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Agenda - 05-15-2001-7a
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Agenda - 05-15-2001-7a
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Last modified
9/1/2008 11:11:55 PM
Creation date
8/29/2008 10:31:40 AM
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BOCC
Date
5/15/2001
Document Type
Agenda
Agenda Item
7a
Document Relationships
2001 S Purchasing - Public Hearing on Installment Contract to Purchase Land Seven Mile Creek Preserve (Mayes' Hill, Ltd.)
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2001
Minutes - 05-15-2001
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2001
S Waranty Deed - Land Seven Mile Creek Preserve (Mayes' Hill, Ltd.)
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2000 - 2009\2001
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24 <br />In the event of (a) default in payment of any installment <br />of principal or interest hereof as the same becomes due and such <br />default is not cured within 10 days after written notice to the <br />undersigned, or (b) default under the terms of any instrument <br />securing this Note, and such default is riot cured within 20 days <br />after written nota.ce to the unders~.gned, or (c) a - <br />Nonappropriation as described below then in any such event the <br />holder may without further notice, declare the remainder of the <br />principal sum, together with all interest accrued thereon at <br />once due and payable. Failure to exercise this option shall not <br />constitute a waiver of the right to exercise the same at any <br />other time. <br />This Note is to be governed and construed in accordance <br />with the laws of the State of North Carolina. <br />This Note <br />Carolina. General <br />of the purchase <br />Deed of Trust <br />property therein <br />is delivered under the authority of North <br />Statute Section 160A-20 as part of the payment <br />price for. real property, and is secured by a <br />of even date (the "Deed of Trust") to <br />Trustee, which is a lien upon the <br />described. <br />'The obligation of the County to make payments hereunder <br />shall not constitute a mandatory payment obligation of the <br />County in any ensuing fiscal year beyond the then current fiscal <br />year. This Note does not directly or indirectly or contingently <br />obligate the County to make any payments beyond those <br />appropriated in the sole discretion of the County for 'any fiscal <br />year. Tn the. event the governing board of the County determines <br />not to appropriate in its budget any amount to pay the sums due <br />hereunder in the fiscal year for which such budget applies, said <br />board shall adapt a resolution specifically deleting such <br />appropriation and stating the reasons therefor (any such <br />decision not to appropriate being herein called a <br />"Nonappropriation"). The County shall have the right, at any <br />time, to terminate its obligation to make payments hereunder by <br />permitting the occurrence of a Nonappropriation. In the event of <br />a Nonappropriation, the holder(s) of this Note shall have and <br />may exercise, to the extent permitted by law, any of the <br />remedies following a default hereunder or under the related Deed <br />of Trust . <br />NOTWITHSTANDING ANYTHING HEREIN OR IN THE DEED OF TRUST TO <br />THE CONTRARY, NO DEFICIENCY JUDGMENT.MAY BE RENDERED AGAINST THE <br />COUNTY IN ANY ACTION FOR' BREACH OF ANY OBLIGATION UNDER THIS <br />NOTE OR THE DEED OF TRUST, OR UPON A NONAPPROPRTATION, AND THE <br />
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