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• <br /> limitations contained in this Grant Deed shall defeat or render invalid or in any way impair <br /> the lien or charge of any mortgage, deed of trust or other financing or security instrument <br /> permitted by the DDA; provided, however, that any successor of Grantee to the Property <br /> and Improvements shall be bound by such remaining covenants, conditions, restrictions, <br /> limitations and provisions, whether such successor's title was acquired by foreclosure, deed <br /> in lieu of foreclosure, trustee's sale or otherwise. <br /> 8. The covenants contained in Sections 2, 3, 4, and 5 of this Grant Deed, without <br /> regard to technical or legal classification or designation specified in this Grant Deed or <br /> otherwise, shall to the fullest extent permitted by law and equity, be binding upon Grantee <br /> and any successor in interest to the Property and Improvements or any part thereof, for the <br /> benefit of Grantor, and its successors and assigns, and such covenants shall run in favor of <br /> and be enforceable by the Grantor and its successors and assigns for the entire period <br /> during which such covenants shall be in force and effect, without regard to whether the <br /> Grantor is or remains an owner of any land or interest therein to which such covenants <br /> relate. In the event of any breach of any of such covenants, the Grantor and its successors <br /> and assigns shall have the right to exercise all rights and remedies available under law or in <br /> equity to enforce the curing of such breach. <br /> 9. Subject to and in accordance with the procedures and provisions of Section <br /> 9.8 of the DDA, the Grantor shall have the right, at its option, to re-enter and take <br /> possession of the Property, or portion thereof, with all Improvements thereon, and revest in <br /> the Grantor the estate conveyed to the Grantee, in the event of a default arising under <br /> Section 9.8 of the DDA. Subject to,and in accordance with the procedures and provisions <br /> of Section 9.9 of the DDA, the Grantor shall have the right, at its option, to repurchase and <br /> take possession of the Property, or portion thereof, with all Improvements thereon, and <br /> revest in the Grantor the estate conveyed to the Grantee, in the event of a default arising <br /> under Section 9.9 of the DDA. Grantor's rights under Section 9.8 and Section 9.9 of the <br /> DDA automatically terminate upon completion of the Project. <br /> The Grantor shall have the right to institute such actions or proceedings as it may <br /> deem desirable to effectuate the purposes of this Section 9. Any delay by the Grantor in <br /> instituting or prosecuting any such actions or proceedings or otherwise asserting its rights <br /> hereunder shall not operate as a waiver of or limitation on such rights, nor operate to <br /> deprive Grantor of such rights, nor shall any waiver made by the Grantor with respect to <br /> any specific default by the Grantee, its successors and assigns, be considered or treated <br /> as a waiver of Grantor's rights with respect to any other default by the Grantee, its <br /> successors and assigns, or with respect to the particular default except to the extent <br /> specifically waived. <br /> 10. In the event there is a conflict between the provisions of this Grant Deed and the <br /> DDA, it is the intent of the parties that the DDA shall control. <br /> 11. This Grant Deed may be executed in counterparts, each of which shall be an original <br /> and all of which taken together shall constitute one and the same instrument. <br /> SIGNATURES ON FOLLOWING PAGES <br />