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• completion date for County approval. The County may, at its option, approve any <br />extension of the completion date or declare Habitat in default. <br />Habitat shall monitor the constructed units for affordability for the period of affordability <br />ninety-nine (99) years. Final contract completion date shall be the latest end date of all <br />assisted unit affordability periods. <br />4. Affordability Requirement. Each unit must remain affordable for a period of ninety- <br />nine years. Habitat retains full responsibility for compliance with the affordability <br />requirement for assisted units, unless affordability restrictions are terminated due to the <br />sale of the Property to anon-qualified buyer in which event the Resale Provisions of <br />Section 5 of this Agreement pertain. Habitat shall assure compliance with affordability of <br />assisted units by having recorded, at the time it sells each of the thirteen (13) dwelling <br />units, a "Declaration of Restrictive Covenants" (EXHIBIT B) on the Property. This <br />Declaration shall constitute and remain a first lien on the Property during the period of <br />affordability. <br />It is further the responsibility of Habitat to rerecord the Declaration of Restrictive <br />Covenants no later than one day before the expiration of 30 years of the date of its sale of <br />each of the 13 dwelling units in the event the homeowner purchasing the dwelling unit <br />from Habitat is still the owner of the dwelling unit at the time of the rerecording and no <br />• later than one day before the expiration of 30 years of the sale of the thirteen (13) units. <br />,County retains the right to periodically and every 30 years after the first recording of the <br />Declaration of Restrictive Covenants on the Property to register, with the Register of <br />Deeds of Orange County, a notice of preservation of the Restrictive Covenants on the <br />Property as provided in North Carolina General Statute § 47B-4 or any comparable <br />preservation law in effect at the time of the recording of the notice of preservation. It is <br />the intent of this Section of this Agreement that the 99 year affordability requirement <br />contained herein be accomplished and that Habitat and the County will do what is <br />necessary to ensure that the same is not extinguished by the Real Property Marketable <br />Title Act or any comparable law purporting to extinguish, by the passage of time, non <br />possessory interests in real property. Both Habitat and County agree to do what each must <br />do to accomplish the 99-year affordability requirement. <br />5. Resale Provisions. Habitat shall assure compliance with affordability of assisted units <br />through the Declaration of Restrictive Covenants. <br />6. Miscellaneous Provisions. <br />a. Termination of Agreement. The full benefit of the Project will be realized only <br />after the completion of the affordability periods for all properties constructed with funds <br />provided to affordable units to low-income families. It is the County's intention that the full <br />public benefit of the Project shall be completed under the auspices of Habitat for the assisted <br />• units as follows: <br />3 <br />