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RESOLU~ON OF <br /> CABARRUS COUNTY, NORTH CAROl .rNA <br />APPROVING THE INST,~I J-k~ENT PURCHASE CONTRACT <br />ANti) RELATED MATTERS <br /> <br /> WHeEl, C. abarrus County, North Carolina (the ?urchaser") is a duly created, <br />organ/zed and existing municipal corporation of the State of North Carolina; <br /> <br /> Wlq~, the Purchaser has the power, pursuant to Section 160A-20 of the <br />General Statutes of North Carolina, to enter into installment contracts to finance the purchase <br />of real or personal property and the construction on real property of fixtures or improvements; <br /> <br /> WH~EREAS, the Purchaser desires that Wachovia Bank of North Carolina, <br />National Association (the ~ank") advance certain moneys to enable the Purchaser to acquke, <br />construct and install the Project (as defined in the Installment Purchase Contract described <br />below), and the Purchaser has determined that it is in its best interests to obtain said advance <br />from the Bank and to acquire, construct and install the Project pursuant to the terms and <br />conditions of the Installment Purchase Contract dated as of April 1, 1993 (the "Installment <br />Purchase Contract") between the Purchaser and the Bank; <br /> <br /> WHEREAS, the Purchaser has determined, and hereby determines, that it is in <br />the best interests of the Purchaser to enter into the Installment Purchase Contract, the Escrow <br />Agreement dated as of April 1, 1993 (the '~crow Agreement") with the Bank, as escrow agent <br />and the Deed of Trust and Security Agreement dated as of April 1, 1993 (the "Deed of Trust") <br />for the benefit of the Bank to prov/de for the acquisition, construction and equippLng of the <br />Project by the Purchaser; <br /> <br /> WHEREAS, the obligation of the County to pay the Installment Payments (as <br />defined in the Installment Purchase Contract) shall constitute a limited obligation payable from <br />revenues of the Purchaser not derived from the exercise of its taxing power; <br /> <br /> WHEREAS, the taxing power of the COunty is not pledged directly or indirectly <br />to secure any moneys due to the Bank under the Installment Purchase Contract; <br /> <br /> WH~EREAS, there has been presented to the governing board of the Purchaser <br />the following documenu (collectively, the 'Instruments"), copies of which are attached hereto, <br />wkich the Purchaser proposes to approve, enter into and deliver, as applicable, to effectuate the <br />proposed financing: <br /> <br />(1) the fora of the Installment Purchase Contract; <br /> <br />(2) the form of the E~crow Agreement; and <br /> <br />(3) the form of the Deed of Trust; <br /> <br /> <br />