Loading...
HomeMy WebLinkAbout1993 ' i 1 i 1 i ~ therewith by in~unction or other suit or otherwiae may be brought ' at the option of Homeowners Association, its successors or aesigns, # or any other lot owner, or Aqua Rabella Associates. The failure ~ or omisaion to bring such suit or take such other proceedings as i may be deemed necessary shall not be held to be a waiver of any ,i rights 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, ~ or its assigns, or Homeowners Association, either of them acting I individually, the right to release any of these restrictions or , provisions upon their own petition or the petition of any lot owner. Fxcept, however, Homeowners Association has no authority to release any restrictions regardiag the provisions of the recre- ~I ation lease, or the lien created by paragraph 10 hereof, or the i easement mentioned in paragraph 14 hereof. The release of any ~ one restriction, or restrictions, for any lot owaer 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 on their petition. , ~ ~ 19. Invalidation of any one of these covenants by ~udgment 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 covenants 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 maintenaace under the recreational lease meationed hereia; the right of the Homeovvners Association to make assessments under para graph 11 hereof, and the liens against any premises for failure to pay said rent, maintena.ace fee, or assessments under paragraph 11 hereof, will not then termiaate, but shall continue by and at the pleasure of Aqua Rabella Associates, its successors and assigns, as to the rent and maintenance and to the Homeowaers Associatioa as to the assessments under paragraph 11, hereof. IN WITNESS WHEREOF, the said Grantor has signed and sealed ~ these presents the day and year first above written. ; i ~ ~ Sigaed, sealed and delivered AQUA R.ABELLA, INC. ~ ia our presence• ~ ~ ~ 8 ~2G - ~ .~-~no~ ( it ~L Y : ` , Its President ~ ~ Kenne~h H. Durnbaugh~~"''~::•. ~ . jj~r•. . . . ~ ~C0~0~~ =~Za~~~ j' t. ~ , ~ - / ~ - STATS OF OHIO - . ~ ~ , ~ COUNTY OF ~ ~ , - ~ g " . ~ . ~ Before me personally appeared Kenneth H. Durnbaugh , to me well known and known to me to be the Presi ent o ~ AQUA RABBLLA, INC., the corporation named in e orego ng instru- ment, and known to me to be the person who as such officer of said ~ corporation, executed the same; and then and there the said ~ Kenneth H. Durnbaugh d3d acknowledge before me that saic~;,~~,tru- ~ ment is the free act and deed of said corporation by ti•iti~,,~t~cut~d ~ as such officer for the purposes therein expressed; ,.~h~i.t•-titie•.s~al thereunto attached is the corporate seal by him in,.3l~e.capacit~q~ affixed; all under authority in him duly vested by t~i@~Bosrd o~ ~ Directors of said corporation. = ~ = ~ - ~ . = ~ , D : - _ - . Y~. ~ ~ ' : WIT SS my hand and official seal this ~y~d~. , ; ~ ' , Zg~ '•,,~~',~'~~-~;;'1:~~~, ~ o R ~ . , . - D001( PA6f ~ , ~ My commission ex~ires : 3~ 3/~.~/ ouaNT nsoN, ouaFtr RaoN ~ ~Wi~rt o. oiewwc~ ~e, sruwar, FLOPlIDA ,~49t ~ _ - - de ~ - ~ ~ ' - ~ ~ ~ ~ _ a, . ~ ' ~ ,