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~I--•.~573~ <br />HUa.b2C98 <br />(9.69) <br />similar lien instrument, it proposes to enter into with respect to the <br />Property, or any part thereof, and in any event it shall promptly notify <br />Ilse Agency of any encumbrance or lien that has been created on ar attached <br />to the Property, whether by voluntary act of the Redeveloper or otherwise. <br />For the purposes of such mortgage financing as may be made pursuant to the <br />Agreement, the Property may, at the option of the Redeveloper (or successor <br />in interest), be divided into several parts or parcels, provided that such <br />subdivision, in the opinion of the Agency, is not inconsistent with the <br />purposes of the Urban Renewal Plan and the Agreement and is approved iu <br />writing by the Agency. <br />SEC. 602. •Mortgagee Not Obligated To Construct. Notwithstanding any <br />of the provisions ci the Agreement, including but not limited to those <br />which are or are intended to be covenants running with the land, the holder <br />of any mortgage authorized by the Agreement (including any such holder who <br />obtains title to the Property or any part thereof as a result of <br />foreclosure proceedings, or action in lieu thereof, but not including (a) <br />any other party who thereafter obtains title to the Property or such part <br />from or through such holden or (b) any other purchaser at foreclosure sale <br />other than the holder of the mortgage itself) shall in no wise be obligated <br />by the provisions of the Agreement to construct or complete the Improvements <br />or to guarantee such construction or completion; nor shall any covenant or <br />any other provision in the Beed be construed to so obligate such holder: <br />Provided, That nothing in this Section or any other Section or provision of <br />the Agreement shall be deemed or construed t.o permit or authorize any such <br />holder to devote the Property or spy gart thereof to any uses, or to <br />construct any improvements thereon, other than those uses or improvements <br />grovided or permitted is the i7rban Renewal Plan and in the Agreement. <br />SEC. 603. Copy of Notice of Befault to Mortgagee. Whenever the Agency <br />shall deliver any notice or de.~nand to the Redeveloper with respect to any <br />breach or default by the Redeveloper in its obligations or covenants under <br />the Agreement, the Agency shall at the same time forward a copy of such <br />notice or demand to each holder of any mortgage authorized by the Agreement <br />at the last address of such holder shown in the records of the Agency. <br />SEC. 60~. Mort= e's tiara To Cure llefauits. After any breach or <br />default referred to in S•:ction Q3 hereof, each such holder shall {insofar <br />as the rights of the Agency arE concerned) has-e the right, at its option, <br />to-cure or remedy such breach or default (or such breach or defeuit to the <br />extent that it relates to the gart of the Property covered by its mortgage) <br />and to ado lira cost thereof to rise mortgage debt and the lien oz its <br />mortgage: Provided, That ii the breach or default is with respect to <br />construction of the Improvements, nothing contained in this Section or any <br />other Section of the Agreement shall be deemed to permit or authorize such <br />balder, either before or after foreclosure or action in lieu thereof, to <br />undertake or continue the construction or completion of the Improvements <br />(beyond the extent necessary to conserve or protect Improvements or <br />construction already made) without first having expressly assumed the <br />obligation to the Agency, by written agreement satisfactory to the Agency, <br />to complete, in the manner provided in the Agreement, the Imgroveroents on <br />- 12 <br />