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2018-725-E Housing - Community Home Trust development agreement Lexes Trail
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2018-725-E Housing - Community Home Trust development agreement Lexes Trail
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Last modified
11/14/2018 11:49:13 AM
Creation date
11/6/2018 3:16:25 PM
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Contract
Date
11/5/2018
Contract Starting Date
11/5/2018
Contract Ending Date
11/4/2117
Contract Document Type
Agreement
Amount
$18,000.00
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R 2018-725 Housing - Community Home Trust development agreement Lexes Trail
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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<br /> 14.8 CAPTIONS AND TABLE OF CONTENTS: The captions and table of contents <br />appearing in this Lease are for convenience only, and are not a part of this Lease and do not in <br />any way limit or amplify the terms or conditions of this Lease. <br /> <br /> 14.9 PARTIES BOUND: This Lease sets forth the entire agreement between Lessor and <br />Lessee with respect to the leasing of the Leased Premises. It is binding upon and inures to the <br />benefit of these parties and, in accordance with the provisions of this Lease, their respective <br />successors in interest, each of whom will be a third party beneficiary of the Lease entitled to rely <br />upon and enforce its provisions. This Lease may be altered or amended only by written notice <br />executed by Lessor and Lessee or their legal representatives or, in accordance with the <br />provisions of this Lease, their successors in interest. However, as long as the Lessee’s interest in <br />the Leased Premises is encumbered by a Permitted Mortgage: <br /> (a) There will be no modification of this Lease without the written approval of the <br />Permitted Mortgagee, which approval will not be unreasonably withheld or delayed. The <br />passage of thirty days after submittal to a Permitted Mortgagee of a proposed Lease amendment <br />without approval or disapproval by the Permitted Mortgagee will be deemed approval thereof. <br /> (b) Unless (i) the Lessee is in default under the terms of this Lease, (ii) the Lessor has <br />notified the Lessee and the Permitted Mortgagee of the default as required in this Lease, and (iii) <br />the default has not been cured within the applicable cure period, there will be no termination, <br />surrender or forfeiture of this Lease or the Leased Premises without the written approval of the <br />Permitted Mortgagee. The passage of thirty days after submittal to a Permitted Mortgagee of <br />notice of intention to terminate the Lease without approval or disapproval by the Permitted <br />Mortgagee will be deemed approval thereof. <br /> <br /> 14.10 GOVERNING LAW: This Lease will be interpreted in accordance with and <br />governed by the laws of North Carolina. The language in all parts of this Lease will be, in all <br />cases, construed according to its fair meaning and not strictly for or against Lessor or Lessee. <br /> <br /> 14.11 RECORDING: The parties agree to execute a Memorandum of Lease. The <br />Memorandum of Lease will not set forth the rent or other charges payable by Lessee under this <br />Lease and will the expressly state that it is executed pursuant to the provisions contained in this <br />Lease, and is not intended to vary the terms and conditions of this Lease. <br /> <br /> 14.12 DISCLOSURE OF INFORMATION: Lessor and its successors in interest may <br />disclose information concerning Lessee and this Lease to any Permitted Mortgagee, to any <br />prospective Permitted Mortgagee, to their respective successors in interest, and to their <br />respective agents and employees. Any Permitted Mortgagee and its successors in interest may <br />disclose information concerning Lessee, this Lease, and any Permitted Mortgage to Lessor, to <br />Lessor’s successors in interest, and to their respective agents and employees. <br /> <br /> <br /> <br />IN WITNESS WHEREOF, the parties have executed this lease at Chapel Hill, NC, on the day <br />and year first above written. <br /> <br />DocuSign Envelope ID: 1C608BEC-B713-4BE4-9E53-CD92D598627F
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