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DocuSign Envelope ID:758215CF-OA18-45F8-8807-AB9OF35D5BA2 <br /> shall the borrower be required to use funds other than net proceeds to repay the <br /> HOME Funds. <br /> 4. The recapture provisions shall remain in effect for the full affordability period — 99 <br /> years. <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 Orange County or of the HOME <br /> Investment Partnership Program. Orange County, together with Owner, may execute and <br /> record any amendment or modification of this Declaration and such amendment or <br /> modification shall be binding on third 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 Orange County and the HOME Investment Partnership Program, AND BY <br /> REASON THEREOF, OWNER IN CONSIDERATION FOR RECEIVING HOME <br /> INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR THE PROPERTY HEREBY <br /> AGREES AND CONSENTS THAT ORANGE COUNTY SHALL BE ENTITLED, FOR <br /> ANY BREACH OF THE 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 <br /> 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 <br /> of any default hereunder. <br /> E. This Declaration may be enforced by Orange County or its designee in the event Owner fails <br /> 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 <br /> are incurred by Orange County, such legal costs, including attorney fees and court costs <br /> (including 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 the <br /> 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 <br /> described shall be effective upon mailing. For purposes of Notice, the addresses of the <br /> parties shall,unless changed as hereinafter provided, be as follows: <br /> i. To the County: Orange County <br /> 20 <br />