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Section 2 hereof), then such assessment shall be considered
delinquent. If the assessment is not paid within thirty
(30) days after the delinquency date, the assessment shall
bear interest from tho date of the delinquency at the rate
of ten (10$) percent pc~r annum and the Association may glace
the assessment in the hands of an attorney for collection
and the Association may briny suit to foreclose the lien in
the same manner as mortgages. There shall be added to the
amount of such delinc{uent assessment: interest on the
assessment as above provided, reasonable attorneys' fees and
costs incurred with respect to the enforcement of said
lien.
Section 5. Special Assessments. In addition
to the annual assessments authorized above, the Association
may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defra}ping,
in whole or in part, the cost of any construction, reconstruc-
tion, repairs or replacement of a capital improvement upon
the private road or common facilities, including fixtures
and personal property related thereto, provided that any
such assessment shall have the vote or written assent of
fifty-one (S1$) percent of the members.
Section 6. Subordination of the Lien to
Mortgages. The Association, may, in its discretion, sub-
ordinate in writing, for limited periods of tine, the liens
of the Association ,3g31[1St any Lot for the benefit of or
better scC~Ii ity ~i a fi~ut t.i~.tc3E~l'.
ARTICLE VII
REMFDIF•.S E'OR VIOLATIONS
In the event of a ~~iolation or breach of any of
these covenants and restrictions by any person or entity
claiming by, through or under the Developer, or by virtue of
any judicial proceedings, the Developer, and the Owners of
Lots in the Subdivision or any of them, jointly or severall}~,
shall have the right to proceed at law or in equity to
compel a compliance with the terms hereof or to prevent the
violation or breach of any of them, or for money damages.
In such event, said Developer and/or Owner or Owners shall
~ be entitled to reasonable attorneys' fees and costs incurred
with respect to the enforcement of said covenants and
restrictions. In addition to the foregoing right, the
Developer shall have the right, whenever there shall have
been built on any Lot in the Subdivision any structure which
is in violation of these covenants and restrictions, to
enter upon the property where such violation exists anc3
summarily abate or remove the same at the expense of the
Owner, and such entry and abatement or removal shall not be
deemed a trespass. The failure to enforce any right, reser-
_f vation, restriction or condition contained herein, however
f long continued, shall not be deemed a waiver of the right to_
do so thereafter as to the same breach or as to a breach
occurring prior or subsequent thereto and shall not bar or
affect its enforcement. The invalidation by any court of
any of the covenants and restrictions herein contained shall
in no way affect am of thc~ other covenants and restrictions,
but then shall remain in full force and effect.
ARTICLE VIII
F.XISTI':r C'~)"F,IvANTS AP3n RESTRICTIONS
FENNIM:.h.
~1;1RTEHED Section 1 ThFr developer may include in any
~-~}Y•*~•~ contract or deed or deocl herec~ftcr m~~~le an}• .additional
~a r!::f fi7~N/7
r, gR~DA 73~N
fr. l1)
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