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200316111
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Last modified
10/16/2011 10:17:47 AM
Creation date
10/28/2005 4:47:01 PM
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DEEDS
Inst Number
200316111
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200316111 <br />16. Default; Remedies. Subject to the provisions of Section 12 of this Declaration, the <br />provisions of this Declaration will be enforced as follows: <br />16.1 Injunctive Relief. In the event of any violation or threatened violation by any <br />Owner of any of the provisions of this Declaration, in addition to the right to collect damages, <br />each Owner will have the right to enjoin such violation or threatened violation in a court of <br />competent jurisdiction. Prior to the commencement of any such action, thirty (30) days written <br />notice of the violation will be given to the Owner claimed to have committed such violation <br />during which period such Owner shall have the right to cure such default; in the event such <br />default cannot be cured during such period and such Owner is diligently pursuing such cure, <br />such Owner shall not be considered in default. <br />16.2 Self Help. In the event Owner fails to perform any of the provisions of this <br />Declaration, the Declarant will have the right, without being obligated to do so, to enter upon <br />the Parcel and improvements of such defaulting Owner and perform the obligations of the <br />defaulting Owner hereunder; provided, however, that written notice of such intention, <br />specifying the nature of the alleged default and actions to be performed, has been given to the <br />defaulting Owner not less than thirty (30) days prior to the commencement of such action or <br />without notice if such default is of an emergency nature. During such thirty (30) day period, <br />the defaulting Owner will have the right to perform or commence performance of action <br />appropriate to remedy such default, and provided such action is diligently carried to <br />completion, the right of the Declarant to perform such obligation of the defaulting Owner will <br />terminate without prejudice to correct further defaults. If the Declarant elects to perform the <br />action to have been performed by a defaulting Owner, on completion of such action, or from <br />time to time, if the action is of a continuing nature, an itemized statement of the reasonable <br />costs thereof will be submitted to the defaulting Owner and the amount thereof will be <br />immediately due and payable by the defaulting Owner, which amount will bear interest at the <br />rate of sixteen percent (16 %) per annum from the date such costs are incurred to the date <br />reimbursement is made by the defaulting Owner; such amount, including interest, shall be a <br />lien on the Parcel of the defaulting Owner until paid. <br />16.3 Force Majeure. If performance of any action by any Owner is prevented or <br />delayed by act of God, war, labor dispute or other cause beyond the reasonable control of such <br />Owner, the time for the performance of such action will be extended for the period that such <br />action is delayed or prevented by such cause. <br />16.4 Notice of Default. An Owner will not be in default under this Declaration <br />unless the Owner has received written notice specifying the nature of such default and has <br />failed to cure or commence appropriate action to cure such default within the times herein <br />provided. The legal propriety of the assertion of such default shall be subject to judicial <br />interpretation. <br />16 <br />
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