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Certificate of Occupancy. Further, until the final Certificate of <br /> Completion has been issued as to the Project, the Developer shall <br /> not assign or attempt to assign this Agreement or any right herein, <br /> except as otherwise permitted by this Agreement . <br /> b. In the absence of specific written agreement or <br /> approval by the Agency, no unauthorized sale, transfer, conveyance, <br /> lease, leaseback or assignment of any portion of the Property shall <br /> be deemed to relieve the Developer or any other party from any <br /> obligations under this Agreement . <br /> Section 3 . 05 . Security Financinq; Right of Holders. <br /> a. Notwithstanding any provision set forth in Section <br /> 3 . 04 hereof to the contrary, a mortgage, deed of trust, or any <br /> other form of lien on the Property required for the disbursement of <br /> the Public Assistance is permitted before the recordation of the <br /> Certificate of Completion, subject to the approval of the form <br /> thereof by the Agency. <br /> b. In any event, the Developer shall promptly notify <br /> the Agency of any mortgage, deed of trust or other encumbrance or <br /> lien that has been created or attached to the any portion of the <br /> Property prior to issuance of the final Certificate of Completion <br /> on the Property whether by voluntary act of the Developer or <br /> otherwise; provided, however, that no notice of filing of <br /> preliminary notices or mechanic' s liens need be given by the <br /> Developer to the Agency prior to suit being filed to foreclose such <br /> mechanic' s lien. <br /> c. The words "mortgage" and "deed of trust" as used <br /> herein shall be deemed to include all other customary and <br /> appropriate modes of financing real estate acquisition, <br /> construction and land development. <br /> d. The holder of any mortgage, deed of tru�t or other <br /> security interest authorized by this Agreement shall in no manner <br /> be obligated by the provisions of this Agreement to construct or <br /> complete the improvements or to guarantee such construction or <br /> completion; nor shall any covenant or any other provision in any <br /> grant deed for any portion of the Property be construed so to <br /> obligate such holder. Nothing in this Agreement shall be deemed to <br /> permit or authorize any such holder to devote the Property or any <br /> portion thereof to any uses, or to construct any improvements <br /> � thereon, other than those uses or improvements provided for or <br /> � authorized by this Agreement . <br /> REDW\0006\DOC\013-6 <br /> 2 1 3/08/05 mvc <br />