Miscellaneous

3.01 Each grantee hereafter of any part or portion of the Real Estate and any purchaser under any grant, contract of sale or lease covering any part or portion of such property, accepts the same subject to all of the restrictions, and the rights and powers of the undersigned provided for in these Restrictive Covenants.

3.02 In interpreting and applying the provisions of these Restrictive Covenants, they shall be held Co be minimum requirements adopted for the promotion of the health, safety, comfort, convenience and general welfare of the owners of this property. It is not the intent of these Restrictive Covenants to interfere with any provisions of any law or ordinance or any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of buildings or" premises; nor is it the intention of these Restrictive Covenants to interfere with or abrogate or annul easements, covenants, or other agreements between parties; provided, however, that where these Restrictive Covenants impose a greater restriction upon the use or occupancy of any residence site or upon the construction of buildings or structures, or in connection with any other matters that are imposed or required by such provisions of law or ordinances or by such rules, regulations or permits, or by such covenants, easements and agreements, then in that case the provisions of these Restrictive Covenants shall control.

3.03 All of the restrictions, conditions, covenants, reservations, and charges contained in these Restrictive Covenants shall be construed together, but if it shall at any time be held that any one or more of such restrictions, conditions, covenants, reservations, liens or charges, or any part thereof, is invalid or for any reason becomes unenforceable, no other restriction, condition, covenant, reservation, or charge, or any part thereof, shall be affected or impaired.

3.04 The failure by the undersigned or of any owner of any residence site included in tills development or any other person, to enforce any of the restrictions, conditions, covenants, reservations, to which this property or any part thereof is subject, shall in no event be deemed a waiver of the right to do so Thereafter or to enforce any other restriction, condition, covenant, reservation.

3.05 Reference herein to the undersigned shall include its respective successor, and each such successor shall succeed to the rights, powers and authority hereunder of its predecessor.

3.06 Except as otherwise expressly stated herein, the covenants, conditions and restrictions of these Restrictive Covenants shall run with and bind the Real Estate, and snail inure to the benefit of and be enforceable by the undersigned, and the owner of any lot subject to these Restrictive Covenants, their respective legal representatives, heirs, successors and assigns, for a term of 15 years from the date hereof, after which time the covenants, conditions and restrictions hereof shall be automatically extended for successive periods of one(l) year each, unless an instrument, signed by owners of not less than 75 percent of the lots, has been recorded, agreeing to abolish or change these covenants, conditions and restrictions in whole or in part.

3.07 These Restrictive Covenants may be amended only by the affirmative assent or vote of the owners of not less than seventy-five percent (75%) of the lots, and further, this amendment provision shall not be amended to allow amendments by the assent or vote of fewer owners; provided, however, no amendment materially impairing the rights of any mortgagee shall be binding on any such mortgagee unless consented to in writing by such mortgagee.

3.08 No breach of the covenants, conditions or restrictions herein contained shall defeat or render invalid the lien of any mortgage made in good faith and for value.  All of these covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure sale, or deed in lieu thereof.

3.09 The covenants set forth herein shall run with the land and bind the present owner, its successors and assigns, and all parties claiming by, through or under it, shall be taken Co hold, agree and covenant with the owner of each building site, its successors and assigns, and with each of them, Co conform and observe these Restrictive Covenants and each and every term binding upon any "corporation," person or 'persons, except in respect to breaches committed during its, his or their title to said land, and the undersigned or the owner or owners of any of the Real Estate shall have the right Co sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the terms and conditions set forth herein, in addition to ordinary legal action for damages.