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<br />23 <br /> <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 Orange County Home Investment Partnership Program, <br />AND BY REASON THEREOF, OWNER IN CONSIDERATION FOR RECEIVING <br />ORANGE 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 /> <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 /> <br />SECTION 6 MISCELLANEOUS <br /> <br />a. Severability. The invalidity of any clause, part, or provision of this Declaration shall <br />not affect the validity of the remaining portions thereof. <br /> <br />b. Notices. Any Notice shall be in writing and shall be given by depositing the same <br />in 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 /> <br /> i. To Orange County: Orange County <br /> c/o Housing and Community <br /> Development Department <br /> P.O. Box 8181 <br /> Hillsborough, NC 27278 <br /> ATTN: Director <br /> <br /> ii. To : EmPOWERment, Inc.: EmPOWERment, Inc. <br />109 N. Graham Street <br />Chapel Hill, NC 27516 <br /> <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 />DocuSign Envelope ID: 26C611FC-889B-477B-8950-766E41A4752D