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Agenda - 04-21-20; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of $40,750,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda - 04-21-20; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of $40,750,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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4/17/2020 2:58:47 PM
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BOCC
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4/21/2020
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Business
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Agenda
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8-e
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Agenda 04-21-20 Virtual Business Meeting
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12 <br /> the Loan Documents and (b) any Additional Bonds, as defined in and as may be <br /> executed and delivered pursuant to the Prior Agreement. <br /> 1-2 Present and Future Advances. This Deed of Trust is executed to secure <br /> all the County's present and future obligations to the Trustee related to the Mortgaged <br /> Property as described in and pursuant to the Modified Deed of Trust.The total amount, <br /> including present and future obligations, that may be secured by this Modified Deed of <br /> Trust at any one time is $200,000,000.The period within which future obligations may <br /> be incurred is 30 years from June 1, 2018. <br /> 1-3 Existing Deed of Trust Otherwise Confirmed. Except as provided by <br /> this Supplement, the County ratifies, approves and confirms the terms of the Existing <br /> Deed of Trust. <br /> 1-4 County's Obligation Limited. Notwithstanding any other provision <br /> of the Loan Documents, the parties intend that this transaction will comply with <br /> North Carolina General Statutes Section 160A-20. No deficiency judgment may be <br /> entered against the County in violation of Section 160A-20. <br /> No provision of this Supplement should be construed or interpreted as creating <br /> a pledge of the County's faith and credit within the meaning of any constitutional debt <br /> limitation. No provision of this Supplement should be construed or interpreted as an <br /> illegal delegation of governmental powers, nor as an improper donation or lending of <br /> the County's credit within the meaning of the North Carolina constitution. The <br /> County's taxing power is not and may not be pledged, directly or indirectly <br /> contingently, to secure any moneys due under this Supplement. <br /> Nothing in this Section is intended to impair or prohibit foreclosure under the <br /> Modified Deed of Trust if the Obligations are not paid when due or otherwise upon <br /> the occurrence of an Event of Default under the Loan Documents. <br /> No provision of this Supplement restricts the County's future issuance of any <br /> of its bonds or other obligations payable from any class or source of the County's <br /> moneys (except to the extent the Loan Documents restrict the incurrence of <br /> additional obligations secured by the Mortgaged Property). <br /> To the extent of any conflict between this Section and any other provision of <br /> this Supplement, this Section takes priority. <br /> 5 <br />
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