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HomeMy WebLinkAboutC.054.93009_1857During the time that BB&T/Craigie Governmental Finance is the registered owner of this bond, payment of the installments of principal and interest when due and payable on this bond shall be made at such place as BB&T/Craigie Governmental Finance, as the case may be, shall designate, without presentation or surrender hereof, and, during any such time as an assignee thereof is the registered owner of this bond, payment of the installments of principal when due and payable on this bond shall be made at the office of the Bond Registrar, upon the presentation and surrender hereof. Upon receipt of said payments of principal, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this bond to the extent of the payment so made. Upon final payment this bond shall be surrendered to the Bond Registrar for cancellation. This bond is a duly authorized special obligation bond of the County, designated "Special Obligation Bond (Solid Waste System Project), Series 1998" (the "Series 1998 Bond"), issued for the purpose of providing funds, together with any other available funds, for (i) paying the cost of constructing certain additional improvements described in the Series Resolution (as hereinafter defined) (the "Additional Improvements") to the Solid Waste System (as defined in the Order), and (ii) paying expenses incurred in connection with the issuance of the Series 1998 Bond. The Series 1998 Bond is issued under and pursuant to the Constitution and laws of the State of North Carolina, including the North Carolina Solid waste Management Loan Program, being Chapter 159I of the General Statutes of North Carolina (the "Enabling Act"), a bond order duly adopted by the Board of Commissioners for the County (the "Board") on April 15, 1992 (such bond order, together with all orders supplemental thereto as therein permitted, being herein called the "Order") and a series resolution duly adopted by the Board on May 5, 1998 (the "Series Resolution"). The Order provides for the issuance from time to time under the conditions, limitations and restrictions therein set forth of additional bonds to provide funds for paying all or any part of the cost of acquiring, constructing and equipping any Additional Improvements, to provide funds for completing payment of the cost of acquiring, constructing and equipping any Additional Improvements, to refund any bonds issued under the Order or, to the extent permitted by law, other indebtedness (the Series 1998 Bond, the County's Special obligation Bonds (Solid Waste System Project), Series 1992 and Series 1993 and any such additional bonds being herein collectively called the "Bonds") and to pay any indebtedness incurred or assumed by the County for any purpose for which Bonds may be issued. The Order also provides for the incurrence or assumption by the County of additional indebtedness payable from Obligated Revenues, hereinafter mentioned, on a parity with all Bonds (such indebtedness and the Bonds being herein collectively called "Parity Indebtedness") under the conditions, limitations and restrictions therein set forth. Reference is hereby made to the Order for provisions, among others, with respect to the custody and application of the proceeds of the Bonds the collection and disposition of Obligated Revenues, as defined in the Order, the nature and extent of the security for the Bonds and any other Parity Indebtedness thereby created, the terms and conditions on which the Bonds of each series are or may be issued or other Parity Indebtedness may be incurred or assumed, the rights, duties and obligations of the County, the Bond Registrar and the Trustee and the rights of the registered owners of the Bonds. A certified copy of the Order is on file at the principal corporate trust office of First -Citizens Bank & Trust Company, in the City of Raleigh, North Carolina (the "Trustee"). By the acceptance of this bond, the registered owner hereof assents to all of the provisions of the Order. 22