1. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way effect any other provisions, which shall remain in full force and effect.
2. Amendment. Except as provided in Article II herein, these Restrictions may be amended by vote of the Owners of two-thirds (2/3) of the Lots subject to these Restrictions, including any Lots within any additional property added to this Subdivision and made a part thereof in the future; that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Restrictions be amended so as to deprive the Declarant of any rights granted herein or reserved unto Declarant. All such amendments shall be certified as an official act of the Association by the Secretary thereof and shall be recorded in the New Hanover County Registry. All amendments shall become effective upon said recordation.
3. Duration. All covenants and restrictions herein shall run with the land and shall be binding on all parties owning Lots in said Subdivision for a period of twenty (20) years from the date hereof at which time these covenants shall be automatically extended for successive periods of ten (10) years each unless by vote of the then Owners of a majority of said Lots not under legal disability, it is agreed to revoke same.
4. Conflict. In the event of any irreconcilable conflict between these Restrictions and the By-Laws of the Association, the provisions of these Restrictions shall control. In the event of any irreconcilable conflict between these Restrictions or the By-Laws of the Association and the Articles of Incorporation of the Association, the provisions of the Articles of Incorporation shall control.
5. Delegation of Rights. The Declarant may from time to time delegate any or all of its rights, powers, discretion and duties hereunder to such agent or agents as it may nominate. It may also permanently assign any or all of its powers and duties (including discretionary powers and duties) obligations, rights, title, easements and estates reserved to it by this Declaration, to any one or more corporations, associations, or persons that will accept the same. Any such agreement shall be in writing recorded among the land records of New Hanover County, and the assignee shall join therein for the purpose of evidencing its acceptance of the same, and such assignee shall thereupon have the same rights, title, powers, obligations, discretion and duties as are herein reserved to the Declarant, and the Declarant shall thereupon be released therefrom.
