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