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the amount of �he delinquent assessments, together with penalty <br />and upon payment in full thereof, shall execute and file a <br />propes Release of such lien. Such assessment with penalty set <br />fort'h above shall constitute a�ien on such building aite from <br />the date of filing notice of delinquency until the .lien ±s <br />released as hecein provided. The Association may bring an <br />action at law tc enforce payment of a delinquentl asseasment <br />plus penalty. <br />�, In.the event a Judgment of Deccee is obtained in favor <br />of the Aasociation, the ownec shall be liable for the Aasocia- <br />tion's court costs and diaburaements and a reasonable <br />attorney's fee to be fixed by the court, such rosts, disburae- <br />ments ai:d attorney's fees to be further secured by auch lien. <br />No owner may waive or otherwise e,scape liability for assesa- <br />a��nts by non-uae of the Common Pcoperties or abandonment of his <br />building aite. <br />6.9 ,S��bordination of the L•ien to MortaaaeR: The lien <br />of the aseeesmente provided for herein shall be subordinate to <br />the lien of any mort9age or Deed of Truat. Sale or tranafer of <br />any building site ahall not affect the assessment lien. <br />However, the eale or transfer of any building site which ie <br />sub�ect to any mortgage oc Deed of Trust, pureuant to a Decree <br />of Forecloaure under such mortgage or any proceeding in lieu of <br />foreclosure theceof including sale under a Deed of Truat, shall <br />extinguish any•lien of an assessment which became a lien prior <br />to such sale or transfer. Such sale or tranafer shall not <br />relenee such building eite from liability from anx asaeasments <br />theieafter becoming due or from the lien thereof. <br />6.10 Exemnt Pronertv; The following property subject <br />to thie Declaration shall be exempted from the asaessments, <br />charges and liena created herein: <br />6,10.1 All propertiea �o the extent of any <br />easement or other interest therein dedicated and accepted by a <br />municipal corporation or other local public authority and <br />devotNd;to public uae. <br />'� 6.10.2 Lot 22 of the plat. <br />ARTICLE VII <br />RPah�InHnna n� nwa nf Prop�r Y hY ��- Danta <br />7.1 ❑se Restrictions: The following reatrictions <br />ahall be applicable to the use of any property subject to this <br />Declaration, except Lot 22 of said plat: <br />, 7.1.1 No stzuctures of buildinge of any kind <br />ahall be erected, altered, placed or permitted on any building <br />aite other than one single-family dwelling for aingle-family <br />occupancy only. No building site shall be used except for <br />residential purposes. Developer or his duly appointed agent <br />may operate model homes and sales officea during the initial <br />sale,.pcogram within the plat. <br />7.1.2 No animals or fowl shall be caised, kept <br />or permitted upon the pcopecties or any part thereof, excepting <br />only domestic dogs or cats and excepting caged pet birda kept <br />within the dwelling house, provided said dogs. cata and pet <br />birda are not permitted to run at lacge and are not kept, bred <br />or raised for commercial pucposes or in unreasonable numbera. <br />�� <br />