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ARTICLE VIII <br /> General Provisions <br /> Section 8.1 "Attorney's fees and Exnenses" Should the Association or any <br /> Owner default in any of the covenants, representations or warranties contained herein, the <br /> defaulting panty shall pay all of the non-defaulting party's costs and expenses, including <br /> reasonable attor ney's fees which may arise or accrue from enforcing the terms and <br /> provisions of this Declaration, or in pursuing any remedy provided by the statutes or <br /> other laws of the State of Colorado, whether such costs and expenses are incurred with or <br /> without suit,before or after judgment or at trial or an appeal. <br /> Section 8.2 "Inv;-lidity or Unenforceability" The invalidity or unenforceability <br /> of any portion or provision of this Declaration shall in no way affect the validity or <br /> enforceability of the remainder hereof. <br /> Section 8.3 "Amendments" This Declaration may be amended in whole or un <br /> part only by the affrrtnative vote or ANTittetn consent of 60% of the votes cast regarding the <br /> issue of amendments at a proper noticed election. It shall not be necessary to obtain <br /> approval of 60%of all lot owners, but only 60%of the votes cast in a properly held <br /> election.However,the restrictions requiring 35-acre lots size and prohibiting the division <br /> of a lot into smaller parcels shall not be changed. Further, the requirement that the <br /> primary use of that property be agricultural shall not be changed without prior approval <br /> of the County of Huerfano. <br /> Section 8.4 " Constrictive Notice and Acceptance" Every person who owns, <br /> occupies or acquires any right,title, estate or interest in or to any lot or other portion of <br /> the Property does and shall be conclusively deenied to have consented and agreed to <br /> every limitation, restriction, easement, reservation, condition and covenant contained <br /> herein, whether or not any reference to these restrictions is contained in tlne ilstrutnent by <br /> which such person acquired an interest in the Property or any portion thereof. <br /> `section 8.5 "No Public Right or Dedication"Nothing contained in the <br /> Declaration shall be deemed to be a gift or dedication of all or any part of the Property to <br /> the public or for any public use. <br /> Declaration of Covenants,Conditions <br /> And Restrictions of F.R.Funding Corporation—Page 7 <br />