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66 <br /> (d) Notwithstanding the requirements described in (c) above, the County <br /> need not make any showing as to the value of the remaining Mortgaged Property and is <br /> not required to represent that there is no Event of Default continuing in connection with <br /> the release of(i) any building that lies on the same parcel of property as the Government <br /> Services Annex, along with (ii) ingress, egress and parking facilities reasonably <br /> appropriate for the use of that building. The Trustee is required to grant the release <br /> described in this paragraph even during the continuation of an Event of Default, but may <br /> not otherwise release property under (c) above during the continuation of an Event of <br /> Default. <br /> In addition to the provisions for release described above, the County may from time to time grant <br /> easements, licenses, rights-of-way and other similar rights with respect to any part of the Mortgaged <br /> Property, and the County may release such interests, with or without consideration, and the County may <br /> dispose of any undesirable or unnecessary Fixture, so long as such grant or disposition does not materially <br /> impair the intended use of the Mortgaged Property. <br /> See "THE DEED OF TRUST—No Transfers; Releases; Grants of Easements" in Appendix <br /> C hereto. <br /> ENFORCEABILITY <br /> The enforceability of the parties' obligations under the Trust Agreement and the Modified Deed <br /> of Trust are subject to bankruptcy, insolvency, reorganization and other laws related to or affecting the <br /> enforcement of creditors' rights generally and, to the extent that certain remedies under such instruments <br /> require or may require enforcement by a court,to such principles of equity as the court having jurisdiction <br /> may impose. <br /> NOTWITHSTANDING ANYTHING THEREIN TO THE CONTRARY, THE DELIVERY OF THE 2019B <br /> BONDS SHALL NOT BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT <br /> OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. IN ADDITION, <br /> NEITHER THE 2019B BONDS NOR THE TRUST AGREEMENT DIRECTLY OR INDIRECTLY OR CONTINGENTLY <br /> OBLIGATES THE COUNTY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE SOLE <br /> DISCRETION OF THE BOARD OF COMMISSIONERS FOR ANY FISCAL YEAR IN WHICH THE 2019B BONDS ARE <br /> OUTSTANDING. IF THE COUNTY FAILS TO MAKE PAYMENTS OF PRINCIPAL OF OR INTEREST ON THE <br /> BONDS,THE TRUSTEE MAY DECLARE THE ENTIRE UNPAID PRINCIPAL OF THE BONDS TO BE IMMEDIATELY <br /> DUE AND PAYABLE AND DIRECT THE DEED OF TRUST TRUSTEE TO INSTITUTE FORECLOSURE <br /> PROCEEDINGS UNDER THE MODIFIED DEED OF TRUST AND PROCEED IN ACCORDANCE WITH LAW TO <br /> ATTEMPT TO DISPOSE OF THE MORTGAGED PROPERTY AND APPLY THE PROCEEDS OF SUCH DISPOSITION <br /> TOWARD ANY BALANCE, OWING BY THE COUNTY ON THE BONDS. NO ASSURANCE CAN BE GIVEN THAT <br /> SUCH PROCEEDS WILL BE SUFFICIENT TO PAY ALL PRINCIPAL OF AND INTEREST ON THE BONDS. IN <br /> ADDITION, SECTION 160A-20(f) OF THE NORTH CAROLINA GENERAL STATUTES PROVIDES THAT NO <br /> DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY FOR BREACH OF ANY CONTRACTUAL <br /> OBLIGATION AUTHORIZED UNDER SECTION 160A-20 AND THAT THE TAXING POWER OF THE COUNTY IS <br /> NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY TO SECURE ANY MONEYS DUE FROM THE <br /> COUNTY. See "THE TRUST AGREEMENT—Defaults and Remedies under the Trust Agreement- <br /> Acceleration" and "— Other Remedies" and "THE DEED OF TRUST—Defaults and Remedies; <br /> Foreclosure" in Appendix C hereto and the caption"CERTAIN RISKS OF 2019B BOND OWNERS" <br /> herein. <br /> 10 <br />