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200702327
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Last modified
3/26/2007 3:46:30 PM
Creation date
3/26/2007 3:46:28 PM
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DEEDS
Inst Number
200702327
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<br />200702327 <br /> <br />7 <br /> <br />agreement granting a security interest in the Project, and that, notwithstanding a foreclosure <br />or transfer of title pursuant to any other instrument or agreement, the restrictive covenants <br />and provisions hereunder shall remain in full force and effect. <br /> <br />15. Third-Party Enforcement. In the event of a breach or threatened breach of <br />any of the provisions of this Agreement in any material respect, and after giving notice and <br />a reasonable opportunity to cure, the following individuals and groups may institute proper <br />legal action to enforce performance of this agreement, to enjoin any conduct in violation of <br />this agreement, to recover damages (including refunds, with interest, on rent overcharges) <br />and reasonable attorneys' fees and/or to obtain whatever other relief may be appropriate: a <br />tenant of the property that is the subject of this Agreement, and any organization <br />representing these tenants, or an applicant for occupancy, class of such eligible tenants <br />and/or applicants, organizations representing project tenants, the Affected Unit of Local <br />Government, the Participating Administrative Entity that was responsible for restructuring <br />the property pursuant to the Multifamily Assisted Housing Reform and Affordability Act of <br />1997 (MAHRA), and/or the Secretary, or his or her successors or assigns, may institute <br />proper legal action to enforce performance of such provisions, to enjoin any conduct in <br />violation of such provisions, to recover damages (including refunds, with interest, on rent <br />overcharges) and reasonable attorneys' fees and/or to obtain whatever other relief may be <br />appropriate. <br /> <br />16. Subsequent Modifications and Statutory Amendments. The Secretary may <br />implement modifications necessitated by any subsequent statutory amendment without the <br />consent of any other party, including those having the right of enforcement. The Secretary <br />or his or her successors or assigns may also modifY this Agreement, without consent of any <br />other party, including those having the right of enforcement, to require that any third party <br />obtain prior HUD approval for any enforcement action concerning preexisting or future <br />violations ofthe Use Agreement. <br /> <br />17. Other Agreements. The Owner represents and warrants that it has not and will <br />not execute any other agreements with provisions contradictory or in opposition to the <br />provisions of this Agreement and that, in any event, the provisions of this Agreement are <br />paramount and controlling as to the rights and obligations set forth herein and supersede any <br />other conflicting requirements. <br /> <br />18. Binding Effect. Upon conveyance of the Property during the Term, the Owner <br />shall require its successor or assignee to assume its obligations under this Agreement. In <br />any event, this Agreement shall be binding upon and shall inure to the benefit of the parties <br />hereto and their respective successors and/or assigns. <br /> <br />19. Amendment. Notwithstanding paragraph 16, this Agreement may not be <br /> <br />M2M Use Agmt 09-15-04 <br />
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