Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd

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5. AFFORDABILITY REQUIREMENTS, USE AND MAINTENANCE OF THE PROJECT 5.1 Affordability Requirements. Developer shall comply with the terms and provisions of the Affordability Restrictions on Transfer of Property in all material respects. 5.2 Maintenance of the Property. Developer shall maintain the Property in accordance with the Ground Lease. 5.3 Obligation to Refrain from Discrimination. Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, disability, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Developer itself or any person claiming under or through him 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, sublessees or vendees of the Property. The foregoing covenants shall run with the land and shall remain in effect for the term of the Agreement. 6. DEFAULTS AND REMEDIES 6.1 Event of Default. Failure or delay by either party to perform any term or provision of this Agreement within the time periods provided herein for such performance constitutes a default under the Agreement. If any party defaults in performance of its obligations, covenants or agreements hereunder, the defaulting party shall be entitled to cure the default in accordance with this section. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. The defaulting party must, within thirty (30) days following service of said written notice, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence. The occurrence of any of the following shall be deemed to be an event of default by Developer which is not cured within the applicable time period described therein ("Event of Default'') hereunder: (a) failure by Developer to make any payments provided for herein, and if such default is not made good within ten (10) Business Days after Developer's receipt of written notice that such payment was not received when due; (b) failure by Developer to perform any nonmonetary covenant or agreement under this Agreement within thirty (30) days after written demand therefor by Agency (or, in the event that more than thirty (30) days is reasonably required to cure such default, should Developer fail to promptly any “Event of Default” by Developer under the Ground Lease, the Agency Deed of Trust, the Agency Note, or the Affordability Covenants and Restrictions commence such cure, and diligently and continuously prosecute same to completion); or (d) a default under any Senior Loan Deed of Trust that remains uncured after any applicable notice has been provided and the expiration of any applicable cure period therefore, if any, provided therein. 6.2 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default to recover EXHIBIT 4