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~ therewith by in~unction or other suit or otherwise may be brought
' at the option of Homeowners Associatioa, its successors or assigns,
~ or any other lot owner, or Aqua Rabella Associates. The failure ~
or omission to briag such suit ar take such other proceedings as
~ may be deemed necessary shall not be held to be a waiver of any
,1 rights by Homeowners Association or Aqua Rabella Associates, its
~ successors or assigns, or of any lot owner to enforce compliance
; with these conditions,
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i' 18. There is expressly reserved to Aqua Rabella Associatea,
# or its assigns, or Homeowners Association, either of them acting
i individuallq, the right to release any of these restrictions or
! provisions upon their own petition or the petitioa of any lot
owner. Sxcept, however, Homeowners Association has no authority
to release any restrictions regarding the provisions of the recre-
atioa lease, or the lien created by paragraph 10 hereof, or the
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 releaso of those restrictions for any other lot ~
' 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.
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j 19. Invalidation of any one of these covenants by judgment
or court order stiall in ~o wise affect any of the other provisions
but shall remain in full force and effect.
20. The restrictions provided for hereia shall be~real.
covenants and s6a11 run with the land and be iacluded 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 meatioaed herein; the
right of tl~e Homeowners Association to make assessments under para
graph 11 hereof, and the liens aga3nst aay premises for failure to
pay said rent, maintenance fee, or assessments under paragraph 11
hereof, will not ttien terminate, but shall continue by aad at the
pleasure of Ac~ua Rabella Associates, its successors and assigns,
as to the rent aad maintenance and to the Homeowners Associatioa
as to the assessments under paragraph 11, hereof.
~ IN WITNESS WHEREOF, the said Grantor has signed and sealed
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f these presents the day and year first above written.
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~ Signed, sealed and delivered AQUA RABEI3i,As " INC.
i in qur presence: ~ i ~
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~ - ~ ~ B - ~ - y`~'' ~
~ " y.Its vice Pres3 • •
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~1~; ~ '.S : A • ' :
~ ' l ~ 7 6'•:
~ .t. •.r_ -
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g O t~-~ ?
# (CORPORA~~~;$~), 4~ ' ~
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~ i'~ ~,r
~ ' STATE OF FrriaTnn • ' .•~`r~~':t•._
COUNTY OF - -
~ARTTN
` ?n Before me personally appeared H(~WARI~ L_ HdRT~1V ,
~ ~ to me well known and known to r~e to be the of
AQUA RABELLA, INC., the corporation named in t e oregoing instru-
- ~ ment, and knowr? to me to be the person who as such officer of said
- - corporation, executed t:~e same; and then and there the said
~ ~7 HQWARD L_ HORTON did acknowledge before me that said instr~t-- .
~ ~ ment is the freP act and _deed of said corporation by him exe.cu;~~
~ =`S as such officer for the purposes therein expressed; that.:~~p~r~al:~•~
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' thereunto attached is the cor orate seal b him in like Ca aCi't
a i P Y P 9: ~ ~
~ u`~' ~ affixed; all under authority in him duly vested by the Bo~~ a[f.~~•,;
= Directors of said corporation. •
~ 'c~,<n_ ; :
~ ,S _
4 WITNESS my hand and officia~ seal this 1gth. daY =
= mov~L~, 197~. ~ ~
~wr,A~ a 7t .7r I ~<M •'f.
~J.~ rc i: a~ E., , s'Jc1 1976 ~ ~~'~~Y~~'?~~
` tity cd~nt~tiss'Y~~°^~xFti~t~r - 4 - ~-r~--,J _ 1~..~~ ri% - ~
co. ~ ~'r--==--
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~ ~~-:i'_~i,avN, vuG:iTeAsV!r i r~e~rli Y. v JerwweM elO, ~fVARt r~.Ort~U1 ~!a ' -
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