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200611167 shall become effective upon such recording. This shall include the right to waive any part of the restrictions or conditions as to any particular lot. After five (5) years from the date of recording ofthis Plat, these Restrictions and Limitations, including that provision of paragraph 25 which places a Two Hundred Dollars ($200.00) maximum on the total dues and assessments which may be levied annually by the Homeowners Association, against any lot, may be amended at any time by the recording of such amendment executed by the owners of the fee title of not less than seventy-five percent (75%) of the lots in the subdivision. 31. DURATION OF COVENANTS. These Covenants and Restrictions are to run with the land and shall be binding on all parties and persons claiming' under them until September 1,2012 at which time said covenants and restrictions shall be automatically extended for successive periods often (10) years, unless by a vote of the then owners of the fee title of not less than seventy-five percent (75%) of the said lots covered by these covenants and restrictions, it is agreed to change such covenants and restrictions in whole or in part. 32. SEP ARABILITY OF COVENANTS. Invalidation of anyone ofthe covenants or restrictions by judgment of a Court of competent jurisdiction shall in no way affect any of the other covenants or restrictions and all other provisions of these covenants and restrictions shall remain in full force and effect. 33. ENFORCEMENT OF COVENANTS. The right to enforce these provisions by inj unction, together with the right to cause the removal by due process of law of any structure, is hereby vested in each owner of a lot in this subdivision, and in the Homeowners Association, its successors and assigns. These covenants and restrictions may all be enforced by a civil action for damages and by any other appropriate remedy at law or in equity. If any person or persons shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons vested with the title of any of the lots herein before described, the Homeowners Association, its successors and assigns, or the Declarant, to proceed either in law or in equity, against such person or persons violating or attempting to violate any such covenants, and to enjoin them from so doing, to recover damages for such violation and to seek all other appropriate relief. In the event that the Homeowners Association, or the Declarant should employ counsel to enforce any of the foregoing covenants and restrictions, all costs incurred in such enforcement, including reasonable attorneys' fees, shall be paid by the owner of such lot or lots against whom such enforcement action is brought. Homeowners Association, or the Declarant, as the case may be, shall have a lien upon such lot or lots to secure owner's payment of all such costs, which lien may be enforced in the same manner as is provided in Paragraph 25 of these restrictions. 13