General Provisions

GENERAL PROVISIONS

6.1 Enforcement. Any Owner, the Association, and any governmental or quasi-governmental agency or municipality having jurisdiction over the Property shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by this Declaration, and in such action shall be entitled to recover costs and reasonable attorneys’ fees as are ordered by the Court. Failure by any such person or entity to enforce any such provision shall in no event be deemed a waiver of the right to do so thereafter.

6.2 Invalidity of Any Provision. Should any provision of this Declaration be declared invalid or in conflict with any law of the jurisdiction where the Property is situated, the validity of all other provisions shall remain unaffected and in full force and effect.

6.3 Duration and Amendment of Declaration. This Declaration shall endure perpetually, but may be amended or revoked at any time by the recordation of an instrument signed and acknowledged by the Owners of three-fourths (3/4) of all Lots, following a meeting called according to the Bylaws. Revocation or amendment of this Declaration shall not diminish or otherwise adversely affect the access and utility easement rights described herein.

6.4 Mortgage Protection Clause. No breach of any of the covenants, conditions and restrictions contained in this Declaration, nor the enforcement of any provisions herein, shall render invalid the lien of any mortgage or other encumbrance on any Lot made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner Whose title is derived through foreclosure or trustee’s sale, or otherwise.

6.5 Limitation of: Restrictions on Declarant. Declarant is undertaking the work of subdivision of the Property. The completion of that work and the sale, rental, and other disposal of the Lots is essential to the establishment and welfare of the Property as a community. In order that said work may be completed and said Property established as a fully occupied community as rapidly as possible, nothing in this Declaration shall be understood or construed to:

(a) Prevent Declarant, its contractors, or subcontractors from doing on the Property or any Lot, Whatever is reasonably necessary or advisable in connection with the completion of the work; or

(b) Prevent Declarant or its representatives from erecting, constructing and maintaining on any part or parts of the Property, such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said Property as a community and disposing of the same in parcels by sale, lease or otherwise; or

(c) Prevent Declarant from maintaining such sign or signs on any of the Property as may be necessary for the sale, lease or disposition thereof.

So long as Declarant, its successors-in-interest and assigns, owns one or more of the Lots established and described ill this Declaration and except as otherwise specifically provided herein, Declarant, its successors and assigns, shall he subject to the provisions of this Declaration.

6.6 Termination of Any Responsibility of Declarant. In the event Declarant shall convey all of its right, title and interest in and to the Property to any partnership, individual or individuals, corporation or corporations, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant.

6.7 No Warranty Of Enforceability. While Declarant has no reason to believe that any of the covenants, conditions, of restrictions contained in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such covenants, conditions, and restrictions. Any Owner acquiring a Lot in reliance on one or more of such covenants, conditions, and restrictions shall assume all risks of the validity and enforceability thereof and by acquiring the Lot agrees to hold Declarant harmless therefrom.

The undersigned has executed this Declaration on July 20, 1992.
BEL-TANE ACRE INC., a
corporation
By Dale Gage
President