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99106376
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99106376
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Last modified
3/13/2012 6:13:50 PM
Creation date
10/20/2005 11:47:40 PM
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DEEDS
Inst Number
99106376
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. . <br />. � ,� <br /> , :�. �. . <br /> 99 10637f <br /> expiration of the Primary Period or Extension Period then in effect, the Owner of Parcel2 <br /> delivers to the other Owners in the Shopping Center written notice of termination, in which <br /> event, the Declaration shall automatically expire at the end of the Primary Period or Extension <br /> Period then in effect. <br /> 8.4 Injunctive Relief. In the event of any violation or threatened violation by any <br /> person of any of the Restrictions, any or all of the Owners of the property included within the <br /> Shopping Center shall have the right to enjoin such violation or threatened violation in a court of <br /> competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth <br /> in this Declaration or provided by law. , <br /> 8.5 Modification and Termination. This Declaration may not be modified in any <br /> respect whatsoever or terminated, in whole or in part, except with the consent of the Owners of <br /> the Parcels containing ninety percent (90°Io) of the total square footage of Building Area in lhe <br /> Shopping Center, and then only by written instrument duly executed and acknowledged by all of <br /> the required Owners and recorded in the office of the recorder of the county in which the <br /> Shopping Center is located. No modification or termination of this Declaration shall affect the <br /> rights of any Lienholder unless the Lienholder consents in writing to the modification or <br /> termination. <br /> 8.6 Method of Approval, Including Consenting Owner Approval. <br /> (a) Whenever the consent or approval of any Owner is required, such consent <br /> or approval shall be exercised only in the following manner. Each Parcel shall have only one (1) <br /> vote. The Owners (if consisting of more than one [1] person) of each Parcel shall agree among <br /> themselves and designate in writing to the Owners of each of the other Parcels a single person <br /> who is entitled to cast the vote for that Parcel. If the Owners of any such Parcel cannot agree <br /> who shall be entitled to cast the single vote of that Parcel, or if the Owners fail to designate the <br /> single person who is entitled to cast the vote for that Parcel within thirty (30) days after receip.t of <br /> request for same from any other Owner, then that Parcel shall not be entitled to vote. In the event <br /> a Parcel is not entitled to vote, its consent or approval shall not be necessary and the total square <br /> footage of Building Area located on said Parcel shall be disregarded for the purpose of <br /> computing the percentage requirement set forth in Section 8.5. <br /> (b) Wherever approval is required hereunder to be obtained from the <br /> Consenting Owners, unless otherwise expressly stated, the approval required shall be from the <br /> Consenting Owners (as set forth in Section l.l[i]) for the Parcel or property as to which the <br /> consent in question is needed or required. <br /> 8.7 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift <br /> or dedication of any portion of the Shopping Center to the general public or for the general public <br /> �s <br />
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