Orange County NC Website
dated <br />-,2024 <br />which is hcrcby incorp oratcd by rcfcrcncc and madc a panof this Declaration, and the HOME Investnrent Partncrship Prograrn and this <br />Declaration. Owner may scll, transfer, or cxchange the Properry to a qualified lorv- <br />income buycr; provided. howcvcr, Owncr shall obtain thc writtcn agreemcnr. in form <br />satisfactory to Orangc County, of any buycr or successor or othcr pcrson acquiring <br />the Property or any interest thcrein, that such acquisition is subject to thc <br />rcquirements of this Dcclaration and to the rcquirements of thc DEVELOPMENT <br />AGREEMENT and the HOME TNVESTMENT PARTNERSHIP PROGRAM. <br />Owncr agrees that County rnay void any salc, transfcr, or exchangc of thc Property or <br />any portion of this Property if thc buyer or successor or other person fails to assumein writing thc rcquircmcnts of this Dcclaration and thc rcquircmcnts of thc <br />DEVELOPMENT AGREEMENT and the HOME INVESTMENT PARTNERSHIP <br />PROGRAM. A copy of thc DEVELOPMENT AGREEMENT is on titc with thc <br />Office of thc Clerk to the Orange County Board of County Commissioners. Upon <br />expiration of the HOME Affordability Period and prior to cxpiration of thc nincry- <br />nine (99) years from Project Completion, Owner may sell, transfcr, or exchange the <br />Property to a Qualified Buyer as defined in the County's Long-Tenn Affordability <br />Policy or to a non-profit fund, foundation, or corporation of like purpose rvhich is <br />organized and operated exclusively for charitable and educational purposes and rvhich <br />has establishcd its tax exempt status undcr Scction 501 (cX3) of thc Intcrnal Revenuc <br />Code, or to Orange County; provided, however, Orvner shall obtain the written <br />agreement, in form satisfactory to Orange County, of any buyer or successor or other <br />person acquiring the Property or any interest therein, that such acquisition is subject <br />to the requirements of this Declaration and to the requirements of the County's Long- <br />Term Affordability Pol icy. <br />2. Any assignment, sale, transfer, conveyance or other disposition of the Propert'n or any <br />part of the Property other than as described in subparagraph I above, whether <br />voluntary or involuntary or by operation of law shall be subject to the provisions of <br />SECTION 4 of this Declaration. <br />D. Owner will, at the time of execution, delivery and recording of this Declaration, have <br />good and marketable title to the Properties, free and clear of any lien or encumbrance <br />(except encumbrances created pursuant to this Declaration or other permitted <br />encumbrances). <br />E. 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 thal in any event, the <br />requirements of this Declaration are paramount and controlling as to the rights and <br />obligations herein set forth and supcrsede 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. <br />Tlris declaration shall terminate ninety-nine (99) years after Project Completion, unless HOME <br />_j <br />Docusign Envelope ID: A7F54EB6-02F6-4B44-B5FA-9D9112C03224