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202403568
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Last modified
7/30/2024 12:27:49 PM
Creation date
7/30/2024 12:27:42 PM
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DEEDS
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202403568
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202403563 <br />Section 7. Covenants Run With the Project Site. The Owner hereby <br />declares its express intent that the covenants, restrictions, charges and easements <br />set forth herein shall be deemed covenants running with the Project Site and shall <br />pass to and be binding upon the Owner's successors in title including any purchaser, <br />grantee, owner or lessee of any portion of the Project and any other person or entity <br />having any right, title or interest therein and upon the respective heirs, executors, <br />administrators, devisees, successors and assigns of any purchaser, grantee, owner <br />or lessee of any portion of the Project and any other person or entity having any <br />right, title or interest therein. Each and every contract, deed or other instrument <br />hereafter executed covering or conveying the Project or any portion thereof or <br />interest therein shall contain an express provision making such conveyance subject <br />to the covenants, restrictions, charges and easements contained herein; provided, <br />however, that any such contract, deed or other instrument shall conclusively be held <br />to have been executed, delivered and accepted subject to such covenants, <br />regardless of whether or not such covenants are set forth or incorporated by <br />reference in such contract, deed or other instrument. <br />Section 8. Uniformity; Common Plan. The provisions of this Agreement <br />shall apply uniformly to the entire Project to establish and carry out a common plan <br />for the use, development and improvement of the Project Site. <br />Section 9. Remedies; Enforceability. In the event of a violation or <br />attempted violation of any of the provisions of this Agreement, any one or more of <br />the following may institute and prosecute any proceeding at law or in equity to <br />abate, prevent or enjoin any such violation or attempted violation, or to recover <br />monetary damages caused by such violation or attempted violation: (a) the <br />Authority or any governmental entity succeeding to the Authority's functions, or (b) <br />any individual who meets the income limitation applicable under Section 42 of the <br />Code (whether prospective, present or former occupant). The provisions of this <br />Agreement are imposed upon and made applicable to the Project and shall run with <br />the Project Site and shall be enforceable against the Owner and each purchaser, <br />grantee, owner or lessee of the Project or any portion thereof or interest therein, at <br />any time and from time to time, and the respective heirs, legal representatives, <br />successors and assigns of the Owner and each such purchaser, grantee, owner or <br />lessee. No delay in enforcing the provisions of this Agreement as to any breach or <br />violation shall impair, damage or waive the right of any party entitled to enforce the <br />same or obtain relief against or recover for the continuation or repetition of such <br />breach or violation of any similar breach or violation thereof at any later time or <br />times. In addition, if any violation of this Agreement is not corrected on a timely <br />basis, the Authority may impose quarterly reporting responsibilities pertaining to <br />17 <br />Final 12/21 <br />
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