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2000-03-29 Packet
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2000-03-29 Packet
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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 /> 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 /> ARTICLE VI <br /> General Provisions <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 to violate any covenant, restriction or condition. <br /> 6.2 . ev rahili y. The invalidation of any one 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 /> 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 this 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 FHA/VA 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 /> 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 /> 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 /> (a) The use of a Lot or Lots for model and sales office purposes; <br /> (b) The storage of a construction trailer, equipment, materials, and earth during <br /> the construction of New Living Units; <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 /> (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 /> 10 <br />
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