Orange County NC Website
DTC , in whatever manner may be provided for under DTC ' s standard operating rules as then in effect (and <br /> if the Trustee is unable to determine those rules, by registered or certified mail, return receipt requested) ; <br /> (2 ) with respect to any 2024A Bonds for which no book- entry only system of registration is in effect, to <br /> each of the registered owners of those 2024A Bonds at their addresses as shown on the Trustee ' s registration <br /> books , by registered or certified mail; and (3 ) in any case, both (A) to the Municipal Securities Rulemaking <br /> Board for posting on its "EMMA" continuing disclosure system, or any successor system, and (B ) to the <br /> LGC . <br /> Failure to give any notice specified in ( 1 ) or (2) , as applicable, or any defect in that notice, will not <br /> affect the validity of any proceedings for the redemption of any 2024A Bonds with respect to which no <br /> failure has occurred . Failure to give any notice specified in (3 ), or any defect in that notice, will not affect <br /> the validity of any proceedings for the redemption of any 2024A Bonds with respect to which the notice <br /> specified in ( 1 ) or (2) is correctly given . Any notice mailed as provided in the Trust Agreement will <br /> conclusively be presumed to have been given regardless of whether received by any Owner . <br /> Notwithstanding anything in the Trust Agreement to the contrary, the only remedy for the Trustee ' s <br /> failure to post any notice with the EMMA system will be an action by the holders of the 2024A Bonds , as <br /> applicable, in mandamus for specific performance or similar remedy to compel performance . <br /> Any redemption notice, except a redemption notice in respect of a sinking fund payment date, may <br /> state that the redemption to be effected is conditioned upon ( 1 ) the Trustee ' s receipt on or prior to the <br /> redemption date of moneys sufficient to pay the principal of and premium, if any, and interest on the 2024A <br /> Bonds to be redeemed; or (2 ) any other condition not unacceptable to the Trustee . If a notice contains a <br /> condition and the Trustee either (1) does not receive moneys sufficient to pay the principal of and premium, <br /> if any, and interest on the 2024A Bonds on or prior to the redemption date, or (ii) the stated condition is not <br /> fulfilled, in either case on or prior to the redemption date, then redemption will not be made and the Trustee <br /> must, within a reasonable time, give notice in a manner in which the redemption notice was given that the <br /> moneys were not so received ( or condition was not fulfilled) and the redemption was not made . <br /> 2024B Bonds . The 2024B Bonds are not subject to redemption prior to maturity . <br /> SECURITY AND SOURCES OF PAYMENT OF 2024 BONDS <br /> GENERAL <br /> The 2024 Bonds are payable from payments to be made by the County pursuant to the Trust <br /> Agreement and from certain other moneys , inclung certain Net Proceeds, i di f any, and certain amounts <br /> realized from any sale or lease of the Mortgaged Property, which payments and other moneys have been <br /> pledged to such payment as provided in the Trust Agreement . <br /> PAYMENT OF BONDS ; LIMITED OBLIGATION ; BUDGET AND APPROPRIATIONS <br /> The County shall cause to be paid, when due, the principal of (whether at maturity, by acceleration, <br /> or otherwise) and the premium, if any, and interest on the Bonds at the places, on the dates and in the <br /> manner described in the Trust Agreement . The County is obligated to pay Additional Payments in amounts <br /> sufficient to pay the fees and expenses of the Trustee, taxes or other expenses required to be paid pursuant <br /> to the Trust Agreement . Additional Payments are to be paid by the County directly to the person or entity <br /> to which such Additional Payments are owed . <br /> In the Trust Agreement, the County agrees to include in the initial proposal for each of the County ' s <br /> annual budgets for review and consideration by the Board of Commissioners for the County, in any Fiscal <br /> 6 <br />