Covenants

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General Provisions
Covenants & By Laws

Section 1. Term. These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of five (5) years from the date these Covenants are recorded, after which time said Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a two-thirds majority of the then Owners of the lots within the Addition has been recorded with the Fall River County Register of Deeds Office agreeing to change said Covenants in whole or in part.

Section 2. Enforcement. These covenants, conditions and restrictions are for the mutual benefits of all Owners within the Addition. Consequently, the Declarant or any Owner may bring an action at law or in equity to enforce these covenants, conditions and restrictions against any person or persons violating or attempting to violate any of the terms or conditions of this document, or any amendment hereto, whether to prohibit violation or to recover money damages.

Section 3. Notices. Any notice required to be sent to any Owner under the provisions of this document shall be deemed to have been properly given when mailed postage prepaid to the last known mailing address of the Owner or hand delivered to an individual residing on said Lot providing said individual is over the age of fourteen (14) years.

Section 4. Severability. The invalidity in whole or in part of any covenant, restriction, section, addition, or any other provision of this Declaration, shall not affect the validity of the remaining portions thereof.

Section 5. Subdivision laws and Ordinances. If any governmental subdivision’s laws or ordinances are imposed upon the development that conflict with the restrictive covenants, then in that case, if the restrictive covenants are more restrictive in its application to the property owners, the restrictive covenants will apply. If the governmental subdivision laws are more restrictive in its application to the property owners, then the subdivision laws shall apply to the property owners and’ supercede the restrictive covenants.

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