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therewith by injunction or other 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 omission to bring such suit or take such other proceedings as
may be deemed necessary shall not be held to be a waiver of any
rights by Homeowners Association or Aqua Rabella Associates, its
successors or assigns, or of any lot owner to enforce compliance
~ with these conditions.
' 18. There is expressly reserved to Aqua Rabella Associates,
I or its assigns, or Homeowners Association, either of them acting
individually, the right to release any of these restrictions or
provisions upon their own petition or the petition of any lot
' owner. Except, however, Homeowners Association has no authority
~ to release any restrictions regarding 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 owner shall not be •
deemed to be a release 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.
19. Invalidation of any one of these covenants by judgment
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 and 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 maintenance under the recreational lease mentioned herein; the
right of the Homeowners Association to make assessments under pars
graph 11 hereof, and the liens against any premises for failure to
pay said rent, maintenance fee, or assessments under paragraph 11
hereof, will not then terminate, 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 Homeowners Association
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.
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' Signed, sealed and delivered AQU ELLA, INC.
in our presence: ~
C > ~
' B
Y=
• is Pr side
(CORPORATE SEAL)
STATE OF
COUNTY OF : „ .(C
5
Before me personally appeared n (,t, ,
to me well known and known to me to be the - of
AQUA RABELLA, INC., the corporation named in t e oregoi g 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
~ ~ , ~°,c-~c,,~ did acknowledge before me that said instru-
ment is the f e act and deed of said corporation by him executed
as such officer for the purposes therein expressed; that the seal
thereunto att:_.;hed is the corporate seal by him in like capacity
_ ~ affixed; all ender authority ih him duly vested by the Board of
Directors of ~~aid coi•poratio~.
WITi;ESS my hand and official seal this day of
.
~ !•iy conmission'• ex~~res 4 ,