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Declaration or the Bylaws of the Association. Failure by the <br />Association, the City or any Owner to enforce any covenant or <br />restriction herein contained shall in no event be deemed a waiver <br />of the right to do so thereafter. The City shall have the right <br />(but not the obligation) to enforce the following provisi^' ^'s^6f <br />this Declaration: <br />Art. II, Sec. 1(b): Municipal approval of dedication or <br />transfer of Common Area <br />Art. Ill, Sec. 1: Maintenance of Sugarwoods Drive. <br />Art. Ill, Sec. 2: Maintenance of private utilities. <br />Art. Ill, Sec. 3: Maintenance of rivate Woodland Preserve. <br />Art. IX, Sec. 14: Maintenance of Duilding Setback Areas. <br />Art. IX, Sec. 16: Lot Coverage. <br />Art. X, Sec. 1: EnforceT^ent. <br />Art. X, Sec. 3: Amendment <br />Section 2. Severability. Invalidation of any one of these <br />covenants or restrictions by judgment or court order shall in no <br />way affect any other provisions which shall remain in full force <br />and effect. <br />U0a) <br />Section 3. Amendment.The covenants and restrictions of this <br />%0Declaration shall run with and bind the land, for a term of^thirty <br />J30) years from the date this Declaration is recorded, aftdr' whidfl" <br />time they shall be automatically extended for successive periods <br />of ten (10) years. This Declaration may be amended by an <br />instrument signed by at least 67% of each class of members and the <br />first mortgagees of at least 51% of the Lots. ^wever« each <br />amendment that modifies those provisions of this Declaration that ^ i <br />may be enforced by the City (see Article X, Section 1) or modifies fJcw <br />the definitions of "Building Setback Area" or "Private Woodlanc <br />Preserve" in Article I must be approved by the City Council anc <br />the amendment instrument must be signed by the City officials <br />authorized to sign by the City Council. ^Each amendment must be <br />recorded to be effective. F* <br />Section 4. FNMA Provisions. In addition to various other <br />provisions of this Declaration and the Bylaws, which meet the <br />requirements of FNMA, the following additional FNMA provisions are <br />applicable to the Association, Lot Owners and the Properties: <br />(a) No insurance on the Properties, including fidelity bonds, <br />may be canceled or materially modified without giving ten (10) days <br />prior written notice to any first mortgagee, any mortgage servicer <br />- 19 -