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grant application is incorporated herein by reference, hereafter <br />referred to as the CDBG Grant Application.. <br />ARTICLE TWO <br />Upon the purchase by Whitted Forest of the Property, HAHC <br />further agrees to construct on the Property no fewer than 35 units <br />for low and moderate income families meeting all applicable legal <br />requirements. With prior approval from ECD, this commitment may <br />be partially waived by County if failure to meet the commitment is <br />determined to be due to events beyond the control of HAHC, which <br />events may include, -but. are not limited to, an unfavorable, <br />unforeseeable occurrence of severe economic conditions and where <br />such waiver will not substantially affect the project as described <br />in the application. <br />ARTICLE THREE <br />County agrees to execute its responsibilities as defined in <br />the CDBG Grant Application and within the times set forth therein. <br />ARTICLE FODR <br />HAHC agrees to provide County with certificates of title and <br />title insurance certifying that Orange County has a lien on the <br />Property junior only to (1) current year's property taxes that are <br />not yet due, (2) the lien securing the construction loan from <br />General Credit Corporation and, (3) upon the release of this <br />construction loan lien, the lien that will secure the permanent <br />financing ( "permanent loan ") -of the Whitted Forest development <br />which permanent loan will be obtained from Central Carolina Bank <br />and Trust. HAHC further agrees to repay County the $250,000 loan <br />3 <br />