AgdaPkt 2014-05-12 Joint with Planning

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7.1.F. - Page 134 The foregoing provisions contained in this Section 9.6.F do not apply to amendments to the Governing Documents or termination of the condominium regime made as a result of destruction or damage pursuant to Section 8.2 or condemnation pursuant to Section 8.3, or to a reallocation of interests in the common elements which might occur pursuant to any plan of expansion or phased development previously approved by the FHA to the extent such approval was required under the applicable condominium programs of FHA. 9.7. Declarant's Rights and Limitation of Restrictions on Declarant: Declarant is undertaking the work of construction of residential Condominiums and incidental improvements upon the Project. The completion of that work and the sale, rental, and other disposal of the Condominiums and Units is essential to the establishment and welfare of the Project as a residential community. In order that the work may be completed and the Project be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or construed to: A. Prevent Declarant, its contractors, or subcontractors from doing on the Project or any Condominium whatever is reasonably necessary or advisable in connection with the completion of the work; or B. Prevent Declarant or its representatives from erecting, constructing and maintaining on the Project (except within Units owned by others), such structures as may be reasonable and necessary for the conduct of its business of completing the work and establishing said Project as a residential community and disposing of the Project in parcels by sale, lease or otherwise; or C. Prevent Declarant from conducting on the Project (except within Units owned by others) its business of completing the work and of establishing a plan of Condominium ownership and of disposing of the Project as Condominiums by sale, lease or otherwise (including use of one (1) or more Condominiums as a sales office or model home); or D. Prevent Declarant from maintaining or displaying such sign(s), pennants, banners and flag(s) anywhere in the Project (except within Units owned by others) as may be necessary for the sale, lease or disposition thereof for the duration of Declarant's marketing; or, E. Subject Declarant to the architectural control provisions of Section 7.10 for construction of any Unit or other improvements on the Project. The foregoing rights of Declarant ("Declarant's Rights") shall continue and endure until the later of (i) such time as Declarant no longer retains twenty five per cent (25%) of the Residential Units in the Project, or (ii) the date that is ten (10) years after the issuance of a Public Report for the last Phase of the Project, and, until then, this Section shall not be amended without Declarant's consent. Declarant shall be entitled to assign Declarant's Rights to a Person, including a Mortgagee, who acquires Declarant's interests in the Project. Any Mortgagee who acquires an interest of Declarant in the Project shall be entitled to exercise Declarant's Rights, upon foreclosure or deed in lieu of foreclosure, and assign such Declarant's Rights to a Person who acquires an interest in the Project from such Mortgagee. So long as Declarant, its successors and assigns, owns interests in one (1) or more of the Condominiums established and described in this Declaration, Declarant, and its successors and assigns, shall be subject to the provisions of this Declaration for such interests. 9.8. Termination of Any Responsibility of Declarant and Acceptance of Obligations by Association: In the event Declarant shall assign or convey all of its right, title and interest in and to the Project to any successor Declarant, then and only in such event, Declarant shall be relieved of the performance of any further duties or obligations under this Declaration arising after such conveyance, and such successor Declarant, shall thereafter be obligated to perform all such duties and obligations of the Declarant. 9.9. Owners' Compliance: Each Owner or Occupant of a Condominium shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Governing Documents, and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or 71 [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc