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Agenda 10-21-2025; 5-a - Public Hearing and Resolution for Orange County to Participate in the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program
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Agenda 10-21-2025; 5-a - Public Hearing and Resolution for Orange County to Participate in the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program
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10/16/2025 1:44:06 PM
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BOCC
Date
10/21/2025
Meeting Type
Business
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Agenda
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5-a
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30 <br /> 7. Billing, Collection, and Enforcement <br /> Billing, collection and enforcement of C-PACE assessments and C-PACE liens will be the sole <br /> responsibility of capital providers. Delinquent assessment payments shall incur interest and <br /> penalties as specified in the Financing Agreement and shall be paid in accordance with the <br /> amortization schedule. Capital providers will enforce delinquent assessment payments in the <br /> same manner as foreclosure of a deed of trust. C-PACE assessment payments not yet billed or <br /> due may not be accelerated or extinguished by foreclosure of the delinquent assessment payment <br /> or payments. <br /> Outstanding or delinquent State, local, or federal taxes or liens at the time of the foreclosure <br /> proceeding will be satisfied first, but the C-PACE lien shall be superior to all other liens on the <br /> property from the date on which the Notice of the C-PACE Assessment was recorded and until <br /> the assessment, interest, penalties, and charges accrued or accruing are paid. <br /> 8. Consent from Mortgage and Lien Holder(s) Required <br /> Before entering into an Assessment Agreement, the property owner must submit to the statewide <br /> administrator, EDPNC, a written statement by each holder of a mortgage, deed of trust, or other <br /> lien securing indebtedness on the property regarding their consent to placement of the C-PACE <br /> Assessment. Each consenter must also attest that placement of the assessment does not <br /> constitute an event of default under the terms of the mortgage, deed of trust, or other <br /> indebtedness secured by the lien. <br /> If lienholder consent is not available at time of Project Application, EDPNC may issue conditional <br /> approval if all other requirements are met. In this case, lienholder consents are executed at <br /> closing, the signatures of the local government will be held in escrow and will not be released until <br /> the consents are obtained. Capital Providers may provide their own form of consent that conforms <br /> to the C-PACE Act. <br /> 10 <br />
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