10/09/12 - Laserfiche WebLink

Home

outside of the Signage Easement Areas and outside the boundaries of the Electrical Line Easement, the Party causing the damage must promptly notify the owner of the Benefitted Lot upon which the damaged improvement is located of the damage and an must commence and diligently pursue, to completion, repair or restoration of the damaged improvement to the condition that existed immediately before the damage occurred within thirty (30) days after the occurrence of the damage. 6. Assi2nment. The HRA may assign the HRA Signage Easement and all of its other rights and obligations under this Declaration to a third party upon notice to but without the need to obtain consent from the owners of the Benefitted Lots. Any such assignment is effective upon recording. Upon the recording of such an assignment, the HRA is relieved of all of its rights under this Declaration and all of its obligations under this Declaration which first arise on or after the date the Assignment is recorded. The owner of a Benefited Lot may not assign, transfer, or lease any of its right under this Declaration except that upon a transfer of title to a Benefitted Lot, the successor in title to the Benefited Lot succeeds to all of the rights and obligations of the prior owner under this Declaration and the prior owner is relieved of all of its rights under this Declaration and all of its obligations under this Declaration which first arise on or after the date the transfer of title is recorded. 7. Run With Title. The benefit and the burden of the Owner Signage Easements, the Electrical Line Easement, and the covenants and restrictions set forth in this Declaration run with title to the Property and inure to the benefit of and are binding upon all owners of all or any portion of the Property and upon their respective personal representatives, heirs, corporate successors, successors in title and assigns. 8. Amendment. No amendment, modification or termination of this Declaration shall be effective unless made by written instrument signed by the HRA and the owner of each Benefited Lot or their respective successors and assigns. 9. Enforcement. The HRA and its assigns and the owners of any Benefited Lot and their respective successors in title and assigns may enforce this Declaration in a legal or equitable action brought in a court of competent jurisdiction, and the prevailing party in any such action is entitled to recover from the opposing party the prevailing party's attorney's fees and costs. No waiver by either party of any default under this Declaration shall be effective or binding upon such party unless made in writing. No waiver of any default shall be deemed a waiver of any other or subsequent default hereunder. Neither party shall have the right to unilaterally terminate this Declaration. 10. Estonnel Certificates. The HRA and the owners of each Benefited Lot, and their successors and assigns, must, from time to time upon not less than thirty (30) days notice from the other party, execute and deliver to the other party a certificate in recordable form stating that this Declaration is unmodified and in full force and effect or, if modified, that this Declaration is in full force and effect, as modified, and stating the modifications and stating whether or not, to the best of its knowledge, any other party is in default in any respect under this Declaration, and if in default, specifying such default. 4919301v3