Laserfiche WebLink
successors and assigns of the respective Owners. This Declaration and all the covenants, <br />conditions, and provisions contained in this Declaration shall be enforceable as equitable <br />servitudes in favor of the Lots and any portions thereof. Every person or entity that now or in the <br />future owns or acquires any right, title or interest in or to any Lot or portion thereof shall be <br />conclusively deemed to have consented to and agreed to every covenant, condition, and <br />provision contained in this Declaration, whether or not the instrument conveying such interest <br />refers to this Declaration. <br />6.4 Attorneys' Fees. In the event of any action between all or part of the Owners for <br />breach of or to enforce any provision or right under this Declaration, the nonprevailing Owner or <br />Owners in such action shall pay to the prevailing Owner or Owners all costs and expenses <br />expressly including, without limitation, reasonable attorneys' fees incurred by the prevailing <br />Owner or Owners in connection with such action. <br />6.5 Breach Shall Not Permit Termination. It is expressly agreed that no breach of <br />this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this <br />Declaration, and such limitations shall not affect in any manner any of the rights or remedies <br />which the Owners may have by reason of any breach of this Declaration. <br />6.6 Breach - Effect on Mortgagee and Right to Cure. Breach of any of the <br />covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien <br />of any Mortgage made in good faith, but all of the covenants, conditions, and provisions of this <br />Declaration shall be binding and effective against any Owner of a Lot, or any part thereof, who <br />acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure. <br />6.7 Severability. In the event any covenant, condition, or provision contained in this <br />Declaration is held to be invalid, void, or otherwise unenforceable, by any court of competent <br />jurisdiction, such holding shall in no way affect the validity of enforceability of any other <br />covenant, condition, or provision contained in this Declaration. <br />6.8 Governing Law. This Declaration shall be interpreted, construed, and enforced <br />in accordance with the internal laws of the State of California without regard to conflict of law <br />rules. <br />6.9 Captions. Article and Section titles or captions are inserted as a matter of <br />convenience and for reference, and in no way define, limit, extend, or describe the scope of this <br />Declaration. <br />6.10 Estoppel Certificates. Each Owner agrees that within fifteen (15) days of receipt <br />of a written request of any other Owner it will issue to such other Owner or to any prospective <br />Mortgagee, lessee, or purchaser of such requesting Owner's Lot an estoppel certificate stating: <br />(a) whether the Owner to whom the request has been directed knows of any default under this <br />Declaration andlor the Funding and Improvement Agreement, and if there are known defaults <br />specifying the nature thereof, (b) whether to its knowledge this Declaration and/or the Funding <br />and Improvement Agreement has been assigned, modified or amended in any way (and if it has, <br />then stating the nature thereof); and (c) whether to the Owner's knowledge this Declaration <br />andlor the Funding and Improvement Agreement as of that date is in full force and effect. <br />A -1 -8 <br />000299 00441109333 7.6 <br />