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<br />WHEREAS, there have been submitted to this meeting draft forms of the following <br /> <br /> <br />documents (the "Financing Documents") with respect to the financing for the Project: <br /> <br /> <br />(1) an Installm.ent Financing Contract, proposed to be dated on or about September 1, <br /> <br /> <br />2006 (the "Contract"), between the County and the Bank as counterparty, pursuant to which the <br /> <br /> <br />Bank will advance moneys to the County for the costs of the Project and the County agrees to <br /> <br /> <br />make periodic installment payments (the "Installment Payments") to repay the moneys so <br /> <br />advanced, with interest; <br /> <br /> <br />(2) a Deed of Trust and Security Agreement (the "Deed of Trust"), proposed to be <br /> <br /> <br />dated on or about September 1, 2006, among the County as Grantor, the Bank as Beneficiary and <br /> <br /> <br />the trustee named therein, by which the County would secure its obligations to the Bank under <br /> <br /> <br />the Contract; and <br /> <br /> <br />(3) an Escrow Agreement, proposed to be dated on or about September 1,2006 (the <br /> <br /> <br />"Escrow Agreement"), between the County and the Bank, as escrow agent, dealing with the <br /> <br /> <br />custody and investment of the moneys advanced by the Bank to the County pending the <br /> <br />expenditure thereof; <br /> <br />WHEREAS, the :obligations of the County to make Installment Payments and other <br /> <br />payments pursuant to the Contract shall constitute limited obligations of the County payable <br /> <br />solely from currently budgeted appropriations of the County and shall not constitute a pledge of <br /> <br />the faith and credit of the! County within the meaning of any constitutional debt limitation; <br /> <br />WHEREAS, no deficiency judgment may be rendered against the County in any action <br /> <br />for breach of a contractual obligation under the Contract, and the taxing power of the County is <br /> <br />not and may not be pl~dged in any way directly or indirectly or contingently to secure any <br /> <br />moneys due under the Cqntract; and <br /> <br />2 <br />f--, <br />