DECLARATION OF RESTRICTIONS
FOR
CHRISTIANSTEAD and WEST BRANCH COMMUNITIES

 
THIS DECLARATION, made this 28th day f February A.D., 1986, by FIRST STATE ENTERPRISES, INC., a Delaware corporation, hereinafter referred to as "DECLARANT".
WITNESSETH:

 
WHEREAS, DECLARANT is the owner of all that certain parcel of land situate in the City of Newark, New Castle County, State of Delaware, known as CHRISTIANSTEAD and WEST BRANCH communities, and more particularly described and set forth on the Subdivision Plan of Christianstead-West Branch Communities, as prepared by Edward H. Richardson Associates, Civil Engineers and Surveyors, dated July 8, 1985, as amended, as a plan thereof is recorded in the Office of the Recorder of Deeds, New Castle County, Delaware, in Microfilm Record No.

 
WHEREAS, DECLARANT desires to create thereon a residential community with various easements, storm water retention areas, public access easements, trail systems, entrance islands and Street lighting, for the benefit of said community and the public at large. -

WHEREAS, DECLARANT desires to provide for the orderly preservation of property values for the individual dwelling lots in said community and desires to provide for the orderly and efficient maintenance of the said easements, storm water retention areas, public access easements,trail systems, entrance islands and street lighting, and to these ends, desires to subject portions of the real property described above to the covenants, restrictions, charges and liens hereafter set forth, each and all of which is and are for the benefit of said property and each owner thereof, and

 
WHEREAS, DECLARANT has deemed it desirable for the efficient and orderly preservation of the property values in said community to create an agency to which should be delegated and assigned the powers of administering and enforcing the covenants and restrictions, maintaining and administering the easements, storm water retention areas, public access easements, trail systems, entrance islands and street lighting, and collecting and disbursing the assessments and charges hereinafter created, and

WHEREAS, DECLARANT has incorporated or is about to incorporate under the laws of the State of Delaware, as a non-profit, membership corporation, Hidden Valley Maintenance Corporation, hereinafter referred to as "HVMC" or "THE Hidden Valley Maintenance Association", for the purpose of exercising the functions inter alia aforesaid.

NOW, THEREFORE, THIS DECLARATION WITNESSETH:

 
THAT the DECLARANT does hereby covenant and declare that it shall hold and stand seized of that property known as Christianstead and West Branch communities, more particularly described in Exhibit “A’T attached hereto under and subject to the following covenants, restrictions, easements, charges and liens, which shall be covenants running with the land and which shall be binding upon the DECLARANT, its successors and assigns:

ARTICLE ONE
GENERAL USE RESTRICTIONS

Section 1. Private Residences. The lots shall be used for private residential purposes only, and no building of any kind except private dwelling units shall be erected or maintained thereon, other than which is permitted by the zoning code of the City of Newark.

 
Section 2. Trailers, Mobile Homes, etc. No temporary structure, including trailers and mobile homes, shall be permitted or maintained upon any lot.

Section 3. Animals and Pets. No animals of any kind other than usual household pets shall be kept or maintained on any part or portion of the property or lots, and no horses, cows, goats, hogs, poultry, pigeons or similar animals shall be kept on any part or portion of the properties or lots. Breeding of domestic animals of any kind on any part or portion of any lot or lots or in any building

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or structures thereon is specifically prohibited. Outbuildings or outhouses of any kind for housing of domestic animals or pets of any kind is also expressly prohibited. All domestic animals, when outside of its respective owner’s residential dwelling, must be on a leash and otherwise comply with all local, municipal, county and state laws and ordinances. Each dwelling house is limited to three domestic animals, whether the same be dogs, or cats, or a combination thereof.

 
Section 4. Vegetable Gardens. No vegetable garden shall be kept or maintained in side or front yard areas of any lot or lots.

Section 5. Television and Radio Antennas. No television or radio receiving or transmitting antenna, including what is commonly referred to as a “dish” shall be Constructed, placed, or maintained on the outside of any building or dwelling house on any lot.

Section 6. Trash Receptacles. Trash receptacles shall be kept in enclosed areas, hidden from view, excepting on regular collection days, when they may be placed temporarily at the curb.

Section 7. Prohibited Vehicles. No trucks, buses, travel trailers/motor homes, and no disabled vehicles of any description shall be kept or maintained on any street, lot or driveway, except that any of the same may be kept within enclosed garages; excepting that pickup trucks up to and including 3/4 ton and enclosed vans up to 10,000 lbs. G.V.W. , are permitted, provided that they do not exceed a height of seven (7) feet. Campers, boats, and boat trailers not exceeding twenty-on (21) feet in width may be kept in the rear yard of a lot at least fifteen (15) feet from the rear and side lot lines, providing that landscape screening, with approval of the Architectural Control Committee hereafter established, is installed.

 
Section 8. Signs. No signs of any nature whatsoever shall be erected, placed or maintained on any lot within the premises described, except that a single real estate “For Sale” sign may be placed and maintained.

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Section 9. Fences. No fence, including what is commonly referred to as a privacy fence shall be erected on any lot closer to the front street line than the front face of the principal building on said lot except that fences are permitted on lots with public access easements. These fences may parallel the full length of the public access easement on that side of the lot. In any event, no fences, including privacy fences, shall be constructed or maintained upon the lots until plans for the same have been approved by DECLARANT, its successors and assigns pursuant to Article II, Section 1 herein.

Section 10. Window Treatment. All windows from the exterior shall show white or off-white fabric or color compatible with the color of the exterior finish of the dwelling. Any disputes regarding color selection or compatibility will be determined in the sole discretion of the Architectural Control Committee.
Section 11. Clothes Lines. No permanent outside clothes lines or clothes lines posts are permitted. Portable outside clothes lines approved by the Architectural Control Committee, its successors or assigns will be permissible.

Section 12. Swimming Pools and Pool Fences. No above ground swimming pools shall be constructed or maintained on any lot. In ground swimming pools may be constructed and maintained thereon. In any event, no such swimming pool shall be constructed or maintained upon the lots until compliance with Article II, Section 1, has been accomplished. Any such swimming pool must be enclosed by a fence approved by the Architectural Control Committee.

Section 13. Trees, Shrubs and Landscaping. Any trees, shrubs and/or landscaping planted, emplaced, provided or done by developer must remain undisturbed for a period of ten (10) years, except for ordinary maintenance, feeding, and disease control. Exceptions to the provisions of this Section may be granted by the Architectural Control Committee.

 
Section 14. Lawn Mowing. The owner of each lot on which a dwelling has been erected shall be responsible for the maintenance

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of grass and weeds thereon and shall mow said lot in accordance with the ordinance of the City of Newark, or mow said lot at lease once per month between April 15 and November 15 of each year, whichever is more frequent. DECLARANT reserves to itself, its successors and assigns the right to enter peaceably any lot whose owner has not complied with this covenant, for the purpose of mowing the same, at the expense of the owner.

 
Section 15. Firewood. Outside storage of firewood is limited to 1 cords, to be neatly stacked in the rear yard no closer than fifteen feet to any side or rear lot line.

Section .16. Yards. No statues, structures, painted trees, bird bath replicas of animals or other like objects may be affixed to or placed on any lot or building, where they would be visible from any Street, without prior written approval of the Architectural
Control Committee. -

ARTICLE II
ARCHITECTURAL CONTROL

Section 1. Review of Plans. No buildings, shed, fence, wall, posts, covers, swimming pool or other construction shall be commenced, erected, or maintained upon any lot, nor shall any exterior addition to or change or alteration thereof, including but not limited to exterior facade color change and/or change in grade or drainage be made until the plans and specifications, with illustrations, showing the nature, kind, shape, color, height, materials, and proposed location of same shall have been submitted to and approved in writing by the DECLARANT. In the event the DECLARANT, or its successors or assigns, fails to approve or disapprove such architectural change request within thirty (30) days after said plans and specifications have been submitted to it, approval thereof will be deemed to have been given by the DECLARANT. The DECLARANT, its successors or assigns, in connection with the review of said plans, specifications, and illustrations, shall consider them in terms of the harmony of the proposed change, addition, construction or alteration with the structures on surrounding properties and the outlook therefrom onto the subject property; the

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the effect it will have on the reasonable passage of light and air to the surrounding properties; the consistency and harmony of the architectural design, color, height, size, shape, proposed location and materials with the subject property and with the surrounding structures, and with respect to the physical impact thereof, including but not limited to drainage on surrounding properties.

 
For the purposes of this Declaration, DECLARANT shall have the sole right to determine which lot lines and/or street lines shall be “front” or “side” lines.

 
Section 2. Assignment of Architectural Control Function; Appeal.

 
DECLARANT may assign the powers and rights received hereunder at
Section 1 of this Article II to the Board of Directors of Hidden Valley Maintenance Corporation (HVMC).

 
Requests for architectural change which have been rejected hereunder may be appealed by the applicant in writing. Upon receipt of same, DECLARANT or its assignee shall schedule a special meeting with the applicant, which meeting shall be held within thirty (30) days after receipt of said notice of appeal. The decision upon review shall be communicated in writing to the applicant within forty-five (45) days after the review meeting. Failure of the DECLARANT or its assigns to give written notice of such decision within forty-five (45) days after said review meeting, shall be construed as a rescission of the initial rejection.

Section 3. Ad Hoc Committee. Prior to the appointment of the Board of Directors, the DECLARANT may appoint an Ad Hoc Architectural Control Committee to assist the DECLARANT in architectural control matters. Said Ad Hoc Architectural Control Committee will automatically be dissolved upon assignment of architectural control matters as hereinabove provided to the initial Board of Directors of HVMC.

ARTICLE III
DECLARANT’S DEVELOPMENT OF
CHRISTIANSTEAD and WEST BRANCH COMMUNITIES

Section 1. DECLARANT’S BUSINESS. Notwithstanding anything herebefore to the contrary, the provisions of Article I hereof shall

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not be construed so as to prohibit DECLARANT or its successors in title to vacant lots, from building or settling dwelling houses, including but not limited to maintaining and using, advertising and promotional signs, maintaining an office or offices for construction and/or sale, storing construction materials, or generally carrying on its business on any portion or portions of Christianstead and West Branch communities so long as it owns any part therof nor shall the provision of Article II be applicable to DECLARANT nor to any successor in title to DECLARANT who is engaged in the same business as DECLARANT.

ARTICLE IV
SCENIC EASEMENTS, STORM WATER RETENTION AREAS, SCENIC AND PUBLIC
EASEIENTS, FIFTEEN FOOT WIDE PUBLIC ACCESS EASEMENTS, AND TRAIL
SYSTEMS AND SCENIC AND PUBLIC EASEMENT (100 YEAR FLOOD PLAIN)

Section 1. Easements. The Subdivision Plan for Christianstead and West Branch Communities, as the same is of record, depicts and establishes certain landscape screens, fifteen foot wide scenic easements, fifteen foot wide public access easements, storm water retention basins, and trail systems, and the scenic and public access easement (100 year flood plain). It is the intention of DECLARANT, its successors or assigns, to impose, with regard to said easements,_the following restrict ions :

(a)     FIFTEEN FOOT WIDE SCENIC EASEMENTS. These fifteen foot wide scenic easements are depicted on the said plan and exists between this subdivision and subdivisions contiguous hereto. The owner of any lot or lots abutting said easement in this subdivision shall be specifically precluded from cutting any trees in said easement, from erecting sheds, buildings, or other improvements in said easement, or from storing firewood or other materials in said easement.

(b)          
(b) STORN WATER RETENTION AREAS. The Subdivision Plan does depict, on certain lots, areas denoted as storm water retention areas. The owner of any lot or lots on whose lot a storm water retention area exists or is established shall be specifically precluded, in such storm water retention area from erecting any sheds, buildings or other improvements, from storing firewood or other materials, from altering or changing the ground contour or slope, from obstructing the

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intended flow and storage of storm water, and must keep discharge pipes free and clear of all plant growth and debris. No fencing of any type which would impede the flow of storm water shall be erected or kept by any lot owner. It is, however, specifically agreed that, to the extent required, the City of Newark shall be entitled to access to said storm water retention areas for emergency and/or preventive maintenance.

 
(c) SCENIC AND PUBLIC ACCESS EASEMENT (100 YEAR FLOOD PLAIN) *
The Subdivision Plan does depict thereon an area designated as scenic and public access easement. Within said scenic and public access easement, no cutting of trees, brush or other vegetation shall be permitted; no erection of sheds, buildings or other improvements shall be permitted, no storing of firewood or other materials shall be permitted, no alteration or change in ground contour or slope shall be permitted, and no obstruction to the intended flow and storage of storm water shall be permitted, including no fencing of any type shall be erected or maintained which would impede the flow of storm water. It is the intent of the DECLARANT, its successors and assigns, that reasonable and responsible pedestrian access by the general public along the trail system as the same is depicted in said scenic and public access easement, within fifteen feet on either side of the trails as so depicted, and between the trails and the Christiana Creek shall be permitted during daylight hours. It is the intent of DECLARANT, its successors and assigns that the City of Newark shall be entitled to exercise vehicular access to said scenic and public access easement, if required, for furthering public safety, and for the further purpose of maintaining, if required, trails, bridges, public utilities and storm_water facilities within_said scenic and public access easement.

(d)FIFTEEN FOOT WIDE PUBLIC ACCESS EASEMENT. There will be established, as depicted on the said Subdivision Plan, certain easements denoted as fifteen foot public access easement. It is the intent of the DECLARANT, its successors and assigns, that reasonable and responsible pedestrian access by the traveling public is permitted on said fifteen foot wide public access easement, for purposes of access

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to the trail system as depicted on said plan. Any landscaping improvements, including grass cutting, shall be the responsibility of the owner of the lot or lots on which said fifteen foot public access easement is created. Hidden Valley Maintenance Corporation, its successors and assigns, shall be responsible for the paved or unpaved walkway in the public access easement and shall further be obligated, if required, to obtain liability insurance.
Section 2. Rights of Enforcement by City of Newark. The City of Newark shall have the right to enforce this Article as it relates to Hidden Valley Maintenance Corporation’s responsibility for scenic easements, storm water retention areas, public easements, the fifteen foot wide public access easements,.and trail systems.

ARTICLE V
NON-STANDARD STREET LIGHTING AND STREET SIGNS

Section 1. Responsibility. It is the intent of DECLARANT to erect in certain portions of the subdivision, non-standard Street lights and street signs. THE MAINTENANCE ASSOCIATION shall be responsible for maintaining a “sinking fund” for said non-standard street lights and signs, and owners of lots in that portion of the subdivision in which non-standard street lights and street signs are erected may be subject to additional assessments for repairs and maintenance of the non-standard street lights and street signs, as the same may be erected, repaired or maintained, from time to time. The assessment obligation hereafter referred to relative to the costs thereof shall be adjusted by THE MAINTENANCE ASSOCIATION pursuant to its assessment structure. THE MAINTENANCE ASSOCIATION shall further be responsible for maintenance, repair and the electrical bills for the entrance islands to be erected by DECLARANT, its successors or assigns, and the responsibility for the payment for said maintenance, repair and the electrical bills shall be pursuant to the assessment hereafter referred to.

ARTICLE VI
MEMBERSHIP AND VOTING RIGHTS IN THE CORPORATION

Section 1. Membership. All persons or entities who are record owners of a fee or undivided fee interest in each lot which is described in Exhibit “A” shall automatically become a “member” as

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defined below, of theHidden Valley Maintenance Corporation, also known as “HVMC” and “THE MAINTENANCE ASSOCIATION”, immediately upon the creation of his or its fee or undivided fee interest, including but not limited to the acceptance and recording of a deed for such lot. “Member” as used herein, shall mean all owners, as a unit, of any single lot, to the end that there shall be one(l) member per lot.

Section 2. Voting Rights. All the record owners of lots in Chrjstjanstead and West Branch Communities shall be entitled to one (1) vote for each lot in which they hold the interest of a record fee. The vote for such lot shall be exercised as they may among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot. DECLARANT shall be entitled to one (1) vote for each lot to which it continues to hold title.

ARTICLE VII
COVENANT FOR ASSESSMENTS

 
Section 1. Creation of the Lien and Personal Obligation of Assessments and Purpose of Assessment.

Each owner of any lot is deemed to covenant and agree to pay to THE MAINTENANCE ASSOCIATION annual assessments or charges, which assessments are to be fixed, established and collected from time to time as hereinafter provided, provided that all assessments shall be fixed at a uniform rate for all lots. Each such assessment, together with such interest, costs and reasonable attorneys fees shall be the personal obligation of the person who is the owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. The assessments levied by THE MAINTENANCE ASSOCIATION shall be used exclusively for the purpose of the improvement and maintenance of the trail system, the maintenance of the paved or unpaved walkways in the public access easement, the maintenance of a shrinking fund for non-standard street lights and street signs in the development, and for the maintenance and repair and payment of the electrical bills for lighting on the entrance island, and purchase of insurance if deemed necessary by the Board of Directors. Said assessments shall be in sufficient amount to pay the costs required to further the purposes set forth herein, and to keep any improvements made in good order and

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repair, such as a reasonable and prudent man would determine is reasonable, and to offset any uncollected prior assessments. Owners of lots in that portion of the subdivision in which non-standard Street lights and street signs are erected may be subject to additional assessments for repairs and maintenance of the non-standard lights and street signs, as the same may be erected, repaired or maintained, from time to time.

Section 2. Rights to Fix Annual Assessments. THE MAINTENANCE ASSOCIATION may, from time to time, set such annual assessments as it deems necessary to carry out the obligation of THE MAINTENANCE ASSOCIATION, as set forth above, and as they may change from time to time; provided, however, that any change in said assessment must be approved by a two-thirds (2/3) majority of the members present at a meeting duly called for that purpose, written notice of which shall have been sent to all members at least thirty (30) days in advance of the time set for said meeting, which said notice shall set forth the purpose of the meeting. The annual assessment shall be at the same rate for each and every lot, with the exception of owners of lots in that portion of the subdivision in which non-standard Street lights and street signs are erected, and must be in the aggregate sufficient to accomplish the purposes earlier set forth, including the payment of any insurance premium or taxes, if any, except to the extent that DECLARANT voluntarily pays or provides for the same. Assessments may include such additional sums as are deemed necessary by THE MAINTENANCE ASSOCIATION to establish

Section 3. Commencement Date of Annual Assessments. Initial assessments shall be due on NOVEMBER 1, A.D., 1986, in the amount of THIRTY-SIX DOLLARS ($36.00), for the period beginning JANUARY 1, A.D., 1987 and ending DECEMBER 31, A.D., 1987. The first day of NOVEMBER of each year shall be the due date of annual assessments for each succeeding assessments period of JANUARY 1 to DECEMBER 31. In the case of lots which are conveyed by the DECLARANT during any assessment period, the assessment on each of said lots shall be an amount which bears the same relationship to the annual assessment as

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the remaining number of months in that assessment period bear to twelve. Owners of lots in that portion of the subdivision in which non-standard street lights and street signs are erected may be subject to additional assessments as earlier referred to herein.

 
Section 4. Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; Remedies of THE MAINTENANCE ASSOCIATION.
Assessments which are not paid before the first day of the assessment period shall be deemed to. be delinquent and, together with interest thereon at the rate of ten percent (10%) per annum from the due date until paid and costs of collection thereof, including reasonable attorney’s fees, thereupon shall become a continuing lien on the lot assessed which shall bind such lot in the hands of the then owner, his heirs, devisees, personal representatives, successors and assigns. THE MAINTENANCE ASSOCIATION may bring an action at law against the member personally obligated to pay any delinquent assessment or may bring an action in a court of competent jurisdiction to foreclose the lien thereof against the property, and there shall be added to the amount of such assessment interest and costs as aforesaid.

Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is subject to such charges regardless of when said mortgage or mortgages were created or when such charges accrued; provided that such subordination shall apply only to charges and shall have become payable prior to the passing of title under foreclosure of such mortgage or mortgages and the transferee shall not be liable for payment of any assessment accruing prior to said foreclosure, but nothing herein shall be held to affect the rights herein given to enforce the collection of such charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to such charges, with the intent that no such charges shall, at any time, be prior in lien of any mortgage or mortgages whatsoever on such property.

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Section 5. Assessment Lien Docket. THE MAINTENANCE
ASSOCIATION shall keep an Assessment Lien Docket at the registered office of Hidden Valley Maintenance Corporation, a Delaware corporation, which, at the date of recording hereof, is at 708 Nottingham Road, Newark, Delaware 19711. Immediately upon assessments becoming delinquent as hereinabove provided, the Treasurer of THE MAINTENANCE ASSOCIATION shall cause an entry thereof to be made in the Docket, which entry shall disclose the date the entry is made, the names of the owners of the subject lot as shown in THE MAINTENANCE ASSOCIATION’s records, the number of the lot, the amount of the delinquent assessment, the due date and the assessment period of the delinquent assessment.

Upon written inquiry of any lot owner or any attorney-at-law who certified to THE MAINTENANCE ASSOCIATION that he represents either an owner of a lot described at Exhibit “A” or a purchaser thereof, the Treasurer, upon receipt of $1.00 as service charge, shall certify to the inquiring owner or attorney-at-law as to the assessment status of the lot which is the subject of the inquiry, stating:

(a) Whether the current assessment is paid; and/or
(b) If there are any delinquent assessments, all of the information entered in the Lien Docket with respect to the lot which is the subject of the inquiry, together with the per diem interest thereon, to be computed on each delinquent assessment from its respective due date to the date of receipt by THE MAINTENANCE ASSOCIATION of payment thereof in full.

The certificate of THE MAINTENANCE ASSOCIATION shall be binding upon THE MAINTENANCE ASSOCIATION. In the event a certificate, postage paid and addressed to the inquiring party at its mailing address provided by him is not deposited in the United States’ mails by THE MAINTENANCE ASSOCIATION within five (5) business days after receipt of written inquiry and service charge, all assessments affecting the lot which is the subject of the inquiry shall be deemed to have been paid in full.

Upon receipt by THE MAINTENANCE ASSOCIATION of payment of any delinquent assessment, with interest and costs, if applicable,

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as hereinabove provided, the Treasurer shall enter in the Docket the date and amount of the payment received, together with the notation “Paid in Full”,
Section 6. Exempt Property. Notwithstanding any provision hereinabove to the contrary, no lot owned by DECLARANT or by its successors in title who are engaged in the construction and/or sale of dwelling houses in Christianstead and West Branch Communities shall be subject to assessment hereunder, for the first five (5) years after the date the Hidden Valley Maintenance Corporation is formed.

ARTICLE VIII
SINGLE FAMILY LOTS

 
Section 1. Right of Entry. The DECLARANT, and its successors in title hereby retain with respect to single family dwelling lots, the right to enter any adjacent lot or lots to correct or repair any condition which causes or may cause an unsafe or unsanitary condition and/or to cure any drainage problems, provided however, that said right of entry shall only be exercised to correct the aforementioned conditions and the party so exercising said right of entry to the adjoining lot or lots shall be responsible for restoring same to the condition it was in prior to the exercise of said right of entry.

ARTICLE IX
CHANGES IN THE DECLARATION

These covenants and restrictions may be changed, altered, modified, or extinguished in whole or in part, at any time, by an instrument, in writing, signed by the record owners of seventy-five percent (75%) of the lots in Christianstead and West Branch communities, and after obtaining consent form the City Council of the City of Newark, which shall be recorded in the office of the Recorder of Deeds, New Castle County, State of Delaware, excepting, however, that the DECLARANT, so long as it is the owner of any of said lots shall have the absolute right to amend this Declaration without the joinder of any other owners by executing and recording an amendment in the Office aforesaid, if such amendment is:
(a) Required by Federal, State, County or local law, ordinance, rule or regulation; or

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(b) Required by any mortgagee of improved lots and dwelling houses in the premises; or
(c) Required by any title insurance company issuing title insurance to owners and/or mortgagees of same; or
(d) Required by the Federal Housing Administration, Department of Housing and Urban Development, Veterans Administration, Farmers Home Administration, Delaware State Housing Authority, Federal National Mortgage Corporation, GNNA or by any like public or private institution acquiring, guaranteeing, or insuring mortgages or providing any type of financial assistance, with respect to dwelling units in the premises.

ARTICLE X
CHANGES IN THE RECORD PLAN

DECLARANT reserves the right to amend the Record Plan of
CHRISTIANSTEAD and WEST BRANCH CONNUNITIES, provided that such amendment complies with and is approved by the appropriate authorities of the City of Newark, and further provided that such amendment does not:
(a) Increase the overall density of Christianstead and West Branch communities;
(b) Decrease the amount of open space dedicated to the City of Newark as the same is depicted on the Subdivision Plan.

 
By acceptance and recording of Deed in Christianstead and West Branch Communities, the grantee, for himself and his successors in title, shall be deemed to have given to DECLARANT his power of attorney for the purpose of executing any such resubdivision plan as owner, provided such resubdivision plan complies with the terms
of this Article.

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ARTICLE XI
ENFORCENT

Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restrictions, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure to enforce any covenant or restrictions herein contained shall in no

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event be deemed a waiver of the right to do so thereafter or a waiver to enforce the other restrictions contained herein. Action of enforcement may be brought by DECLARANT, its successors or assigns, and/or by the City of Newark on behalf of itself or any owner of lands in the subdivision, or any owner of any land which is the subject of this Declaration. DECLARANT reserves the right to assign its power to enforce to Hidden Valley Maintenance Corporation by appropriate instrument in writing, recorded in the office of the Recorder of Deeds, in and for New Castle County, Delaware.

In the event that any lot owner is in violation of these covenants and restrictions by maintaining offending object, or otherwise, such offending object, or other violation of these restrictions, may be cured by DECLARANT by removing said offending object or otherwise curing the violation of these covenants and restrictions at lot owner’s sole expense.

ARTICLE XII
NOTICES

Any notice required to be sent to any member or owner under
the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage paid, to the last known address of the person who appears as member or owner on the tax records of the City of Newark and/or New Castle County, at the time of such mailing.

ARTICLE XIII
SEVERABILITY

Invalidation of any one of these covenants or restrictions or portion thereof by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, the said FIRST STATE ENTERPSIES, INC. , a corporation of the State of Delaware, has caused its name by EUGENE M. JITLIAN, its Vice President, to be hereunto set and the

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I

common and corporate seal of the said corporation to be hereunto affixed, duly attested by its Secretary, the day and year first above written.

SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:

Ann C Conly

STATE OF DELAWARE)
)
NEW CASTLE COUNTY)

SS.

FIRST STATE ENTERPRISES, INC.

BE IT REMEMBERED, that on this 28th day of February A.D. , 1986, personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, EUGENE M. JULIAN, Vice President of FIRST STATE ENTERPRISES, INC., a Delaware corporation, known to me personally to be such, and he acknowledged this Declaration of Restrictions to be his act and deed and the act and deed of said corporation, that the signature of the Vice President thereon is in his own proper handwriting and the seal affixed is the common and corporate seal of said corporation, and that his act of sealing, executing, acknowledging and delivering said Indenture was duly authorized by a resolution of the Board of Directors of said corporation.

 
GIVEN under my Hand and Seal of Office, the day and
year aforesaid.

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