Common use of Covenants; Equitable Servitudes Clause in Contracts

Covenants; Equitable Servitudes. (a) OHA and Declarant hereby declare their express intent that throughout the Use Restriction Period the covenants, restrictions, charges and easements set forth herein, including the Use Restrictions, will be deemed covenants running with the Property and will create equitable servitudes running with the Property, and will pass to and be binding upon OHA’s and Declarant's successors in title including any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein and upon the respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein. (b) Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein (other than a residential rental agreement or residential lease for a Housing Unit) will contain an express provision making such conveyance subject to the covenants, restrictions, charges and easements contained herein; provided, however, that any such contract, deed or other instrument will conclusively be held to have been executed, delivered and accepted subject to such covenants, regardless of whether or not such covenants are set forth or incorporated by reference in such contract, deed or other instrument. (c) Any and all legal requirements for the provisions of this Declaration to constitute restrictive covenants running with the Property and applying to the Project as a whole, or to create equitable servitudes with respect to same in favor of OHA, are deemed satisfied in full. (d) The consent of any recorded prior lien holder on the Project, including the Property, is not required in connection with recording this Declaration, or if required, such consent has been or will be obtained by Declarant.

Appears in 3 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

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Covenants; Equitable Servitudes. (a) OHA and Declarant hereby declare their express intent that throughout the Use Restriction Period the covenants, restrictions, charges and easements set forth herein, including the Use Restrictions, will be deemed covenants running with the Property and will create equitable servitudes running with the Property, and will pass to and be binding upon OHA’s and Declarant's successors in title including any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein and upon the respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein. (b) Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein (other than a residential rental agreement or residential lease for a Housing Unit) will contain an express provision making such conveyance subject to the covenants, restrictions, charges and easements contained herein; provided, however, that any such contract, deed or other instrument will conclusively be held to have been executed, delivered and accepted subject to such covenants, regardless of whether or not such covenants are set forth or incorporated by reference in such contract, deed or other instrument. (c) Any and all legal requirements for the provisions of this Declaration to constitute restrictive covenants running with the Property and applying to the Project as a whole, or to create equitable servitudes with respect to same in favor of OHA, are deemed satisfied in full. (d) The consent of any recorded prior lien holder on the Project, including the Property, is not required in connection with recording this Declaration, or if required, such consent has been or will be obtained by Declarant.

Appears in 1 contract

Samples: Grant Agreement

Covenants; Equitable Servitudes. (a) OHA OHCS and Declarant Owner hereby declare their express intent that throughout the Use Restriction Period Affordability Period, the covenants, restrictions, charges and easements set forth herein, including the Use Affordability Restrictions, will be deemed covenants running with the Property Project and will create equitable servitudes running with the PropertyProject, and will pass to and be binding upon OHA’s OHCS' and DeclarantOwner's successors in title including any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein and upon the respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein. (b) Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein (other than a residential rental agreement or residential lease for a Housing Unitdwelling unit) will contain an express provision making such conveyance subject to the covenants, restrictions, charges and easements contained herein; provided, however, that any such contract, deed or other instrument will conclusively be held to have been executed, delivered and accepted subject to such covenants, regardless of whether or not such covenants are set forth or incorporated by reference in such contract, deed or other instrument. (c) Any and all legal requirements for the provisions of this Declaration Agreement to constitute restrictive covenants running with the Property Project and applying to the Project as a whole, or to create equitable servitudes with respect to same in favor of OHAOHCS, are deemed satisfied in full. (d) The consent of any recorded prior lien holder on the Project, including the Property, is not required in connection with recording this DeclarationAgreement, or if required, such consent has been or will be obtained by DeclarantOwner.

Appears in 1 contract

Samples: Publicly Supported Housing Preservation Declaration of Restrictive Covenants

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Covenants; Equitable Servitudes. (a) OHA ODHS and Declarant Grantee hereby declare their express intent that throughout the Use Restriction Habitability Period the covenants, restrictions, charges and easements set forth herein, including the Use Restrictions, herein will be deemed covenants running with the Property and will create equitable servitudes running with the Property, and will pass to and be binding upon OHA’s ODHS' and DeclarantGrantee's successors in title including any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein and upon the respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title or interest therein. (b) Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein (other than a residential rental agreement or residential lease for a Housing UnitProject unit) will contain an express provision making such conveyance subject to the covenants, restrictions, charges and easements contained herein; provided, however, that any such contract, deed or other instrument will conclusively be held to have been executed, delivered and accepted subject to such covenants, regardless of whether or not such covenants are set forth or incorporated by reference in such contract, deed or other instrument. (c) Any and all legal requirements for the provisions of this Declaration Agreement to constitute restrictive covenants running with the Property and applying to the Project as a whole, or to create equitable servitudes with respect to same in favor of OHAODHS, are deemed satisfied in full. (d) The consent of any recorded prior lien holder on the Project, including the Property, is not required in connection with recording this DeclarationAgreement, or if required, such consent has been or will be obtained by DeclarantGrantee.

Appears in 1 contract

Samples: Grant Agreement

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