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(d) Agreement of the tenant that the owner may institute a lawsuit without notice <br />to the tenant; <br />(e) Agreement by the tenant that the owner may evict the tenant or household <br />members without instituting a civil court proceeding in which the tenant has the opportunity to <br />present a defense, or before a court decision on the rights of the parties; <br />(f) Agreement by the tenant to waive any right to a trial by jury; <br />(g) Agreement by the tenant to waive the tenant's right to appeal, or to otherwise <br />challenge in court, a court decision in connection with the lease; and <br />(h) Agreement by the tenant to pay attorney's fees or other legal costs even if the <br />tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be <br />obligated to pay costs if the tenant loses. <br />8. SUCCESSORS AND ASSIGNS. Vista Del Rio, its successors or assigns, must adhere to <br />state law requirements with regard to termination of tenancy. <br />9. MAINTENANCE OF PROPERTY. Vista Del Rio shall, at its sole cost and expense, <br />maintain or cause to be maintained the interior and exterior of the Project and all Assisted Units <br />thereof and the Property in a decent, safe and sanitary manner, in accordance with the HUD Housing <br />Quality Standards (HQS) and the maintenance standards required by Section 92.251 of the HOME <br />Regulations, and in accordance with the standard of maintenance of first class apartments within <br />Orange County, California. None of the Assisted Units in the Project shall at any time be utilized on <br />a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, <br />dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest <br />home, or be converted to condominium ownership. If at any time Vista Del Rio fails to maintain the <br />Project or the Property in accordance with this Agreement and such condition is not corrected within <br />five (5) Business Days after written notice from City, Authority, or Successor Agency with respect to <br />graffiti, debris, and waste material, or thirty (30) days after written notice from City, Authority, or <br />Successor Agency with respect to general maintenance, landscaping and building improvements, <br />then City and Successor Agency, in addition to whatever remedy they may have at law or at equity, <br />shall have the right to enter upon the applicable portion of the Project or the Property and perform all <br />acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach <br />a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from <br />such acts and work of protection, maintenance, and preservation by City, Authority, and Successor <br />Agency and /or costs of such cure, including a reasonable administrative charge, which amount shall <br />be promptly paid by Vista Del Rio to City, Authority, or Successor Agency, as applicable, upon <br />demand. The liens created under this Section shall be subject and subordinate to the lien of the <br />mortgage or deed of trust encumbering the Property (or any part of the Property) for the Senior Loan <br />approved pursuant to the terms of the DDA. The City, Authority and /or Successor Agency shall <br />inspect the Property annually after the date of issuance of the Release of Construction Covenants as <br />described in Section 310 of the DDA and Vista Del Rio shall cooperate with the City, Authority, and <br />Successor Agency to make the Property and all Assisted Units thereon available for such inspection. <br />Vista Del Rio shall not remove, demolish or materially alter any Improvement without City's <br />prior consent, except to make non - structural repairs which preserve or increase the Property's value, <br />B -11 <br />DOCSOC /1475221 v10/200272 -0004 <br />