25C - AGMT HOMEBUYER ASSISTANCE - Laserfiche WebLink

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shall be the duty of Owner to rebuild, repair or reconstruct the Property in a timely manner to restore it to comply with any applicable City regulations. (f) Variance in Exterior Appearance and Design. If the Property is damaged or destroyed by casualty, Owner may not, without the prior written consent of the City, reconstruct, rebuild or repair the Property in a manner which will provide the same or different exterior,, appearance and lot design from that which existed prior to the date of the casualty. (g) Time Limitation. In the event of damage or destruction due to casualty, Owner shall be obligated to proceed with all due diligence to commence reconstruction,within two (2)•.months after the damage occurs and to complete reconstruction within a reasohable'-time after damage occurs, unless prevented by causes beyond the reasonable control of Owrier. 6. Notices. 4` Except as otherwise expressly provided in these AffordabilityCovenants, in every case when, under the provisions of these Affordability Covenants, it shall be,necessary or desirable for one party to serve any notice, request, demand, report or other communication'on another party', the same shall be in writing and shall not be effective for any purpose unless served (i) personally, (ii) by independent, reputable, overnight commercial courier, or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return`receipt requested, addressed as follows: To Owner: To City: City of Santa Ana 20 Civic Center,Plaza, M-26 P.O. Box 1988 Sania Ana;.California 92702 Attention: Housing Manager 7. Effect -of Violation on Other Liens. No violation or breach of these Affordability Covenants shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other security'instrument permitted by the Loan Agreement and made in good faith and for value. 8. Covenants Run with the Land. Notwithstanding any other provision of law, these Affordability Covenants shall run with the land and shall be enforceable against the Owner and successors in interest by the City. Once the City has been repaid in full, these Affordability Covenants shall be released. 9. Modification. Only the City, its successors, and assigns, and the Owner and the successors and assigns of the Owner in and to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, these Affordability Covenants or to subject the Property to additional covenants, easements, or other restrictions without the consent of any tenant, lessee, easement holder, licensee, trustee, beneficiary under a deed of trust (other than the First Mortgage Loan) or any other person or entity having an interest less than a fee in the Property. -5- 25C-35