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07/22/2013 <br />d. Subordination: The Covenant shall be subordinate to any mortgage or Deed of <br />Trust and the affordability period shall be terminated in the event of a foreclosure of <br />transfer in lieu of foreclosure if the foreclosure or transfer recognizes any contractual or <br />legal rights of the City of Redwood City to take actions that would avoid the termination <br />of low-income affordability. However, this affordability restriction shall be revived if, <br />during the original term hereof, the owner of record before the foreclosure or other <br />transfer, or any entity that includes the former owner or those with who the former <br />owner has or had family or business ties, obtains ownership interest in the property. <br />Contractor/Owner grants to the City of Redwood City the right to take any and all legal <br />action necessary to enforce the provisions of this restrictive covenant, and owner will be <br />responsible for all reasonable legal expenses incurred by the City in the enforcement of <br />this restrictive covenant. Within the CDBG program guidelines, the City will have the <br />right to waive any and all breaches of the terms of the affordability restrictive covenant, <br />but any such waiver shall not be deemed a waiver of any previous or subsequent <br />breaches. <br />IN WITNESS WHEREOF, Declarant has executed this Declaration on the date <br />first written above. <br />"DECLARANT" <br />Mental Health Association of San Mateo County <br />AN <br />RESO. # 15282 <br />MUFF # 608 <br />