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200506087
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200506087
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Last modified
10/17/2011 8:48:45 AM
Creation date
10/28/2005 11:17:26 AM
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DEEDS
Inst Number
200506087
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I <br />5. Payment of Assessments. Each Owner of any Lot, except Declarants and <br />successor Declarant, by acceptance of a deed therefor, whether or not it shall be so <br />expressed in such deed, is deemed to covenant and agree, to pay to the Association: (1) <br />Annual Assessment or charges; and (2) special assessments for capital improvements, <br />such assessments to be established and collected as provided. The annual and special <br />Assessments, together with interest, costs, and reasonable attorney's fees, shall be a lien <br />on the land and shall be a continuing lien upon the property against which each such <br />Assessment is made. Each Assessment, together with interest, costs, and reasonable <br />attorney's fees shall also be a personal obligation of the person who was the Owner of <br />such property at the time when the Assessment was due. The personal obligation for <br />delinquent Assessments shall not pass to his successors in title unless expressly assumed <br />by them. <br />6. Remedies for Violations. If the Owner of any Lot, their heirs and assigns, <br />violate any of the covenants, restrictions, and conditions set forth in this Agreement, it shall <br />be lawful for any other person or persons owning any real estate in the Bellamy's First <br />Subdivision or the Association to enforce these covenants with proceedings at law or in <br />equity against the person or persons violating or attempting to violate any of these <br />covenants. <br />In addition to the foregoing right, Declarants, their successors and assigns, <br />and the Association shall have the right to enter onto the property of an Owner whenever <br />there has been constructed on the Lot, any temporary structures, signs, unused parts <br />thereof, weeds, underbrush, or other unsightly growth or objects in breach of these <br />restrictions and to abate or remove the same at the expense of the Owner, and any such <br />entry and abatement or removal shall not be deemed a trespass. The failure to promptly <br />enforce any of the covenants, restrictions or conditions of this Agreement shall not, in any <br />way, be a waiver of their enforcement. <br />7. Covenant Declared Void. If any of the covenants, restrictions or conditions <br />set forth in this Agreement is declared void by a court of competent jurisdiction, the <br />remaining covenants, restrictions or conditions shall not be affected, but shall remain in full <br />force and effect. <br />10 <br />
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