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RecD05 2005-141298
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RecD05 2005-141298
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Last modified
2/22/2006 10:40:47 AM
Creation date
2/22/2006 10:36:23 AM
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Recorded Docs
Recorded Docs - Type
Deed
Doc Num
2005-141298
Rec Date
8/17/2005
APN
053-093-130 053-093-140
Parties
Villa Montgomery
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<br />6. Maintenance of Property. During such time as the <br />covenants set forth in Section 2 of this Grant Deed are in effect, <br />the Property shall at all times be maintained as an affordable <br />rental apartment complex of not less than 58 units. The Property <br />shall at all times be maintained in a neat and orderly condition <br />consistent with good management practices and in accordance with <br />all applicable Federal, State and local laws. <br /> <br />7. No violation or breach of the covenants, conditions, <br />restrictions, provisions or limitations contained in this Grant <br />Deed, the Declaration of Affordability Covenants, and the Deed of <br />Trust shall defeat or render invalid or in any way impair the lien <br />or charge of any mortgage, deed of trust or other financing or <br />security instrument permitted by the Agreement; provided, however, <br />that any successor of Grantee to the Property shall be bound by <br />such remaining covenants, conditions, restrictions, limitations and <br />provisions, whether such successor's title was acquired by <br />foreclosure, deed in lieu of foreclosure, trustee's sale or <br />otherwise. <br /> <br />8. The terms and conditions set forth in Article IV of <br />the Agreement and the covenants otherwise contained in this Grant <br />Deed respecting the affordabili ty restrictions on the Property <br />shall remain in effect for a period of fifty-five (55) years from <br />the date hereof. The covenants against discrimination set forth in <br />Article IV of the Agreement and otherwise contained in this Grant <br />Deed shall remain in effect in perpetuity. The covenants set forth <br />in Article IV of the Agreement regarding the redevelopment of the <br />Property shall remain in effect for the life of the Redevelopment <br />Plan. The covenants set forth in Article III of the Agreement shall <br />remain in effect until they are satisfied in full. <br /> <br />9. The covenants contained in this Grant Deed shall be <br />binding for the benefit of the Grantor and its successors and <br />assigns, and such covenants shall run in favor of the Grantor for <br />the entire period during which such covenants shall be in full <br />force and effect, without regard to whether the Grantor is or <br />remains an owner of any land or interest herein to which such <br />covenants relate. The Grantor, in the event of any breach of any <br />such covenants, shall have the right to exercise all of the rights <br />and remedies, and to maintain any actions at law or suits in equity <br />or other proper proceedings to enforce the curing of such breach as <br />provided in the Agreement or by law. The covenants contained in <br />this Grant Deed shall be for the benefit of and shall be <br />enforceable only by the Grantor and its successor. <br /> <br />10. Events of Default; Enforcement. In the event of a <br />default in the performance or observance of any covenant, agreement <br /> <br />7 <br /> <br />REDW\0006\DOC\027 <br />
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