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5. Events of Default: Enforcement. In the event of a <br />default in the performance or observance of any covenant, agreement <br />or obligation as set forth in this Declaration and, if such default <br />remains uncured for a period of thirty (30) days after notice <br />thereof shall have been given by the Agency, or such longer period <br />as may be approved by the Agency in writing in its sole discretion, <br />then the Agency may declare that an Event of Default has occurred <br />hereunder and may take any one or more of the following steps, at <br />its option: <br />(a) By mandamus or other suit, action or proceeding at <br />law or in equity, require the Declarant or its <br />successors in interest to perform its obligations <br />and covenants hereunder, or enjoin any acts or <br />things which may be unlawful or in violation of the <br />rights of the Agency hereunder; and <br />(b) Take whatever other action at law or in equity may <br />appear necessary or desirable to enforce the <br />obligations, covenants and agreements hereunder, <br />including, without limitation, foreclosure of the <br />Deed of Trust if not previously reconveyed; and <br />(c) No delay in enforcing the provisions hereof as to <br />any breach or violation shall impair, damage or <br />waive the right against or recover for the <br />continuation or repetition of such breach or <br />violation or any similar breach or violation <br />thereof at any later time or times. <br />6. Attornevs' Fees. In any legal proceeding begun to <br />enforce the terms of or restrain a violation of this Declaration, <br />the losing party or parties must pay the attorneys' fees of the <br />winning party or parties in the amount fixed by the court in the <br />proceeding. <br />7. Amendments. This Declaration may only be amended in <br />writing by an instrument signed by the authorized representative of <br />the Agency and the then record owner or owners of the Property. <br />8. Severability If any provision of this Declaration <br />shall be invalid, inoperative or unenforceable as applied in any <br />particular case, in any jurisdiction or jurisdictions or in all <br />jurisdictions, or in all cases because it conflicts with any other <br />provision or provisions hereof or any Constitution or Statute or <br />rule of public policy, or for any other reason, such circumstances <br />shall not have the effect of rendering the provisions in question <br />inoperative or unenforceable in any other case or circumstance, or <br />E - 4 <br />