The Association and each Lot Owner hereby makes, constitutes and appoints Raymond C. Hawkins Construction Co., Inc., as its, his, her or their true and lawful Attorney-in-Fact to receive, accept, provide, execute, endorse and deliver any service of process, representation, appearances, subpoenas, documents or proceeds checks related to said condemnation proceeding on their behalf. This appointment shall be deemed an appointment coupled with an interest and shall be irrevocable.
The Declarant, the Association or an Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, and reservations now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event any legal action or proceeding is commenced to enforce any restriction, condition, covenant, reservation or term of this Declaration, the party bringing such action shall be entitled to collect as part of such proceeding, the court costs, reasonable attorney's fees and expenses of litigation incurred by such enforcing party should the other party be found to have violated and been in breach of this Declaration.
Invalidation of any one of these covenants or restrictions by a judgment or court order by a court of competent jurisdiction shall in no wise affect any other provisions which shall remain in full force and effect.
Until January 1, 1998, Raymond C. Hawkins Construction Co., Inc., reserves the right to make changes, modifications and/or exceptions to any of the above covenants, conditions, restrictions, or reservations contained herein, when, in its sole discretion, such changes, modifications and/or exceptions will not defeat or alter the purposes or will improve the clarity or effectiveness of this Declaration. This
