SENT BY “PHOSS74O0U*FAXG899444 = «1-39-99: 15:39 -LIDSTUNEYOL \GANDERSO- Prjority 7. The Covenantor shall use its best efforts to obtain priority for this Covenant over any financial charge previously registered against utle to the Land. Furths: Documents 8. The Covenantor shall execute and deliver or use its best efforts to cause to be executed and delivered any such further documents as may be necessary to give effect to this Covenant. Time of th senc Time shall be of the essence of this Covenant. Wer 10. Nothing in this Covenant or in the City’s acceptance of this Covenant shall affect the rights and powers of the City under any statutes, bylaws, resolutions or other authorities, all of which may be exercised as though this Covenant had not been made. Non-Enforcement 11. The City shall be under no obligation to e: .urce any of the provisions of this Covenant. Notice 12. Whenever provision is made for notice to be given to the Covenantor under this Covenant, notice shall be deemed to have been given when delivered personally to an officer or director of the Cavenantor or when mailed by prepaid registered mail to the registered or records office of the Covenantor, on the fourth day following the date of mailing. Severability 13. if any section or lesser portion of this Covenant is held invalid for any reason, the invalid portion shall be severed from this Covenant and the validity of the remainder ot the Covenant shall not be affected. Amendment and Waiver 14. No amendment or waiver of any provision in this Covenant shall be valid unless it is made in writing and executed on behalf of the Covenantor and the City. 108