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<br /> <br /> <br /> <br /> <br /> <br /> <br /> B. Reserved Right to Amend. Notwithstanding anything contained herein to the <br /> contrary, Declarant hereby reserves the right, in favor of both Declarant and, if it <br /> or one of its related entities is the fee owner, to amend this Declaration without <br /> the consent or joinder of any owner, occupant, mortgagee (if any) or any other <br /> person or entity for the purpose of meeting any requirement imposed by any <br /> applicable law, any federal, state or county government, any governmental or <br /> judicial action, order or decree, any institutional mortgage lender or any <br /> governmental or quasi-governmental agency including, without limitation, the <br /> Federal National Mortgage Association, Federal Home Loan Mortgage <br /> Corporation, the U.S. Department of Housing and Urban Development or the <br /> Office of Veterans Administration or for the purpose of correcting any error <br /> herein. Each and every owner, occupant, mortgagee and other party acquiring an <br /> interest in the Property by such acquisition, consents to such amendments as <br /> described in the preceding sentence and agrees to execute and deliver such <br /> documents and instruments and do such other things as may be necessary or <br /> convenient to effect the same; and appoints Declarant and its assigns, whichever <br /> may be applicable, his or her attorney-in-fact with full power of substitution to <br /> execute and deliver such documents and instruments and to do such things on his <br /> or her behalf, which grant of such power, being coupled with an interest, is <br /> irrevocable for the term of said reserved rights, and shall not be affected by the <br /> disability of such party or parties. No amendment hereto shall negate or adversely <br /> impact any of Declarant's reserved rights hereunder without the prior written <br /> consent of Declarant. <br /> C. Termination. Unless earlier terminated pursuant to the express terms hereof, this <br /> Declaration shall remain in effect perpetually or until mutually terminated by <br /> Declarant and the County. <br /> D. Interpretation. The captions and headings hereof are for convenience only and <br /> shall not be considered to expand, modify or aid in the interpretation, construction <br /> or meaning of this Declaration. As used herein, the singular shall include the <br /> plural and the masculine shall include the feminine and neuter. <br /> E. No Waiver. The failure to enforce any provision of this Declaration shall not <br /> constitute a waiver thereof or of the right to enforce such provision thereafter. <br /> F. Cooperation. The County shall cooperate with Declarant, as appropriate, in every <br /> way and will exercise their best efforts in carrying out the transactions <br /> contemplated herein, and in executing and delivering in recordable form all <br /> documents, instruments, or copies thereof or other information deemed <br /> reasonably necessary or useful by the Declarant and/or the County. <br /> G. Enforcement Costs. If any legal action or other proceeding, including arbitration, <br /> is brought for the enforcement of this Declaration, or because of an alleged <br /> dispute, breach, default or misrepresentation in connection with any provisions of <br /> this Declaration, the successful or prevailing parry or parties shall be entitled to <br /> recover reasonable attorneys' fees, court costs and all expenses even if not taxable <br /> <br /> <br /> <br /> <br /> <br /> -6- <br />