|
7.1.F. - Page 141
<br /> 9.17. Power of Attorney: Each Owner, by accepting and recording a grant deed to a
<br /> Condominium in the Project, is deemed to constitute and irrevocably appoint Declarant, for so long
<br /> as Declarant owns all or any portion of the Project, as Owner's attorney-in-fact, for Owner and for
<br /> each of Owner's mortgagees, optionees, Owners, Occupants, licensees, trustees, receivers,
<br /> lessees, Occupants, judgment creditors, heirs, legatees, devisees, administrators, executors, legal
<br /> representatives, successor and assigns, whether voluntary or involuntary, and each Owner is
<br /> deemed thereby to have conveyed to Declarant a special power of attorney coupled with an
<br /> interest authorizing Declarant to act as each Owner's attorney in fact to prepare, execute,
<br /> acknowledge and record any amendment to or restatement of a Condominium Plan or Map, as
<br /> Declarant deems to be reasonably necessary in order to correct errors, to conform to as-built
<br /> conditions, or to bring the Condominium Plan or Map into compliance with any city, county, state
<br /> or federal laws or regulations. The acceptance or creation of any Mortgage or other encumbrance,
<br /> whether or not voluntary, created in good faith, or given for value, shall be deemed to be accepted
<br /> or created subject to each of the terms and conditions of the power of attorney described in this
<br /> Section.
<br /> 9.18. "General Rules": This Declaration shall be liberally construed to effectuate its
<br /> purpose of creating a uniform plan for creating and operating a residential condominium
<br /> development and maintaining the Common Area. As used in this Declaration, the singular includes
<br /> the plural and the plural the singular. The masculine, feminine and neuter each includes the other,
<br /> unless the context dictates otherwise.
<br /> 9.19. "Articles, Sections and Exhibits": The Article and Section headings have been
<br /> inserted for convenience only and may not be considered in resolving questions of interpretation or
<br /> construction. Unless otherwise indicated, any references in this Declaration to articles, sections or
<br /> exhibits are to Articles, Sections and Exhibits of this Declaration. Exhibit "A" and Exhibit "B"
<br /> attached to this Declaration are incorporated herein by this reference.
<br /> 9.20. "Priorities and Inconsistencies": If there are conflicts or inconsistencies between
<br /> the Governing Documents, then the provisions of this Declaration shall prevail.
<br /> 9.21. "Severability": The provisions of this Declaration are independent and severable.
<br /> A determination of invalidity or partial invalidity or unenforceability of any one provision of this
<br /> Declaration by a court of competent jurisdiction does not affect the validity or enforceability of any
<br /> other provisions of this Declaration.
<br /> 9.22. "Statutory References": All references made in this Declaration to statutes are to
<br /> those statutes as currently in effect or to subsequently enacted replacement statutes.
<br /> IN WITNESS WHEREOF, the undersigned, being the Declarant, has executed this
<br /> Declaration this day of , 201_.
<br /> Downtown RWC Res, LLC,
<br /> a Delaware limited liability company
<br /> By:
<br /> 78
<br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc
<br />
|