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Developer will acquire property with NSP3 funds at a minimum discount of one percent for each <br /> foreclosed residential property . This requirement applies to all properties purchased with NS133 funds, <br /> and the discount must be taken from the current market appraised value . <br /> XI . EMINENT DOMAIN <br /> Developer will not undertake any involuntary acquisition of property with NSP3 funds without prior <br /> written consent of the Grantee and written opinion of counsel that such acquisition is lawful . <br /> XII . SEVERABILITY <br /> If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected <br /> thereby, and all other parts of this Agreement shall nevertheless be in full force and effect . <br /> XIII . SECTION HEADINGS AND SUBHEADINGS <br /> The section headings and subheadings contained in this Agreement are included for convenience only <br /> and shall not limit or otherwise affect the terms of this Agreement . <br /> XIV . WAIVER <br /> Grantee' s failure to act with respect to a breach by Developer does not waive its right to act with <br /> respect to subsequent or similar breaches . The failure of Grantee to exercise or enforce any right or <br /> provision shall not constitute a waiver of such right or provision . <br /> F :\Community Development\CDBG\2010 NSP\CONTRACTS\Developer Agreement\Amendment #2\Habitat for Humanity NSP3 Agreement - <br /> Amended and Re-stated #2 V2.doc <br /> 29 Page Amended and Re-stated NSP3 Developer Agreement : August 20 . 2013 <br />