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5 <br />assisted housing units by having recorded, no later than the time it leases the first of the <br />housing units, a "Declaration of Restrictive Covenants" on the Property, the form of which is <br />attached as Exhibit D to this Agreement. To further assure compliance with the affordability <br />requirements the Ground Lease shall be made an attachment to the Declaration of Restrictive <br />Covenants and recorded therewith. All other security documents should be recorded <br />thereafter. <br />This Declaration shall constitute and remain a first lien on the Property during the period of <br />affordability, unless otherwise provided by law or unless otherwise agreed by County. <br />It is further the responsibility of CHT to rerecord the Declaration of Restrictive Covenants no <br />later than one day before the expiration of 30 years of the date of its lease of each of the <br />housing units in the event the homeowner leasing the housing unit from CHT is still the owner <br />of the housing unit at the time of the rerecording. County retains the right to periodically and <br />every 30 years after the first recording of the Declaration of Restrictive Covenants to register, <br />with the Register of Deeds of Orange County, a notice of preservation of the restrictive <br />covenants on the Property as provided in North Carolina General Statute § 4713-4 or any <br />comparable preservation law in effect at the time of the recording of the notice of preservation. <br />It is the intent of this Section of this Agreement that the 99 year affordability requirement <br />contained herein be accomplished and that CHT and the County will do what is necessary to <br />ensure that the same is not extinguished by the Real Property Marketable Title Act or any <br />comparable law purporting to extinguish, by the passage of time, non possessory interests in <br />real property. CHT and the County agree to do what each must do to accomplish the 99 year <br />affordability requirement. <br />12. RESALE PROVISIONS. CHT shall assure compliance with long term affordability of <br />assisted housing units as provided for in the Ground Lease, which Ground Lease shall, as to <br />resale provisions, remain in substantially the form of the current version of the Ground Lease, <br />a copy of which is an exhibit to the Declaration of Restrictive Covenants, for at least 99 years. <br />13. CHT PERFORMANCE UNDER THIS AGREEMENT <br />A. CHT agrees and authorizes the County to conduct on-site reviews, examine client and <br />contractor records, client applications and to conduct any other procedures or practices to <br />assure compliance with these provisions. <br />B. CHT agrees to not violate any State or Federal laws, rules or regulations regarding a direct <br />or indirect illegal interest on the part of any employee or elected official of CHT in the <br />Project or payments made pursuant to this Agreement. <br />C. CHT agrees that to the best of its knowledge, neither the Project nor the funds provided <br />therefore, and the personnel employed in the administration of the program shall be in any <br />way or to any extent engaged in the conduct of political activities in contravention of <br />Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. <br />DocuSign Envelope ID: BDBF6EEB-BEEA-472C-85F1-0820A6F699C3