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<br />then the Agency may declare that an Event of Default has occurred <br />hereunder and may take anyone or more of the following steps, at <br />its option: <br /> <br />(a) By mandamus or other suit, action or proceeding at <br />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 of <br />the rights of the Agency hereunder; and <br /> <br />(b) Take whatever other action at law or in equity may <br />appear necessary or desirable to enforce the obligations, covenants <br />and agreements hereunder, including, without limitation, <br />foreclosure of the Deed of Trust if not previously reconveyed; and <br /> <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 />breach or violation or any similar breach or violation thereof at <br />any later time or times. <br /> <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 proj ect. Agency agrees to execute <br />subordination agreements if requested or required by such other <br />lenders. <br /> <br />9. Attornevs' 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 /> <br />8 <br /> <br />REDW\OOO6\DOC\O26 <br />