1993-03-18 Resolution 73 - Laserfiche WebLink

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• and specifications, the Covenants and the Guidelines. In the event any such violations and breaches are not cured within f'rfteen (15) days. after written demand made upon the Owner or Occupant by the Declarant, Committee or Association, as the case may be, the Declarant and the Association jointly and separately have the right to enter upon the Lot upon which such violation or breach exists, and summarily abate and remove, or correct, repair or maintain, at the expense of the Owner and Occupant thereof, any Improvement, thing or condition that may be or exist thereon contrary to the intent and meaning of the_ provrsrons hereof as interpreted by the Declarant, the Committee and the Associatron, and the Declarant, the Committee and the Association shall not, by reason thereon, be deemed guilty in any manner of trespass or conversion for such entry, abatement, removal, correction, repair, or maintenance or incur any liability on account thereof. The Declarant, the Association and every Owner (or Occupant, but only with the respective Owner's consent) of Blackthorn are further separately empowered to seek by legal proceedings, either in law or in equity, appropnate remedies to abate or to otherwise prevent a continuing breach of any provision of the Declaration. The amounts of all expenses incurred by Declarant, the Committee and/or the Association pursuant to the provisions of this Section 9.1 which are not paid by Owner immediately on demand shall constitute a lien against the subject Site, shall bear interest until paid at the rate set forth in Section 6.7 hereof and may be foreclosed by the appropriate legal proceeding. 9.2 Attorneys' Fees and Liens. ff in connection with any enforcement of this Declaration, with respect to any Site, it shall be reasonably necessary to secure the services of attomeys, then the reasonable fees of such attomeys, and all other costs of enforcement sha!I be payable by the Owner of such Site. If such fees and other costs or any part thereof are not paid within ten (10) days after written demand therefore, the amount unpaid shall bear interest from the date thereof until paid at the rate of interest set forth in Section 6.7. If any such fees or costs are not paid on the due date thereof, the amount thereof together with interest thereon as aforesaid shall be and become a lien against such Site and may be forecosed by any appropriate )egal proceedings, In any legal or equitable proceedings for the interpretation or enforcement of or to restrain the violation of this Declaration or any provision hereof, the losing party or parties shall pay the reasonable attomeys' fees of the prevailing party or parties in such amount as may be fixed by the court in such proceedings. 9.3 Subordination of Liens. Any lien created pursuant to the provisions of this Declaration shall be subordinate to the lien of any Mortgage or Mortgages now or hereafter place upon all or any portion of a Site or Sites which runs to an institutional lender. 9.4 Deemed to Constitute a Nuisance. The result of every action or omission whereby any Covenant set forth in this Declaration is violated in whole or in part, is hereby declared to be and shall constitute a nuisance and maybe excised or abated by the Declarant, the Association; the O' ,any Owner (or Occupant who has been given such rights by the Owner of such Site~of a Site, or any of them. 9.5 Remedies Cumulative. All remedies provided herein or available at law or in equity shall be cumulative and not exclusive. 9.6 Failure to Enforce Not a Waiver of Rights. The failure of Declarant, or any other Person entitled to enforce this Declaration, to enforce any Covenant herein contained shall in no event be deemed to be a waiver of the right to do so nor of the right to enforce any other Covenant. i9 .Blackthorn Corporate Center -Covenants & Restrictions 9/1/93