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04-09-10 Packet
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3. any transfer in any other mode or form, with respect to the Contract or the <br />Property or any part thereof, of any interest therein; or <br />4. any contract or agreement to do any of the above without prior written <br />approval of the Commission, which approval shall not be unreasonably <br />withheld. <br />This subsection does not prohibit the sale or lease of individual units in the Project. <br />D. Approval of Qualifications Prior to Transfer. The Commission may require as <br />conditions precedent to any approval of transfer or assignment any and all information regarding the <br />qualifications, financial responsibility, legal status, experience, background and any and all other <br />information it deems necessary or desirable in order to achieve and safeguard the purposes of the <br />Act, the Plan, and this Contract. <br />E. No Transfer of Developer's Obli ations. Absent specific written agreement by the <br />Commission to the contrary, no transfer or approval by the Commission thereof shall relieve the <br />Developer or any other party bound in any way by the Contract or otherwise with respect to the <br />construction of the improvements and completion of the Project from any of its obligations with <br />respect thereto. <br />F. Information as to Interest. The Developer agrees that during the period between <br />execution of this Contract and the Commission's issuance of the Certificate of Completion, the <br />Developer will promptly notify the Commission of any and all changes in the ownership of shares or <br />partnership interest, or any other act or transaction involving or resulting in any change in the <br />ownership of such interest in the Developer or the relative distribution thereof, of which it or any of <br />its officers have been notified or otherwise have knowledge or information, and which results in the <br />ownership of 50% or more of all outstanding equity of the Developer by persons who are not <br />presently shareholders, members or partners of the Developer. <br />SECTION VIII. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES. <br />A. Limitation upon Encumbrance of Property. Prior to the Commission's issuing a <br />Certificate of Completion, the Developer shall not: <br />1. engage in any transaction creating any encumbrance upon the Property, <br />whether by express agreement or operation of law; or <br />2. allow any encumbrance to be made on the Property, except for obtaining <br />funds needed to make the improvements constituting the Project. <br />Before securing any financing by mortgage or similar lien instrument with regard to any part <br />of the Property, the Developer shall notify the Commission. The Developer shall promptly notify <br />
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