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declaration of a default, Agency may apply to a court of competent jurisdiction for specific performance of the Agreement, for an injunction prohibiting a proposed sale or transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. 12. Property Maintenance Owner recognizes that installation and maintenance of landscaping will materially benefit the property. Owner agrees to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Owner agrees to maintain landscaping that is not maintained by the Homeowners Association as necessary to prevent the landscape deteriorating to the point its value is destroyed. 13. Attorney Fees and Costs If any action is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 14. Controlling Agreement Owner covenants that he or she has not, and will not execute any other agreement with provisions contradictory to or in opposition to the provisions hereof, and that in any event, Owner understands and agrees that this Agreement shall control the rights and obligations between and among the parties and respective successors. 10. Subordination This Agreement is subordinate to any deed of trust or mortgage on the premises made by or held by an institutional lender or investor. 11. Severability If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein. 12. Time of the Essence Time is of the essence of this entire Agreement. 7