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Ord 1972-038
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Ord 1972-038
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Last modified
9/3/2008 1:27:33 PM
Creation date
9/3/2008 1:27:33 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Approving
Number
1972-38
Date
11/27/1972
Volume Book
40
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<br />and as set forth herein and shall prosecute diligently the con- <br />struction of said Improvements to completion. <br /> <br />FOURTH: Until the Grantor certifies that all the aforesaid <br />Improvements specified to be done and made by the Grantee have <br />been completed, the Grantee shall have no power to convey ~~e <br />property hereby conveyed or any part thereof without the prior <br />written consent of the Grantor except to a Mortgagee or Trustee <br />under a Mortgage or Deed of Trust permitted by this Deed, and, <br />except as security for obtaining financing permitted by this Deed, <br />there shall be no transfer, and the Grantee shall not permit any <br />transfer. <br /> <br />I <br /> <br />FIFTH: The Grantee agrees for itself and any successor in <br />interest not to discriminate upon the basis of race, color, or <br />national origin in the sale, lease, or rental or in the use or <br />occupancy of the property hereby conveyed or any part thereof or <br />of any Improvements erected or to be erected thereon or any part <br />thereof. <br /> <br />The convenants and agreements contained in the covenant num- <br />bered FIRST shall run for a 25-year period from the date of this <br />deed, or throughout the life of the Urban Renewal Plan and any <br />extensions of time as covered in the Plan, whichever period is <br />longer. The covenants and agreements contained in covenants num- <br />bered SECOND, THIRD, and FOURTH shall terminate on the date the <br />Grantor issues the Certificate of Completion as herein provided <br />except only that the termination of the covenant numbered SECOND <br />shall in no way be construed to release the Grantee from its <br />obligation to pay real estate taxes or assessments on the property <br />hereby conveyed or any part thereof. The covenant numbered FIFTH <br />shall remain in effect without any limitation as to time. <br /> <br />I <br /> <br />In case of the breach or violation of anyone of the covenants <br />numbered SECOND, THIRD and FOURTH at any time prior to the time <br />the Grantor certifies that all building construction and other <br />physical improvements have been completed, and in case such breach <br />or such violation shall not be cured, ended or remedied within <br />60 days after written demand by the Grantor so to do with respect <br />to covenant numbered FOURTH and three (3) months after written <br />demand by the Grantor so to do with respect to covenants numbered <br />SECOND and THIRD (Provided, That a breach or violation with <br />respect to the portion of covenant numbered THIRD, dealing with <br />-completion of the Improvements may be cured, ended or remedied <br />within six (6) months after written demand by the Grantor so to <br />do) or any further extension thereof that may be granted by the <br />Grantor in its sole discretion, then all estate, conveyed under <br />this Deed, shall cease and determine, and title in fee simple to <br />the same shall revert to and become revested in the Grantor, or <br />its successors or assigns, and such title shall be revested fully <br />and completely in it, and the said Grantor, its successors or <br />assigns, shall be entitled to and may of right enter upon and <br />take possession of the said property: Provided, That any such <br />revesting of title to the Grantor: <br /> <br />I <br /> <br />(1) Shall always be subject to and limited by, and <br />shall not defeat, render invalid, or limit in any <br />way <br /> <br />(i) the lien of any mortgage or Deed of Trust <br />permitted by this Deed; and <br /> <br />(ii) any rights or interests provided in the Second <br />Amended Cooperation Agreement and as provided <br />herein for the protection of the trustees of <br />any such Deed of Trust or the holders of any <br />such mortgage; and <br /> <br />(2) In the event that title to the said property or part <br />thereof shall revest in the Grantor in accordance <br />with the provisions of this Deed, the Grantor shall <br /> <br />-4- <br />
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