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OTHER-2021-021 Deed of Trust and Security Agreement
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OTHER-2021-021 Deed of Trust and Security Agreement
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Last modified
8/27/2021 2:54:09 PM
Creation date
8/27/2021 2:53:27 PM
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BOCC
Date
5/18/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-e
Document Relationships
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
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
Agenda for May 18, 2021 Board Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
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aggregate principal component of the Bonds Outstanding at the time the release is <br /> effected. <br /> (d) The County may make the following grants and dispositions, so long as <br /> the grant or disposition will not materially impair the intended use of the Pledged <br /> Facilities, and without regard to subsection (c) above. <br /> (i) The County may from time-to-time grant easements, licenses, <br /> rights-of-way and other similar rights with respect to any part of the <br /> Mortgaged Property, and the County may release similar interests, with or <br /> without consideration. <br /> (ii) The County may dispose of any undesirable or unnecessary <br /> Fixture as provided in Section 1-4. <br /> 1-7 Construction Mortgage. The parties intend that the security interest <br /> evidenced by this Deed of Trust will be a "construction mortgage" with respect to the <br /> Pledged Facilities within the meaning of Section 25-9-334 of the North Carolina <br /> General Statutes. <br /> 2. County's Payment Obligations <br /> 2-1 Payment of Obligations; Compliance with Covenants. The County <br /> will pay the Obligations as and when the same become due and payable in the <br /> manner set forth in this Deed of Trust and in the Trust Agreement and will comply <br /> in all respects with all the terms of the Documents. <br /> 2-2 Payment of Costs and Legal Fees. (a) If the Deed of Trust <br /> Trustee or BNY-M employs an attorney to assist in the enforcement or collection of <br /> any Obligations, or if the Deed of Trust Trustee or BNY-M voluntarily or otherwise <br /> becomes a party to any suit or legal proceeding (including a proceeding conducted <br /> under any state or federal bankruptcy or insolvency statute) to protect the <br /> Mortgaged Property, to protect the lien of this Deed of Trust, to enforce collection of <br /> the Obligations, or to enforce compliance by the County with any of the provisions of <br /> the Documents, then the County will pay reasonable legal fees and costs that the <br /> Deed of Trust Trustee or BNY-M may reasonably have incurred (whether or not any <br /> suit or proceeding is commenced). The County's repayment of all amounts paid for <br /> any such purpose, together with interest at the annual rate of 4.00% (calculated on <br /> 8 <br />
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