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<br />of the moneys advanced pursuant to such contract by granting a security interest in and lien on <br />all or a portion of the Project; <br />WHEREAS, there have been submitted to this meeting draft forms of the following <br />documents (the "Financing Documents") with respect to the financing for the Project: <br />(I) an Installment Purchase Agreement, proposed to be dated on or about December <br />1, 2008 (the "Contract"), between the County and the Seller as counterparty, pursuant to which <br />the Seller will provide financing to the County for the cost of the Project and the County agrees <br />to make periodic installment payments (the "Installment Payments") to repay the amount <br />financed, with interest; and <br />(2) a Deed of Trust and Security Agreement (the "Deed of Trust"), proposed to be <br />dated on or about December 1, 2008, among the County as Grantor, the Seller as Beneficiary and <br />the trustee named therein, by which the County would secure its obligations to the Seller under <br />the Contract; <br />WHEREAS, the obligations of the County to make Installment Payments and other <br />payments pursuant to the Contract shall constitute limited obligations of the County payable <br />solely from currently budgeted appropriations of the County and shall not constitute a pledge of <br />the faith and credit of the County within the meaning of any constitutional debt limitation; <br />WHEREAS, no deficiency judgment may be rendered against the County in any action <br />for breach of a contractual obligation under the Contract, and the taxing power of the County is <br />not and may not be pledged in any way directly or indirectly or contingently to secure any <br />moneys due under the Contract; and <br />WHEREAS, the Board of Commissioners desires to approve the Financing Documents <br />and to authorize other actions in connection therewith; <br />2 Item# 18 <br />Attachment number 3 <br />(j_2 365 of 408 <br />ii <br />u <br /> <br /> <br /> <br />u <br />C~ <br />r <br />L <br /> <br />i <br />i~ <br />Li <br />r, <br />r <br /> <br />~~ <br /> <br />