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.

Section 3.   Power of Attorney to Hawkins Construction.

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.

Article XII — General Provisions

Section 1.   Enforcement.

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.

Section 2.   Severability.

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.

Section 3.   Reservation.

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

right may be exercised either before or after the conveyance of any Lot and without joinder of the Owner of any such Lot conveyed.

Section 4.   Annexation.

Raymond C. Hawkins Construction Co., Inc., may, for a period of twenty (20) years from the date hereof, in its sole and absolute discretion, without the concurrence of any Lot Owner or the Association, annex and subject additional land to this Declaration. Such additional properties need not be developed as R.1-5 developments, but shall be in close proximity to the Properties and be residential developments. Such additional members shall have the same right to use the Common Area and other amenities as the Lot Owners. Except for Declarant, such additional owners shall be Class A members of the Association, shall pay assessments to the Association as provided herein and shall be subject to the same rules and regulations of the Association as Lot Owners.

Section 5.   Amendment.

The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of twenty (20) years. This Declaration may be amended during the first ten (10) year period by an instrument duly recorded among the land records of Prince William County, Virginia, signed by not less than eighty percent (80%) of the Owners of the Lots, counting Owners and Declarants, provided, however, no such amendment shall be valid without the consent and joinder of Raymond C. Hawkins Construction Co., Inc., and thereafter, by an instrument duly recorded and signed by not less than seventy-five percent (75%) of all of the Owners of the Lots.

Section 6.   Violations and Nuisance.

Every act or omission whereby any provision of this Declaration which is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action by a Declarant, the Association or any Owner or Owners of Lots.

Section 7.   Violation of Law.

Any violation of any municipal, County, State or Federal law, ordinance or regulation, pertaining to the ownership, occupation or use of any property, is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement provisions set forth herein.

Section 8.   Remedies Cumulative.

Each remedy provided for herein is cumulative and not exclusive.

Section 9.   Delivery of Notices and Documents.

Any written notice or other documents relating to or required by this Declaration may be delivered either personally or by mail. If by mail, it shall be deemed to have been delivered forty-eight hours after a copy of same has been deposited in the United States mail, postage prepaid, certified mail, return receipt requested.

Section 10.   Gender.

For all purposes of this Declaration, the masculine shall include the feminine and the neuter; the feminine shall include the masculine and neuter; and, the neuter shall include the masculine and feminine. Unless the context otherwise requires, the singular shall include the plural and vice versa.

Section 11.   The Declaration.

By acceptance of a deed or by acquiring any ownership interest in any of the real property included within this Declaration, each person or entity, for himself, herself, or itself, his heirs, personal representatives, successors, transferees and assigns, binds himself, herself, his or her heirs, personal representatives, successors, transferees and assigns, to all of the provisions, restrictions, covenants, conditions, reservations, rules and regulations now or hereafter imposed by this Declaration or the Association and any amendments thereof. In addition, each such person by so doing thereby acknowledges that this Declaration sets forth a general scheme for the improvement and development of the real property covered thereby and evidences his intent that all the restrictions, conditions, covenants, reservations, rules and regulations contained herein shall run with the land and be binding on all subsequent and future Owners, grantees, purchasers, assignees, and