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E~chibit B <br />C. Owner covenants that it will not knowingly take or permit any action that would result in <br />a violation of the afFordability requirements of the Federal HOME Investrnent Partnership <br />Program. Orange County, together with Owner, may execute and record any amendment or <br />modification of this Declaration and such amendment or modification shall be binding on third <br />parties granted rights under this Declaration. <br />D. Owner acknowledges that the primary purpose for requiring compliance by Owner with <br />restrictions provided in this Declaration is to assure compliance with the affordability <br />requirements of the Orange County Federal HOME Investment Partnership Program, AND BY <br />REASON THEREOF, OWNER IN CONSIDERATION FOR RECEIVING FEDERAL HOME <br />INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR THE PROPERTY HEREBY <br />AGREES AND CONSENTS THAT ORANGE COUNTY SHALL BE ENTITLED, FOR ANY <br />BREACH OF T'HE PROVISIONS HEREIN, AND IN ADDITION TO ALL OTHER <br />REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE BY SPECIFIC <br />PERFORMANCE OWNER' S OBLIGATIONS UNDER THIS DECLARATION IN A STATE <br />COURT OF COMPETENT JURISDICTION, WITH VENUE IN OR.ANGE COiJNTY. Owner <br />hereby further specifically acknowledges that the beneficiaries of Owner's obligations hereunder <br />cannot be adequately compensated by monetary damages in the event of any default hereunder. <br />E. This Declaration may be enforced by Orange County or its designee in the event Owner <br />fails to satisfy any of the requirements of this Declaration by proceedings at law or in equity <br />against any person or persons violating or attempting to violate any covenant. If legal costs are <br />incurred by Orange County, such legal costs, including attorney fees and court costs (including <br />costs of appeal), are the responsibility of, and may be recovered from the Owner. <br />SECTION 6 MISCELLANEOUS <br />a. Severabilitv. The invalidity of any clause, part, or provision of this Declaration shall not <br />affect the validity of the remaining portions thereof. <br />b. No ' e Any Notice shall be in writing and shall be given by depositing the same <br />in 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 hereinabove 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 />Declararion of Restrictive Covenants <br />Page 5 <br />