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Agenda 10-01-19 Item 6-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $37,000,000 in Installment Purchase Financing for Various CIP Projects Including Refinancing County Debt
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Agenda 10-01-19 Item 6-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $37,000,000 in Installment Purchase Financing for Various CIP Projects Including Refinancing County Debt
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9/26/2019 1:13:08 PM
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BOCC
Date
10/1/2019
Meeting Type
Regular Meeting
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Agenda
Agenda Item
6-a
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Agenda 10-01-19 Regular Board Meeting
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71 <br /> 2035 <br /> 2036 <br /> 2037 <br /> 2038 <br /> 2039 <br /> TOTAL' <br /> 'Includes debt service on the 2018 Bonds and the 2019A Bonds. <br /> Note:Totals may not foot due to rounding. <br /> CERTAIN RISKS OF 2019B BOND OWNERS <br /> INSUFFICIENCY OF PAYMENTS <br /> If the County fails to pay any payments on the Bonds as the same become due or if another event <br /> of default occurs under the Trust Agreement, the Trustee may accelerate the principal with respect to the <br /> Bonds, direct the Deed of Trust Trustee to foreclose on the Mortgaged Property under the Modified Deed <br /> of Trust, take possession of the Mortgaged Property and attempt to dispose of the Mortgaged Property. <br /> See "THE DEED OF TRUST" in Appendix C hereto. Zoning restrictions and other land use factors <br /> relating to the Mortgaged Property may limit the use of the Mortgaged Property and may affect the <br /> proceeds obtained on any disposition by the Deed of Trust Trustee. THERE CAN BE NO ASSURANCE THAT <br /> THE MONEYS AVAILABLE IN THE FUNDS AND ACCOUNTS HELD BY THE TRUSTEE AND THE PROCEEDS OF <br /> ANY SUCH DISPOSITION OF THE MORTGAGED PROPERTY WILL BE SUFFICIENT TO PROVIDE FOR THE <br /> PAYMENT OF THE PRINCIPAL AND INTEREST WITH RESPECT TO THE BONDS. SECTION 160A-20(f) OF THE <br /> GENERAL STATUTES OF NORTH CAROLINA PROVIDES THAT NO DEFICIENCY JUDGMENT MAY BE <br /> RENDERED AGAINST THE COUNTY FOR ANY AMOUNTS THAT MAY BE OWED BY THE COUNTY UNDER THE <br /> TRUST AGREEMENT, AND THE TAXING POWER OF THE COUNTY IS NOT AND MAY NOT BE PLEDGED <br /> DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY MONEYS OWING BY THE COUNTY UNDER <br /> THE TRUST AGREEMENT. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE BONDS <br /> ON A DEFAULT BY THE COUNTY UNDER THE TRUST AGREEMENT ARE LIMITED TO THOSE OF A SECURED <br /> PARTY UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, INCLUDING FORECLOSING ON THE <br /> MODIFIED DEED OF TRUST. <br /> RISK OF NONAPPROPRIATION <br /> The appropriation of moneys to make payments pursuant to the Trust Agreement is within the <br /> sole discretion of the Board of Commissioners of the County. If the Board of Commissioners fails to <br /> appropriate such moneys, the only sources of payment for the Bonds will be the moneys, if any, available <br /> in certain funds and accounts held by the Trustee under the Trust Agreement and the proceeds of any <br /> attempted foreclosure on the County's interest in the Mortgaged Property under the Modified Deed of <br /> Trust. <br /> VALUE OF COLLATERAL <br /> The County's estimated value of the Mortgaged Property (as further described under the caption <br /> above "THE PLAN OF FINANCE — The Mortgaged Property") is at least $[ ] million, which is <br /> approximately [_]%*of the aggregate principal amount of the 2019B Bonds and the outstanding 2019A <br /> Bonds and 2018 Bonds. This value is based in part on the County's own estimates, and the County has <br /> not commissioned or obtained any appraisals for the purpose of this valuation. The amount of proceeds <br /> received through foreclosure of the County's interest in the Mortgaged Property may be affected by a <br /> number of factors, including (1) the costs and expenses in enforcing the lien and security, (2) the <br /> Preliminary,subject to change. <br /> 15 <br />
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