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HomeMy WebLinkAbout1087 ~ ~ . i ' ~ M therewith by in~unction or other suit or otheraise may be brought j at tde option of Homeowaers Associat~on, its successors or assigns, ~ or any other lot owner, or Aqua Rabella Associates. The failure ' or omissfoa to bring such suit or take such other proeeedings as • ~ miy be deemed necessary shall aot be held to be a waiver of any r ghts by Homeowners Association or Aqua Rabella Associates, its + successors or assigas, or of any lot owner to enforce compliance ; with these conditions. ; . I : 18. There is expressly reserved to Aqua Rabella Associates, I or its assigns, or Homeowners Association, either of them acting ( individually, the right to release any of these restrictions or ~ , provisions upon their own petition or the petition of any lot T i oarner. Txcept, however, Homeowners Association has ao authori~y to release any restrictions regarding the provisions of the recre- atioa lease, or the lien created by paragraph 10 hereof, or the ~ easemeat meationed in paragraph 14 hereof. The release of any ~ one restrictioa, or restrictions, for any lot owner shall not be deemed to be a release of those restrictions for any other lot i owner, and shall not be deemed a precedent to require the release ~ of same restriction or restrictions for any other lot owner oa their petition. : - ~ . i~ 19. Iavalidation of any one of these covenants by judgment , or court order shall in no wise affect any of the other provisions but shall remain in full force and effect. • 20. The restrictions provided for herein shall be real covenaats and shall run with the land aad be included in all future contracts and.deeds until the year 2000, except that the right of way for utilities as mentioned in paragraph 14, the right to rent and maintenance under the recreational lease mentioned herein; the right of the Homeowners Association to make assessments under para graph 11 hereof, and the liens against any premises for faiZure to pay said rent, maintenance fee, or assessments under paragraph 11 hereof, will aot then terminate, but shall continue by and at the pleasure of Aqua Ra,bella Associates, its successors and assigns, as ta the reat and maintenance and to the Homeowners Association as to the assessm~nts under paragraph 11, hereof. IN WITNBSS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered AQUA RABELLA, INC. ,i our presence: ~ • _q -1f~?~,e-,-,-.~ gy ; r ' 1 . , . , Its Presideat J cJ . --d ~ _ • • r ' ~ t/ • G ~ ' ~ , (CORPORATE SEAL) " ~ ~ STATE OF ~i~~e~+~ COUNTY OF Before me personaZly appeared ~ ~ to me well kaown and known to me to be the .of AQUA RABELLA, INC., the corporation named in e orego ng instru- ment, and known to me to be the person who as such officer of said ~ cqrporation executed the same; and then and there the said . ~ ' did acknowledge before me that said instru- ment is the fr act and deed of said corporation by him executed as such officer for t6e purposes therein expressed; that the seal j~~~~~~ thereunto attached i~ the corporate seal by him in like capacity '~~~ffixed; all under autho~ity ~n him duly vested by the Board of ;;3;~• ~ : ~~~~ectors of said corporation. t ' '-i,l( ~ ` ~~t~~T' .cr';, A r~:~: _ WITNESS my hand and official seal this day of ~ Q , i 9~s. 7~ ' L• ~iu.t.d.a> '~;commi~esio }i~a'f °jc...:,: ~f 4 - , . : r.~., ~~~~~~I~hck~biva~~ew~rr-~.o.o~wcRSS. u~Rr.r~oRroaa~sos o _ - i If.SJ'nIN!f ~±~iDE:..:;•~RS