Agenda - 08-27-2012 - C2 - Laserfiche WebLink

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ARTICLE XIII GENERAL PROVISIONS A. Revacatian and Amendment. For so lang as the Declarant,its successors andlor assigns,shall own any"Declarant's Property", Declarant, its successors andtor assigns, shall have the right to revoke and/ar amend any of the terms and provisions of the Dectaa'ation, so long as snch revocation ancL�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 recarded in the Qffice of the Register af Deeds of Durham County, North Carolir�a. Thereafter, tl�e Declaration shall not be revoked nor shall any of the terms and provisions thereof be amended unless approved in writing by at least si�y-six and two-thirds percent {6b-2/3%) of the Members voting in person or by proxy on such matter at a meeting cal3ed for such gurpose, written notice of which shall be given to ali 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 Caunty of Durham, North Carolina. Any such amendment or revocation shait be effective when duly recorded in the Office of the Register of Deeds of Durham County,North Carolina. ' ' B. Term. The cavenants, conditions and restrictions di the Declaration shall run with and bind the land subject to the I7eclaration,and shall inure ko the benefit af and be enfarceable by the Owners, the Dectarant and/ar the Association and their legal representatives, successors and assigns, for the term of thirty(30}years from the date of tha Declaration is recarded in the . � Offce of the Ftegister of peeds of Durham County, North Carolina, after which time the . Declaration shall automaticafly be extended for successive periads of ten{1 b)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 Carotina, agreeing to change the Declaration in whole or in part. � - C. Severabiliry and Governin�Law. Invatidation of ona or more of tha terms and provisions of trte Declaration by judgment ar court decree/order shall not affect any other prc�visions,all of which sha(1 remain in fuIl force and effect. The terms and pravisions of this Dectaration shalt . be construed and enfarced in accordance with the laws of the State ofNorth Carolina. _ _ _ _ __ _ . D. Waiver af Enforcement and Enforcement. Waiver of enforcement of any provisiatt contained in the Declaration shall be limited to that particular provision and shall not be construed tfl be a waiver of any ather provisian. All waivers shafl be in writing. Enfprcemettt of any af the terms and provisions of the Declaration shall be by proceedings in law or in equity against any persan or persons or entity or entities violating or attempting to violate any term andJor provision,either to restrain vialation or to recover damages. E_ Assi�nment bx Declarant. The Declarant shall have ihe right to assign iks rights under the Declazation, in whole or in part,ta any person or entity hy an express transfer of such rights, including but not IimiEed to,the right tfl transfer Declarant's pawers under Article III herein to an Architectural Review Committee. �sEE�TTACH��srG��e�r�PAC�s� - , z� .