Orange County NC Website
pursuant to the provisions of this Section because any Bond is lost, stolen or <br /> destroyed, whether or not the lost, stolen or destroyed Bond may be found at any <br /> time, or may be enforceable by anyone, is entitled to all the benefits of this <br /> Agreement equally and proportionally with all other Bonds duly issued under this <br /> Agreement. <br /> Section 14.07. Cancellation. Whenever a Bond is delivered to the <br /> Trustee for cancellation (upon payment, redemption or otherwise) or for transfer, <br /> exchange or replacement, the Trustee must promptly destroy the Bond and deliver a <br /> written certificate of that destruction to the County. <br /> Section 14.08. Temporary Bonds. Prior to the preparation of Bonds in <br /> definitive form the County may execute, and the Trustee must then authenticate and <br /> deliver, temporary Bonds in any denominations as the County may determine, but <br /> otherwise in substantially the form set out in this Agreement. The County must <br /> promptly prepare, execute and deliver to the Trustee, before the first Payment Date <br /> for those Bonds, permanent Bonds in definitive form, and thereupon, upon <br /> surrender of Bonds in temporary form, the Trustee will authenticate and deliver in <br /> exchange therefor Bonds in definitive form of the same maturity and having an <br /> equal aggregate principal amount. Until exchanged for Bonds in definitive form, <br /> Bonds in temporary form are entitled to the lien and benefit of this Agreement. <br /> Section 14.09. Non-Presentment of Bonds. (a) If any Bond is not <br /> presented for payment when the principal of that Bond becomes due (whether at <br /> maturity, upon acceleration or call for redemption or otherwise), all liability to the <br /> Owner for the payment of that Bond will be completely discharged if funds sufficient <br /> to pay the Bond and the premium, if any, and interest due on that Bond are held by <br /> the Trustee for that Owner's benefit. It is then the Trustee's duty to hold these funds <br /> subject to subsection (b) below, without liability for interest, for the benefit of the <br /> Owner. The Owner will thereafter be restricted exclusively to those funds for any <br /> claim of whatever nature under this Agreement with respect to that Bond. <br /> (b) Notwithstanding any provision of this Agreement to the contrary, the <br /> Trustee must dispose of moneys held by it for the payment of principal, premium, or <br /> interest on Bonds left unclaimed for five years after the date the principal on those <br /> Bonds becomes due in accordance with N.C. Gen. Stat. Sec. 11613-51 or any successor <br /> provision. After the disposition, the Owners of those Bonds are thereafter entitled to <br /> look only to their remedies under N.C. Gen. Stat. Chapter 116B or any successor <br /> 56 <br />