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6. In amplification and not in restriction of the provisions set forth hereinabove, it is <br />intended and agreed that City shall be deemed a beneficiary of the covenants and agreements <br />provided hereinabove both for and in its own right and also for the purposes of protecting the <br />interests of the community. All covenants without regard to technical classification or designation <br />shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire <br />period during which such covenants shall be in force and effect, without regard to whether City is or <br />remains an owner of any land or interest therein to which such covenants relate. City shall have the <br />right, in the event of any breach of any such covenant or agreement, to exercise all the rights and <br />remedies, and to maintain any actions at law or suits in equity or other proper proceedings to <br />enforce the curing of such breach of covenant or agreement. <br />7. No violation or breach of the covenants, conditions, restrictions, provisions or <br />limitations contained in this Agreement Containing Covenants shall defeat or render invalid or in <br />any way impair the lien or charge of any mortgage or deed of trust or security interest on the <br />Property, provided, however, that any subsequent owner of the Property shall be bound by such <br />remaining covenants, conditions, restrictions, limitations, and provisions, whether such owner's title <br />was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. <br />S. Only City, its successors and assigns, and Project Sponsor and successors and <br />assigns of Project Sponsor in and to all or any part of the fee title to the Property shall have the right <br />to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, <br />easements, or other restrictions contained in this Agreement Containing Covenants, or to subject the <br />Property to additional covenants, easements or other restrictions. City, its successors and assigns, <br />and Project Sponsor and the successors and assigns of Project Sponsor in and to all or any part of <br />the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in <br />whole or in part, any of the covenants, easements, or restrictions contained in this Agreement <br />Containing Covenants or to subject the Property to additional covenants, easements, or other <br />restrictions without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, <br />beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in <br />the Property. <br />9. The covenants established in this Agreement Containing Covenants, shall, without <br />regard to technical classification and designation, be binding on Project Sponsor and any successor <br />in interest to the Property or any part thereof for the benefit and in favor of City, its successors and <br />assigns, and City. The covenants contained in this Agreement Containing Covenants shall remain <br />in effect for ten (10) years from the date on which the Certificate of Occupancy or Notice of <br />Completion of rehabilitation is filed /issued. <br />10. Project Sponsor shall not be obliged to make payments to City during the Tenn of <br />this Grant, which shall be ten (10) years (the "Term"); provided, however, that in the event of <br />default, the principal amount (as reduced pursuant to this Paragraph) shall become due and <br />payable in full. The preceding sentence to the contrary notwithstanding, the principal amount <br />shall be deemed repaid by the amount of ten percent (10 %), or Seventy Two Thousand Dollars <br />($72,000.00) each annual anniversary during the Term commencing on , 2015, and <br />continuing on each anniversary thereafter until the last day of the Term. <br />Page 3 <br />25H -35 <br />