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as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Declarant, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, subleases or vendees in the Property. Declarant further covenants and agrees for itself and any successors in interest, to comply with all non - discrimination provisions set forth in the Funding Agreement, and any other applicable federal, state or local non - discrimination laws or regulations. ARTICLE 7. DURATION r The covenants contained in Articles 2, 3, 4 and 5 of this Declaration shall be deemed to run with the Property until the date which is fifty -five (55) years following the date of recordation of this Declaration. The covenants against discrimination contained in Article 6 of this Declaration shall run with the Property in perpetuity. ARTICLE 8. SUCCESSORS AND ASSIGNS The covenants contained in this Declaration shall be binding upon Declarant and its heirs, successors and assigns, and such covenants shall run in favor of the City and its successors and assigns (which may include HUD) for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. In the event of any breach of any such covenants, or breach of any of Declarant's obligations under this Declaration, City and its successors and assigns shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Declaration, without regard to technical classification and designation, shall be for the benefit of and shall be enforceable only by the City, and its successors and assigns. ARTICLE 9. NO SUPERIOR LIENS At the time of execution of the Funding Agreement and recordation of this Declaration no other liens (other than the lien for current, unpaid property taxes) exist against the Property. Therefore, this Declaration has priority over any and all liens that may be recorded against the Property, other than the lien for current, unpaid property taxes. ARTICLE 10. DEFAULT Any failure by Declarant to perform any term or provision of this Declaration shall constitute a "Default" (1) if Declarant does not cure such failure within thirty (30) days following written notice of default from City, or (2) if such failure is not of a nature which can be cured within such thirty (30) day period, Declarant does not commence substantial efforts to cure the failure within thirty (30) days and thereafter prosecute to completion with diligence and continuity the curing of such failure. Any notice of default given under this Declaration shall identify the nature of the failure in performance which City claims constitutes the Default and the manner in which such Default may be satisfactorily cured. Any failure or delay by City in asserting any of its rights or remedies, including specific performance, as to any Default shall not operate as a waiver of any Default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. City shall have the right to enforce this Declaration by any or all of the following actions: a. City may exercise its option to purchase the Property as set forth in Paragraph 17 of the Funding Agreement. Exhibit D 6