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7 <br />restrictions provided in this Declaration is to assure compliance with the affordability <br />requirements of Orange County, AND BY REASON THEREOF, OWNER IN <br />CONSIDERATION FOR RECEIVING AFFORDABLE HOUSING BOND PROGRAM <br />FUNDS FOR THE PROPERTY HEREBY AGREES AND CONSENTS THAT ORANGE <br />COUNTY SHALL BE ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREIN, <br />AND IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, <br />TO ENFORCE BY SPECIFIC PERFORMANCE OWNER’S OBLIGATIONS UNDER THIS <br />DECLARATION IN A STATE COURT OF COMPETENT JURISDICTION, WITH VENUE <br />IN ORANGE COUNTY. Owner hereby further specifically acknowledges that the beneficiaries <br />of Owner's obligations hereunder cannot be adequately compensated by monetary damages in <br />the event of any default hereunder. <br /> <br />E. This Declaration may be enforced by Orange County or its designee in the event Owner fails to <br />satisfy any of the requirements of this Declaration by proceedings at law or in equity against <br />any person or persons violating or attempting to violate any covenant. If legal costs are incurred <br />by Orange County, such legal costs, including attorney fees and court costs (including costs of <br />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 not <br />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 in the <br />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 <br />shall be effective upon mailing. For purposes of notice, the addresses of the parties shall, <br />unless changed as hereinafter provided, be as follows: <br /> <br /> i. To the County: Orange County <br />c/o Housing and Community Development <br />Department <br /> P.O. Box 8181 <br /> Hillsborough, NC 27278 <br /> ATTN: Director <br /> <br />ii. To Owner: Merritt Mill Apartments, LLC <br /> PO Box 124545 <br /> Raleigh, NC 27605 <br /> ATTN: <br /> <br />C. Governing Law. This Declaration shall be governed by the laws of the State of North <br />DocuSign Envelope ID: C902EFF9-56ED-450F-9212-1E71966C673A