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Declaration
of Establishment of Covenants, Conditions and Restrictions
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LA
VETA MONTEREY CONDOMINIUM ASSOCIATION
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Phase
1, Parcel 1 of Parcel Map No. 79-756
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City of Orange, County of Orange
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ARTICLE XV
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Breach
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Section 1. Right of Entry
Violation
of any of the provisions, covenants, conditions, restriction,
easements or reservation contained herein, shall give
to Declarant or its successors, or to the Association,
the right to enter on the property on or as to which the
violation exists and to abate and remove, at the expense
of the owner thereof, any thing or condition that may
be or exists thereon contrary to the intent and meaning
of the provisions of this Declaration. Such entry shall
be made only after three (3) days' notice to said owner
and with as little inconvenience to said owner as possible.
Any damage caused by such entry shall be repaired by the
Association. Declarant or its successors shall not thereby
be deemed guilty of any manner of trespass by such entry,
abatement or removal. |
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Section 2. Nuisance
The
result of every act or omission whereby any provision,
covenant, condition, restriction, easement or reservation
herein contained is violated, in whole or in part, is
hereby declared to be and constitutes, a nuisance, and
every remedy allowed at law or in equity against a nuisance,
either public or private, shall be applicable against
every such result and may be exercised by Declarant or
its successors, or by the Association. Such remedy shall
be deemed cumulative and not exclusive. |
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Section 3. Right of Lien Holder
A
breach of any of the provisions, covenants, conditions,
restrictions, easements or reservations herein contained,
shall no affect or impair the lien or charge of any bona
fide first mortgage or first deed of trust made in good
faith and for value on any of the units, provided that
any subsequent owner of the unit shall be bound by these
provisions, covenants, conditions, restrictions, easements
and reservations, whether such owner's title was acquired
by foreclosure or trustee's sale. |
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Section 4. Enforcement
in
the event of a breach of any of the provisions, covenants,
conditions, restrictions, easements or reservations hereby
established which is continued for thirty (30) days, the
Board may enforce any and all of the terms and conditions
of this Declaration. It is hereby declared that damages
at law for such breach, are adequate. The restrictions
provided for herein shall be enforceable equitable servitudes
and shall inure to and bind all owners of the residential
units. |
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