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DocuSign Envelope ID:847BA5A1-CA01-4305-A31D-3C3DABB304E8 <br /> 1. During the HOME Affordability Period of years, and subject to the requirements <br /> of the DEVELOPMENT AGREEMENT between Habitat and County dated <br /> , which is hereby incorporated by reference and made a part of this <br /> Declaration, and the HOME Investment Partnership Program and this Declaration, <br /> Owner may sell, transfer, or exchange the Property to a qualified low-income buyer; <br /> provided, however, Owner shall obtain the written agreement, in form satisfactory to <br /> Orange County, of any buyer or successor or other person acquiring the Property or <br /> any interest therein, that such acquisition is subject to the requirements of this <br /> Declaration and to the requirements of the DEVELOPMENT AGREEMENT and the <br /> HOME INVESTEMENT PARTNERSHIP PROGRAM. Owner agrees that County <br /> may void any sale,transfer, or exchange of the Property or any portion of this Property <br /> if the buyer or successor or other person fails to assume in writing the requirements of <br /> this Declaration and the requirements of the DEVELOPMENT AGREEMENT and the <br /> HOME INVESTMENT PARTNERSHIP PROGRAM. A copy of the <br /> DEVELOPMENT AGREEMENT is on file with the Office of the Clerk to the Orange <br /> County Board of County Commissioners. Upon expiration of the HOME Affordability <br /> Period and prior to expiration of the ninety-nine (99) years from Project Completion, <br /> Owner may sell, transfer, or exchange the Property to a Qualified Buyer as defined in <br /> the County's Long-Term Affordability Policy or to a non-profit fund, foundation, or <br /> corporation of like purpose which is organized and operated exclusively for charitable <br /> and educational purposes and which has established its tax exempt status under Section <br /> 501 (c)(3) of the Internal Revenue Code, or to Orange County; provided, however, <br /> Owner shall obtain the written agreement, in form satisfactory to Orange County, of <br /> any buyer or successor or other person acquiring the Property or any interest therein, <br /> that such acquisition is subject to the requirements of this Declaration and to the <br /> requirements of the County's Long-Term Affordability Policy. <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 /> B. 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 /> C. 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 /> SECTION 2 TERM OF DECLARATION <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 HOME <br /> 18 <br />