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pf_02229
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Last modified
7/17/2007 11:45:32 AM
Creation date
12/8/2004 10:53:52 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2229
Planning Files - Type
Planned Unit Development
Address
2400 DALE ST N
Applicant
ROTTLUND COMPANY, INC.
Status
APPROVED
PIN
122923320002
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<br />specifications have been submitted to it, such approval will not be required <br />and this Article will be deemed to have been fully complied with. The <br />prevailing party in an action brought by the Association to enforce this <br />Article shall be entitled to recover from the other reasonable attorneys fees <br />together with all necessary costs and disbursements incurred in connection <br />therewith. <br /> <br />ARTICLE VII <br /> <br />GENERAL PROVISIONS <br /> <br />Section 1. Enforcement. The Association, or any Owner, shall have the <br />right to enforce, by any proceeding at law or in equity, all r~strictions, <br />conditions, covenants, reservations, liens and charges now or hereafter <br />imposed by the provisions of this Declaration. Failure by the Association or <br />by any Owner to enforce any covenant or restriction herein contained shall in <br />no event be deemed a waiver to the right to do so thereafter. <br /> <br />Section 2. Severability. Invalidation of anyone of these covenants or <br />restrictions by judgment or court order shall in no wise affect any other <br />provisions which shall remain in full force and effect. <br /> <br />Section 3. Amendment. The covenants and restrictions of this <br />Declaration shall run with and bind the land, for a term of twenty (20) years <br />from the date this Declaration is recorded, after which time they shall be <br />automatically extended for successive periods of ten (10) years. Except as <br />provided in ARTICLE XI to the contrary, this Declaration may be amended during <br />the first twenty (20) year period by an instrument signed by not less than <br />seventy-five percent (75%) of the Lot Owners, and thereafter by an instrument <br />signed by not less than two-thirds (2/3) of the Lot Owners. Any amendment <br />shall also require the consent of the holders of fifty-one percent (51%) of <br />the first mortgages of record with respect to Lots (based on one vote for each <br />Lot mortgaged). Any amendment must be recorded. <br /> <br />Section 4. FHA/VA ADDroval. If all or a portion of the Property <br />involves financing through the Federal Housing Administration or the <br />Department of Veteran Affairs, the following actions will require the prior <br />approval of the Federal Housing Administration or the Department of Veteran <br />Affairs as long as there is a Class B membership: Annexation of additional <br />properties, and amendment of this Declaration. <br /> <br />Section 5. Use Restrictions. <br /> <br />(a) No Lot shall be used except for residential purposes, <br />provided that Declarant shall be entitled to maintain model Living <br />Units upon the Lots during the construction and sales period. <br /> <br />-12- <br />
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