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Agenda 05-16-2023; 8-c - Adoption of the Final Resolution Authorizing 2023 Installment Financing for Various Capital Investment Plan Projects for Up to $14,500,000
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Agenda 05-16-2023; 8-c - Adoption of the Final Resolution Authorizing 2023 Installment Financing for Various Capital Investment Plan Projects for Up to $14,500,000
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5/11/2023 4:01:35 PM
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BOCC
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5/16/2023
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Business
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Agenda
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8-c
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Agenda for May 16, 2023 BOCC Meeting
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9 <br /> DEED OF TRUST SUPPLEMENT #1 <br /> THIS DEED OF TRUST SUPPLEMENT #1 (this "Supplement") is dated as of <br /> June 2023, and is granted by ORANGE COUNTY, NORTH CAROLINA, a political <br /> subdivision of the State of North Carolina (the "County"), to Amy K. Johnson, as <br /> trustee (the "Deed of Trust Trustee"), for the benefit of THE BANK OF NEW YORK <br /> MELLON TRUST COMPANY, N.A.,AS TRUSTEE ("BNY-M"). <br /> Introduction <br /> The County is issuing its [$14,500,000] Limited Obligation Bonds, Series <br /> 2023 (the "2023 Bonds"), under a First Supplemental Trust Agreement dated as of <br /> June , 2023 (the "2023 Agreement"), between the County and BNY-M, as trustee. <br /> The County is issuing the 2023 Bonds to provide funds, to be used together with <br /> other available funds, to acquire, construct, equip and otherwise improve a variety <br /> of County facilities and assets, as well as to pay financing costs and other related <br /> costs. <br /> The 2023 Agreement supplements a Trust Agreement dated as of June 1, <br /> 2021 (the "2021 Agreement"). Under the 2021 Agreement, the County has issued its <br /> $23,585,000 original aggregate principal amount Limited Obligation Bonds, Series <br /> 2021A and Series 2021B (the "Prior Bonds"). The County secured its repayment <br /> obligation with respect to the Prior Bonds by granting a security interest in certain <br /> Mortgaged Property, as defined in the Existing Deed of Trust (as defined below). <br /> The parties have now agreed that the Mortgaged Property will also secure the <br /> County's repayment obligations with respect to the 2023 Bonds as provided in the <br /> 2023 Agreement. The parties have further agreed that the Mortgaged Property will <br /> now also include the real property described as "Tracts " on Exhibit A, and <br /> all improvements to that property, as further described below. <br /> Accordingly, this Supplement supplements the Deed of Trust and <br /> Security Agreement granted by the County for the benefit of BNY-M dated as of <br /> June 1, 2021, and recorded at RB 6730, Page 209, Orange County Registry (the <br /> "Existing Deed of Trust"). The Existing Deed of Trust, as modified by this <br /> Supplement, is referred to as the "Modified Deed of Trust" in this Supplement. <br /> 2 <br />
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