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12 <br /> <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants, promises, and <br />representations contained herein, it is agreed between the parties hereto as follows: <br /> <br />SECTION 1 REPRESENTATIONS, COVENANTS AND WARRANTIES OF OWNER <br /> <br />CHT hereby represents, covenants and warrants as follows: <br /> <br />a. Subject to the requirements of the GRANT AGREEMENT, an unsigned copy of which <br />is ATTACHMENT B hereto, and this Declaration, CHT may sell, transfer, or exchange the <br />Property to a non-profit fund, foundation, or corporation of like purpose which is organized and <br />operated exclusively for charitable and educational purposes and which has established its tax <br />exempt status under Section 501(c)(3) of the Internal Revenue Code, or to the County, but <br />Owner shall notify in writing and obtain the agreement of any buyer or successor or other <br />person acquiring the Property or any interest therein, that such acquisition is subject to the <br />requirements of this Declaration and to the requirements of the GRANT AGREEMENT and the <br />Federal HOME Investment Partnership Program. CHT agrees that County may void any sale, <br />transfer, or exchange of the Property or any portion of the Property if the buyer or successor or <br />other person fails to assume in writing the requirements of this Declaration and the requirements <br />of the GRANT AGREEMENT. <br /> <br />b. Contemporaneously with the execution, delivery and recording of this Declaration, CHT <br />will acquire good and marketable title to the Property, free and cl ear of any lien or encumbrance <br />(except encumbrances created pursuant to this Declaration or other encumbrances permitted by <br />Orange County). <br /> <br />c. CHT warrants that it will not accept title to the Property subject to and will not execute <br />any other declaration with provisions contradictory to, or in opposition to, the provisions hereof, <br />and that in any event, the requirements of this Declaration are paramount and controlling as to <br />the rights and obligations herein set forth and supersede any other requirements in conflict <br />herewith. <br /> <br />SECTION 2 TERM OF DECLARATION <br /> <br />a. This Declaration (and the terms of affordability specified herein) applies to the Property <br />immediately upon the recordation of this Declaration. CHT and all subsequent owners of the <br />Property shall comply with all covenants herein. This Declaration shall terminate ninety-nine <br />years after the Project completion date as specified in the GRANT AGREEMENT. <br /> <br />SECTION 3 RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND <br /> <br />a. CHT shall cause this declaration and all amendments hereto to be recorded and filed in <br />the Office of the Register of Deeds of Orange County upon its execution. CHT shall pay all fees <br />and charges incurred in connection therewith. <br /> <br />b. CHT intends, declares and covenants, on behalf of itself and all future owners of the <br />DocuSign Envelope ID: 1C608BEC-B713-4BE4-9E53-CD92D598627F