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<br />all or any part of the costs incurred by the enforcement thereof, including but not limited to <br />reasonable attorney's fees, costs and expenses. <br /> <br />5.4 Invalidation. Invalidation of any of these covenants or restrictions by judgement or by <br />court order shall not effect any of the other provisions which shall remain in full force and effect. <br /> <br />ARTICLE VI <br /> <br />General Provisions <br /> <br />6.1 Enforcement. Enforcement of the terms and conditions of this Declaration shall be by <br />proceedings at law or in equity, either to restrain violation or to recover damages against any <br />person or persons violating or attempting tQ violate any covenant, restriction or condition. <br /> <br />6.2 Severability. The invalidation of anyone of these covenants or restrictions by <br />legislation, judgement or court order shall in no way effect any other provision which shall remain <br />in full force and effect. <br /> <br />6.3 Amendments. The provision of this Declaration may be amended by an Amendment <br />to Declaration, signed by no less than 67% of the Owners of the Lots subject to tills Declaration. <br />No amendment shall be effective until it shall have been properly recorded. Amendments or <br />modifications of any permit by the City of Centerville shall not be construed as an amendment to <br />this Declaration for purposes of this paragraph. In the event FHNV A subdivision approval is <br />obtained for the Property, amendment of this Declaration shall require the prior approval of the <br />Federal Housing Administration or the Veterans Administration. <br /> <br />6.4 Term and Limitation on Declaration. These Covenants, restrictions and conditions <br />are to run with the premises and shall be binding on all parties and all persons claiming them until <br />December 31,2010. <br /> <br />6.5 Rights of Declarant. Until the last Lot is sold and conveyed to an Owner other than <br />the Declarant, the following activities by Declarant, or with the written consent of Declarant, will <br />not be deemed violations of restrictions contained in this Declaration: <br /> <br />(a) The use of a Lot or Lots for model and sales office purposes; <br /> <br />(b) The storage of a construction trailer, equipment, materials, and earth during <br />the construction of New Living Units; <br /> <br />(c) The display of signs, not larger than 16 Sq', advertising the Property or New <br />Living Units and the maintenance of temporary fencing, walkways, landscaping and <br />berming in the vicinity of model and sales units; <br /> <br />(d) The Developer shall have the right to prohibit, stop or remedy any action to be <br />taken, being taken, or taken by an Owner, if such action is or may be in violation of this <br />Declaration or has or may have a detrimental effect on Developer because of the <br />Developer's agreements with the City of Centerville and the Development Agreement. <br /> <br />10 <br />