Index › Page 61 — Article X §§6–8; Article XI §§1–2: Assignment of Condemnation Proceeds

Section 6.   CD Nos. 1, 2 and 3.

With respect to private, non-exclusive CD Nos. 1, 2 and 3, Raymond C. Hawkins Construction Co., Inc., hereby reserves unto itself the right to grant at any time to the other adjacent property owners or itself the right to use the appropriate CD No. 1, 2 or 3 for ingress-egress and utility service purposes. Any party granted such rights by Hawkins Construction shall be deemed a User of such Common Driveway and be subject to the applicable provisions of Article VII — Common Driveway with respect to such Common Driveway.

Section 7.   Exercise of Reservations.

The reservation of easements contained in this Article may be exercised by the Declarant at any time on a Lot or Common Area without the joinder of any Owner or the Association, regardless of whether title to said realty is still vested in Declarant.

Section 8.   Termination.

The reserved easements established under the first three sections of this Article shall expire and terminate automatically ten (10) years from the date hereof.

Article XI — Assignment of Condemnation Proceeds

Section 1.   Pending Litigation.

There is currently pending in the Circuit Court of Prince William County, Virginia, a case styled Northern Virginia Electric Cooperative v. Raymond C. Hawkins Construction Co., Inc., et al., At Law No. 26706 filed May 20, 1991. The purpose of this suit is to determine the amount of monetary damages due Raymond C. Hawkins Construction Co., Inc., ("Hawkins Construction" hereinafter) as a result of the exercise of the right of eminent domain by NOVEC against the Properties and other land owned by Hawkins Construction. Hawkins Construction is the only party entitled to any part of said condemnation proceeds.

Section 2.   Assignment of Proceeds.

The Association and each Lot Owner hereby covenant, set over, and assign unto Hawkins Construction any and all awards, payments and monetary damages awarded as a result of said condemnation proceeding. Neither the Association nor any Lot Owner shall incur any cost or expense by reason of this assignment.

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