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STATE OF NORTH CAROLINA
BOOK 2234, PAGE 534
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
COUNTY OF DURHAM
Filed: 1996-09-10; 8:36am
(MARBREY LANDING HOMEOWNERS ASSOCIATION)

ARTICLE VI

GENERAL PROVISIONS

Section 1. Enforcement. The Owner's Association or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restriction, conditions, covenants, reservation, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Owner's Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other of the provisions which shall remain in full force and effect.

Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for the term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. The Board of Directors of the Owner's Association may cause to be recorded in the Public Records of Durham County such instruments or documents as may be necessary to cause any such extension to be legally effective. Except as provided in Section 4 of this Article this Declaration may be amended during the first twenty (20) year period by an instrument signed by the owners of not less than ninety percent (90%) of the Lots, and thereafter by an instrument signed by the Owners of not less than seventy-five (75%) of the Lots. Any amendment must be recorded and indexed in the name of the Owner's Association and each lot owner.

Section 4. Failure of the Owner's Association to Pay Taxes and Special Assessments on Common Area. In the event that the Owner's Association shall, contrary to their respective

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