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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 om the date of the delinquency at the rate
` of ~t F~6+y '~~cent per annum and the Association may .place
the assessment in the hands of an attorney for collection
and the Association may bring suit to foreclose the lien in
the'sae~e Aanner as mortgages. There shall be added to the
f saaount of such delinquent assess~aent: interest on the
assessment as above provided,- reasonable attorneys'. fees and
'costa incurred with respect to the enforcement of said
lien,
Section 5. S ecial Assessments.- In addition
to the annual assessments autioriae a ove, the Association
may levy, in any assessment year, a special assessment
~~applfcable to~that year only for the purpose of defraying,
din 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 (51$) percent of the members..
is
Section 6. Subordination of the Lien to
;`Mort a es. The Association, may, in is discret~.on, sub-
; or Hate in writing, for limited periods of time, the liens
of the Association against any Lot for the benefit of or
'better security of a mortgagee.
is ARTICLE VIZ
REMEDIES FOR VIOLATIONS
In the event of a violation 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
Many judicial proceedings, the Developer, and the Owners of
;Lots in the Subdivision or .any of them, jointly or severally,
c 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
i~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 and -
lsummarily abate or remove the same at the expense of the
i,Owner, and such entry and abatement or removal shall not be
~~deemed a trespass. The failure to enforce any right, reser-
vation, restriction or condition contained herein, however
:;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 any of the other covenants and restrictions,
abut they shall "remain in full force and effect.
ARTICLE VIII
EXISTING COVENANTS AND RESTRICTIONS
JOHN fENNIMAM, ;
~~~trER~c Section 1. The Developer may include in any
contract or deed or deed hereafter made any additional
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