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Financial- Stoel Rives LLP
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Last modified
9/19/2012 3:42:32 PM
Creation date
9/8/2011 4:52:50 PM
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Building
RecordID
10235
Title
Financial- Stoel Rives LLP
Company
Marion County
BLDG Date
2/16/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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In the exercise of the authority conferred upon the County pursuant to ORS 271.390 and <br />subject to the limitations set forth herein, the County is hereby authorized to finance its share of <br />the costs of the Project by entering into the Agreement pursuant to which the County shall borrow <br />a sum not to exceed million dollars ($ ). The funds <br />needed for such financing shall be raised by means of the execution and delivery of certificates <br />of participation as provided in •the Agreement (the "1998 Certificates"), which 1998 Certificates <br />shall evidence undivided interests in the Cotulty's obligation to make financing payments pursuant <br />to the Agreement (the "1998 Financing Payments"). <br />Notwithstanding anything expressed or implied herein or in the Certificates or the <br />Agreement to the contrary, the County's obligation to make the Financing Payments due in each <br />Fiscal Year shall be and remain subject to the Cotmty's having duly budgeted and appropriated, <br />in accordance with applicable law, funds for the purpose of paying such Financing Payments. <br />SECTION 2. APPOINTMENT OF TRUSTEE; SECURITY FOR THE COUNTY'S OBLIGAT(ON. <br />is hereby appointed to act as trustee under the Agreement (the "Trustee"). <br />As security for the County's obligation to make the Financing Payments due under the <br />Agreement, and also to secure the repayment of the moneys loaned to the County pursuant to the <br />Agreement in the case of an occurrence of a Nonappropriation Event: <br />(A) the County shall grant to , as trustee under the <br />Agreement (the "Trustee"), a mortgage on the County's undivided interest in the Site, <br />which mortgage shall be granted pursuant to the Site Mortgage, which Site Mortgage shall <br />continue in effect until such time as the Condominium Mortgage is executed and delivered <br />by the County to the Trustee in lieu of such Site Mortgage; <br />(B) at such time as the County's condominium interests in the Project come into <br />existence, the County shall grant to the Trustee a mortgage on the County's interest in the <br />condominium units in the Project, which mortgage shall be granted pursuant to the <br />Condominium Mortgage (as more particularly described below); provided that <br />concurrently with the execution and delivery of the Condominium Mortgage by the <br />County to the Trustee, the Trustee shall release and discharge the Site Mortgage; and <br />(C) in accordance with the terms and conditions set forth in the Financing <br />Agreement, the County shall pledge its right, title and interest to and in: <br />(1) all Financing Payments paid by the County to the Trustee under the <br />Agreement; <br />(2) all moneys and investments in the Certificate Payment Fund, the Project <br />Fund and any other fund established and held by the Trustee under any <br />RESOLUTION AUTHORIZING FINANCING PAGE 2 <br />
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