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HomeMy WebLinkAbout0322 1 ~ ` i - ~ therewith by in~unction or o~her suit or otherwise may be brought ~ at the option of Homeowners Association, its successors or assigns, or any other lot owner, or Aqua Rabella Associates. The failure or oaission to bring such suit or take surh other praceediags as ; may be deemed aecessary shall not be held to be a waiver of any I rights by Homeowners Associatioa or Aqua Rabella Associates, its ` ~ successors or assigns, or of any lot owner to eaforce com~liance ; with these conditions. i ' 18. There is expressly reserved to Aqua Rabella Associates, ~I, or its assigns, or Homeowners Association, either of them acting i individually, the right to release any of these restrictions or ? provisions upon their owa petitfon or the petition of any lot oaner. Txcept, however, Homeowners Associatioa has no authority to release an restrictions re ardin the - y g g provisions of the recre- ~ ation lease, or the lien created by paragraph 10 hereof, or the ; ;~asement meationed in paragraph 14 hereof. The release of any ~ l! one restriction, or restrictions, for any lot owner shall aot be ~ ~ deemed to be a release of those restrictions for any other lot ~ f owner, and shall not be deemed a precedent to require the release 4 ~ of same restriction or restrictions for any other lot owaer on ~i their petition. _ 1 j 1 19. invalidation 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. ~ 2Q. The restrictions provided for herein shall be real ~ ~ covenants and shall run with the land and be included in all futur ~ 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 mgke assessments under para - graph 11 hereof, and the liens against any premises for failure to pay said re~nt, maintenance fee, or assessments uhder paragraph 11 hereof, will not then terminate, but shall continue bq and at the ~ pieasure of Aqua Rabella Associates, its successors and assigns, as to the reat and maintenance and to the Homeowners Association as to the assessments uader paragraph 11, hereof. ~ ~ IN WITNESS WHEREOF, the said Grantor has signed and sealed ~ these preseats the day and year first above written. ~ Signed, sealed and delivered AQUA INC. ~ our presence: - ~l Q g ~ ' • , = Its vice re~ c~e.h _ • - b'" _ " r~' = t' - ' f~ a•' : ~ ~ • 'Z' . ~ ~ ~U j~ ~ - (coxpoRaT~ s~~, - - ~ a~ Hp z, ~ ~,z _ STATE OF , ,~r~`+~'~ ~ COUNTY OF - ~~~~''H~~t~~~~~:• _ ~ Before me personally appeared Nnt.~arA r._ ~~r ' ~ ' to me w~ll known and kr.own to me to be the • of ~ AQUA RABELLA, INC., the corporation named in t e oregoing instru- ~ ~ ~~n~~~~,, and known to me to~ be the person who as such officer of said ' c~n .~(~,'Ff~,~}yt~on, executed the same; and then and there the said ~ 3'%~~ did acknowledge before me that said instru- 4_= m R~. ~s.~ ~he free act and deed of ~•a id co?-pora.tion by him executed ; 7~~ cQ olficer for ti~e pur~oses therein expressed; that the seal : r~~~ ~,~g«attached is the corporate seal by him in like capacity ' aff~x~~ ~11 under' authority in him duly vested by the Board of . ~ ;~J.~i e~~'a~~d' of said corporation. ~ c_,~ ~ . = T,,;.~~Y'ITNESS my hand and official se this r~'day of ~~K,~UtL , 19? ~S. " . - 4 - .~~~-a! ~ ~j'l'.~ J'~ 'iv rnmmission expires ; ~r ~y ~ ...-_.7.SG~~.. JuuMTnrt~viv a rr~eMrr7 f- r. V. urtnWiR 7~. yTVARf ' ~ ~ . _ F,^ y'~'''v` ~ s,~r c ' T' ~ -^y.. ~ ~ ~ ~ ~c s x.~-`L~C,,.'. x _ - :s4Y..:..",~g` , '1 _ . :~~~r . r ~TM~ ^'.C~.