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b. To the extent permitted by law, Declarant will give preference in the rental <br />of rental housing units in the Project which become vacant in the following order of <br />priority (the "Orono Preference Requirement"): <br />To persons who are residents or former residents of the City; <br />ii. To persons who have a child who is a resident of the City; <br />iii. Persons who have at any time been full time employees of the City <br />or an agency or department of the City; and <br />iv. Persons who are residents or former residence of the City of Long <br />Lake. <br />The Orono Preference Requirement will apply only if there is a waiting list for <br />available housing units. <br />Except for the Senior Housing Restriction and the Orono Preference Requirement <br />Declarant will not discriminate upon the basis of race, color, creed, religion, ancestry, national <br />origin or sex, affectional preference, disability, marital status or status with regard to public <br />assistance, in the lease, or rental or in the use or occupancy of the Project. Any use of the Project <br />not authorized by this Section will be subject to the prior written approval of the HRA, which it <br />may deny in its absolute discretion. <br />4. Term. The restrictions and covenants of this Declaration will remain in effect <br />beginning on the Effective Date, and ending on the earlier of (i) December 31, 2042; or (ii) one <br />(1) year after the date of the substantial loss or destruction of the Property caused by fire, <br />windstorm, tornado, flood or other casualty, if the Project is not rebuilt within such year (the <br />"Term"). At the expiration of the Term, this Declaration will be null, void and of no further <br />force or affect without any further action, instrument or acknowledgment by the parties. <br />5. Covenants Running With the Land. Declarant hereby agrees that it is the <br />express intent that each of the affirmative and negative covenants and restrictions set forth above <br />shall be construed to be, deemed, and is hereby declared to be a covenant running with the <br />Property and that the benefit and burden of such covenants and restrictions shall pass to, and be <br />binding upon Declarant's successors and assigns and shall be perpetual during the Term. Each <br />and every contract, lease, conveyance, agreement or other instrument hereafter executed <br />covering or conveying the Property or any part or portion thereof shall conclusively be held to <br />have acquired such interest in the Property or any portion thereof subject to the encumbrance of <br />this instrument, regardless of whether or not such instrument is set forth or referred to, or <br />specifically agreed to be performed by any such transferee, in any such contract, lease, <br />conveyance, agreement or other such instrument. <br />6. Remedies, Enforceability. In the event of a violation, or attempted violation of <br />any of the covenants or restrictions above, the HRA may institute and prosecute any proceeding <br />at law or in equity to abate, prevent or enjoin any such violation or to specifically enforce the <br />100354123 } <br />3 <br />