4.5.23 PB Packet - Final - Laserfiche WebLink

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133 applicable thereto)or remove such damaged Improvements and restore the Lot to its condition existing prior to the construction of such Improvements. Notwithstanding anything contained herein to the contrary, the above-described maintenance responsibilities as to any Lot shall commence only upon a Plat showing such Lot being recorded in the Office of the Register of Deeds of Chatham County and upon the conveyance of such Lot by Declarant. If an Owner of any Lot has failed in any of the duties or responsibilities of such Owner as set forth herein,then the Board and Declarant,either jointly or severally,may give such Owner written notice of such failure,and such Owner must,within ten(10)days after receiving such notice (which notice shall be deemed to have been received upon deposit in an official depository of the United States mail,addressed to the party to whom it is intended to be delivered, and sent by certified mail,return receipt requested),perform the care and maintenance required or otherwise perform the duties and responsibilities of such Owner as described herein. Provided, however,this cure period shall be extended for a time not to exceed sixty(60) days so long as Owner shall have commenced to cure such nonconformity and shall diligently prosecute the same. Should any such Owner fail to fulfill this duty and responsibility within such period, then the Association, acting through its authorized agent or agents, or Declarant (until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot within Eden View Acres),acting through its authorized agent or agents,either jointly or severally,shall have the right and power to enter onto the premises of such Owner and perform such care and maintenance without any liability for damages for wrongful entry,trespass or otherwise to any Person. The Owner of the Lot on which such work is performed shall be liable for the cost of such work, together with interest on the amounts expended by the Association or Declarant in performing such work computed at the highest lawful rate as shall be permitted by law from the dates such amounts are expended until repayment to the Association or Declarant,as the case may be,and for all costs and expenses incurred in seeking the compliance of such Owner with his duties and responsibilities hereunder,and such Owner shall reimburse the Association or Declarant,as the case may be,on demand for such costs and expenses(including interest as above provided). If such Owner shall fail to reimburse the Association or Declarant,as the case may be,within thirty(30)days after the mailing to such Owner of a statement for such costs and expenses,then,without limitation of any other rights of the Association or Declarant, the Association may impose a Special Individual Assessment against such Owner for the amount owed. Section 2. Duration . This Declaration and the controls,covenants,restrictions and standards set forth herein shall run with and bind the Property and any Owner,and shall inure to the benefit of every Owner of a Lot in the Property and every Owner of any other portion of the Property,including Declarant, and their respective heirs,successors,and assigns,for a term of thirty(30)years beginning on the date this Declaration is recorded in the Office of the Register of Deeds of Chatham County,North Carolina. At the end of such thirty (30)year period, the easements, covenants, conditions and restrictions set forth herein shall automatically be extended for successive periods of ten (10) additional years,unless prior to the expiration of a respective period,by a vote of no less than eighty percent(80%)of all votes entitled to be cast by the Association Members,there shall be adopted a resolution to terminate these covenants and restrictions. Owners may vote in person or by proxy at a meeting duly called for such purpose at which a quorum is present,written notice of which shall have been given to all Owners at least thirty(30)days in advance of the date of such 40