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202002679
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Last modified
3/11/2021 10:43:25 AM
Creation date
4/30/2020 3:49:33 PM
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DEEDS
Inst Number
202002679
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202002679 <br />In any such foreclosure action, the breaching or defaulting Owner shall be required to pay <br />Declarant an administrative fee of $300.00. Every Owner accepting a deed to a Lot acknowledges <br />and agrees that the costs and damages that will be incurred by Declarant in connection with <br />Declarant's remedy of an Owner's breach will be difficult if not impossible to ascertain, and agrees <br />that such fee is a reasonable estimate of such costs and damages. In addition to such administrative <br />fee, a defaulting Owner shall also be required to pay costs, expenses, and reasonable attorneys' <br />fees incurred by Declarant in connection with filing or releasing a Lien Notice and in connection <br />with any foreclosure of such Lien Notice. All such administrative fees, costs, expenses, and <br />attorneys' fees shall be secured by the lien evidenced by the Lien Notice. Declarant shall have the <br />right and power to bid on the real property, including the Improvements, being foreclosed upon. <br />The indebtedness referenced in the Lien Notice shall also be the personal and individual debt of <br />the breaching or defaulting Owner, and suit to recover a money judgment may be maintained <br />without foreclosing or waiving any lien securing the 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 provisions <br />and requirements of this Declaration regarding construction of Improvements shall be conclusive <br />evidence as to all matters addressed by such records. After the expiration of one year following <br />the issuance of a final certificate of occupancy therefor, or any equivalent approval, by the <br />applicable governmental authority, any Improvement approved by such certificate shall be deemed <br />in compliance with the construction requirements of Section 3.5 unless a notice of non-compliance <br />executed by or on behalf of the Association shall have been Recorded or unless a legal proceeding <br />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 other <br />committee of the Association, and no other person acting on behalf of the Association shall be <br />personally liable to any Member or any other Person for any damage, loss, or prejudice suffered <br />or claimed on account of any act, omission, error, or negligence in the discharge of such person's <br />duties and responsibilities under the Community Documents, provided such person acted in good <br />faith. <br />7.11 Implied Rights. <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 existence <br />of any right or privilege given to the Association by the Community Documents or reasonably <br />necessary to effectuate any such right or privilege. <br />7.12 Identity of Members. <br />The members of the Association shall be the Owners of the Lots. All Owners of Lots shall <br />be mandatory members of the Association. An Owner of a Lot shall automatically, upon becoming <br />the Owner thereof, be a member of the Association and shall remain a member of the Association <br />until such time as his ownership ceases for any reason, at which time his membership in the <br />Association shall automatically cease. <br />Page 32 of 52 <br />
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