Any written notice, or other document as required by this Declaration, may be delivered personally or by mail.  If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight (48) hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows:

(a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws.

(b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address): 2223 – 112th Avenue N.E., P.O. Box 3866, Bellevue, Washington 98009.

(c) Prior to the organizational meeting, notices to the Board shall be addressed to the address set forth in (b) above.  Thereafter, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association.  In addition, from and after the organizational meeting, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner’s purchase of a Lot.

 

The right of an Owner to sell, transfer, or otherwise convey his Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf.  An Owner intending to sell a Lot shall deliver a written notice to the Board, at least two (2) weeks before closing, specifying:  the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the purchaser’s interest; and the estimated closing date.  The failure of an Owner to properly give such notice to the Board shall not invalidate the sale.  The Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested.

 

This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, sublessees and assignees of the Owners.

 

In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several.

 

 

This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgage.

 

Declarant shall not consummate the conveyance of title of any Lot until said Mortgagee shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage.  The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and the status of the Lots remaining subject to its Mortgage as well as its acknowledgement that such appropriate arrangements for partial release of Lots has been made; provided, that, except as to Lots so released, said Mortgage shall remain in full effect as to the entire Property.

 

The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.

 

The Declaration shall take effect upon recording.

 

As long as there is a Class B membership, the following actions will require the prior approval of the Veterans Administration:  Annexation of additional properties; dedication of Common Area; and amendment of this Declaration of Covenants, Conditions and Restrictions.

 

The Owners of Lots 5, 6, 7, 8, 9, 10 and 11 shall be jointly responsible for the maintenance of the landscape planters in the cul-de-sac in 118th Court S.E.  The owners of Lots 26, 27, 30 and 31 shall be jointly responsible for the maintenance of the landscape planters in the cul-de-sac in 117th Place S.E.  The performance of maintenance of the landscape planters in said cul-de-sacs shall be subject to the reasonable rules and regulations of the Association.

 

Tract C as shown on the Plat shall be owned and, except as provided hereinbelow, maintained by the Owners of Lots 28 and 29 as tenants-in-common.  Notwithstanding the foregoing, that portion of Tract C which lies north of the southerly property line of Lot 29 extended in a westerly direction shall be maintained (including landscaping to the extent the Declarant and the Association deem necessary and appropriate) by the Association, as a common expense, as though it were common area.  A pedestrian easement is reserved within Tract C for the benefit of all Owners of Lots, for the purpose of providing, and to the extent necessary to provide, pedestrian access from the cul-de-sac bulb of 117th Place S.E. to Tract B, as shown on the Plat.