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04-09-10 Packet
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the Commission of any encumbrance that has been attached to the Property, whether by the <br />Developer's voluntary act or otherwise. <br />For any mortgage financing made under this Contract, the Property may, at the Developer's <br />option, be divided into several parts if such subdivision: <br />1. in the Commission's opinion is not inconsistent with the purpose of the Plan, <br />the Project and this Contract; and <br />2. is approved in advance in writing by the Commission. <br />Any subdivision under this section must also be approved by any other local government <br />agencies whose action is required for such subdivision under local or state law. <br />B. Mortpa~ee Not Obligated to Construct. Notwithstanding any of the provisions of this <br />Contract, any mortgage holder authorized by the Contract shall not be obligated by this Contract to <br />construct or complete the Project or to guarantee such construction or completion. No covenants or <br />provisions in the Deed shall be construed so to obligate such holder. Nothing in this Contract shall <br />be construed to permit or authorize any such holder to use the Property in any manner not provided <br />for or permitted in the Plan or this Contract or to construct any improvements other than those <br />provided for or permitted in the Plan or this Contract. <br />C. Copy of Notice of Default to Mortgagee. Whenever the Commission delivers a <br />notice or demand to the Developer with respect to any breach or default under this Contract the <br />Commission shall at the same time forward a copy of such notice or demand to each holder of any <br />mortgage authorized by the Contract at the last address of such holder as shown in the records of the <br />Commission. <br />D. Mortgagee's Option to Cure Defaults. After any breach or default referred to in <br />subsection C, above, each such holder shall have the right at its option: <br />to cure or remedy such breach or default to the extent that it relates to the part <br />of the Property covered by its mortgage; and <br />2. to add the cost of doing so to the mortgage debt and the lien of its mortgage. <br />Such holder shall not undertake or continue the construction beyond the extent necessary to <br />conserve or protect those improvements or construction already made without first having expressly <br />assumed the obligation to complete the construction on the property. <br />This assumption shall be made by written agreement pursuant to terms and conditions <br />satisfactory to the Commission. Any holder who properly completes the Project shall be entitled to <br />request a Certificate of Completion under the same terms and conditions provided for the Developer <br />under Section V. <br />9 <br />
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