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