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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 Orange County and the Orange County Home Investment Partnership Program, <br /> AND BY REASON THEREOF, OWNER IN CONSIDERATION FOR RECEIVING ORANGE <br /> COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR THE <br /> PROPERTY HEREBY AGREES AND CONSENTS THAT ORANGE COUNTY SHALL BE <br /> ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREIN, AND IN ADDITION TO <br /> ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE BY <br /> SPECIFIC PERFORMANCE OWNER'S OBLIGATIONS UNDER THIS DECLARATION IN <br /> A STATE COURT OF COMPETENT JURISDICTION, WITH VENUE IN ORANGE <br /> COUNTY. Owner hereby further specifically acknowledges that the beneficiaries of Owner's <br /> obligations hereunder cannot be adequately compensated by monetary damages in the event of <br /> 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. 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 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 Orange County: Orange County <br /> c/o Housing/Community Development Department <br /> P.O. Box 8181 <br /> Hillsborough,NC 27278 <br /> ATTN: Director <br /> ii. To : EmPOWERment, Inc.: EmPOWERment, Inc., Inc <br /> 109 N. Graham Street <br /> Chapel Hill,NC 27516 <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 /> Declaration of Restrictive Covenants <br /> Page 6 <br />