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r <br /> The Recipient is required to execute and file for record a deed restriction, covenant <br /> running with the land or similar arrangement that will assure to HUD's satisfaction, <br /> compliance with the twenty-year term of commitment and a lien against the property, in <br /> a form to be approved by HUD, to secure HUD's interest in the repayment of the grant. <br /> If the Recipient and/or subrecipient wishes to sell or otherwise dispose of the assisted <br /> real property, they must request and receive written approval from the Department to <br /> dispose of the real property, advertise that disposition conditions apply to the assisted <br /> property, and abide by any other terms or conditions prescribed by HUD in the approval <br /> letter. <br /> For projects involving acquisition, compliance with the recording requirement must be <br /> documented before release of any funds other than acquisition funds. For projects <br /> involving new construction or rehabilitation activities, compliance must be documented <br /> prior to the first release of federal funds . Evidence will be an original, executed <br /> document, in a form satisfactory to HUD, accompanied by a recording receipt. Upon . <br /> completion of recordation, Recipient will provide HUD with an original, executed, <br /> recorded 'document. <br /> A default shall consist of any use of grant funds for a purpose other than as authorized by <br /> this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the <br /> minimum term in accordance with the requirements of the Attachment A provisions, <br /> noncompliance with the Act or Attachment B provisions, any other material breach of the Grant <br /> Agreement, or misrepresentations in the application submissions which, if known by HUD, would <br /> have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence <br /> of any such default and the provision of a reasonable opportunity to respond, HUD may take one <br /> or more of the following actions . <br /> (a) direct the Recipient to submit" progress schedules for completing approved <br /> activities; or <br /> (b) issue a letter of warning advising the Recipient of the default, establishing a date by <br /> which corrective actions must be completed and putting the Recipient on notice that <br /> more serious actions will be taken if the default is not corrected or is repeated; or <br /> (c) direct the Recipient to establish and maintain a management plan that assigns <br /> responsibilities for carrying out remedial actions; or <br /> (d) direct the Recipient to suspend, discontinue or not incur costs for the affected <br /> activity; or <br /> (e) reduce or recapture the grant; or <br /> (f) direct the Recipient to reimburse the program accounts for costs inappropriately <br /> charged to the programs or <br /> (g) continue the grant with a substitute Recipient of HUD's choosing; or <br /> (h) other appropriate action including, but not limited to, any remedial action legally <br /> available, .such as affirmative litigation seeking declaratory judgment, specific <br /> performance, damages, temporary or permanent injunctions and any other available <br /> remedies. <br /> www.hud.gov espanol.hud.gov Page 3 <br />