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11. The party of the first part or its successors and assigns <br /> shall have the right to enforce the covenants herein in an action at law or <br /> in equity. <br /> 12. Waiver by party of the first part or its successors or assigns <br /> to enforce any provision of these covenants shall not be deemed a waiver for <br /> future violation or for other kinds of violations. <br /> 13. These Restrictive Covenants are for the benefit of the party of <br /> the first part, its successors and assigns, and may be waived, terminated or <br /> modified with the written consent of the party of the first part or its <br /> successors and assigns, provided that no such waiver, termination or <br /> modification shall be more restrictive or become effective until said <br /> writing shall be executed and recorded in the Clerk and Recorder's office in <br /> Eagle County, Colorado. <br /> APPROVED AND ACCEPTED: <br /> PARTY OF THE FIRST PART <br /> THE BRUSH CREEK & EAGLE RIVER COMPANY <br /> A Colorado Limited Partnership <br /> By: Granaway Partners, A General Partner <br /> By <br /> Chester M. Cold�ari, a Partner <br /> PARTY OF THE SECOND PART <br /> NOTTINGIW4 SAND AND GRAVEL COMPANY <br /> A Colorado Corporation <br /> By <br /> W. E. Nottingh Jr. , Pr dent <br /> �'•.`;j'--i.StEpYi,.nS;W Nottingham, Secretary <br /> STATE OF COLORADO ) <br /> ) ss. <br /> County of Eagle ) <br /> The foregoing instrument was acknowledged before me this <br /> day of June, 1978, by Chester N. Coldman, a partner of Granaway Partners, a <br /> Colorado partnership; and W. E. Nottin.gham, as president, and Stephen W. <br /> Nottingham, as secretary, of Nottingham Sand and Gravel Company, a Colorado <br /> corporation. <br /> Witness my hand and official seal. <br /> seal. <br /> My commission expires /��f <br /> .......... <br /> tro ry Public <br /> Y ' <br /> r = - <br />