Common use of Declarant’s Rights Clause in Contracts

Declarant’s Rights. Any or all or the special rights and obligations of the Declarant set forth in this Declaration or the By-Laws may be transferred to other persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or in the By-Laws, as applicable. Furthermore, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the public records of Greenville County, South Carolina and Xxxxxxxxx County, North Carolina. Nothing in this Declaration shall be construed to require the Declarant or any successor to develop any of the property set forth in Exhibit "B" in any manner whatsoever. Notwithstanding any provisions contained in this Declaration to the contrary, so long as construction and initial sales of Lots shall continue, it shall be expressly permissible for the Declarant and Builders authorized by Declarant to maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Lots, including, but not limited to, business offices, signs, model units, sales offices, and rental units. The Declarant and Builders authorized by Declarant shall have easements for access to and use of such facilities. The right to maintain and carry on such facilities and activities shall include specifically, without limitation, the right to use Lots owned by the Declarant and any clubhouse, community center, or other facility which may be owned by the Association, as models, sales offices, or rental units. In addition, notwithstanding any contrary provision of this Declaration, the By-Laws, or any Association rules, the Declarant shall have the right to replat or revise the recorded plats relating to any portion of the Properties without the consent of any Person other than the owners) of the property the boundaries of which are altered. So long as the Declarant continues to have rights under this Article, no person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties without Declarant's review and written consent. Any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by written consent signed by the Declarant and recorded in the public records. This Article may not be amended without the express written consent of the Declarant. However, the rights contained in this Article shall terminate upon the earlier of (a) twenty (20) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement that all sales activity has ceased.

Declarant’s Rights. Any or all or of the special rights and obligations of the Declarant set forth in this Declaration or the By-Laws may be transferred to other personsperson or entities, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or in the By-Lawsherein, as applicable. Furthermoreand provided further, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the public records of Greenville County, South Carolina and Xxxxxxxxx County, North Carolinacounty in which this Declaration is recorded. Nothing in this Declaration shall be construed to require the Declarant or any successor to develop any of the property set forth in Exhibit "B" A in any manner whatsoever. Notwithstanding any provisions contained in this the Declaration to the contrary, so long as construction and initial sales of Lots shall continue, it shall be expressly permissible for the Declarant and Builders authorized by Declarant to maintain and carry on upon portions of the Common Area such facilities and activities as, as in the sole opinion of the Declarant, successors and assigns, may be reasonably required, convenient, or incidental to the construction sale, re-sale, or sale renal of such Lots, including, but not limited to, business offices, signs, model units, sales and sales/rental offices, and rental units. The Declarant and Builders authorized by Declarant shall have easements an easement for access to and use of such facilities. The right to maintain and carry on such facilities and activities shall include specifically, without limitation, specifically the right to use Lots residences owned by the Declarant Declarant, if any, and any clubhouse, community center, or other facility which may be owned by the Association, as models, sales offices, or rental units. In addition, notwithstanding any contrary provision of this Declaration, the By-Laws, or any Association rules, the The Declarant shall have the right rights (i) to replat use or revise grant the recorded plats relating to any use of a portion of the Properties without Common Area for the consent purpose of any Person other than aiding in the ownerssale, or rental, or management of Lots; (ii) to use portions of the property Property for parking for prospective purchasers or lessees of Lots and such other parties as the boundaries of which are alteredDeclarant determines; (iii) to erect and display signs, billboards and placards and store and keep the same on the property; (iv) to distribute audio and visual promotional material upon the Common Area. So long as the Declarant continues to have rights under this Articleparagraph, no person or entity shall record any declaration of covenants, conditions restrictions and restrictions, or declaration of condominium protective covenants or similar instrument affecting any portion of the Properties without Declarant's ’s review and written consent. Any consent thereto, and any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions restrictions and restrictions, or declaration of condominium protective covenants or similar instrument being void and of no force and effect unless subsequently approved by written recorded consent signed by the Declarant and recorded in the public recordsDeclarant. This Article provision may not be amended without the express written consent of the Declarant. However, provided, however, the rights contained in this Article provision shall terminate upon the earlier of (a) twenty fifteen (2015) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement that all sales activity has ceased.

Declarant’s Rights. Any or all or of the special rights and obligations of the Declarant set forth in this Declaration or the By-Laws may be transferred to other personsPersons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or in the By-Laws, as applicable. Furthermore, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the public records of Greenville County, South Carolina and Xxxxxxxxx County, North Carolina. Nothing in this Declaration shall be construed to require the Declarant or any successor to develop any of the property set forth in Exhibit "“B" ” in any manner whatsoever. Notwithstanding any provisions contained in this Declaration to the contrary, so long as construction and initial sales of Lots shall continue, it shall be expressly permissible for the Declarant and Builders authorized by Declarant to maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Lots, including, but not limited to, business offices, signs, model units, sales offices, and rental units. The Declarant and Builders authorized by Declarant shall have easements for access to and use of such facilities. The right to maintain and carry on such facilities and activities shall include specifically, without limitation, the right to use Lots owned by the Declarant and any clubhouse, community center, or other facility which may be owned by the Association, as models, sales offices, or rental units. In addition, notwithstanding any contrary provision of this Declaration, the By-By- Laws, or any Association rules, the Declarant shall have the right to replat replay or revise the recorded plats relating to any portion of the Properties without the consent of any Person other than the ownersowner(s) of the property the boundaries of which are altered. So long as the Declarant continues to have rights under this Article, no person Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties without Declarant's ’s review and written consent. Any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by written consent signed by the Declarant and recorded in the public records. This Article may not be amended without the express written consent of the Declarant. However, the rights contained in this Article shall terminate upon the earlier of of (a) twenty (20) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement that all sales activity has ceased.

Declarant’s Rights. Any or all or the special rights and obligations of the Declarant set forth in this Declaration or the By-Laws may be transferred to other persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or in the By-Laws, as applicable. Furthermore, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the public records of Greenville County, South Carolina and Xxxxxxxxx County, North Carolina. Nothing in this Declaration shall be construed to require the Declarant or any successor to develop any of the property set forth in Exhibit "B" in any manner whatsoever. Notwithstanding any provisions contained in this Declaration to the contrary, so long as construction at any time that Declarant owns or has contracted to purchase any of the lands located within the Property, Declarant shall have the following rights described in this Article XIV, and initial sales of Lots the following restrictions described in this Article XIV shall continue, it shall be expressly permissible for the remain in effect: A. Declarant and Builders authorized by Declarant to may maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Lots, any of the lands within the Property including, but not limited to, business offices, signs, model units, and sales offices, and rental units. The Declarant and Builders authorized by the Declarant shall have easements an easement for access to and use of such facilities. The right to maintain and carry on such facilities and activities shall include specifically, without limitation, specifically the right to use Lots Residential Property owned by the Declarant and any clubhouse, community center, or other facility which may be owned by the Association, as models, sales offices, and for lodging and entertainment, respectively, of sales prospects and other business invitees. B. No person or rental units. In addition, notwithstanding any contrary provision of this Declaration, the By-Laws, or any Association rules, the Declarant shall have the right to replat or revise the recorded plats relating to any portion of the Properties without the consent of any Person other than the owners) of the property the boundaries of which are altered. So long as the Declarant continues to have rights under this Article, no person entity shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument restrictions affecting any portion of the Properties Property without Declarant's review and written consent. Any consent thereto, and any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by recorded consent and executed by Declarant. C. Declarant shall have the right, in its discretion, to receive and approve all sales, promotional, and advertising materials for the subdivision and/or sale of lands in the Property by any Owner, which approval shall not be unreasonably withheld. Declarant shall deliver notice to any such Owner of Declarant's approval or disapproval of all such materials and documents within thirty (30) days of receipt of such materials and documents, and, if disapproved, set forth the specific changes requested. If Declarant fails to do so within such thirty (30) day period, Declarant shall have deemed to have waived any objections to such materials, forms and documents and to have approved the foregoing. Upon disapproval, the foregoing procedure shall be repeated until approval is obtained {36205737;1) 57 or decreed to be obtained. It is hereby established that if Declarant elects to exercise the rights set forth above to review and approve all sales, promotional and advertising materials of any Owner, it shall not by doing so incur or create in favor of any third party any liability, obligation or responsibility to ensure that any such materials comply with any and all applicable laws, rules and regulations nor to determine or correct any false or misleading claims or statements contained in such materials. Further in this regard, Declarant's exercise of such rights shall not be deemed to create a partnership, joint venture or principal/agent relationship with such Owner. Any or all of the special rights and obligations of Declarant may be transferred to other persons or entities, provided that the transfer shall not reduce an obligation nor enlarge a right of the Declarant beyond that contained herein, and provided further, no such transfer shall be effective unless it is in a written consent instrument signed by the Declarant and duly recorded in the public recordsPublic Records. This Article XIV may not be amended without the express written consent of the Declarant. However, the rights contained in this Article shall terminate upon the earlier of (a) twenty (20) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement that all sales activity has ceased.