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Agenda - 05-18-2021; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various CIP Projects and To Refinance Existing County Obligations
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Agenda - 05-18-2021; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various CIP Projects and To Refinance Existing County Obligations
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5/13/2021 3:20:20 PM
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5/18/2021
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Business
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Agenda
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8-e
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Agenda for May 18, 2021 Board Meeting
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28 <br /> (d) Any addressee (including the LGC) may designate additional or <br /> different addresses for communications by notice given under this Section to each of <br /> the others. No notice need be delivered to the Deed of Trust Trustee for any notice <br /> or action to be effective. The County must send copies of any notices it sends to the <br /> Deed of Trust Trustee also to the Trustee. <br /> (e) Whenever this Deed of Trust requires the giving of a notice, the person <br /> entitled to receive the notice may waive the notice, in writing. The giving or receipt <br /> of the notice will then not be a condition to the validity of any action taken in <br /> reliance upon the waiver. <br /> 5-2 Successors; Assignments. This Deed of Trust is binding upon, will <br /> inure to the benefit of, and is enforceable by the County, the Trustee, any registered <br /> owner of Bonds (subject to the limitations in the Trust Agreement), and by the Deed <br /> of Trust Trustee, and by their respective successors and assigns. <br /> 5-3 No Marshalling. The County waives all rights to require marshalling <br /> of assets in connection with the exercise of any remedies provided in this Deed of <br /> Trust or as permitted by law. <br /> 5-4 Definitions. All capitalized terms used in this Deed of Trust and <br /> not otherwise defined have the meanings ascribed to them in the Trust Agreement. <br /> 5-5 Governing Law; Forum. The County, BNY-M, and the Deed of Trust <br /> Trustee intend that North Carolina law will govern this Deed of Trust and all <br /> matters of its interpretation. To the extent permitted by law, the County, BNY-M, <br /> and the Deed of Trust Trustee agree that any action brought with respect to this <br /> Deed of Trust must be brought in the North Carolina General Court of Justice in <br /> Orange County, North Carolina. <br /> 5-6 Limitation of Liability of Officers and Agents. No officer, agent or <br /> employee of the County, BNY-M or the Deed of Trust Trustee will be subject to any <br /> personal liability or accountability by reason of the execution of this Deed of Trust <br /> or any other documents related to the transactions contemplated by this Deed of <br /> Trust. Those officers or agents are deemed to execute documents in their official <br /> capacities only, and not in their individual capacities. This Section does not relieve <br /> any officer, agent or employee from the performance of any official duty provided by <br /> law. <br /> 13 <br />
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