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8.A. - Page 56 <br /> cannot be made separately from property tax payments. Therefore, the unwillingness or <br /> uzability of a property owner to pay regular property tax bills as evidenced by property tax <br /> delinquencies may also indicate an unwillingness or inability to mlke regular property tax <br /> payments and Special Tax installment payments in the future. See "SECURITY FOR THE <br /> BONDS—Reserve Fund" and "-Covenant for Superior Court Foreclosure" for a discussion of <br /> the provisions which apply, and procedures which the District is obligated to follow under the <br /> Fiscal Agent Agreement, in the event of delinquency in the payment of Special Tax <br /> installments. See also "SECURITY FOR THE BONDS—County Teeter Plan," and "THE <br /> DISTRICT—Special Tax Levies and Delinquencies" for historical Special Tax delinquency <br /> history. <br /> Bankruptcy Delays <br /> The payment of the Special Tax and the ability of the City to commence a superior <br /> court action to foreclose the lien of a delinquent unpaid Special Tax, as discussed in <br /> "SECUIZITY FOR THE BONDS—Covenant or Superior Court Foreclosure," may be limited by <br /> bankruptcy, insolvency or other laws generally affecting creditors' rights or by the laws of the <br /> State of California relating to judicial foreclosure. Any legal opinion to be delivered <br /> concurrently with the delivery of the Bonds (including Bond Counsel's approving legal opinion) <br /> will be qualified as to the enforceability of the various legal instruments by bankruptcy, <br /> insolvency, reorganization, moratorium and other similar laws affecti�zg creditors' rights, by <br /> the application of equitable principles and by the exercise of judicial discretion in appropriate <br /> cases. <br /> Although bankruptcy proceedi�zgs would not cause the Special Taxes to become <br /> extinguished, bankruptcy of a property owner or any other person claiming an interest in the <br /> property could result in a delay in superior court foreclosure proceedings 1nd could result in <br /> the possibility of Special Tax installmeilts not being paid in part or in full. Such a delay would <br /> increase the likelihood of a delay or default in payment of the principal of and interest on the <br /> Bonds. <br /> Proceeds of Foreclosure Sales <br /> Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment <br /> of 1ny Special Tax, the City Council, as the legislative body of the District, may order thlt the <br /> Special Taxes be collected by a superior court action to foreclose the lien within specified time <br /> limits. The City has covenanted in the Fiscal Agent Agreement tllat it will, under certain <br /> circumstances, commence such a foreclosure action. See "SECURITY FOR THE BONDS— <br /> Covenant for Superior Court Foreclosure." <br /> No assurances can be given that a Taxable Parcel in the District that would be subject <br /> to a judicial foreclosure sale for deluzquent Special Taxes will be sold or, if sold, that the <br /> proceeds of such sale will be sufficient to pay the delinquent Special Tax installment. Although <br /> the Act authorizes the City to cause such an action to be commenced and diligently pursued <br /> to completion, the Act does not specify any obligation of the City with regard to purchasi�lg or <br /> otherwise acquiring any lot or parcel of property sold at the foreclosure sale u1 any such action <br /> if there is no other purchaser 1t such sale 1nd the City has not in any way agreed nor does it <br /> expect to be such a bidder. <br /> In a foreclosure proceeding, a judgment debtor (i.e., the property owner) has 140 days <br /> from the date of service of the notice of levy in which to redeem the property to be sold and <br /> may have other redemption rights afforded by law. If a judgment debtor fails to so redeem <br /> and the property is sold, his only remedy is an action to set aside the sale, which must be <br /> brought within 90 days of the date of sale if the purchaser at the sale was the judgment <br /> -32- <br />