201904287 - Laserfiche WebLink

Browse

20190 4287 however, such request shall be in writing, shall be reasonable and shall be at such Member's expense as a special assessment. DD. Waivers. Declarant shall have the right, in its sole and absolute discretion, to enforce, interpret, waive and/or modify the application and interpretation of any term, condition or restriction imposed by these covenants so long as the Declarant is a member of Class A-2, B-2 or C-2. Thereafter, the Board of the Association shall have the authority to interpret, waive and/or modify the application and interpretation of any term, condition or restriction imposed by these covenants. All interpretations, waivers and/or modifications and interpretations of any term, condition or restriction shall be applied consistently and shall not discriminate against any class of Members or Residents of the Association. ARTICLE IX Amendments For a period of twenty (20) years following the date hereof, Declarant, its successors or assigns, shall have the sole, absolute and exclusive right and discretion to amend, modify or supplement all or any portion of these Protective Covenants from time to time by executing and recording one or more duly acknowledged Amendments to Protective Covenants in the Offices of the Register of Deeds of Hall County, Nebraska. Thereafter, this Declaration. may be amended by an instrument signed by not less than sixty-seven percent (67%) of the Members of each class of the Association affected by the amendment. ARTICLE X Miscellaneous A. Covenants. The herein enumerated restrictions, rights, reservations, limitations, agreements, covenants and conditions shall be deemed as covenants and not as conditions hereof and shall run with the land and shall bind the several Lot Owners, their successors, assigns, heirs and devisees until the thirty-first day of December, 2039 and continuously thereafter for successive ten (10) year periods unless amended as provided in Article IX. B. Enforcement. The enforcement of these Covenants shall be by proceedings at law or in equity, and may be instituted by either the Declarant/Developer, the Association, or any Lot Owner (including the Developer) against any person or persons violating or attempting to violate any provisions hereof. Such proceedings may be to restrain such violation or to recover damages, and may also be instituted to enforce any lien or obligations created hereby. If the Developer, the Association, or any Lot Owner is successful in any action, whether at law or equity, to enforce any term or provision of these Covenants, then the Developer, association or the Lot Owner instituting such action, as the case may be, shall be entitled to an award of reasonable attorney's fees and court costs, which shall constitute a lien on the Lot owned by the person against whom enforcement is sought, in the same manner and with the same priority as a lien for annual or special assessments. Failure by the Developer, an association, any member thereof or the City of Grand Island to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do 18