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17 <br /> <br />buyer or successor or other person fails to assume in writing the requirements of this <br />Declaration and the requirements of the DEVELOPMENT AGREEMENT. <br /> <br />2. Any assignment, sale, transfer, conveyance or other disposition of the Property or any <br />part of the Property other than as described in subparagraph 1 above, whether voluntary <br />or involuntary or by operation of law shall be subject to the provisions of SECTION 4 <br />of this Declaration. <br /> <br />c. Owner will, at the time of execution, delivery and recording of this Declaration, have good <br />and marketable title to the Property, free and clear of any lien or encumbrance (except <br />encumbrances created pursuant to this Declaration or other permitted encumbrances). <br />d. Owner warrants that it has not and will not execute any other declaration with provisions <br />contradictory to, or in opposition to, the provisions hereof, and that in any event, the <br />requirements of this Declaration are paramount and controlling as to the rights and <br />obligations herein set forth and supersede any other requirements in conflict herewith. <br /> <br />SECTION 2 TERM OF DECLARATION <br /> <br />This Declaration, and the Terms of Affordability specified herein, apply to the Property <br />immediately upon recordation, and Owner shall comply with all restrictive covenants herein. This <br />declaration shall terminate ninety-nine (99) years after Project Completion, unless Orange County <br />Long Term Housing Affordability Policy affordability restrictions are terminated due to the sale <br />of the Property to a non-qualified buyer as provided herein and Orange County agrees to <br />termination of the Declaration. <br /> <br /> <br />SECTION 3 RECORDING AND FILING; COVENANTS TO RUN WITH <br />THE LAND <br /> <br />a. Upon execution of this Declaration by Owner, Owner shall cause this declaration and all <br />amendments hereto to be recorded and filed in the Office of the Register of Deeds of <br />Orange County. <br /> <br />b. Owner intends, declares and covenants, on behalf of itself and all future Owners of the <br />Project during the term of this Declaration, that this Declaration and the covenants and <br />restrictions set forth in this Declaration regulating and restricting the use, occupancy and <br />transfer of the Property (1) shall be and are covenants running with the land, encumbering <br />the Property for the term of this declaration, binding upon Owner's successors in title and <br />all subsequent Owners of the Property; (2) are not merely personal covenants of Owner; <br />and (3) shall bind Owner (and the benefits shall inure to Orange County and any past, <br />present or prospective owner of the Property) and its respective successors and assigns <br />during the term of this Declaration. Owner hereby agrees that any and all requirements or <br />privileges of estate are intended to be satisfied, or in the alternate, that an equitable <br />servitude has been created to insure that these restrictions run with the Property. For the <br />term of this Declaration, each and every contract, deed or other instrument hereafter <br />executed conveying the Property or portion thereof shall expressly provide that such <br />DocuSign Envelope ID: FDEBA80C-B05F-4BF1-B91C-624A1EA2F697