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201007$b2
<br />15. �rantor cov�nants and agrees that so long as this Recapture Deed o� Trust and the
<br />said 1b02 Agreement secuared her�by are held by the Authority, it will comply with the
<br />pxovisipn(s) of any federal, state pr locaX law prohibiting discrimination in housing on the
<br />grouads of race, color, creed, age, sex, handicap, familial status or z�tional origin, imcluding
<br />Title VT of the Civil Rights Act of 1.964 (42 U.S.C. 200d-1), tb,e Fair Housing Act (42 U.S.C.
<br />3601), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Age Dis�rimix�ation Act of
<br />1975 (42 U.S.C. 6101), Executive Orders 11063 and 11246, Section 3 afthe Housing and Urban
<br />Development Act o£ 1968, and the affirmative fair housing marketing requirements at 24 CFR
<br />part 20q, subpart M.
<br />ld. In the event Cnantor shall sell or transfer, whether voluntarily or involuntazily, ar
<br />contract to sell or transfer, the Premises, (other than pwrsuant to the Right of First Refusal
<br />grant�d to MOSAIC) or any part thereo�, or further encumber the Premis�s, without first
<br />obtauuing the written conse�t of the Authority, which can�sent sliall not be wxreasanably
<br />withheld, an Event of Default by G�rantor shall have occurred hereunder, and the Authority may
<br />declare the unpaid balance of principal and interest that shall then remain wapaid an the
<br />obligation secur�d by this Recapture Deed of Trust, and all nther amounts rema.ining unpaid
<br />under the 1602 Agreemen� and this Recapture Deed of Trust �immediately due and payable_
<br />Upon such an Event of Default, the Authority sha11 have the xight, at its option, to iuvnke any
<br />and all of the remedies provided in this Recapture Deed of Tnxst, the 1602 Agreement or any
<br />other 1602 Documents.
<br />1'1. In the event af any dissalution of Grantor or transfer af any ownership interest in
<br />Grantar, without first obtainin� the written cons�nt of the Authority, which consent shall not be
<br />unreasonably withheld, an Event of Default by Grantor shall have occurred hereunder and t�te
<br />Authority may declare the Subaward plus any interest that shall then remain unpaid on the
<br />obligation secured by this Recapture Decd of Trust, and all other amounts re���+rig unpaid
<br />under the 1602 Agreement and this Recapture Deed of Trust immediately due and p�yable.
<br />Upon such an Event of Default, the Authority shall have the right, at its option, to invoke any
<br />and all of the remedies prnvided in tlus Recapture Deed of Trust, 1602 Agreement or any other
<br />1602 Documents. Notwit.�standing the fQregoing, any transfer of a membe�rship interest in
<br />Grantor as p�rmitted by Grantor's First Amended and Restated Operating Agreement shall nat
<br />require the consen.t of the Authority nor shall such transfer result in an Event of Default
<br />hereunder, provided the Autllority is given prior written notice of such transfer.
<br />x 8. The funds to be advanced herein aze to be used in the construction Qr
<br />rehabilitatian of certain improvements an the lands herein described, in accordance with a 1602
<br />Agreement and if the canstruction of the improvements to be made pursuant to said 1602
<br />Agrecm�nt shall nat be cazried an with reasonable diligence, or shall be discontinued at any time
<br />for a period o� ten (10) consecutive days for any reason other than stn�s or lock-outs, the
<br />Autharity, a$er due notic� to Grantor ar az�y subsequent owx�er, is hcreby invested with full and
<br />complete autharity to enter upon said Premises, employ watchmen ta proteet such improvements
<br />from depredation or injury and to preserve and protect the personal praperiy therein, and to
<br />conpnu� any and all outstanding contracts �or the er�ction and completion of said buildings, to
<br />make and enter inta any contract and obligations wherever necessary, either in his/her own name
<br />iz
<br />Racapture Deed of Trust and Security Agreement
<br />4840-6755-9942.2
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