Article XII – General Provisions

Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. The Master Association shall have the right to enforce, by any proceeding at law, or in equity, certain restrictions, conditions, covenants, reservations, liens and charges imposed by the provisions of this Declaration as set forth in Article IV of this Declaration and in any other provision which expressly grants to the Master Association a right of enforcement with respect to such provision. Failure by the Association or by any Owner or by the Master Association 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. Amendment. The covenants and restrictions of this Declaration shall run and bind the land, for a term of thirty‑five (35) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years each unless terminated or altered in accordance with this Section 2. This Declaration may be amended during the first thirty‑five (35) year period by an instrument signed by the Owners of not less than seventy‑five percent (75%) of the Home Sites, and thereafter this Declaration may be terminated or amended by an instrument signed by the Owners of not less than seventy‑rive percent (75%) of the Home Sites. Any termination or amendment must be properly recorded. Notwithstanding the above, no amendment may be made without the Declarant, or the consent of its general partners on the date hereof so long as any of them owns a Home Site.

Section 3. Notices. All notices, demands, requests, permissions, consents or approvals (“Notices”) given by Declarant or the Association to any Owner or by any Owner to Declarant, the Association or the Master Association shall be in writing and shall be deemed to have been properly given three (3) days after posted if sent by United States registered or certified mail, postage prepaid, return receipt requested, addressed to the Association or the Master Association to its registered agent at its registered office and addressed to Declarant at the following address: c/o Mr. T.E. Hemby, Jr., 2633 Richardson Drive, Charlotte, North Carolina 28211 with a copy, in each case, to Womble Carlyle Sandridge & Rice, 3300 One First Union Center, 301 South College Street., Charlotte, North Carolina 28202‑6025 Attn: Gary D. Chamblee; and if to an Owner, at the street address of the Owner’s Home Site.

Section 4. Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define limit or describe the particular paragraphs to which they refer.

Section 5. Invalidation. If any provision of this Declaration is held to be invalid by any Court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof, and all remaining provisions shall continue unimpaired, in full force and effect.

Section 6. Applicable Law. This Declaration shall be governed by and construed in accordance with the laws of the State of North Carolina.

Section 7. Binding Effect. All of the covenants, stipulations and conditions contained in this Declaration shall be binding upon and inure to the benefit of Declarant, the Association, the Owners, and their respective heirs, personal representatives, executors, administrators, successors and assigns.