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RecDoc1999-207282 1205 Warren Ave.
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RecDoc1999-207282 1205 Warren Ave.
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12/27/2022 10:42:51 AM
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12/27/2022 10:42:23 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Doc Num
1999-207282
Rec Date
12/22/1999
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iNimimmuiNiiuiuuuiiuiuiummiiuuiN ;oaas;,� s�=,= <br />17. SUPERIORITY OF RESALE AGREEMENT <br />The Owner covenants that the Owner has not, and will not, execute any other <br />agreement with provisions contradictory to or in opposition to the provisions of this <br />Resale Agreement, and that, in any event, this Resale Agreement is controlling as to the <br />rights and obligations between and among the Owner, Agency and their respective <br />successors and assigns. <br />18. RIGHTS OF MORTGAGEES <br />Notwithstanding any other provision hereof, the provisions of this Resale <br />Agreement shall be subordinate to the lien, terms, covenants and conditions of First <br />Mortgage, and all advances heretofore made or which may hereafter be made pursuant to <br />the First Mortgage, against the Unit, and shall not impair the rights of any institutional <br />lender which is the maker of a loan secured by such First Mortgage, or such lender's <br />assignee or successor in interest, to exercise its remedies under the deed of trust in the <br />event of default by the Owner. These remedies include the right to foreclose or exercise <br />a power of sale or to accept a deed or assignment in lieu of foreclosure, sale, or <br />acceptance of a deed in lieu of foreclosure. After such foreclosure, sale or acceptance of <br />a deed in lieu of foreclosure, this Resale Agreement shall be forever terminated (unless <br />Owner reacquires an interest in the Unit) and shall have no -further effect as to this Unit or <br />any transferee thereafter; provided, however, if the holder of such deed of trust acquired <br />title to this Unit pursuant to a deed or assignment in lieu of foreclosure, this Resale <br />Agreement shall automatically terminate upon such acquisition of title, provided that (i) <br />Agency has been given written notice of a default under such First Mortgage and (ii) <br />Agency shall not have cured the default under such First Mortgage, or diligently pursued <br />during the default as determined by the holder of the First Mortgage, within the 60 -day <br />period provided in such notice sent to Agency. <br />19. TERMINATION <br />This Resale Agreement shall terminate upon the earlier of: (a) thirty (30) years <br />from the date of transfer of title to Owner, (b) the date that the Transfer to an Eligible <br />Purchaser is completed pursuant and subject to the terms of this Resale Agreement, (c) <br />acquisition of the Unit by the holder of the First Mortgage pursuant to Section 18 above, <br />(d) assignment of the First Mortgage to the Federal Housing Administration or the <br />Veterans Administration pursuant to the respective Administration's loan programs as <br />may be applicable on January 17, 2028. <br />20. INVALID PROVISION <br />If any one or more of the provisions contained in this Resale Agreement shall for <br />any reason be held to be invalid, illegal or unenforceable in any respect, then such <br />provision or provisions shall be deemed severable from the remaining provisions <br />contained in this Resale Agreement, and this Resale Agreement shall be construed as if <br />12 <br />
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