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1/13/2014 12:25:40 PM
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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 prohibition provided in this subsection does not prohibit the sale or lease of portions of <br />the Project, as contemplated in the Site Plan approved by the Commission and attached to this <br />Contract as Exhibit B. <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 Obligations. 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 IX. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES. <br />A. Mortgage and Other Encumbrance of Propert y: Before securing any financing by <br />mortgage or similar lien instrument with regard to any part of the Property, the Developer shall <br />notify the Commission. The Commission understands that any interest it may retain in the Property <br />will be subordinate to the interest of a mortgagee. In addition, the Developer shall promptly notify <br />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 />dms.us.53213138.03 7 <br />
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