No. 1589 approving declaration of protective and restrictive covenants of the US 31 Industrial Park

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COVENANTS -US 31 INDUSTRIAL PARK 5.2 If any owner or its successors or assigns or any lessee or occupant of any part of such real estate or any other person should violate any of the covenants, conditions and restrictions contained herein, it shall be lawful and permissible for the Declarant, or the owner or occupant of any other real estate in said US 31 Industrial Park, regardless of whether adjacent thereto, or any one or more of such persons, to prosecute any proceedings at law or in equity against the person or persons violating any of these restrictions for any remedies that are available including, but not limited to, actions for injunctive relief and damages. The Declarant or any owner or occupant shall be entitled to recover from any person or persons violating or attempting to violate any of these covenants, conditions and restrictions all attorneys fees, costs and expenses, without relief from valuation and appraisement laws, incurred by said Declarant, with respect to securing the enforcement of or the compliance with these covenants, conditions and restrictions or with respect to any actions, either at law or in equity, commenced by it for such purpose or purposes. 5.3 The invalidation or unenforceability of any one of these covenants, restrictions, or conditions shall in no way affect the validity or enforceability of any of the other covenants, conditions or restrictions which shall remain in full force and effect. The failure of anyone to insist on the performance of any covenants, restrictions or conditions contained herein at any time shall not be deemed to bar, waive, or estop the right to insist on the performance thereof at a later time nor shall the failure of anyone to insist on the performance of any such covenants, restriction or condition at any time or times be construed to constitute an abandonment, annulment or revocation of such covenant, restriction or condition. ARTICLE VI OWNER'S ASSOCIATION AT US 31 INDUSTRIAL PARK 6.1 Formation of Association. The Declarant shall cause to be incorporated a not - for - profit corporation under the laws of the State of Indiana, to be called the Owner's Association at US 31 Industrial Park. The Association shall be governed in accordance with the Articles and Bylaws of its incorporation. The Bylaws may further define the rights and obligations of the Association and its members, but this Declaration shall govern, in the event of an -7-