Orange County NC Website
THE COUNTY FOR ANY AMOUNTS THAT MAY BE OWED BY THE COUNTY UNDER THE TRUST AGREEMENT, <br /> AND THE TAXING POWER OF THE COUNTY IS NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR <br /> CONTINGENTLY TO SECURE ANY MONEYS OWING BY THE COUNTY UNDER THE TRUST AGREEMENT , THE <br /> REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE BONDS ON A DEFAULT BY THE COUNTY <br /> UNDER THE TRUST AGREEMENT ARE LIMITED TO THOSE OF A SECURED PARTY UNDER THE LAWS OF THE <br /> STATE OF NORTH CAROLINA, INCLUDING FORECLOSING ON THE MODIFIED DEED OF TRUST . <br /> RISK OF NONAPPROPRIATION <br /> The appropriation of moneys to make payments pursuant to the Trust Agreement is within the sole <br /> discretion of the Board of Commissioners of the County . If the Board of Commissioners fails to appropriate <br /> such moneys, the only sources of payment for the Bonds will be the moneys, if any, available in certain <br /> funds and accounts held by the Trustee under the Trust Agreement and the proceeds of any attempted <br /> foreclosure on the County ' s interest in the Mortgaged Property under the Modified Deed of Trust . <br /> VALUE OF COLLATERAL <br /> The County ' s estimated value of the Mortgaged Property (as further described under the caption <br /> above "THE PLAN OF FINANCE — The Mortgaged Property") is at least $ million, which is <br /> approximately % * of the aggregate principal amount of the 2024 Bonds and the outstanding Prior <br /> Bonds . This value is based in part on the County ' s own estimates , and the County has not commissioned <br /> or obtained any appraisals for the purpose of this valuation . The amount of proceeds received through <br /> foreclosure of the County ' s interest in the Mortgaged Property may be affected by a number of factors , <br /> including ( 1 ) the costs and expenses in enforcing the lien and security, (2) the condition of the Mortgaged <br /> Property, (3 ) the occurrence of any damage, destruction, loss or theft of the Mortgaged Property which is <br /> not repaired or replaced and for which there are not received from insurance policies or appropriated <br /> moneys from any risk management program, (4 ) problems relating to the paucity of alternative uses of the <br /> facilities arising from their design, zoning restrictions , use restrictions , easements and encumbrances on the <br /> Mortgaged Property and (5 ) environmental problems and risks with respect to the Mortgaged Property . <br /> The Trust Agreement permits the issuance of Additional Bonds without regard to the value of the <br /> Mortgaged Property, and the Modified Deed of Trust allows for up to $200 million in principal amount of <br /> Bonds to be secured thereby . To the extent that Additional Bonds are issued and no additional property is <br /> subject to the Modified Deed of Trust, the value of the collateral as a percentage of the outstanding principal <br /> amount of Bonds should be expected to decrease, which decrease may be material . <br /> NO REPRESENTATION IS MADE AS TO THE VALUE OF, OR THE AMOUNT OF PROCEEDS THAT MAY BE <br /> REALIZED FROM, THE COUNTY ' S INTEREST IN THE MORTGAGED PROPERTY IN THE EVENT OF A <br /> FORECLOSURE . <br /> UNINSURED CASUALTY <br /> If all or any part of the Mortgaged Property is damaged or destroyed by any casualty or taken by <br /> any governmental authority, the County is obligated under the Trust Agreement to apply any Net Proceeds <br /> from insurance or condemnation ( 1 ) to repair, restore or rebuild the Mortgaged Property or (2 ) to provide <br /> for the redemption or defeasance of all, but not less than all, of the Bonds . If the County applies any Net <br /> Proceeds to repair, restore or rebuild the Mortgaged Property and such Net Proceeds are not sufficient to <br /> repair, restore or rebuild the Mortgaged Property to its condition prior to such damage, destruction or taking, <br /> then the value of the Mortgaged Property would be reduced . The Trust Agreement requires that certain <br /> * Preliminary, subject to change . <br /> 14 <br />