No. 2317 approving an amendment to the Declaration of Protective and Restrictive Covenants of the Blackthorn Corporate Center and Blackthorn Center Development Guidelines

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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 foreclosed by any appropriate legal 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 attorneys' 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 placed 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 may be excised or abated by the Declarant, the Association, the City, 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. 9.7 Damages Inadequate. Damages for any breach of the Covenants are hereby declared no to be adequate compensation and such breach and/or the continuance thereof may be mandated, enjoined or abated by appropriate proceedings by any Person entitled to enforce this Declaration as provided in this Article IX. ARTICLE X ACCEPTANCE OF COVENANTS 10.1 Owner and Occupant Acceptance. Each Owner and Occupant, by the acceptance of a deed of conveyance, lease, sublease, license or other right to enter on or occupy any Lot of Blackthorn, and every other person at any time having or acquiring any right, title, interest, lien, or estate in, on or to any portion of Blackthorn, accepts the same, subject to all of the provisions of this Declaration and the jurisdictions, rights, and powers of the Declarant, the Committee, and the Association. Said Owner, Occupant and/or Person also 22 Blackthorn Corporate Park Covenants and Restrictions 5/30/01