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RecD03 2003-350639
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RecD03 2003-350639
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Last modified
7/5/2005 2:29:15 PM
Creation date
11/30/2004 10:12:20 AM
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Recorded Docs
Recorded Docs - Type
Declaration
Doc Num
2003-350639
Rec Date
12/22/2003
APN
059-092-290
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KDF Hallmark
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<br />covenants relate. In the event of any breach of these <br />covenants, the City and the Agency shall have the right to <br />exercise all the rights and remedies available at law or in <br />equity to enforce the curing of such breach. <br /> (j ) It is the intent hereof that the provisions of <br />subsections (a) through (k) , inclusive, of this Declaration <br />shall survive the termination of the other operative provisions <br />of the Agreement and the issuance and/or recordation of the <br />Certificate of Completion. <br /> 3. Maintenance of Property. During such time as the <br />covenants set forth in Section 2 of this Declaration are in <br />effect, the Property shall at all times be maintained as a <br />rental apartment complex of not less than 72 units. The <br />Property shall at all times be maintained in a neat and orderly <br />condition consistent with good management practices and in <br />accordance with all applicable Federal, State and local laws. <br /> 4. Events of Default; Enforcement. In the event of <br />a default in the performance or observance of any covenant, <br />agreement or obligation as set forth in this Declaration and, if <br />such default remains uncured for a period of thirty (30) days <br />after notice thereof shall have been given by the City and/or <br />the Agency, or such longer period as may be approved by the City <br />and/or Agency in writing in their sole discretion, then the City <br />and the Agency may declare that an Event of Default has occurred <br />hereunder and may take any one or more of the following steps, <br />at their option: <br /> (a) By mandamus or other suit, action or proceeding <br />at law or in equity, require the Declarant or its successors in <br />interest to perform its obligations and covenants hereunder, or <br />enjoin any acts or things which may be unlawful or in violation <br />of the rights of the City and/or Agency hereunder; and <br /> (b) Take whatever other action at law or in equity <br />may appear necessary or desirable to enforce the obligations, <br />covenants and agreements hereunder, including, without <br />limitation, the exercise of remedies under the Deed of Trust if <br />not previously reconveyed. <br /> (c) No delay in enforcing the provisions hereof as to <br />any breach or violation shall impair, damage or waive the right <br />against or recover for the continuation or repetition of such <br /> 5 <br />
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