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~ therewith by in,iunction or other suit or other~vise maq be brought
' at the option of Homeownere Aseociation, its succeesors or aeeigns,
or any ot6er lot owner, or Aqua Rabella Aaeociatee. The failure
or omiasion to bring euch suit or take euch other proceedinge ae
~ may be deemed necessary shall not be held to be a~vaiver o~ any
rights by Homeoanera Asaociation or Aqua Rabella Associates, ita
~ successore or aeslgns, or of any lot orvner to enforce compliance
! with theae conditions.
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' 18. There is expressly reserved to Aqua Rabella Aasociatea,
or ita assigns, or Homeowaere Aesociation, either of them acting
individually, the right to release any of these restrict~ons or
provieions upoa their own petition or the petition of any lot
' owner. Bxcept, however, Homeowners Aeaociation has no authority
to re2ease any restrictions regarding the provisions of the recre-
ation lease, or the lien created by paragraph 10 hereof, or the
easement mentioned in paragraph 14 hereof. The release of aay
~ one restr~etion, 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 owaer on
their petition.
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19. Iavalidation of any one of these covenants by 3udgment
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 hereia shall be real
covenanta and shall run with the land and be included ia all future
contracts and deeds until the year 2000, except that the right of
way for utilities as meat3oned in paragraph 14, the r~ght to rent
and maintenance under the recreational lease mentioned herein; the
right of the Homeowqers Association to make assesaments under para
graph 11 hereof, and-the liens against any premises for failure to
pay said rent, maintenance fee, or assessmente under paragraph 11
hereof, will not then teraiinate, but shall continue by and at the
pleasure of Aqua Rabella Associates, its aucceseors and assigne,
as to the rent and mainteaance and to the Homeo~ruers Associat3on
as to the assessments under paragraph Zl, hereof. A
IN WITNBSS WH$RBOF, the said Graator has signed and sealed
these presents the day and year first above written.
3igned, sealed and delivered AQUA , INC.
in our presence:
. By,/
' Vice P esi ezl~ .
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(CURPORA'~~AL~ ° r _
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STATE OF F:s~ '.7'~,''rj.': ~bA,r~,t`:
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COUNTY OF a,;..,;,......••.
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Before me personally appeared xowARn L. HORTON h~... ~ ,
to me well kno~vn and known to me to be the o
AQUA RABELLA, INC., the corporation aamed in e orego.ng 3astru-
meat, and known to me to be the person who as auch officer of said
~;,corporation, eaecuted the same; and then and there the said „n
did acknowledge before me that said iastru- ~,b
e t e ree act and deed of said corporation by him executed ~
t~d~g~tch officer for the purpoBes therein e~cpressed; that the seal ~
~ ,~_`~lt~eunto attached is the corporate seal by him in like capacity C.~
'~~.t~~ed; all under authority in him duly veated by the Board op
~ etors of said cor
poration.
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f; 'ST ~~'o.,:~ ~ITNE3S my hand and official seal this 19th. day f
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~~~~''~a,,,, , ;..~~~'3eptember ~ 19? 5. _
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My C Nq~R~ 3h~Ae~~~ a~~t~ ~ar/[s, ~ 4-
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AU~b[Ri INiuM ! rRt1N11T ~ r. O. DRAW<R ~O, aTUART. IDA ~~lSi4
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