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ARTICLE 12
<br />Miscellaneous Provisions
<br />12.1 Headinos. With the exception of Article 1, the headings used in this Declaration are for
<br />convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration.
<br />12.2 Severability. The provisions of this Declaration shall be deemed independent and severable,
<br />and the invalidity or partial invalidity or unenforceability of any provision or provisions or any portion thereof
<br />shall not invalidate any other provision or any portion of the provisions not found invalid or unenforceable.
<br />12.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and
<br />nonexclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any
<br />circumstances, be construed as a waiver of the remedy.
<br />12.4 Discrimination. No Owner shall execute or cause to be recorded any instrument that imposes
<br />a restriction on the sale, leasing or occupancy of the Owner's Lot on the basis of race, color, religion, sex,
<br />gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability,
<br />genetic information, national origin, source of income as defined in Government Code section 12955(p), or
<br />ancestry.
<br />12.5 Notification of Sale. No later than five (5) days after the closing of the sale of any Lot, the
<br />new Owner shall notify the Association of such sale. Such notification shall be in writing and shall set forth
<br />the name and address of the new Owner and the date of sale.
<br />12.6 Reservation or Grant of Easements. Any easements referred to in this Declaration shall be
<br />deemed reserved or granted, or both reserved and granted, by reference to this Declaration in any deed to
<br />any Lot.
<br />12.7 Incorporation of Exhibits. All exhibits referred to herein and attached to this Declaration are
<br />incorporated herein by reference as fully set forth herein.
<br />12.8 Enforcement Rights and Remedies. The covenants, restrictions, rights and duties contained
<br />in this Declaration constitute covenants running with the land and equitable servitudes that benefit and bind
<br />each Lot in the Development, each Owner, and each successive Owner thereto, and may be enforced bythe
<br />Association, the Declarant or any Owner in any legal or equitable action pursuantto the procedures described
<br />herein. Declarant may enforce any covenants, restrictions, and rights set forth in this Declaration that
<br />expressly benefit Declarant without regard to whether Declarant owns any Lots in the Development.
<br />Each Owner acknowledges and agrees that if any Person breaches any of the restrictions contained
<br />herein, money damages may not be adequate compensation. As a result, each Owner agrees that in the
<br />event of a breach, the non -breaching party, in addition to any other remedy available at law or equity, shall be
<br />entitled to equitable relief, including, but not limited to, an order compelling the breaching parry to perform an
<br />act which the party is required to perform under this Declaration or which is necessary to bring the breaching
<br />party or the breaching party's Lot into compliance with restrictions contained herein or prohibiting the
<br />breaching party from performing any act that violates the restrictions.
<br />Notwithstanding anything herein to the contrary, the Association shall have the exclusive right to levy
<br />assessments and to take appropriate action to enforce delinquent assessments, including imposition of an
<br />assessment lien and the foreclosure of the lien. Furthermore, the Association shall have the primary
<br />responsibility for enforcing the restrictions contained in Article 3. If any Owner or Occupant desires the
<br />Association to take any enforcement action, the Owner or Occupant shall notify the Association in writing of
<br />the alleged violation. On receipt, the Board shall review the matter and shall determine what action, if any, to
<br />take. Neither the Board nor the Association or any director, officer or agent thereof shall be liable if the Board
<br />in the exercise of its judgment elects not to take any action. To the extent applicable, the Board shall comply
<br />with the due process requirements described in this Declaration. If within ninety (90) days after receipt of the
<br />EDNB\53295\996553.3 33 August 18, 2016
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