Orange County NC Website
Browse       Search
90 <br /> contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to the <br /> foregoing, the Association shall have the right, at its option, whenever there shall have been built <br /> on any Lot any structure which is in violation of these restrictions, to enter upon such Property <br /> were such violations exist, and summarily abate or remove the same at the expense of the Owner, <br /> if after thirty (30) days written notice of such violation, it shall not have been corrected by the <br /> Owner. Any such entry, abatement, or removal shall not be deemed a trespass. The failure to <br /> enforce any covenants, restrictions, reservations or conditions contained in these Restrictions, <br /> however long continued, shall not be deemed a waiver of the right to do so thereafter as to the <br /> same breach, or as to a breach occurring prior or subsequent thereto and shall not bar or affect its <br /> enforcement. <br /> Section 2. COST OF ENFORCEMENT. Should the Association employ counsel to <br /> enforce any of the foregoing covenants, conditions, reservations, or restrictions, or re-entry, by <br /> reason of such breach, all costs incurred in such enforcement, including a reasonable fee for <br /> counsel, shall be paid by the Owner of such Lot or Lots, and the Association shall have a lien <br /> upon such Lot to secure payment of all such claims. <br /> Section 3. SEVERABILITY. Invalidation of any one of these covenants or restrictions <br /> by judgment or court order shall in no manner affect any other provisions which shall remain in <br /> full force or effect. <br /> Section 4. LOTS SUBJECT TO DECLARATION. All present and future owners, <br /> tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply <br /> with the provisions of the Declaration, and as the Declaration may be amended from time to <br /> time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into <br /> occupancy of any lot shall constitute an agreement that the provisions of the Declaration are <br /> accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this <br /> Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of <br /> any lot, their respective legal representatives, heirs, successors and assigns, and shall run with <br /> and bind the land and shall bind any person having at any time any interest or estate in any lot as <br /> though such provisions were made apart of each and every deed of conveyance or lease. The <br /> covenants and restrictions of this Declaration are to run with the land and be binding on all <br /> persons and parties with an interest in the Property. <br /> Section 5. AMENDMENT OF DECLARATION. Except as herein provided, the <br /> covenants and restrictions of this Declaration may be amended by an instrument signed by two- <br /> thirds (2/3) of each class of Members recorded in the Orange County Register of Deeds. <br /> Declarant's power to amend this Declaration as provided in Section 6 of this Article shall not <br /> require the consent of the Class A members and shall be valid when signed by the Declarant and <br /> recorded in the Orange County Register of Deeds. <br /> Section 6. AMENDMENT BY THE DECLARANT. The following amendments may <br /> be effected by the Declarant, or the Board, as the case may be, without consent of the members; <br /> A. Prior to the sale of the first lot, this Declaration may be amended by the Declarant. <br /> 737112.ARC.25437.T26258 16 <br />