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8.3 Excess Proceeds Paid from Creditor's Sale. If a creditor acquires title to the Home through a
<br />deed in lieu of foreclosure, a trustee's deed upon a foreclosure sale, or otherwise, Owner shall not be
<br />entitled to the proceeds of sale in excess of the following ("Excess Proceeds"): (i) the Adjusted Sales
<br />Price, calculated as of the date of such sale, less (ii) the sum of amounts paid or credited to the creditor
<br />and any senior creditor and the costs of sale. The Owner shall instruct the holder of such Excess
<br />Proceeds to pay such proceeds to Habitat as repayment for, and in consideration of, the financial
<br />assistance provided in the development of the Home. As more particularly set forth in the Grant
<br />Agreement, Habitat shall pay to City eighteen and 34/100 percent (18.34%) of Excess Proceeds it
<br />receives, less costs of collection, based upon City's pro rata contribution toward the development cost of
<br />the Home taking into consideration the financial contributions of Habitat and other public agencies that
<br />have provided financing and that require payment of a share of Excess Proceeds. If the financial
<br />contribution to the Project provided by City or other public agencies is modified, the City's share of Excess
<br />Proceeds shall be modified accordingly.
<br />8.4 Non -Discrimination. Habitat covenants by and for itself and its successors and assigns that
<br />there shall be no discrimination against or segregation of a person or of a group of persons on account of
<br />race, color, religion, creed, age, disability, sex, sexual orientation, gender identity, marital status, genetic
<br />information, medical condition, ancestry or national origin in the sale, lease, sublease, transfer, use,
<br />occupancy, tenure or enjoyment of the Home, nor shall Habitat or any person claiming under or through
<br />Habitat establish or permit any such practice or practices of discrimination or segregation with reference to
<br />the selection, location, number, use or occupancy of buyers, tenants, lessees, subtenants, sublessees or
<br />vendees in the Home. The foregoing covenant runs with the land.
<br />9. AGREEMENT TO RUN WITH THE LAND
<br />The covenants, reservations and restrictions set forth in this Agreement shall be deemed covenants
<br />running with the land and shall pass to and be binding upon the Home and each Successor -In -Interest in
<br />the Home for the term provided above. The Owner hereby expressly assumes the duty and obligation to
<br />perform each of the covenants and to honor each of the reservations and restrictions set forth in this
<br />Agreement. Each and every contract, deed or other instrument hereafter executed covering or conveying
<br />the Home or any interest therein shall conclusively be held to have been executed, delivered and accepted
<br />subject to such covenants, reservations, and restrictions, regardless of whether such covenants,
<br />reservations and restrictions are set forth in such contract, deed or other instrument.
<br />10. GENERAL PROVISIONS
<br />10.1 Governing Law. This Agreement shall be governed by and construed and enforced in
<br />accordance with the laws of the State of California. The venue of any action or proceeding brought by any
<br />party arising out of this Agreement shall, to the extent legally permissible, be in San Mateo County,
<br />California.
<br />10.2 Amendment. This Agreement may be amended only by a written instrument executed by Owner
<br />(or the Successor -In -Interest, as applicable), Habitat, and City.
<br />10.3 Headings. The titles and headings of the sections of this Agreement are for the purpose of
<br />reference only and shall not limit or otherwise affect any of the terms of this Agreement.
<br />10.4 Notices. Any notice, demand or other communication required or permitted to be given under
<br />this Agreement by either party to the other party shall be in writing and sufficiently given or delivered if
<br />transmitted by (a) registered or certified United States mail, postage prepaid, return receipt requested, (b)
<br />personal delivery, or (c) nationally recognized private courier services, in every case addressed as follows:
<br />If to Habitat: Habitat for Humanity Greater San Francisco, Inc.
<br />500 Washington Street, Suite 250
<br />San Francisco, CA 94111
<br />SF #4815-2365-6406 v1
<br />REV: 05-19-20215K
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