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201309222
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Last modified
8/19/2014 2:24:43 PM
Creation date
11/22/2013 8:53:25 AM
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DEEDS
Inst Number
201309222
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the Lien Notice. Declarant shall have the right and power to bid on the real property, including <br />the Improvements, being foreclosed upon. The indebtedness referenced in the Lien Notice shall <br />also be the personal and individual debt of the breaching or defaulting Owner, and suit to recover <br />a money judgment may be maintained without foreclosing or waiving any lien securing the <br />same. <br />7.8 Compliance Certificates. <br />The Association, acting through its authorized officers, shall, upon written request of any <br />Owner and payment by such Owner of any reasonable fees as may be determined from time to <br />time by the Board, furnish a certificate with respect to the. DRC's approval or disapproval of any <br />Improvement or regarding whether any specified Improvements otherwise comply with the <br />requirement of this Declaration. The Association may engage a third party to conduct any <br />inspection or investigation necessary or desirable to enable it to issue any such certification, and <br />in such event the Owner requesting the certification shall pay, in advance if required by the <br />Association, the costs incurred for such inspection or investigation. Any Person without actual <br />notice to the contrary shall be entitled to rely on such certification with respect to the matters set <br />forth therein. <br />7.9 Evidence of Compliance. <br />Records of the Association and of the DRC with respect to compliance with the <br />provisions and requirements of this Declaration regarding construction of Improvements shall be <br />conclusive evidence as to all matters addressed by such records. After the expiration of one year <br />following the issuance of a final certificate of occupancy therefor, or any equivalent approval, by <br />the applicable governmental authority, any Improvement approved by such certificate shall be <br />deemed in compliance with the construction requirements of Section 3.5 unless a notice of non- <br />compliance executed by or on behalf of the Association shall have been Recorded or unless a <br />legal proceeding shall have been instituted to enforce compliance with such requirements. <br />7.10 Personal Liability. <br />No director of the Board or officer of the Association, no member of the DRC or any <br />other committee of the Association, and no other person acting on behalf of the Association shall <br />be personally liable to any Member or any other Person for any damage, loss, or prejudice <br />suffered or claimed on account of any act, omission, error, or negligence in the discharge of such <br />person's duties and responsibilities under the Community Documents, provided such person <br />acted in good faith. <br />7.11 Implied Rishts. <br />The Association may exercise any right or privilege expressly given to the Association by <br />the Community Documents, and every other right or privilege reasonably implied by the <br />existence of any right or privilege given to the Association by the Community Documents or <br />reasonably necessary to effectuate any such right or privilege. <br />Page 42 of 68 <br />201309222 <br />
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