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of this Declaration. If successful, the party seeking enforcement of the terms hereof shall bc <br /> entitled to recover from the pariy violating the terms of this Declaration reimbursement for ali <br /> costs and expenses af litigation, including reasonable attorney's fees, witness fees, service of <br /> process fees, deposition costs, expert witness fees, and any other costs incurred in securing such <br /> relief. <br /> 9.3 Severabilitv. Invalidation of any provision hereof by judgment or caurt order <br /> shall not affe.ct any of the other pmvisions, which shall remain in full force and effect <br /> 9.4 Amendment. This Ueclaration may be amended by aa instrument executed salely <br /> by Developer until Developer is the Owner of fewer than three (3) of the Lots, and thereafter <br /> may be amended by an inst�nYment executed by Owners of at least eight{8} of the Lots;provided, <br /> however, that: Section 8.5 may not,be amended without tlxe express written consent of the <br /> Owner of each of the Lots; and no part of the Property may be deprived of any easement granted <br /> pursuant to this Declarati�n without the wriiten consent of each Owner and lienholder of that <br /> part of the Property. <br /> IN V'VTINESS WHEREOF,Developer has caused this Declaradon to be duiy execut.�d on <br /> the day and year first above written. <br /> DEVELOPER: <br /> BPS Properties,LLC <br /> sy: <br /> George W. Stickney <br /> Its: Chief Manager <br /> 23 <br />