Orange County NC Website
15 <br />the affordable housing owner shall receive a duplicate original counterpart of the document by <br />which such assignment or reassignment is made disclosing the name and address of each such <br />assignee. <br />8.04 Amendments. No term ar provision of this Agreement may be amended, modified <br />or waived without the prior written consent of the affordable housing owner and the County. <br />8.05 No Marshalling. The affordable housing owner hereby waives any and all rights to <br />require marshalling of assets in connection with the exercise of any remedies provided in this <br />Agreement or as permitted by law. <br />8.06 Governing Law. The affordable housing owner, the County and the Deed of Trust <br />Trustee intend that State law shall govern this Agreement. <br />8.07 Liability of Officers,,and Agents. No officer, agent ar employee of the affordable <br />housing owner shall be subject to any personal liability or accountability by reason of the execution <br />of this Agreement or any other documents related to the transactions contemplated hereby. Such <br />officers or agents shall be deemed to execute such documents in their official capacities only, and <br />not in their individual capacities. This Section shall not relieve an officer, agent or employee of the <br />affordable housing owner from the per#'armance of any official duty provided by law. <br />$.08 Covenants Running with,,., the Land. All covenants contained in this Agreement <br />shall run with the real estate encumbered by this Agreement. <br />8.09 Severability. If any provision of this Agreement shall be determined to be <br />unenforceable, that shall not affect any other provision of this Agreement. <br />8.10 Non-Business ,Davs. If the date for making any payment or the last day for <br />performance of any act or the exercising of any right shall not be a Business Day, such payment <br />shall be made or act performed or right exercised on or before the next preceding Business Day. <br />8.11 Entire Agreement. This Agreement constitutes the affordable housing owner's <br />entire agreement with respect to the general subject matter covered hereby. <br />8.12 Bindin Effect. Subject to the specific provisions of this Agreement, and in <br />particular Section 8.03, this Agreement shall be binding upon and inure to the benefit of and be <br />enforceable by the parties and their respective successors and assigns. <br />IN WITNESS WHEREOF, Borrower has caused this instrument to be executed as of the day <br />and year first above written by duly authorized officers. <br />(SEAL) <br />is <br />