Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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• ARTICLE XIII GENERAL PROVISIONS A. Revocation and Amendment. For so long as the Declarant, its successors and/or assigns, shall own any"Declarant's Property", Declarant, its successors and/or assigns, shall have the right to revoke and/or amend any of the terms and provisions of the Declaration, so long as such revocation and/or amendment is not in violation of the ordinances of the County of Durham, North Carolina. Any such amendment or revocation shall be effective when duly recorded in the Office of the Register of Deeds of Durham County, North Carolina. Thereafter, the Declaration shall not be revoked nor shall any of the terms and provisions thereof be amended unless approved in writing by at least sixty-six and two-thirds percent (66-2/3%) of the Members voting in person or by proxy on such matter at a meeting called for such purpose, written notice of which shall be given to all Members at least thirty(30) days in advance and shall set forth the purpose of the meeting. Any such amendment and/or revocation must not be in violation of the ordinances of the County of Durham, North Carolina. Any such amendment or revocation shall be effective when duly recorded in the Office of the Register of Deeds of Durham County,North Carolina. B. Term. The covenants, conditions and restrictions of the Declaration shall run with and bind the land subject to the Declaration,and shall inure to the benefit of and be enforceable by the Owners, the Declarant and/or the Association and their legal representatives, successors and assigns, for the term of thirty (30) years from the date of the Declaration is recorded in the • Office of the Register of Deeds of Durham County, North Carolina, after which time the Declaration shall automatically be extended for successive periods of ten(10)years unless an instrument signed by the majority of the then Owners of the Lots has been recorded in the Office of the Register of Deeds of Durham County, North Carolina, agreeing to change the Declaration in whole or in part. C. Severability and Governing Law. Invalidation of one or more of the terms and provisions of the Declaration by judgment or court decree/order shall not affect any other provisions,all of which shall remain in full force and effect. The terms and provisions of this Declaration shall be construed and enforced in accordance with the laws of the State of North Carolina. D. Waiver of Enforcement and Enforcement. Waiver of enforcement of any provision contained in the Declaration shall be limited to that particular provision and shall not be construed to be a waiver of any other provision. All waivers shall be in writing. Enforcement of any of the terms and provisions of the Declaration shall be by proceedings in law or in equity against any person or persons or entity or entities violating or attempting to violate any term and/or provision,either to restrain violation or to recover damages. E. Assignment by Declarant. The Declarant shall have the right to assign its rights under the Declaration, in whole or in part,to any person or entity by an express transfer of such rights, including but not limited to,the right to transfer Declarant's powers under Article III herein to an Architectural Review Committee. (SEE ATTACHED SIGNATURE PAGES) • 23 •