BML Covenants

 

22.      MISCELLANEOUS.

22	.	1	Captions
22	.	2	Plural, Gender
22	.	3	Successors and Assigns
22	.	4	Interpretation
22	.	5	Severability
22	.	6	Waiver
22	.	7	Binding Effect
22	.	8	Notices
22	.	9	Choice of Law
22	.	10	Perpetuities and Other Invalidity
22	.	11	Title Holding Land Trust

 

 

22.1 Captions. Section captions in this Declaration and the Association Instruments and in any exhibits annexed thereto are for convenience only and do not in any way limit or amplify the terms or provisions hereof.                  å

 

22.2 Plural, Gender. As the individual application of the provisions of this Declaration requires: the singular forms of words shall be deemed to include the plural; the plural forms shall be deemed to include the singular; and the terms referring to one gender shall be deemed to refer to the other gender as well.           å        

 

22.3    Successors and Assigns. As used in the provisions of this Declaration, the reference to "Declarant" is deemed also to include the successors or assigns of BEECH MOUNTAIN LAKES CORPORATION.                                         å

 

22.4      Interpretation. The provisions of the Association Instruments shall be liberally construed to effectuate the purpose of ensuring that the Development shall at all times be operated and maintained in a manner so as to optimize and maximize its enjoyment and utilization by each Owner as a vacation resort.                å

 

22.5  Severability, Invalidation of any one of these covenants or restrictions by judgment or court order shall in nowise affect any other provisions, which shall remain in full force and effect.                                                                å

 

22.6   Waiver. No restriction, condition, obligation, or provision contained in the Association Instruments shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.                                                                  å

 

22.7   Binding Effect. The provisions of the Association Instruments shall be binding upon all parties having or acquiring any Interest or any right, title, or interest therein, and shall be for the benefit of each Owner, his heirs, successors, and assigns. Each Owner (including Declarant) shall be fully discharged and relieved of liability on the covenants contained therein, in his capacity as Owner, insofar as such covenants relate to each Interest, upon ceasing to own such Interest and upon paying all sums and performing all obligations thereunder, up to the time his ownership interest terminates, as provided herein.                                      å

 

22.8  Notices. Any notice required to be sent to any Owner or Community Association under the provisions of this Declaration shall be deemed to have been properly sent when (i) mailed, postage prepaid, to the owner's last known address or to the Community Association's Secretary as same appears on the records of the Association provided to the Declarant at the time of such mailing or (ii) when delivered personally to the Owner or Secretary of the Community Association.  å 

 

22.9  Choice of Law. This Declaration shall be construed in accordance with the laws of the Commonwealth of Pennsylvania.                                                  å

 

22.10  Perpetuities and Other Invalidity. If any of the options, privileges, covenants or rights created by this Declaration would otherwise be unlawful or void for violation of (a) the rules against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such provisions shall continue only until twenty-one (21) years after the death of the survivor of the now living lawful descendants of the President of the United States at the time of recording of this Declaration.                                                                                                   å

 

22.11   Title Holding Land Trust. In the event title to any Unit is conveyed to a title holding trust, under the terms of which all powers of management, operation and control of the Unit remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for payment of all Charges and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Unit. No claim shall be made against any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obliga­tion. The amount of such lien or obligation shall continue to be a charge or lien upon the Unit and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such Unit.                            å