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5 . Covenants Run with the Land . All covenants , conditions and Restrictions contained in this Deed <br /> shall be covenants running with the land , and to the fullest extent permitted by law and equity, be <br /> binding upon the Property for the benefit of and in favor of , and be enforceable by , the <br /> County <br /> against the Grantee and any party in possession or occupancy of the Property or any portion <br /> thereof . The covenants , conditions and restrictions set forth in this Deed are intended to be <br /> perpetual , but may be modified in a document in recordable form executed by the County and the <br /> Grantee , or the Grantee ' s successors in interest in the event that the character of the <br /> neighborhood within which the Property is located changes substantially through the passage of <br /> time <br /> 6 . Property as Servient Estate . For the purposes of this instrument , the Property and all portions <br /> thereof shall be the servient tenement and the County shall be the dominant tenement . The <br /> Restrictions shall run with the Property and be binding on all persons acquiring title to the Property , <br /> or any portion thereof , and all persons claiming under them . <br /> 7 . Enforcement by County . The County is the beneficiary of these Restrictions , and as such , the <br /> County may enforce these Restrictions by action at law or in equity , including without limitation , a <br /> decree of specific performance or mandatory or prohibitory injunction , against any person or <br /> persons , entity or entities , violating or attempting to violate the terms of these Restrictions . <br /> 8 . Waiver ; Invalidity ; Construction ; Venue . Any failure of the County to enforce these Restrictions <br /> shall not be deemed a waiver of the right to do so thereafter . No waiver of these Restrictions shall <br /> be effective unless contained in a written document executed by County . Any waiver shall only be <br /> applicable to the specific instance to which it relates and shall not be deemed to be a continuing or <br /> future waiver . If any covenant , restriction , condition or provision contained in this Deed is held to <br /> be invalid by any court of competent jurisdiction , such invalidity shall not affect the validity of any of <br /> the other Restrictive Covenants herein contained , all of which shall remain in full force and effect . <br /> This Deed shall be construed in accordance with the laws of Florida and venue shall be Indian <br /> River County , Florida . <br /> IN WITNESS WHEREOF , the Grantor has caused this Deed to be executed in its name by its <br /> Board of County Commissioners , acting by the Chairman of such Boar,,d, the day and year <br /> aforesaid . <br /> f. <br /> INDIAN RIVER C0UNT`{( a <br /> Attest : J . K. Barton , Clerk <br /> By By <br /> Deputy Clerk Wesley S . Davy , Chairman <br /> BCC approval date June 9 , 2009 <br /> INDIAN RIVER COUNTY <br /> ACCEPTED : HABITAT FOR HUMANITY , INC . <br /> 5 7 Florida ylot for profit corporation , <br /> to 0, / <br /> P yap <br /> y <br /> revs, 3 Pawbil.fasident <br /> July 15 , 2009 <br /> Dated AI: PROVE. .) AS TO FORM <br /> EG SOFFY <br /> Y <br /> 64 MARIAN E , r LSE l_ <br /> ASSISTANT COUNTY ATTORNEY <br /> 3 <br />