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~ therewith by injunction or other .suit or other~vise may be brought ~
. zt the op~ion oF HoMeotivners Ass~ciation, its suGcessors ar assYgns, ~
oi• anS~ othe~ lot owner, or Aqua Rabella Associates. The failure ~
i or on?ission to briao such suit ox• take such other pz•oceedings as ~
~ may be deemed necessary shall not be held to be a waiver of any
~i rights by Ho~eo~vners Association or Aqua Rabella Associates, its ~
, successors or assigns, or of any lot owner to enforce compliance
~i: ~~ith these conditions.
.
i~ 18. There is expressly reserved to Aqua Rabella Associates,
! or its assi~ns, or Homeo~vnei•s Association, either af tI~em acting
{ individually, the right to release any of these restrictions or ~
~ provisions upon their own petition or the petition of any lot ~
' o~vner. Exceot, however, Homeo~vners Association has no authority
} to release any restrictions regardiag the provisions of the recre-
~ ation lease, or the lien_created by paragraph 10 hereof, or the
, easeaent mentioned in paragragh 14 hereof. The release of any
i one res~riction, or re~trictions, for any lot owner shall not be
I deemed to b2 a release of those restrictioas for any other lot
~ o~vner, and shall not be deeQed a_precedent to require the release
of same restriction or restrictions for any other lot owner oa
their petition. ~
19. Invalidation of any one of these covenaats by judgment
~ or court ordar shall in no wise affect any of the other provisions
but shall remain in fu21 force and effect.
20. The restrictions provided for herein shall be real
cc~venants and shall run with the land and be included in all future
~ contracts an3 deeds until the year 2000, except that the right-of
i.way for utilities as mentioned in paragraph 14, the right to rent
and maintenance under the recreational lease mentioaed herein; the
right of the Homeowners Association to make assessments uader para
graph 11 hereof, and the liens against any premises'for failure to
~ pay said rent, mainteaance fee, or assessments under paragraph 11
hereof, will aot then terminate, but sha11 continue by and at the
pleasure of Aqua Rabella Associates, its successors and a.ssigns, _
as to the rent and maintenance and to the Homeowners Associatioa =
~ as to the assessments under paragraph 11, hereof.
IN riTNESS ~tiHEREOF, the said Grantor has signed and sealed
these presents the day and year first above written.
p
~ - . ,
( Sigaed, sealed and delivered AQUA RABELLA, Ih'C. ~
in our presence: _
K! By : ~C~ r ~
Its ice esiden :
- ;
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f ~
; _ Y-.
I (CORPORATE SEAL1
; STATE OF ~
FI.nR
T nA _
COUNTY OF 11'IARTIN
I
Before me pzrsonally appeared PHILIP J. TIBBETTS, SR. ,
~ ~ to me ~vell kao~vn and kno~vn to me to be the Vice President of
i AQUA RABELLA, INC., the corporation named in t e oregoina instru-
~`ment, and finown to me to be the person who.as such officer of said
corporation, executed the same; and then and there the said
~ Philip J. Tibbetts. Sr.did acknowledge_hefQre me that said instru.-~
~ i ment zs the free act and deed of said corporation by him e~~,t~d
as such officer for the purpose~ therein expressed; that~~~ ~~.~a`~'~~,, !
~ „ thereunto attached is the corporate seal by hi~z in like~~~~a~~fty.,~ °
affixed; all under authority in him duly vested by the'~~trd.;of
Q ~ Directors of said corporation. - = G~%
(i . = ~ v - _
~ 1YIT~tESS my hand and of4icial seal this ~day~o~ ~ -
~ ; ~anuarv _ , Z974. . •.,,.,Q '
ti;>~.,,~• . , '>r ~
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