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13. The covenants established in these Restrictions and any amendments hereto <br />approved by the Agency and Developer shall, without regard to technical classification <br />and designation, be binding for the benefit and in favor of the Agency and their respective <br />successors and assigns. These Restrictions shall remain in effect for fifty-five (55) years. <br />In its discretion, the Agency may defer repayment of the Agency Loan or the Agency may <br />agree to such reasonable modifications to the requirements of these Restrictions, as they <br />may determine are necessary for the continued maintenance and operation of the Assisted <br />Units. The covenants against discrimination shall remain in effect for the period of these <br />Restrictions. <br />14. Developer shall not request disbursement of Agency funds until the funds <br />are needed to pay eligible costs. The Agency shall have the right to disapprove any <br />request if the Agency determines the request is for an ineligible item or is otherwise not in <br />compliance with or inconsistent with the Loan Agreement and these Restrictions [24 CFR <br />92.504 (c)(10)]. <br />15. [RESERVED] <br />16. If an event of default occurs under the terms of these Restrictions, prior to <br />exercising any remedies hereunder, Agency shall give Developer written notice of such <br />default. If the default is reasonably capable of being cured within thirty (30) days, <br />Developer shall have such period to effect a cure prior to exercise of remedies by the <br />Agency under these Restrictions. If the default is such that it is not reasonably capable of <br />being cured within thirty (30) days, and Developer (i) initiates corrective action within <br />said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon <br />as possible, then Developer shall have such additional time as is reasonably necessary to <br />cure the default prior to exercise of any remedies by Agency. <br />The Agency is a beneficiary of the terms and provisions of these <br />Restrictions and the covenants herein, both for and in their own right and for the purposes <br />of protecting the interests of the community and other parties, public or private, for whose <br />benefit these Restrictions and the covenants running with the land have been provided. <br />Upon the occurrence of an event of default and the expiration of the notice and cure period <br />specified above, the Agency shall have the right to exercise all rights and remedies, and to <br />maintain any actions or suits at law or in equity or other proper proceedings to enforce the <br />curing of such breaches to which they or any other beneficiaries of these Restrictions and <br />covenants are entitled. <br />17. The covenants and agreements contained herein shall ran with the land and <br />not be personal obligations of Developer. Upon the sale, conveyance or other transfer of <br />the Property (a "Transfer") and the assumption of the obligations hereunder by a <br />transferee, Developer's liability for performance shall be terminated as to any obligation to <br />be performed hereunder after the date of such Transfer. <br />18. The Loan Agreement and all of its attachments shall be enforceable by <br />Agency in accordance with the terms thereof. Each of the Loan Agreement, these <br />Restrictions, the Housing Successor Agency Loan Note and the Housing Successor <br />Agency Loan Deed of Trust provide a means of enforcement by the Agency if Developer <br />7of11 <br />