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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
Document Type
Agenda
Agenda Item
6-b
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12 <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, as <br /> previously supplemented by the instrument recorded at RB 6818, Page 817, Orange <br /> County Registry (together, the "Existing Deed of Trust"). The Existing Deed of Trust, <br /> as modified by this Supplement, is referred to as the "Modified Deed of Trust" in this <br /> Supplement. <br /> The Mortgaged Property includes the real property described in Exhibit A. <br /> The County is the record owner of that real property. <br /> The County executes and delivers this Supplement to secure current advances <br /> under the 2024 Agreement of [$13,000,000], as well as (a) total outstanding <br /> advances with respect to the Prior Bonds of approximately $ , and (b) <br /> potential future advances up to a total maximum principal amount outstanding at any <br /> one time of$200,000,000, all as described and pursuant to the Existing Deed of Trust. <br /> The time during which such future advances may be made is 30 years from June 1, <br /> 2021. The current scheduled date for final repayment of amounts secured under the <br /> Modified Deed of Trust is October 1, 2044. <br /> NOW, THEREFORE, <br /> (1) in consideration of the execution and delivery of the 2024 Bonds and <br /> the 2024 Agreement and other good and valuable consideration, the receipt and <br /> sufficiency of which the County acknowledges, <br /> (2) to secure the County's performance of all its covenants under the "Loan <br /> Documents," as defined in Section 2-2, <br /> (3) to charge the Mortgaged Property with that payment and performance, <br /> the County sells, grants and conveys to the Deed of Trust Trustee, her successors <br /> and assigns forever, in trust, with power of sale, the "Mortgaged Property," as <br /> defined in the Existing Deed of Trust; along with <br /> TO HAVE AND TO HOLD the Mortgaged Property with all privileges and <br /> appurtenances belonging thereunto, to the Deed of Trust Trustee, her successors <br /> 3 <br />
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