Article Fifteen

No Annual Meeting Scheduled

ARTICLE XV
GENERAL PROVISIONS

15.1. The provisions of this Declaration shall run with the land and bind
the Project, and shall inure to the benefit of and shall be enforceable by the Association
or the Owner of any Lot subject to this Declaration, their respective legal represen
tatives, heirs, successors and assigns, for a term of forty (40) years from the date this
Declaration is recorded, after which time the provisions of this Declaration shall be
automatically extended for successive periods of ten (10) years, unless an instrument,
signed by sixty-six and two-thirds percent (66-2/3%) of the then Owners of Lots, has been
recorded within six (6) months of the anticipated termination date. The contents of such
instrument shall contain the agreement to terminate this Declaration as it may be
supplemented in whole or in part.

15.2. An Ownership interest may pass from the estate of a deceased
person to more than one person; provided, however, that only one living individual shall be
entitled to have Membership privileges in the Association derived from such Ownership.

15.3. In the event any limitation, restriction, condition, covenant or
provision contained in this Declaration is to be held invalid, void or unenforceable by any
court of competent jurisdiction, the remaining portions of this Declaration shall,
nevertheless, be and remain in full force and effect.

15.4. The provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the development of a residential
community.

15.5. In the event Declarant shall convey all of its right, title and interest
in and to the Project to any partnership, individual or individuals, corporation or
corporations, then and in such event, Declarant shall be relieved of the performance of
any further duty or obligation hereunder, and such partnership, individual or individuals,
corporation or corporations, shall be obligated to perform all such duties and obligations
of the Declarant.

15.6. The singular shall include the plural and the plural the singular
unless the context requires to the contrary, and the masculine, feminine and neuter shall
each include the masculine, feminine or neuter, as the context requires.

15.7. Each Owner, by acceptance of a deed shall be deemed to have
agreed that Declarant shall have no liability whatsoever resulting from any term or
provision thereof having been held to be unenforceable in whole or in part.

15.8. Each grantee of a conveyance or purchaser under a contract or
agreement of sale, by accepting the deed or contract of sale or agreement of purchase,
accepts the same subject to all of the limitations, restrictions, conditions and covenants,
and agreements set forth in this Declaration, and agrees to be bound by the same.

15.9. Every act or omission whereby any covenant, restriction or condition
in this Declaration is violated in whole or in part is hereby declared to be a nuisance and
may be enjoined or abated by Declarant or by the then Owner or Owners of any Lot within
the Project Remedies specified in this Declaration shall be deemed cumulative and in
addition to any others now or hereafter existing as a matter of law. The failure of
Declarant, any Owner, or the Association to enforce any of the covenants, restrictions or
conditions contained herein shall not be deemed a waiver of the right to enforce the same
thereafter or to enforce any other covenant, restriction or condition herein.
IN WITNESS WHEREOF, the undersigned, deemed the Declarant herein, has
hereunto set its hand and seal this 1 st day of March 1983,

M.J. BROCK & SONS, INC.
a Delaware corporation
BY THEODORE E. COX
Vice President/Division Manager

 

 

 

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