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Agenda 05-21-24; 6-b - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda 05-21-24; 6-b - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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5/16/2024 2:55:30 PM
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BOCC
Date
5/21/2024
Meeting Type
Business
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Agenda
Agenda Item
6-b
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Agenda for May 21, 2024 BOCC Meeting
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56 <br /> This Bond is one of an issue of$ Limited Obligation Bonds, Series <br /> 2024A (the "Bonds"), of like date and tenor, except as to number, denomination, <br /> rate of interest, privilege of redemption and maturity. The Bonds are issued under, <br /> and are equally and ratably secured by, a Trust Agreement dated as of June 1, 2021 <br /> (the "Trust Agreement"), as supplemented, between the County and The Bank of <br /> New York Mellon Trust Company, N.A., as trustee (the "Trustee"). <br /> This Bond constitutes an installment contract within the meaning of Section <br /> 160A-20 of the North Carolina General Statutes, as the same may be in effect from <br /> time to time ("Section 160A-20"), between the County and the owner (from time to <br /> time) of this Bond. The Bonds are payable solely from funds appropriated on an <br /> annual basis by the County's governing Board of Commissioners and other funds <br /> available for the purpose of payment pursuant to the Trust Agreement, such as <br /> certain net insurance and condemnation awards and the proceeds of remedial <br /> action, which revenues and other moneys have been pledged as described in the <br /> Trust Agreement to secure payment of the Bonds. Neither the County's faith and <br /> credit nor its taxing power is pledged to the payment of any amounts due under the <br /> Bonds. As provided for under Section 160A-20, no deficiency judgment may be <br /> rendered against the County in any action for breach of a contractual obligation <br /> under the Bonds or the Trust Agreement. <br /> To further secure its obligations under the Trust Agreement, the County has <br /> granted, for the benefit of the Trustee on behalf of the owners of the Bonds, a <br /> security interest in certain public facilities, including the underlying real property, <br /> and certain other property pursuant to the Trust Agreement and a Deed of Trust <br /> and Security Agreement dated as of June 1, 2021, as modified. <br /> Reference is made to the Trust Agreement, the Deed of Trust referenced <br /> above and all amendments and supplements for the provisions, among others, with <br /> respect to the nature and extent of the security, the rights, duties and obligations of <br /> the County and the Trustee, the rights of the Owners of the Bonds and the terms <br /> upon which the Bonds are executed, delivered and secured, to all of which <br /> provisions the owner of this Bond, by the acceptance of this Bond, agrees. Additional <br /> Bonds secured by a parity interest in the property securing the Bonds have been <br /> and may be issued under the terms and conditions set forth in the Trust Agreement. <br /> 27 <br />
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