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<br />and controlling development location and design in accordance with the common scheme of
<br />development within the Waterstone Project, in order to ensure that the development of the
<br />Orange County Campus, DTCC Property is consistent, in concept and in design, with the later
<br />developed remainder of the Waterstone Project, and to preserve the value of that Project. To the
<br />extent necessary, any owner of the Orange County Campus, DTCC Property shall cooperate and
<br />take such actions as aze necessary and proper to subordinate its interest in the Orange County
<br />Campus, DTCC Property to the encumbrance of any later recorded master declaration for the
<br />Waterstone Project, for the limited purposes described herein, provided however, that no such
<br />master declaration shall prohibit use of the Orange County Campus, DTCC Property as provided
<br />for herein, and no such master declaration shall prohibit project design on the Orange County
<br />Campus, DTCC Property that would be acceptable under the Orange County Campus, DTCC
<br />Property Design Guidelines,
<br />4.02. Waterstone Owners' Association. It is anticipated that there shall be established
<br />under a master declazation for the Waterstone Project, a Waterstone Owners' Association (the
<br />"Owners' Association"), which may be established as a North Carolina non-profit membership
<br />corporation, and which Owners' Association may be comprised of member owners having
<br />voting rights in said Owners' Association. Nothing in this Declaration shall be construed as
<br />requiring that any owner of the Orange County Campus, DTCC Property shall be a member of
<br />such Owners' Association or that any such owner be required to pay and fees, dues, assessments
<br />or special assessments established or imposed by the Owners' Association, That said, to the
<br />extent a master declaration is recorded so as to encumber the Orange County Campus, DTCC
<br />Property, and to the extent that an Owners' Association is created for properties covered by that
<br />master declazation, the owner of the Orange County Campus, DTCC Property shall, in such
<br />owner's sole discretion, have the right to become a voting and dues-paying member of that
<br />Owners' Association, subject to all applicable rules and regulations governing such members,
<br />ARTICLE 5
<br />MISCELLANEOUS
<br />5,01, Independence of Provisions, The provisions and Covenants contained in this
<br />Declazation shall be deemed independent and severable, Invalidation or partial invalidation of
<br />any provision or Covenant in this Declaration by judgment or court order shall not affect any
<br />other contained in this Declazation, and the remaining provisions and Covenants shall remain in
<br />full force and effect,
<br />5.02. Amendment, The provisions and Covenants in this Declazation may be amended
<br />or terminated at any time in the sole discretion of Declarant, its successors or assigns, including
<br />but not limited to any subsequent Owners' Association as may be established for the Waterstone
<br />Project, No such amendment(s) shall become effective until the instrument evidencing such
<br />change has been filed of record, To the extent necessary, any owner of the Orange County
<br />Campus, DTCC Property shall cooperate by joinder to take such actions as aze necessary and
<br />proper to amend or terminate this Declazation, provided however, that in no event shall any such
<br />owner be required to ,join in or approve an amendment which would prohibit the use of the
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