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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE VENFORCEMENT AND DURATION1. The provisions hereof shall run with and bind the land within the Subdivision, being the land described in Exhibit "A" attached hereto and made a part hereof, for a period of twenty (20) years from the date hereof, after which time they shall be extended automatically for successive periods of ten (10) years unless seventy-five percent (75%) of the total number of Owners in the Subdivision vote to expand, limit or remove any of the restrictions set forth herein. Notwithstanding anything herein to the contrary, the provisions of Paragraphs 26, 29 and 43 of Article II above shall run with and bind the land within the Subdivision in perpetuity and may not be modified, amended or removed. Declarant or the Association shall have the right at any time or times during said periods to proceed at law or in equity against any Person violating or attempting to violate any provision contained herein, to prevent or abate such violations, to compel compliance with the terms hereof, to enter upon any land within the Subdivision and correct any condition in and remove any building, structure or Improvement erected, installed or maintained in violation of the terms hereof at the Owner's expense, and to recover damages or other dues for any violation. Any such entry shall not constitute a trespass. Declarant or the Association may recover against a Owner violating the provisions of this Declaration all reasonable costs incurred by it in enforcing such provisions in any of the foregoing ways, including the cost of removing offending structures and actual attorneys fees and other litigation costs. Further, any Owner protected by the provisions of this instrument may seek enforcement of the provisions of this instrument against any Person who shall violate or attempt to violate such provisions, and such enforcement may be by proceeding at law or in equity either to restrain violations or to recover damages or both. 2. Failure to enforce any provision contained herein in any particular
instance shall not be deemed a waiver of the right to do so as to any continuing,
subsequent or other violation. |
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