Laserfiche WebLink
<br />8. Subordination of Declaration. To the extent <br />applicable, pursuant to California Health & Safety Code Section <br />33334.14, this Declaration of Affordabili ty Covenants shall be <br />subordinate to any lien, encumbrance, terms, or covenants and <br />conditions of any deed of trust, mortgage, or regulatory agreement <br />securing the interests under the Public Assistance and the <br />construction financing necessary for the development and <br />construction of the Project. Agency agrees to execute <br />subordination agreements if requested or required by such other <br />lenders. <br /> <br />9. Attorneys' Fees. In any legal proceeding begun to <br />enforce the terms of or restrain a violation of this Declaration, <br />the losing party or parties must pay the attorneys' fees of the <br />winning party or parties in the amount fixed by the court in the <br />proceeding. <br /> <br />10. Amendments. This Declaration may only be amended in <br />writing by an instrument signed by the authorized representative of <br />the Agency and the then record owner or owners of the Property. <br /> <br />11. Severability. If any provision of this Declaration <br />shall be invalid, inoperative or unenforceable as applied in any <br />particular case, in any jurisdiction or jurisdictions or in all <br />jurisdictions, or in all cases because it conflicts with any other <br />provision or provisions hereof or any Constitution or Statute or <br />rule of public policy, or for any other reason, such circumstances <br />shall not have the effect of rendering the provisions in question <br />inoperative or unenforceable in any other case or circumstance, or <br />of rendering any other provision or provisions herein contained <br />invalid, inoperative, or unenforceable to any extent whatsoever. <br />The invalidity of anyone or more phrases, sentences, clauses or <br />sections cont~ined in this Declaration shall not affect the <br />remaining portions of this Declaration or any part hereof. <br /> <br />12. Headinas. The section headings are not part of this <br />Declaration and will not affect the interpretation of any <br />provisions hereof. <br /> <br />13. Time of the Essence. In each provision of this <br />Declaration which states a specific amount of time within which the <br />requirements thereof are to be satisfied or are to persist, time <br />shall be deemed to be of the essence. <br /> <br />14. Notices. Any notice required to be given hereunder <br />shall be given by personal delivery or by registered or certified <br /> <br />E - 8 <br /> <br />REDW\0006\DOC\001-5 <br />1/27/05 7:00 /mve <br />