Orange County NC Website
Browse       Search
55 <br /> Principal and interest are payable in lawful money of the United States of <br /> America. Interest is to be calculated on the basis of a 360-day year consisting of <br /> twelve 30-day months. <br /> This Bond is one of an issue of [$78,000,000] Limited Obligation Bonds, Series <br /> 2025 (the "Bonds"), of like date and tenor, except as to number, denomination, rate <br /> of interest, privilege of redemption and maturity. The Bonds are issued under, and <br /> are equally and ratably secured by, a Trust Agreement dated as of June 1, 2021 (the <br /> "Trust Agreement"), as supplemented, between the County and The Bank of New <br /> 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 /> 26 <br />