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These Affordability Covenants, without regard to technical classification or designation, shall not <br />benefit or be enforceable by any person, or firm, or corporation, public or private, except the City, <br />the Owner and their respective successors and assigns. <br />10. Enforcement. These Affordability Covenants, without regard to technical classification <br />or designation, shall be binding for the benefit of the City, and its successors and assigns, for the <br />entire period during which such covenants shall be in force and effect, without regard to whether the <br />City, or its successors and assigns are or remain an owner of any land or interest therein to which <br />such covenants relate. In the event of any breach of any such covenants, the City,'or its successors <br />and assigns, shall have the right to exercise all the rights and remedies, and to maintain any action at , <br />law or suits in equity or other proper proceedings to enforce the curing of such -breach. The Loan <br />Agreement and all of its attachments shall be enforceable by City in accordance with the terms <br />thereof. Each of the Loan Agreement, the Affordability Restrictions, the Promissoiy Note and the <br />Deed of Trust provide a means of enforcement by the City if Borrower is in breach of its obligations <br />hereunder and thereunder, including liens on the Property, use and deed_ restrictions and covenants <br />running with the land [24 CFR 92.504 (c) (13)]. <br />11. Duration. The provisions of Section 1 of these Affordability,Covehants shall remain in <br />effect in perpetuity. The provisions of Section 2 of these Affordability Covenants shall remain in <br />effect for the longest feasible time, but in any event, not less than 45 years from the date on which <br />these Affordability Covenants are recorded in the Official Records o6h'e Recorder of the County of <br />Orange, State of California, provided that the Property remains habitable. ' The provisions of Sections <br />3, 4 and 5 shall remain in effect for so long as the City Loan remains outstanding, or for so long as <br />the provisions of Section 2 of these Affordability Covenants remain in effect, whichever is longer. <br />Notwithstanding the foregoing, as required by 24 C.F.R. Section'92.254 (a) (5) (i), the provisions of <br />Section 2 of these Affordability Covenants shall terminate upon occurrence of any of the following <br />termination events: foreclosure, transfer in lieu of foreclosure or assignment of an FHA insured <br />mortgage to HUD. <br />12. No Forfeiture. These Affordability Covenants shall be construed as covenants running <br />with the land and not as conditions which might result in forfeiture of title. <br />0 <br />25C-36 <br />