�oi�o�s�s
<br />provision(s) of any federal, state or local law prohibiting discrimination in housing on the
<br />grounds of race, color, creed, age, sex, handicap, familial status or natianal origin, including
<br />Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20�d-1), the Fair Housing Act (42 U.5.C.
<br />3601), Section 504 of the Rehabilitatian Act of 1973 (29 U.S.C. 794), Age Discriminatian Act of
<br />1975 (42 U.S.C. 6101), Executive Orders 11063 and 11246, Sectian 3 ofthe Housing and Urban
<br />Development Act of 1968, and the aftirmative fair housing marketing requirements at 24 CFR
<br />part 200, subpart M.
<br />16. In the event Grantor shall sell or transfer, whether voluntarily or invaluntarily, or
<br />contract to sell or transfer, the Premises other than pursuant to a Right of First Refusal �ranted to
<br />Hausing Development Corporation, ar any part thereof, ar further encumber the Premises,
<br />without first obtaining the written consent of the Authority, which consent shall nat be
<br />unreasanably withheld, an Event af Default by Grantor shall have occurred hereunder, and the
<br />Authority may declare the unpaid Obligations secured by this Recapture Deed af Trust, and all
<br />other amounts remaining unpaid under Che 1602 Agreement and this Recapture Deed of Trust
<br />imm�diately due and payable. Upon such an Event of Default, the Authority shall have the right,
<br />at its option, to invoke any and all of the remedies provided in this Recapture Deed nf Trust, the
<br />1602 Agreement or any other 16p2 Documents.
<br />17. In the event of any dissolution of Grantor or transfer of any ownership interest in
<br />Grantor, without first obtaining the written consent of the Authority, which consent shall not be
<br />unreasonably withheld, an Event of Default by Grantor shall have occurred hereunder and the
<br />Authority may declare the unpaid Obligatians main secured by this Recapture De�d of Trust, and
<br />all other arnounts rernaining unpaid under the 1602 Agreement and this Recapture Deed of Trust
<br />immediately due and payable. Upon such an Event of Default, the Authority shall have the right,
<br />at its option, to invoke any and all of the remedies provided in this Recapture Deed of Trust,
<br />1602 Agreement or any other 1602 Docurnents. Notwithstanding the foregoin�, any transfer of
<br />membership interests in Grantor as permitted by Grantor's First Amended and Restated
<br />Operating A�reement shall not require the consent of the AuthoriCy nor shall such transfers result
<br />in an Event nf Default hereunder, provided the Authority is given prior written natice af such
<br />transfer.
<br />18. The funds to be advanced herein are to be used in the canstruction or
<br />rehabilitation of certain impravements on the lands herein described, in accordance with a 1602
<br />Agreement and if the construction of the improvements to be made pursuant to the 1602
<br />Agreement shall not be carried on with reasonable diligence, or shall be discontinued at any time
<br />for a period of ten (10) consecutive days for any reason other than strikes or lock-outs, the
<br />Authority, after due notice to Grantor or any subsequent owner, is hereby invested with full and
<br />complete authority to enter upon the Premises, employ watchmen to protect such improvements
<br />from depredation or injury and to presetve and protect the Personal Property therein, and to
<br />continue any and all outstanding contracts for Che erection and completion of the buildings, to
<br />make and enter into any contract and obligations wherever necessaty, either in his/her own name
<br />or in the name of the Grantor, and Co pay and discharge all debts, obligations, and liabilities
<br />incurred thereby. All such sums so advanced by the Authority (exclusive of portions of the
<br />principal of the Obligations secured thereby) shall be additionally secured by this Recapture
<br />Deed of Trust and shall be due and payable on demand with interest at the rate to be specified by
<br />12
<br />Recapture Deed of 7rust and Security Agreement
<br />4848-2546-7143.3
<br />
|