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200503812
<br />S. Payment of Assessments. Declarants, their successors and assigns, for each lot owned
<br />within the Subdivision hereby covenant, and each owner of any lot by acceptance of a deed
<br />therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to
<br />pay to the Association (1) Annual Assessments or charges, and (2) special assessments for capital
<br />improvements, such assessments to be established and collected as provided. The annual and
<br />special assessments, together with interest, costs, and reasonable attorney's fees shall be a lien on
<br />the land shall be a continuing lien upon the property against which each such assessment is made.
<br />Each assessment, together with interest, costs and reasonable attorney's fees, shall also be a
<br />personal obligation of the person who was the owner of such property at the time when the
<br />assessment was due. The personal obligation for delinquent assessments shall not pass to his
<br />successors in title unless expressly assumed by them.
<br />6. Exemption. Unless otherwise agreed to by the Declarant, the Declarant, his successors
<br />and assigns, shall be exempt from any annual or special assessment. It will be the responsibility of
<br />the Declarant to either maintain, or to direct others to maintain the Hoffman Subdivision common
<br />areas, and green spaces. The entire collected annual assessments, if needed, shall be used to
<br />offset the cost of said maintenance.
<br />7. Remedies for Violations, If the owner of any lot, a family member of the owner, their
<br />heirs or assigns, violate any of the covenants, restrictions, and conditions set forth in this
<br />agreement, it shall be lawful for any other person or persons owning any real estate in the
<br />Subdivision, or the Association by and through its elected Board of Directors, to enforce these
<br />covenants with proceedings at law or in equity against the person or persons violating or
<br />attempting to violate any of these covenants.
<br />In addition to the foregoing right, Declarant, his successors and assigns, and the
<br />Association by and through its elected Board of Directors, shall have the right to enter onto the
<br />property of an owner and remove, as may be necessary, any temporary structures, signs,
<br />construction materials, junk, rubbish, weeds, underbrush or other unsightly growth or objects, in
<br />breach of these restrictions, and to abate or remove the same at the expense of the owner, and any
<br />such entry and abatement, or removal shall not be deemed a trespass.
<br />The failure to promptly enforce any of the covenants, restrictions or conditions of this
<br />Agreement by the Declarant or the Board shall not be in any way a waiver of their enforcement.
<br />8. Covenant Declared Void. If any of the covenants, restrictions or conditions set forth in
<br />this Agreement are declared void by a court of competent jurisdiction, the remaining covenants,
<br />restrictions or conditions shall not be affected, but shall remain in full force and effect.
<br />9. Rules and Regulations. The Board of Directors of the Hoffman Homeowners
<br />Association, Inc., and the designated committee reserve the right to make additional rules and
<br />regulations for the Hoffman Subdivision.
<br />Page 12.
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