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c. OCHLT acknowledges that the primary purpose for requiring compliance by OCHLT <br />with restrictions provided in this Declaration is to assure compliance with the long term <br />affordability requirements of the HOME Investment Partnership Program, AND BY REASON <br />THEREOF, OCHLT, IN CONSIDERATION FOR RECEIVING HOME INVESTMENT <br />PARTNERSHIP PROGRAM FUNDS FOR THE PROPERTY, HEREBY AGREES AND <br />CONSENTS THAT THE COUNTY SHALL BE ENTITLED, FOR ANY BREACH OF THE <br />PROVISIONS HEREIN, AND IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY <br />LAW OR IN EQUITY, TO ENFORCE BY SPECIFIC PERFORMANCE OCHLT'S <br />OBLIGATIONS UNDER THIS DECLARATION IN A STATE COURT OF COMPETENT <br />JURISDICTION, WITH VENUE IN ORANGE COUNTY. OCHLT hereby further specifically <br />acknowledges that the beneficiaries of OCHLT's obligations hereunder cannot be adequately <br />compensated by monetary damages in the event of any default hereunder. If legal costs are <br />incurred by the County, such legal costs, including attorney fees and court costs (including costs <br />of appeal), are the responsibility of, and maybe recovered from the OCHLT. <br />SECTION 5 MISCELLANEOUS <br />a. Severability. The invalidity of any clause, part, or provision of this Declaration shall not <br />affect the validity of the remaining portions thereof. <br />b. Notices. Any Notice shall be in writing and shall be given by depositing the same in <br />the United States mail, post-paid and registered or certified, and addressed to the party to be <br />notified, with return-receipt requested, or by delivering the same in person to an officer or <br />principal of such party. Notice deposited in the mail in the manner herein above described shall <br />be effective upon mailing. For purposes of Notice, the addresses of the parties shall, unless <br />changed as hereinafter provided, be as follows: <br />i. To the County: Orange County <br />c/o Housing and Community Development Department <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />ATTN: Director <br />ii. To Declarant: To OCHLT: <br />Orange Community Housing and Land Trust <br />P.O. Box 307 <br />Carrboro, NC 27510 <br />ATTN: Executive Director <br />c. Governing Law. This Declaration shall be governed by the laws of the State of <br />North Carolina and, where applicable, the laws of the United States of America. <br />IN WITNESS WHEREOF, OCHLT has caused this Declaration to be signed by its duly <br />authorized representative, on the day and year first above written. <br />[SIGNATURES APPEAR ON FOLLOWING PAGE] <br />14 <br />