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9. Acceptance of Terms by Owner. By acceptance of this Grant Deed (including <br />this Attachment), the Owner accepts and agrees to be bound by all of the covenants and <br />restrictions contained in this Attachment and further acknowledges receipt of and agrees <br />to be bound by -all of the terms and provisions of this Attachment. <br />10. Default. by Owner Nothing contained in this Attachment shall prevent the <br />Agency from enforcing the provisions of Health and Safety Code Section 52022 or Civil <br />Code Section .711.5, as amended from. time to time or from commencing foreclosure <br />proceedings at any time if a default occurs under any deed of trust or mortgage. <br />11. Terms of .Restriction. The provisions of this Grant Deed (including this <br />Attachment) restricting the sale and resale of the Subject Property, shall terminate and <br />become void automatically at 12:01 A.M. on the day immediately succeeding the forty- <br />fifth anniversary of the date of the Certificate of Occupancy. <br />12. Miscellaneous Provisions. <br />(1) Independent and Severable Provisions. In the event that any provision of this <br />Attachment is held by a court of competent Jurisdiction to be enforceable or invalid, such <br />holding shall not render unenforceable any other provision hereof, each provision hereof <br />being expressly severable and independently enforceable to the fullest extent permitted <br />by law. <br />(2) Further. Assurances and Restrictions. The Owner covenants that upon the <br />request of the. Agency, he, she or they will execute, acknowledge and deliver, or cause to <br />be executed, acknowledged and delivered, such further instruments and agreements and <br />do such further instruments and agreements and do such further acts as and may be <br />necessary, desirable or proper to carry out more effectively the purpose of this <br />Attachment and other instruments .required hereunder, and upon the sale or other .transfer <br />of an interest in the Subject .Property, the grantee or Owner shall cause the purchaser or <br />transferee to execute and acknowledge and Attachment to Grant Deed in a .form <br />acceptable to the Agency, which shall be attached to a grant deed by which the Owner <br />coveys title to the Subject Property. <br />(3) Captions and Paragraph Headings. Captions and paragraph headings used <br />herein are <br />for convenience.only and shall not be used in construing this Attachment. <br />(4) Waiver. No waiver by the Agency of any breach by the Owner of any <br />covenant, restriction or condition herein contained shall be effective unless such waiver is <br />in writing, signed by the Agency and delivered to the undersigned. The waiver by the <br />Agency of any such breach or breaches, or the failure by the Agency to exercise any right <br />or remedy in any such breach or breaches, shall not constitute a waiver or relinquishment <br />for the future of any such covenant or condition nor bar any right or remedy of the <br />Agency in respect of any such subsequent breach. <br />15 <br />