80A - JOINT PH - RESO AND DDA WITH HABITAT FOR HUMANITY

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curing such default. The Agency shall also be entitled to a lien upon the Sites to the extent of such costs and disbursements. Any such lien shall be junior and subordinate to the mortgages or deeds of trust pursuant to this Section 311. 311.6 Changes Requested by Lender and Holder. In the event that a Lender or Holder which has been approved pursuant to this Section 311 hereof requires one or more amendments to this Agreement, or any of the attachments hereto, the Agency agrees to reasonably consider approving such proposed amendment, and if such proposed amendment(s) does not materially affect the Agency's interests hereunder, the Agency Executive Director or his or her designee is hereby authorized to make such amendment(s) without further authorization from the Agency. 400. COVENANTS AND RESTRICTIONS 401. Use in Accordance with Redevelopment Plan. The Developer covenants and agrees for itself, its successors, assigns, and every successor in interest to the Sites, that upon the Closing of a Phase and during construction and thereafter, until Developer's sale of the Improvements on the Sites in such Phase, the Developer shall devote the Sites in such Phase to the uses specified in the Redevelopment Plan and this Agreement for the periods of time specified therein. All uses conducted on the Sites in such Phase, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to the Redevelopment Plan and all applicable provisions of the Santa Ana Municipal Code. The foregoing covenants shall run with the land. 402. Reserved. 403. Affordable Housing. 403.1 Number of Units. Developer agrees to make available, restrict occupancy to, and sell single family Houses to be developed upon the Sites to "Low Income Households" and "Moderate Income Households" (as those terms are herein defined) at an Affordable Housing Cost (the "Affordable Units") as set forth in Section 301. In addition, the Developer agrees to cooperate with the Agency in any subsidized loan program the Agency may in its sole discretion make available to Low Income or Moderate Income Household purchasers of some or all of the Affordable Units. 403.2 Selection of Buyers. The Developer shall provide the Agency with a copy of its Marketing Plan which shall set forth how the Developer plans to provide interested households with information about the Sites. The Developer shall be solely responsible for the selection of qualified purchasers of the Affordable Units. Developer shall ensure that there will be adequate homebuyer education with HUD approved pre- and post- purchase counseling. 403.2.1 Marketing, Outreach and Sales Plan. The goal of the Marketing, Outreach and Sales Plan ("the Plan") is to insure that the marketing of affordable for- sale housing be as broad and inclusive as possible in order to inform and attract as many prospective buyers as possible. The Plan and the associated applicant selection procedures will be targeted to purchasers regardless of race, color, religion, sex, disability status, familial status 28 EXHIBIT 4 8OA-43