text:
NPR has just released a fascinating set of stats about its Twitter followers, including information about how much they click through, how they get their news, how they interact with content and even how old they are.
In a survey of more than 10,000 respondents, NPR found that its Twitter followers are younger, more connected to the social web, and more likely to access content through digital platforms such as NPR's website, podcasts, mobile apps and more.
NPR has more than one Twitter account; its survey found that most respondents followed between two and five NPR accounts, including topical account, show-specific accounts and on-air staff accounts.


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An Australian radio DJ who duped a nurse into helping reveal details about the pregnant Kate Middleton's health wept today as she told of the moment she heard that Jacintha Saldanha had died.
DJ Mel Greig told Australian TV networks: "Fortunately I remember that moment very well because I haven't stopped thinking about it since it happened.
"I remember my first question was 'Was she a mother?'.
"I have thought about this a million times in my head, that I just wanted to reach out to them and just give them a big hug and say sorry.
"I hope they are OK, I really do."
Her colleague, Michael Christian, added: "I just hope that they get the love, the support, the care that they need."
Speaking on the Today Tonight on Channel Seven, Greig said: "It doesn't seem real because you just couldn't foresee something like that happening from a prank call.
"You know it was never meant to go that far. It was meant to be a silly little prank that so many people have done before.
"This wasn't meant to happen."
Christian said: "I don't think that anyone could have predicted what could've happened. It was just a tragic set of circumstances that I don't think anyone could have thought that we'd be here."
He insisted that they had assumed they would be hung up on.
"The call to begin with wasn't about speaking to Kate," he said.
"It wasn't about trying to get a scoop or anything. The call was just - I mean we'd assumed that we'd be hung up on and that'd be that."
The two DJs were able to trick two nurses at London's King Edward VII's Hospital.
Mother of two Ms Saldanha, 46, who took the initial call before putting the pair through to a colleague, was found dead on Friday in what appears to be a suspected suicide.
Greig and Christian, DJs on the station 2Day FM, were quizzed about the incident today on the Australian TV programmes A Current Affair and Today Tonight.
They pulled out of a third interview they were meant to do for The Project, on the Ten network, because they were unwell, according to a spokesman for the TV channel.
In a statement, the radio station's owner, Southern Cross Austero Media, said it had suspended advertising on 2Day FM until further notice, ended Greig and Christian's Hot 30 show and suspended prank calls across the company.
The statement said attempts had been made to contact the hospital before the hoax was broadcast, adding that it believed no laws had been broken.
The statement said: "Several attempts were made by the production team to discuss the segment with the hospital, but with no success. The segment was referred to an internal review process which included internal legal review and authorisation was granted to broadcast.
"The company does not consider that the broadcast of the segment has breached any relevant law, regulation or code. The company will fully co-operate with any investigations."
SCA chief executive officer Rhys Holleran said: "First and foremost we would like to express our deep and sincere condolences to the family of Jacintha Saldanha for their loss.
"We are very sorry for what has happened.
"As a leading commercial radio broadcaster, we must ensure that our internal processes and protocols are robust.
"We don't claim to be perfect and we always strive to do better. We have initiated a detailed and rigorous review of our policies and procedures to inform any improvements we can make.
"We are also providing support to our people who are deeply saddened by this tragic and unforeseen event."

subset: commoncrawl


text:
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: Confirmed with Link:
[EDM/STL] David Perron for Magnus Paajarvi + 2nd '14 | Part 2
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Join Date: Jul 2010
Posts: 888
vCash: 500
Originally Posted by
Blues fan here. Blues are pretty tough up front. I'd say we're one of the bigger and most physical teams in the West along with LA. Has HeavyHitter seen Chris Stewart fight?
Anyways, if you guys think Perron is gonna be some extreme pest like a Steve Ott or anything even close to that you're going to be sorely disappointed. He's not really much of a pest at all, he doesn't hit or chirp or really get in anyone's face or any of that stuff. The only things he occasionally does is go annoy the goalie in front of the net before some defenseman throws him to the ice like a rag doll.
He's fearless, but he's not really going to add any toughness to your team or anything.
Granted I haven't had the time to read through your entire thread so maybe I'm off base on what you're talking about, but I just don't want you guys to get any misconceptions about him at all. He's not a physical player. He just has a lot of passion for the game and will do whatever to win, whether that's get mauled in front of the net or whatever. Most things don't seem to effect him (except for blind side hits which goes for any player).
Also the 205 lbs he's listed at on your site is pretty generous. I'd say he's about 6'0'' 195 maybe.
He has good hands. Just needs to learn how to release the puck quicker on his wrist shot if he wants to become that 30 goal scorer. But being surrounded with skilled guys in Edmonton, I think he could reach that number. He needs to play in an offensive system to fully use his creativity, but he still needs to make quicker decisions and shoot more. The talent is there for sure though.
Thanks for your post. Its good to hear outside perspectives that are not centered around the oilers *thumbs up*
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Darklord comic maskItem #: 26276
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text:
Kylie Jenner Gets 'Buzzed' for Her Birthday
She didn't opt for a Demi Moore circa G.I. Jane buzz cut, but rather a slightly edgy Lady Gaga under shave.
celebrated her birthday with a host of famous friends, including Justin Bieber and Tyga, shared this photo with her nearly 11 million Instagram followers yesterday.
Kylie captioned the pic: "So this happened yesterday"
Do you like Kylie's new 'do?


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I'm currently in the entertainment industry, I will be getting silicone gel implants and maybe a crescent lift. How long will it take for the scar to be unnoticeable, due to the fact i have to take my shirt off?
Crescent Lift Scars
Doctor Answers 16
Scars and the "crescent" breast lift
First I would strongly advise against and condemn the so-called crescent breast lift. In my opinion it is ill-conceived and wishful thinking that it actually lifts the breast or raises the nipple-areola. The scars are poorly controlled and tend to be worse than other lift techniques. Even peri-areolar scars and lifts which do have at least some lift effect are rarely worth the scars. The best results are seen in women who didn't really need a lift. If you truly need a lift, something that can be determined by exam, then a proper lift with what is called a circum-vertical or "lollipop" incision is the best way to accomplish it. Breast implants do not lift breasts. They can simulate it or provide a lift effect but they don't actually lift the breast.
Scars around the breast or anywhere on the skin are not something that can be guaranteed. The best plastic surgeons can do is tell you where they're going to be, why they have to be there or how long they have to be, and how we do everything we can to help them heal uneventfully and mature/fade out over time. Most incisions are healed well enough to start using moisturizers and/or makeup to conceal them. Eventually, particularly around the areola, they can be colored in by permanent makeup techniques (tattooing). During the maturation process of 3-12 months or more you want to avoid anything that would irritate or stimulate them. Friction, drying and cracking, and sun are the worst offenders.
Even a previous scar on the breast is no guarantee of how a new one is going to look. Some parts of the breast heal scars better than other parts and of course everyone is different in terms of how they scar.
There is also no way to improve on normal healing and scar formation/maturation. The various techniques to "erase" or minimize scars are only helpful in abnormal scarring and most, such as lasers, are overrated.
I would avoid the crescent lift and even the periareolar lift if you don't seriously need a lift and use a properly sized and positioned implant to fill out the breast and give it a lifted effect using a 2 cm scar in the inframammary crease for saline-filled implants and about a 3 1/2 cm scar for silicone gel-filled implants.
Crescent lift scars usually heal very well
Most likely you can cover the scars with make up and have your breasts exposed in about two weeks. In general scars of crescent lift fade well within 3-5 months after surgery. but this also depends on the extent of the lift and your skin tone/color.
Learn more: http://www.beautifulself.com/breastlift_techniques.htm
Crescent Lift
The crescent or periareolar mastopexy is ideal for patients with mild ptosis who require lifting the nipple no more than one to two centimeters and little changes in overall breast shape. During this operation, a periareolar incision (i.e. an incision placed at the junction of the breast skin with the darkly pigmented nipple/areola skin) placed at either the superior aspect of the nipple-areolar complex or surrounding the entire nipple-areolar complex is used. Through this incision, the skin envelope covering the breast tissue is reduced and the breast tissue can be reshaped to a small degree. The advantage to this operation is the minimal amount of scarring which is hidden at the border of the breast skin and areola. The main disadvantages of this operation are that it is not powerful enough for patients with large degrees of sagging, poor skin quality, or flaccid breast tissue. Additionally, the incision placed at the junction of the breast skin and pigmented areola may widen with time, cause flattening of the apex of the breast, and cause "pleating" of the skin that may take several months to resolve.
Learn more: http://www.jaimeperezmd.com
You might also like...
"Crescent" Breast Lifting?
Thank you for the question.
Unfortunately, scars associated with breast lifting will always be potentially "noticeable".
I do not recommend "crescent" breast lifting; the operation does very little to improve the position of the nipple/areola. on the other hand, it is associated with a significant rate of complications such as spreading of the areola and or elongation/distortion of the areola.
Best wishes.
Learn more: http://www.poustiplasticsurgery.com/Procedures/Procedure_breastLift.htm
Crescent lift scars
You may hope for the best, but prepare yourself for the worst. I have seen some truly ugly scars from a crescent lift...wide and hypertrophic (red and ropey)...along with a stretched, oval-shaped, large areola. Yes, you may be one of those who will get decent scars, but I have never seen crescent scars (or for that matter, periareolar "Benelli" scars) that are as inconspicuous as the periareolar scars that result from an augmentation alone. Using an incision for simple access is different than excising skin to perform a lift and closing the incision under some tension.
In someone who is counting on exposing their breasts for their career, and counting on these scars to be almost invisible, which they will probably never be, you should be prepared that they may be noticeable enough that removing your shirt in this way is no longer an option.
Learn more: http://drnichter.com/best-scar-management/
I have given up on the crescent lift
I completely agree with Drs. Stridde and Grenley. I used to do crescents on people who needed a little lift with implants but stopped becasue the scar creates a sharp edge around the top half of the areola and often the lower edge is naturally not sharp so the scar shows more. It can thicken also. It can also elongate the areola into an icebox shape.
Contrary to some others on this answer train, I do perform full periareolar lifts and am happy with the scars as long as you are not trying to push the limits of this surgery. The areolar shape is rounder and the scar goes all the way around so it is less noticeable in my experience.
But all lift scars show and may not be acceptable in your industry. But if you need a lift to look good, you can always use professional makeup to hide the scars.
Crescent Lifts, Scars, and Implants
In my opinion, the crescent lift is not a useful or cosmetic procedure. It accomplishes little other than putting a scar halfway around your areola, without providing any useful "lift". Usually there is tension on this scar (by definition there has to be if it's going to lift) and the scars tend to widen over time. For someone in the entertainment industry this is not a good outcome. Also scars in this location look unnatural and they almost always elongate your areola - another negative outcome.
This type of lift seems to get recommended to people who are on the cusp of needing, or who truly do need a breast lift, but are not willing to accept the scars of a more complete lift. The cresent lift is offered up as a compromise, often along with a larger implant. However, the result is usually not an aesthetic breast shape, a persistently ptotic breast, and an unnatural lift scar with little or no benefit.
Crescent breast lift scars take months to fade
The crescent breast lift is designed to remove skin above the nipple to lift the breast, and is most often combined with breast augmentation. The scar will fade as the periareolar scar does, though it may take several months. Waterproof make up can also be used to conceal the area until it has faded in. Note: the crescent lift is often not worth the scar as there is little lift appreciated from this procedure. You might want to rethink placement of scar on the nipple.
Best of luck,
Learn more: http://www.peterejohnsonmd.com/breast-lift
Scars after breast surgery
Scarring after crescent breast lift can be visible for months after surgery. It takes one year for scars to mature and fade to normal skin color. However, with dark lighting, and coverup makeup like dermablend, you can likely go back to work when ok with your physician and the scars will be inconspicuous. I am also not a "fan" of crescent lift-risks can be areolar distortion, and scar widening with insufficient nipple/areolar lift.
These answers are for educational purposes and should not be relied upon as a substitute for medical advice you may receive from your physician. If you have a medical emergency, please call 911. These answers do not constitute or initiate a patient/doctor relationship.


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Admission and Cost
The comprehensive fee for Jump Start is $2,350. This fee covers the cost of tuition, double-room housing, all meals, books, materials, field-trip fees, and activities for the program. Not included in the $2,350 are personal expenses, such as spending money during field trip excursions.
Full payment for the program must be submitted by Monday, June 26 . Payments may be made through our online billing process via electronic check or credit card. A form for making the deposit will be sent to students upon acceptance. Limited scholarships are awarded to every student who applies. These scholarships are only partial awards and do not cover the full-program costs.
Admission Process and Criteria
Students wishing to apply for admission to the Jump Start program may do so using the on-line application. There is no application fee. However, upon notification of acceptance, a non-refundable $500 deposit will be required to secure your place in the program. The deposit amount will be applied towards the Jump Start program fee.
Applications received by March 1, will receive priority consideration. Students should receive notification regarding acceptance within two weeks of submitting a complete set of application materials. Students will be admitted to their desired choice of academic program according to the date they are accepted and whether space is still available in that program. In the event a desired program is filled, a student will be admitted to their second choice.
Students must have a minimum high school grade point average of 3.0. A letter of support from the student's high school counselor is required. Please contact Summer Sessions for more information.
Application Checklist
- Submit the online application.
- When applying, please choose the 2017 Jump Start Summer Program application.
- Forward an official copy of your high school transcript to:
Xavier University
Office of Admission - Jump Start
3800 Victory Parkway
Cincinnati, OH 45207- 5131


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Submit News
Former NASA Space Shuttle Engineers Still Looking for Work
Tiffany Kaiser
July 17, 2012 7:00 AM
Recipient E-mail
Sender E-mail
(Source: imgur.com)
It has been challenging for the engineers to find jobs that pay as well as NASA
Engineers that once earned six-figure incomes with NASA's space shuttle program are now looking for work or taking jobs that are far below their skill level due to the retirement of the Discovery, Endeavor, and Atlantis shuttles.
Last year, NASA retired each of the three remaining spacecraft in the U.S. space shuttle program, which lasted nearly 30 years.
In February 2011,
Space Shuttle Discovery
was the first of the three to launch on its final mission with
Space Shuttle Endeavour
following in May 2011.
Space Shuttle Atlantis
was the last to go in July 2011.
Since the space shuttle fleet's retirement, about 7,400 engineers from the Kennedy Space Center in Brevard County, Florida (also known as the Space Coast) were laid off. Today, there are only 8,500 workers at the Kennedy Space Center total when there used to be around 15,000.
A majority of those laid off were individuals in their 50s and 60s who made in the realm of $80,000 to over $100,000 annually. But now, these engineers are finding it difficult to locate jobs at their skill level that pay as well as NASA did. In fact, local Brevard County employers have asked that the Brevard Workforce, which is an unemployment agency, stop sending ex-space employees to them because they want salaries that are comparable to what they made at the Kennedy Space Center.
"STOP sending former Space Center employees," wrote one local employer. "They have an unrealistic salary expectation."
Aside from money issues, another problem the former engineers are facing is age. Many have been working for the Kennedy Space Center for decades. Other engineering options mainly take in the younger generations.
"Nobody wants to hire the old guy," said Terry White, a 62-year-old ex-project manager for the space shuttle program who was laid off last summer. "There just isn't a lot of work around here. Or if so, the wages are really small."
NASA's space shuttle fleet is gone for good, but some saw hope in the private sector, such as SpaceX. SpaceX is a California-based space technology company that recently stepped in when NASA retired the space shuttle program. Its
Dragon spacecraft made history recently
when it made the first private spaceflight to the International Space Station (ISS).
However, SpaceX didn't require nearly as many employees as NASA did for its space shuttle fleet.
To make up for the loss, many former engineers are stuck having to either retire early, take lower-paying jobs, or collect unemployment.
"I'd be pissed too, but you didn't have to go all Minority Report on his ass!" -- Jon Stewart on police raiding Gizmodo editor Jason Chen's home
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This is "unquestionably a growth budget", according to
The obvious aim is to distract inevitable voter fury about paying more for petrol by suggesting a direct trade-off between a few cents extra a litre and better roads and more jobs.
And to reassure everyone there's some good news as well as a mountain of bad news coming on Tuesday evening.
But the questions about this budget are only getting sharper.
The Treasurer will certainly be hoping the selling of Tuesday's arithmetic is more effective than the selling of the many pre-budget leaks. If this was a clever strategy designed to limit the intensity of the antagonistic reaction by spreading it over a few weeks, it clearly hasn't gone according to plan.
Instead, the political debate about getting the budget back under control has been hijacked by the arguments over "broken promises", especially on tax. The value of restoring "trust" in politics, so promoted ahead of the election, is already on a heavily discounted sale.
He can even sound sanctimonious in the unlikely role of valiantly defending the 2.3 per cent of income earners on more than $180,000 a year against the depredations of a government insistent on "sharing" the burden.
"Hands off Medicare, hands off tax increases, hands off cost of living, hands off the family budget," he declared as he happily denounced "
All care, no responsibility. It's one of the few joys of being in opposition these days.
Coalition dependent on the Greens
To compound the government's political pain, it will now be dependent on how the Greens eventually decide to vote on measures like increases in the income tax for high income earners. This should logically be core Greens policy, of course, but who can rely on logic in the operations of this Senate?
Instead, it forms part of the general political melee that makes it impossible for the government to deliver on what it had promised – let alone what it hadn't promised. The Abbott government gets the howls of outrage from every affected group but no guarantee of the money either.
There is certainly a residual appreciation in the community that the government must curb unsustainable spending in the national interest. This is always easier for voters to acknowledge in terms of generalities rather than particulars, of course.
But to have the slightest chance of being grudgingly accepted, individual, hard decisions need to be part of a coherent and consistent message that this is the only viable path to a better economic future. This sort of message hasn't been persuasively argued by the government, especially over the past few weeks.
Part of this gap between the principle and practice of budgeting is inevitable given the need to maintain at least a veneer of confidentiality until the Treasurer stands up in Parliament on Tuesday night. And unlike
If this Treasurer, for example, were to present yet another version of budget smoke and mirrors in his first major outing, the Abbott government's claim to superior economic management would never recover. Dubious backbenchers are trying to have faith that voters will regain their faith in the government's longer-term direction by the time of the next election. Despite the polls, there's clearly no real appetite for turning back to Labor's time warp as a viable alternative.
But that doesn't mean Hockey and Abbott won't trip themselves up over various specific decisions and the cumulative effect of removing many of the financial supports built up over the years.
Consumer confidence may fall
Consumer and business confidence is likely to plunge as a result, compounding the difficulty of encouraging the private investment and spending necessary to underpin any growth prospects. The markets are nervous about just what will happen. The royal commission starting into unions and union finances this week will be overwhelmed by the reality of family finances in a delicate stage of economic recovery.
Peter Costello may not be popular among his former colleagues given his Damascene conversion about the political and economic stupidity of "temporarily" imposing higher taxes on higher income earners as a way of fixing a short-term deficit problem. But Costello's own task in taking over from an earlier generation of Labor governments 18 years ago was made easier by a steadily improving economy, bolstered by the benefits of a decade of various economic reforms.
Hockey – his successor as Liberal Treasurer – is instead confronting the cost of the lack of economic reform over this past decade. As well as condemning Labor's "mess" as a debt and deficit disaster, that cost includes overturning many Howard government's policies like a generous family payment system and ending the regular indexation of the fuel excise. So Labor will criticise Tony Abbott for undermining even the legacy of his famous mentor. If only there could be a tax on the growth of political hypocrisy.
The Australian Financial Review


text:
Architectural Control Committee Creation and Composition
AND RESTRICTIONS is made this 20th day of June, l99S, by Genesis Land,
L.P., a Georgia limited partnership, having Bock Homes, Inc., a Georgia
corporation, as its sole general partner (hereinafter referred to as "Declarant")
2.02 Conveyance of Common Property.
2.03 Right of Enjoyment. Every Owner shall have a nonexclusive right and easement to use and enjoy the Common Property, which right shall be appurtenant to and shall pass with the title to every Lot upon transfer; provided, however, that no Owner shall do any act which interferes with the free use and enjoyment of the Common Property by all other Owners. The Association may permit Persons who are not Owners to use and enjoy any part or all of the Common Property subject to such limitations, and upon such terms and conditions, as it may from time to time establish. The right and easement of enjoyment granted or permitted by this Section 2.03 is subject to those items set forth in Section 2.04, which include suspension by the Association as provided in Sections 2.04(c) and 3.03.
2.04 Right Of The Association, The
rights and privileges conferred in Section 2.03 hereof shall be subject
to the right of the Association acting through the Board to:
2.05 Types of Common Property. At the time of the conveyance of any real property or grant of easement by the Declarant to the Association to be used as Common Property, the Declarant shall designate in the deed of conveyance or easement that such real property is to be Common Property, and further may designate in the deed of conveyance or easement the specific or general purpose or purposes for which such real property or any portion thereof may be used, and in such event, such real property or portion thereof shall not, without a two-thirds (2/3) vote of both Class A and Class B Members of the Association, be used for any different purpose or purposes. For so long as Declarant owns at least one (1) Lot held primarily for sale, or has an unexpired option to add additional property to these Restrictions, the Common Property may not be used for any different purpose without the written consent of the Declarant.
2.06 Entrance Easements and Entrance Monuments. It is contemplated that certain easements for landscaping or for the erection and maintenance of entrance monuments, subdivision signs, walls, fences and other structures intended to provide an attractive atmosphere or to provide privacy to Owners within the Development will be reserved by the Declarant and may be set forth on plats of survey of the Development recorded in the County records. Such easements shall be perpetual in duration and shall include the right to erect, maintain, repair, replace and re-erect any such structures within the easement areas, as well as the right to plant grass, plants, flowers, shrubs and trees, to tend and garden the same, and to generally landscape the area within said easements to keep them clean, attractive and uniform in appearance for the benefit of all Owners within the Development. All Owners taking title to any Lot upon which such an easement lies will take title subject to the easement rights set forth herein, as well as such rights as may be set forth in the instrument conveying such easements to the Association, Such easements shall be Common Property. In addition, or alternatively, such entrance monuments and other similar improvements, may be constructed within or upon rights-of-way within the Development, in which case, such improvements shall be maintained by the Association as any other Common Property.
2.07 Encroachment Easements, If any buildings or other improvements initially constructed by Declarant, or by any Builder on any of the Lots (including without limitation any eaves, roof overhangs, balconies, siding, porches, or other structures which may be attached to the walls or roofs of such buildings) encroach onto or over or extend into the air space or any portion of the Common Property, or, conversely, if any such improvements initially constructed on the Common Property encroach onto or over or extend into the air space or any portion of a Lot, an easement for the encroachment and or the maintenance, repair and replacement thereof, shall exist so long as the encroachment exists,
2.08 Development Easements. For
so long as the Declarant owns at least one (1) Lot primarily for the purpose
of sale or has the unexpired option to add Additional Property to the Development,
Declarant shall have alienable and transferable rights of way and easements
in, on, over, through, under and across the Common Property for the following
2.09 Delegation of Use. Any Owner
may delegate his right to use and enjoy the Common Property to the members
of his family, his social invitees or his tenants who reside on a Lot.
Tenants who reside on a Lot shall have the same rights of delegation as
an Owner. If an Owner is not occupying his Lot as a primary residence and
has leased his Lot to tenants, the Owner shall not have the right to use
and enjoy the Common Property, which right may only be exercised by the
tenants. Any delegation of rights must be made in accordance with the Bylaws
and will be subject to reasonable regulation by the Board and in accordance
with the procedures it may adopt.
3.02 Membership in the Association. Every Owner shall automatically be a Member of the Association and such membership shall terminate only as provided in this Declaration.
3.03 Voting Rights. Subject to the
following provisions of this Section 3,03, the Association shall have two
classes of voting membership: Class A and Class B,
3.04 Board of Director and Officers.
3.05 Suspension of Membership. The
Board may suspend the voting rights of any Member and the right of enjoyment
of the Common Property of any Person who:
3.06 Voting Procedures. The procedures for the election of Directors of the Association and the resolution of such other issues as may be brought before the membership of the Association shall be governed by this Declaration, the Georgia Nonprofit Corporation Code, the Articles of Incorporation of the Association, and the Bylaws of the Association, as each shall from time to time be in force and effect.
3.07 Control by Declarant and Appointment of the Board. Until such time as Declarant no longer has the right to appoint members to the Board, the Board of the Association shall consist of three (3) members. Notwithstanding any other language or provision to the contrary in this Declaration, in the Articles of Incorporation, or in the Bylaws of the Association, the Declarant hereby retains the right to appoint all members to the Board. The right of Declarant to appoint members of the Board also includes the right to remove and replace appointees until such time as Declarant's right to appoint members to the Board ceases. Declarant shall retain the right to appoint and remove members of the Board until, sixty (60) days after the first of the following events shall occur: (i) the expiration of five (5) years from the date of the recording of this Declaration; (ii) the date as of which three-fourths (3/4) of the Lots which may be developed on the Property and on the Additional Property (as shown on the Master Plan) shall have been conveyed, by either the Declarant or by a Builder who purchased the Lot from Declarant for the purpose of erecting a dwelling thereon, to an individual Owner or Owners for residential occupancy; or (iii) the surrender by Declarant of the authority to appoint and replace directors by an express amendment to this Declaration executed by the Declarant and recorded in the Office of the Clerk of the Superior Court of the county in which the Property is located, Upon the final expiration of all rights of Declarant to appoint and replace directors of the Association a special meeting of the Association shall be called. At such special meeting the Owners shall elect a new Board of Directors which shall undertake the responsibilities of the Board, and Declarant shall deliver the books, accounts, and records, if any, which Declarant has kept on behalf of the Association, and any agreements or contracts executed by or on behalf of the Association during such period, which Declarant has in its possession. Notwithstanding any other language to the contrary, The Board of Directors appointed by the Declarant shall retain the power and authority to act on behalf of the Association, and to exercise all rights available To Board members until such time as a new Board of Directors has been elected, Each Owner by acceptance of a deed to or other conveyance of a Lot vests in Declarant such authority to appoint and replace directors and officers of the Association as provided in this Section.
3.O8 Rules and Regu1ations The Association, through its Board of Directors may make and enforce reasonable rules and regulations governing The use of the Property, and. dwellings within the Property, and the Common Property, which rules and regulations shall be consistent with the rights and duties established by this Declaration. Such regulations and use restrictions shall be binding upon all Owners, occupants, invitees, and licensees, if any, until and unless revised or canceled by the Board of Directors or overruled, canceled, or modified in a regular or special meeting off the Association by the vote of Members representing a majority of the total Class "M votes in the Association, and by the Class ~B~ Member so long as such membership shall exist. For- so long as Declarant owns at least one (1) Lot held primarily for sale, no rule or regulation which modifies or affects the rights, privileges, options or exemptions of the Declarant shall be effective unless consented. thereto in writing by the Declarant.
3.O9 Enforcement. The Association shall be authorized To impose sanctions for violations of this declaration, the By1aws, or rules and regulations adopted by the Association, Sanctions may include reasonable monetary fines arid, suspension of the right To vote and the right To use any recreational facilities within the Common Property. In addition, the Association, through The Board, in accordance with Article VIII of the Dec1aration, shall have the right to exercise the Right of Abatement. To cure violations, and shall be entitled to suspend any services provided by the Association To any Owner or such Owner's Lot in the event that such Owner is more than Thirty (30) days delinquent in paying any assessment or other- charge due to the Association, The Board shall have the power to seek relief in any court. for violations or nuisances, The Association, through the Board, by contract or other agreement, shall have the right to enforce county and city ordinances, if applicable, and Co permit the County To enforce ordinances on the Property for the benefit of the Association and its Members.
3.10 Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration or- by law and any other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
3.11 Governmental Interests. For so long as the Declarant owns any property described in Exhibits 'A" or "B", the Association shall permit the Declarant to designate sites within the Property or fire, police, water, and sewer facilities, public schools and parks, and other public facilities. The sites may include Common Property owned by the Association.
3.12 Security. The Association may,
but shall not be obligated to, maintain or support certain activities within
4.03 Accumulation of Funds Permitted. The Association shall not be obligated to spend in any calendar year all the sums collected in such year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply such surplus to the reduction of the amount of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as the Board may deem to be desirable for the greater financial security of the Association and the effectuation of its purposes.
4.04 Annual Assessment or Maintenance
4.05 Special Assessments for Working
Capital Fund, Nonrecurring Maintenance, and Capital Improvements. In addition
to the annual assessments authorized by this Article IV, the Association
may levy:
4.06 Notice and Quorum. Written notice of any meeting called for the purpose of taking any action requiring vote under Sections 4.04 or 4.05 shall be sent to all members, or delivered to their residence, not less than twenty-one (21) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
4.07 Effect of Nonpayment of Assessment.
4.08 Certificate of Payment. Upon written request, an Owner, a Mortgagee of a Lot, a Person having executed a contract for the purchase of a Lot, or a lender considering a loan of funds to be secured by a Lot, shall be entitled upon request to a statement from the Association (or its management agent) setting forth the amount of assessments, fines and penalties, past due and unpaid together with late charges and interest applicable thereto against the Lot. All such requests shall be in writing, shall be delivered to the registered office of the Association, and shall state an address to which the statement is to be directed. Failure on the part of the Association, within five (5) business days from the receipt of such request, to mail or otherwise furnish such a statement to the party requesting the same to the address directed in the request shall cause the lien for assessments established by the Declaration to be extinguished and of no further force or effect as to the title or interest acquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with such request. The Association may charge a reasonable fee not to exceed ten dollars ($10.00) as a prerequisite to the issuance of such a statement. Any such statement, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and every Owner and any bona fide purchaser of, or lender on, the Lot in question.
4.09 Contributions by Declarant,
While Declarant is under no obligation to do so, it is the Declarant's
intention to support the Association by funding deficits during such time
as the Declarant has the right to appoint members to the Board of the Association,
It is not, however, the intention of the Declarant to forfeit refundable
reserves or deposits paid by Declarant, nor to pay for deficits created
by the nonpayment of assessments by an Owner or Owners. It is also not
the intention of Declarant to pay for expenses which are otherwise covered
in the annual budget, but which, due to the requirement of an advance payment,
create temporary or seasonal deficits. Accordingly, the following covenants
shall apply:
5.02 Purpose, Powers and Duties of the ACC. The purpose of the ACC is to review and approve any proposed installation, construction or alteration of any Structure on any Lot, All plans shall be submitted to the ACC for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing Community-Wide Standard, and (ii) as to the location of Structures with respect to topography, finished ground elevation and surrounding Structures. To the extent necessary to carry out such purpose, the ACC shall have all of the powers and duties to do each and every thing necessary, suitable, convenient or proper for, or in connection with, or incidental to, the accomplishment of such purpose, including, without being limited to, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.
5.03 Officers, Subcommittees and Compensation. The members of the ACC shall appoint a Chairman from among their number and may appoint from among their number such other officers and subcommittees of members of the ACC as they shall from time to time determine necessary, The members of the ACC may, with the approval of the Board, be reimbursed by the Association for traveling expenses and other out-of-pocket costs incurred in the performance of their duties as members of the ACC.
5.04 Operations of the AGO.
5.05 Design Standards.
5.06 Submission of Plans and Specifications,
No Structure shall be commenced, erected, placed, moved onto or permitted
to remain on any Lot nor shall any existing Structure upon any Lot be altered
in any way which materially changes the exterior appearance of the Structure
or Lot, unless plans and specifications therefor shall have been submitted
to and approved in writing by the ACC. Such plans and specifications shall
be in such form and shall contain such information as may be reasonably
required by the ACC, including where applicable, and without being limited
5.07 Approval of Plans and Specifications. Approval for use, in connection with any Lot or Structure, of any plans and specifications shall not be deemed a waiver of the ACC's right, in its discretion, to disapprove similar plans and specifications or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use in connection with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval,
5.08 Disapproval of Plans and Specifications.
The ACC shall have the right to disapprove any plans and specifications
submitted pursuant to this Declaration for any of the following reasons:
5.09 Obligation to Act. The ACC shall take action on any plans and specifications submitted as herein provided within thirty (30) days after receipt thereof. Approval by the ACC, if granted, together with all conditions imposed by the ACC, shall be placed in writing on the plans and specifications and shall be returned to the applicant. Failure of the ACC to take action within thirty (30) days of receipt of plans and specifications submitted for approval shall be deemed approval of such plans and specifications.
5.10 inspection Rights. Any employee or agent of the Association or the ACC may, after reasonable notice, at any reasonable time or times enter upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration; and neither the Association, nor the ACC, nor any such agent shall be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection, provided such inspection is carried out in accordance with the terms of this Section.
5.11 Violations. If any Structure shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the ACC such violation shall have occurred, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the violation, then the Board shall provide written notice to the Owner by certified mail, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation. If the Owner shall not have taken reasonable steps toward the required remedial action with thirty (30) days after the mailing of the aforesaid notice of violation, then the Association shall have the Right of Abatement as provided in Section 8,02 hereof.
5.12 Fees. The ACC may impose and collect a reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 5.10. The fee shall be established from time to time by the ACC and published in the Design Standards.
5.13 Nondiscrimination by ACC. The ACC shall not discriminate against any applicant requesting its approval of plans and specifications because of such applicant's race, color, sex, religion, age or national origin. Further, the ACC in the exercise of its powers granted pursuant to this Declaration shall not take any action the intent or effect of which is to discriminate against persons or a particular race, color, sex, religion, age or national origin.
5.14 Disclaimer as to ACC Approval. Plans and specifications are not reviewed for engineering or structural design or quality of materials, and by approving such plans and specifications neither the ACC, the members thereof, nor the Association assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications, Neither Declarant, the Association, the ACC, the Board, nor the officers, directors, members, employees, and agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner of property affected by these Restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every Person who submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant, the Association, the ACC, the Board or the officers, directors, members, employees, and agents of any of them to recover any such damages and hereby releases, remises, quit-claims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands, and causes of action not known at the time the release is given.
5.15 Declarant. The provisions contained
in this Article, as well as all other architectural control provisions,
including but not limited to building setbacks, contained in this Declaration,
the Articles of Incorporation or the Bylaws, shall not apply to Declarant,
nor to any predecessor Declarants. In addition, said provisions shall not
apply to any Builder who acquires a Lot from Declarant, any predecessor
Declarants, or through other Builders who had acquired the Lot from said
parties for the purpose of constructing a dwelling. thereon; provided,
however, any such Builder must submit to and have its plans and specifications
approved by Declarant, if title to the Lot passed through Declarant, and
provided further, if title to the Lot passed through a predecessor Declarant,
and said predecessor still owns at least one (1) Lot for sale in the Development,
then such plans and specifications must only be approved by said predecessor.
This Section 5.15 may only be amended with the prior written consent of
the Declarant, and any predecessor Declarant still owning at least one
(1) Lot for sale.
6.02 Maintenance. Each Owner shall keep and maintain each Lot and Structure owned by him, as well as all landscaping located thereon, in good condition and repair, including, but not limited to (i) the repairing and painting (or other appropriate external care) of all Structures; (ii) the seeding, watering and mowing of all lawns; and (iii) the pruning and trimming of all trees, hedges and shrubbery so that the same are not obstructive of a view by motorists or pedestrians of street traffic. If in the opinion of the ACC, any Owner shall fail to perform the duties imposed by this Section, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the failure of said Owner to perform the duties imposed by this Section, then the Board shall give written notice to the Owner to remedy the condition in question, setting forth in reasonable detail the nature of the condition and the specific action or actions needed to be taken to remedy such conditions. If the Owner shall fail to take reasonable steps to remedy the condition within thirty (30) days after the mailing of said written notice by certified mail, then the Association shall have the Right of Abatement as provided in Section 8.02 hereof. Guidelines relating to the maintenance of Structures and landscaping may be included in the Design Standards of the ACC.
6.03 Restriction of Use. Lots may be used for single-family residential purposes only, or if conveyed or dedicated to the Association as Common Property, for such purposes as the Association sees fit (subject to such restrictions as may be contained in the grant or conveyance of said Lot) and for no other purposes; provided, however, that Declarant may use any Lot or the Common Property for any purposes necessary or convenient to the improvement and/or marketing and sale of the Property, including, but not limited to, the operation of sales offices and/or model homes.
6.04 Resubdivision of Property. No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the ACC of plans and specifications for such split, division or subdivision. This provision shall not apply to the Declarant.
6.05 Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval of the ACC of plans and specifications for the prevention and control of such erosion or siltation. The ACC may, as a condition or approval of such plans and specifications, require the use of certain means of preventing and controlling such erosion or siltation. Such means may include (by way of example and not of limitation) physical devices of controlling the run-off and drainage of water, special precautions in grading and otherwise changing the natural landscape, and required landscaping as provided for in Section 6.06.
6.06 Landscaping. No construction or alteration of any Structure shall take place without the prior written approval by the ACC of plans and specifications for the landscaping to accompany such construction or alteration.
6.07 Trees . No living tree having a diameter of six (6) inches or more (measured from a point two (2) feet above around level) shall be removed from any Lot unless such removal is in conformity with approved landscaping plans and specifications submitted pursuant to the provisions of Sections 5.06, 6.05 and 6.06 hereof, Guidelines relating to the preservation of trees and other natural resources and wildlife upon the Property may be included in the Design Standards of the ACC,
6.08 Temporary Buildings. No temporary building, trailer, garage or building under construction shall be used, temporarily or permanently, as a residence on any Lot except as temporary sleeping or living quarters required or desirable for security purposes in accordance with plans and specifications therefor approved by the ACC. Declarant may use temporary structures, such as construction trailers, and may authorize the use of the same by any Builder, while developing the subdivision.
6.09 Signs,
6.10 Setbacks.
6.11 Fences. No fence or wall of any kind shall be erected, maintained, or altered on any Lot without the prior written approval of the ACC of plans and specifications for such fences and walls,
6.12 Roads and Driveways. No road or driveway shall be constructed or altered on any Lot without the prior written approval of the ACC of plans and specifications for such roads and driveways. The Declarant, however, shall have the right to construct, or to authorize the construction of, such roads and driveways as may be convenient for the development of the Property or property adjacent thereto through any Lot owned by Declarant,
6.l3 Antennae. No exterior television or radio antennae of any sort nor satellite dish shall be placed, allowed or maintained upon any portion of a Structure or Lot without prior written approval by the AGO. No antennae shall be installed or used for the purpose of transmitting electronic signals.
6.l4 Clotheslines, Garbage Cans, Etc. No clotheslines shall be permitted, All equipment, garbage cans, and woodpiles shall be kept in garage or screened by adequate planting or approved fencing so as to conceal them from view by neighboring residences and streets.
6.15 Parking and Related Restrictions.
6.16 Recreational Equipment. Recreational and playground equipment shall be placed or installed only upon the rear of a Lot unless otherwise approved by the ACC, except that basketball goals may be placed adjacent to the driveway serving a Lot. No above-ground pools shall be allowed.
6.17 Non-Discrimination. No Owner or Person authorized to act for an Owner shall refuse to sell or rent, after receiving a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny the purchase or rental of any Lot to any Persons because of race, color, religion, sex, age or national origin. Anything in this Declaration to the contrary notwithstanding, this covenant shall run with the land and shall remain in effect without any limitation in time.
6.18 Waterfront Land. On Lots adjacent to a lake or creek or other water bodies or courses, no refuse of any kind shall be placed on or disposed of into the adjacent waters which are to be kept clean and free of pollution.
6.19 Animals. No animals, including birds, insects, and reptiles, may be kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. No animal shall be allowed to become a nuisance. No Structure for the care, housing or confinement of any animal shall be constructed, placed or altered on any Lot unless plans, specifications and location for said Structure have been approved by the ACC.
6.20 Solid Waste.
6.21 Nuisances, No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the community.
6.22 Landscape and Monument Easements,
On Lots subject to a Landscape or Monument Easement as set forth on any
recorded plat of survey of the Development, such Lots are subject to those
easement rights set forth in Section 2.06.
7.02 Easement Area. The words "Easement Area' as used herein shall mean those areas on any Lot with respect to which easements are shown on a recorded deed or grant of easement, or on any filed or recorded map or plat relating thereto, or as otherwise set forth in Section 7.01.
7.03 Entry. The Declarant and the- Association, their successors and assigns, directors, officers, employees, agents and representatives, shall have the right at all reasonable times to enter upon all parts of each Easement Area for any of the purposes for which such Easement Area is reserved without being deemed to have committed a trespass or wrongful act solely by reason of such entry and the carrying out of such purposes. The Declarant and the Association shall be responsible for leaving each Lot in good condition and repair following any work or activity undertaken by the same in an Easement Area pursuant to the provisions of Section
7.04 Zoning and Private Restrictions.
None of the covenants, restrictions or easements created or imposed by
this Declaration shall be construed as permitting any action prohibited
by applicable zoning laws, or by the laws, rules or regulations of any
governmental body. In the event of any conflict between such laws, rules
or regulations and the covenants, restrictions and easements created or
imposed by this Declaration, the most restrictive provision shall govern
and control. Notwithstanding the foregoing, if these Restrictions are included
as part of any zoning ordinance or resolution, the adoption of the same
shall not prevent the later modification or amendment of these Restrictions
in accordance with the provisions for amendment contained in this Declaration.
8.02 Right of Abatement.
8.03 Fines and Penalties and Creation
of Lien,
8,04 Specific Performance. Nothing contained in this Declaration shall be deemed to affect or to limit the rights of the Declarant, the Association or any Owner to enforce these Restrictions, However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason of a violation of or failure to perform any of the obligations provided by, this Declaration; and therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof,
8.05 Collection of Assessments and enforcement of lien, If any assessment, interest, cost or other charge is not paid as required by this Declaration, the Association may bring either an action at law against the Owner personally obligated to pay the same, or an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of collecting such assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys' fees.
8.06 No Waiver. The failure of the
Declarant, the Association, or the Owner of any Lot, his or its respective
legal representatives, heirs, successors and assigns, to enforce any Restrictions
herein contained shall in no event be considered a waiver of the right
to do so thereafter, as to the same violation or breach or as to any violation
or breach occurring prior or subsequent thereto,
9.02 Amendment.
10.02 Conditions of Annexation,
Any Annexation as permitted in Section 10.01 of this Article shall be in
accordance with the following terms and conditions:
10.03 Effect of Annexation,
10.04 Proposed or Future Development of Additional Property. Notwithstanding any other provision contained in this Declaration, or any language contained upon any plat of survey of the Development, Declarant is under no obligation to submit any portion of the Additional Property to the Declaration, or to develop any portion of the Additional Property. Any references to proposed' or 'future" development are for the Declarant's reference only, and any portion of the Additional Property may be developed by Declarant as Declarant in its sole discretion sees fit.
10.05 Withdrawal of Property. Declarant
reserves the right to amend this Declaration unilaterally at any time so
long as Declarant holds an unexpired option to expand the Development pursuant
to this Article, without prior notice and without the consent of any Person,
for the purpose of removing certain portions of the Development then owned
by the Declarant from the provisions of this Declaration to the extent
originally included in error or as a result of any changes whatsoever in
the plans for the Development desired to be effected by the Declarant.
11.02 Notice and Regulation. Any Owner intending to lease his Lot, or any portion thereof, shall give written notice of such intention to the Board of Directors, stating the name and address of the intended lessee, the terms of the proposed lease and such other information as the Board may reasonably require, The Board of Directors shall have the authority to make and enforce reasonable rules and regulations in order to enforce this provision, including the right to impose fines constituting a lien upon the Lot being leased.
11.03 Required Lease Provisions,
The Board of Directors may set the minimum lease term; however, said minimum
term shall not be set for greater than one (1) year. All leases and lessees
are subject to the provisions of the Declaration and Bylaws. The Owner
must make available to the tenant a copy of this Declaration. Any leases
of a Lot, or a portion thereof, shall be deemed to contain the provisions
of Sections 11.03(a), (b), (c) and (d), whether or not said provisions
are expressly stated therein, and each Owner covenants and agrees that
any lease of his Lot shall contain the language of said provisions, and
further, that if such language is not expressly contained therein, then
such language shall be incorporated into the lease by existence of this
covenant on the Lot. Any lessee, by occupancy of a Lot, agrees to the applicability
of this covenant and its incorporation as part of the lease along width
the following provisions:
11.04 Enforcement, For the purpose of enforcing the provisions of Section 11.03, which shall be incorporated in the provisions of any leases of a Lot, each Owner, by acceptance of a deed or other conveyance of a Lot, hereby irrevocably appoints the Association, which may act by any one of its authorized officers, as his attorney-in-fact, to enforce said provisions and to take action, at law or equity, which could be taken by said Owner against the Lessee should Lessee default in performance under the lease agreement. Each Owner hereby further acknowledges that this power of attorney shall only apply in the event of noncompliance by a Lessee with the provisions of Section 11.03, and that the Association, its Board of Directors, employees and agents shall be held harmless by each Owner in exercising the power of attorney herein granted to the Association.
11.05 Expenses of Eviction. In the event the Association proceeds to evict the Lessee, any costs, including attorney's fees and court costs, associated with the eviction shall be specifically assessed against the Lot, becoming a lien thereon subject to enforcement in accordance with Sections 8.03 and 8.05 of this Declaration, and shall become the personal obligation of the Owner thereof, such being deemed hereby as an expense which benefits the Lot and the Owner thereof.
11.06 Rights of Lessee, Any Lessee charged with a violation of the Declaration, Bylaws, or rules and regulations is entitled to the same rights to which the Owner is entitled as provided in the Association's Bylaws.
11.07 Rights of First Mortgagees.
Notwithstanding anything to the contrary herein contained, the provisions
of this Article shall not impair the right of any first Mortgagee to:
12.02 Severability. A determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provisions hereof.
12.03 Headings. The headings of the Articles and Sections hereof are for convenience only and shall not affect the meaning or interpretation of the contents of this Declaration.
12.04 Gender. Throughout this Declaration, the masculine gender shall be deemed to include the feminine and neuter, and the singular, the plural, and vice versa.
12.05 Notices. All notices, requests,
12.06 No Liability, Declarant has,
using best efforts and all due diligence, prepared and recorded this Declaration
so that each and every Owner shall have the right and the power to enforce
the terms and provisions of this Declaration against every other Owner,
However, in the event that this Declaration is, for any reason whatsoever,
unenforceable by an Owner (or any other Person)' in a court of law or otherwise,
Declarant shall have no liability of any kind as a result of such unenforceability,
and each and every Owner, by acceptance of a deed conveying a Lot, acknowledges
that Declarant shall have no such liability.
13.01 Notice of Action. An institutional
holder, insurer, or guarantor of a first Mortgage, who provided written
request to the Association (such request to state the name and address
of such holder, insurer, guarantor and the Lot number, therefore becoming
an "eligible holder"), will be entitled to timely written notice of:
13.02 Right to Records. Upon written
request in accordance with Section 13.01, all eligible holders shall:
13.03 Insurance.
13.04 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the cases of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property,
13.05 Service Provided b Declarant d. professional Management, The Declarant can provide services and goods for the benefit of the Association and bill or charge the Association for the same, Any agreement for professional management of the Association, or any other contract providing services of the Declarant, may not exceed three (3) years, Any such agreement must provide for termination by either party without cause and without payment of a termination fee upon ninety (90) days written notice.
13.06 Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Residence.
13.07 Amendment by Board, Should the Department of Veterans Affairs, the Federal Housing Administration, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation subsequently delete any of their respective requirements which may have necessitated the provisions of this Article or make such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes.
13.08 Applicability of Article XIII. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Georgia law for any of the acts set out in this Article.
13.09 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action, including but not limited to the amendment of this Declaration, shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty (30) days of receipt of any such request sent by or at the direction of the Association by certified mail, return receipt requested.
13.10 HUD/VA Approval. As long as
there is a Class "B" membership, the following actions shall require the
prior approval of the Federal Housing Administration or the U.S. Department
of Veterans Affairs, if either such agency is insuring or guaranteeing
the mortgage on any Lot: annexation of additional property other than that
described on Exhibit "B", dedication, conveyance or mortgaging of Common
Property, or material amendment of this Declaration. If either FHA or VA
is insuring or guaranteeing the mortgage on any Lot, no portion of the
Common Property may be mortgaged or conveyed unless at least 67% of the
total Class "A" Members consent, not including the Declarant.


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See this thread.
It helped me solve my problem. It seems jockey is blacklisting atheros drivers if you try using proprietary driver then switching back.
I also think I found another source for downloading a .deb package for your madwifi driver. Problem is I need to go to another installation to see if the history is still there from getting it a week ago.
I'll repost later.


text: http://www.clusterresources.com/bugzilla/show_bug.cgi?id=206 --- Comment #1 from Craig West <cwest at vpac.org> 2012-08-06 22:52:19 MDT --- After looking through the code I believe I have found some useful information. The file affected is server/node_manager.c It appears to have happened around r4798 or r4799, but I can't be sure. For simplicity I will attach a patch for "my" fix, which has not been extensively tested. /* ** The only state that carries forward is if the ** node has been marked offline. */ while ((np = next_host(&allnodes,&iter,NULL)) != NULL) { if (!(np->nd_state & INUSE_OFFLINE)) { fprintf(nstatef, fmt, np->nd_name, np->nd_state & savemask); } If I remove the "!" on the line with "np->nd_state" it seems to work, and it follows the statement above the code block now. As stated in my previous description of the problem the earlier versions of Torque put a "1" in the server_priv/node_state file for nodes that ARE offline. The current code puts a "0" if the node is NOT offline. If the node is not in the server_priv/node_state file then problem doesn't appear. Craig. -- Configure bugmail: http://www.clusterresources.com/bugzilla/userprefs.cgi?tab=email ------- You are receiving this mail because: ------- You are on the CC list for the bug.


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Eggplant 5 Waysby Jennifer Perillo in In Season, August 27th, 2014
Tomatoes get all the love during summer's peak, and while I do adore them, I really fall for eggplant this time of year. The most common of them are the large deep-purple ones called black beauty, or sometimes globe eggplants. A trip to your local farmers market will reveal the many other varieties that abound — Fairy Tale, Turkish, Japanese and Italian are just a few of them.
When working with the large globe eggplants, it's important to salt them. This helps remove any bitterness and draws out extra moisture from the eggplant. Fried eggplant was a favorite of mine when I was growing up, and it's something my daughters love now. Nowadays I alternate between frying eggplant on the stovetop and making this crispy baked version for a healthier way to fulfill our cravings. Here are five more ways to enjoy eggplant while it's in season.


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Your browser does not support iframes.
By Ryan Quinn
Frankfort State Journal
In the roughly two months before state legislators reconvene in January to consider bills that could block the Bluegrass Pipeline, the companies involved in the project are nailing down easements — and opponents are meticulously trying to track their progress.
Officials with Williams and Boardwalk Pipeline Partners have started acquiring easements in neighboring counties for the proposed Bluegrass Pipeline.
Meanwhile, Kinder Morgan and MarkWest Utica have joined forces on a competing project to bring natural gas liquids from Pennsylvania, Ohio and West Virginia to the Gulf of Mexico.
But opponents of NGL pipelines aren't ready to give up the fight just yet.
By Randy Patrick
Landmark News Service
Williams company representatives say they want to establish trust with landowners in negotiating for easements for the Bluegrass Pipeline. But some Nelson County residents say land agents or surveyors have been trespassing on their property.
If that's true, a Williams spokesman said, there will be consequences for the agents.
Spring View Hospital had a pumpkin decorating contest for Breast Cancer Awareness last week and all of the proceeds benefited the hospital's Relay for Life team. The pumpkin with the most donations won the contest. The pumpkin contest raised a total of $588 for the Spring View Hospital Relay for Life Team.
By Rick Arendt
Guest Columnist
Recently, The Kentucky Standard had a full-page color ad extolling the virtues (safe, reliable, American, and an opportunity for Kentucky) of the dream project of Williams and Boardwalk called the "Bluegrass Pipeline LLC". They did not include the "LLC" in the ad. LLC stands for Limited Liability Corporation. This structure protects the assets of the parent companies (Williams and Boardwalk) from any troublesome lawsuits related to the project.
Today is National Eating Healthy Day.
No, really, it's true.
Gov. Steve Beshear said so.
So, put that bag of Halloween candy in the trash. Or, at least put it out of your sight for today.
A business brief announcing that Steven Glover has started working at The Hair Company included the wrong phone number. The correct number is 270-692-6747.
Recent stories about the Marion County boys soccer should have identified John May as the goalkeeper.
He may have been referring to the members of the Royal Air Force, but when British Prime Minister Winston Churchill said, "Never in the field of human conflict was so much owed by so many to so few," he could easily have been talking about our own country's veterans.
They make up less than eight percent of the United States' population, but it is no overstatement to say our lives would be very different without their countless contributions and sacrifices.
The National Weather Service has issued a tornado watch for several Kentucky counties, including Marion County, until 2 a.m. Friday, Nov. 1.
According to the weather service, wind gusts of 20 to 30 miles per hour are likely, with some gusts up to 40 miles per hour. Strong winds can affect driving, particularly in high profile vehicles. The winds could blow over weakened trees or blow around unsecured outdoor objects.
A Liberty man has been arrested more than three years after walking away from work release while he was being incarcerated at the Marion County Detention Center.
James H. Shell, 48, was arrested at 9:15 a.m. Oct. 30 at Kentucky State Police Post 15, according to the state police.
Shell walked away on March 17, 2010, while he was doing community service at the Marion County Animal Shelter, according to the Marion County Detention Center. At that time, Shell was being held on a flagrant non-support charge.
Copyright © 2017
The Lebanon Enterprise is your source for local news, sports, events, and information in Marion County and Lebanon, KY, and the surrounding area.


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George Frampton, President Clinton's Assistant Secretary of Interior
for Fish and Wildlife and Parks, is the former president of the Wilderness
Society (1986-1993), a former partner in Rogovin, Huge and Lenzer (1976-1984),
a former law clerk to U.S. Supreme Court Justice Harry Blackmun, and former
special prosecutor on the Watergate Special Prosecution Force. He is also
a former fellow at a public interest law firm, the Center for Law and Social
Policy. Frampton has no formal environmental education, having received
a Masters in Economics degree from the London School of Economics and a
J.D. from Harvard Law School.
The Wilderness Society -- for which Frampton served as president -- traces its roots to socialist movements. Robert Marshall, one of the founders of the Wilderness Society, was a member of the Socialist Party of Norman Thomas and an advocate of overthrowing the American form of government. Another organization founder, Benton MacKay, was a member of the Socialist Party of America, the party that nominated Eugene Debs for President in 1920.
Under the leadership of George Frampton, the Wilderness Society nearly doubled. Its funding base also grew, with the group receiving grants from such corporate giants as Archer Daniels Midland Corporation, an agricultural corporation that the Society would presumably consider to be corporate polluter given its dependence on pesticides and fertilizers. During Frampton's tenure, the Wilderness Society was one of the major players in the battle in the Pacific Northwest over the spotted owl, which ultimately led to the loss of thousands of forest industry jobs. One of the Society's principal contributions to that battle was producing a study showing that timber industry job losses were due principally to automation and job experts. The group cooked the books by only including large timber companies in its study -- those companies that owned their own timber -- thus skewing the results.
Selected Frampton Quotes
"We ought to make the whole state [of Alaska] an historical park so people can... see how folks thought in the 19th Century." - George Frampton, speaking at an Earth Day press conference, April 21, 1992
"...A group of industries, principally mining logging and... ranching... for decades have enjoyed enormous federal subsidies to develop and exploit the public lands... We're going to help the environment... And they're fighting back. If you had a license to loot the federal treasury, you'd be fighting to keep it too." - George Frampton, speaking at an Earth Day press conference, April 21, 1992
"[Some Americans] believe environmentalism has replaced Communism as the number one enemy. They have fixed on environmentalism as the green phase of international socialism." - George Frampton quoted in The New York Times as cited in Trashing the Economy by Ron Arnold and Alan Gottlieb, 1993
"That kind of approach is at least a step or two to the right of James Watt. We've spent the past two years building flexibility into the act, and these radicals are ready to run that off the cliff." - George Frampton quoted in The New Republic responding to a suggestion by Representative Helen Chenoweth that rather than introduce wolves into Idaho wilderness to control elk populations a hunting season be established, April 24, 1995
"Our only rational options are to reject privatization and commercial exploitation of our precious public resources in favor of long-range planning, careful stewardship and protection. We must not squander our heritage or forsake our birthright." - George Frampton quoted in Wilderness, Summer 1988
Dossier Credibility Ranking
On a scale ranging from 0 to 10 measuring political science versus real science, George Frampton scores a 10.0 for political science.
Version Date: February 28, 1996
|Return to National Center Home Page
|Return to the Dossier Index
|Go to the Environmental Policy Task Force Home Page
|Go to the Earth Day Information Center Home Page
|Go to the Global Warming Information Center Home Page


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Judaica Press
A delightful first colors book full of Torah and everyday images -- perfect for your little ones!
The extra-thick pages of this sturdy board book will stand up to extended use.
Board book | 6.5" x 6.5" | 5 spreads | ISBN 9781607630814
Also in this series:
Sold Out


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Subsequent installs/upgrades fail after initial install/upgrade
Technote (troubleshooting)
If the initial install/upgrade of the Tivoli Storage Manager server completes but subsequent steps fail in that initial install/upgrade, the next time the install/upgrade is run, it will fail due to the Tivoli Storage Manager server already being installed.
Diagnosing the problem
Under these circumstances, the de/<account>/de_trace.log file in the logs.zip file will show the following errors :
ACUDCI0015E Nothing to install for package with root IU [TSM Server] ...
ACUPRI0022E IUProcessor: dependencies check result status is 'false'. The checks for this change request did not pass.
Resolving the problem
The logs from the first install/upgrade attempt will need to reviewed to see why it failed. The cause for the initial failure would be anything, so the resolution for that initial failure will not be documented in this document.
Once the cause for the initial install/upgrade failure has been identified, you will need to remove the Tivoli Storage Manager server from the deployment engine.
Use the output from the de_lsrootiu command to determine <UUID> and <discriminant> values.
C:\Program Files\IBM\Common\acsi\bin\de_lsrootiu.cmd
C:\Program Files (x86)\IBM\Common\acsi\bin\de_lsrootiu.cmd
<instanceID>InstanceID[IU,TSM Server,mrid:
<identityName>TSM Server</identityName>
<discriminant>C:\Program Files\Tivoli\TSM</discriminant>
<iuInstance undoable="true" softwareLifeCycleStatus="Usable">
Once the UUID and the discriminant have been found, issue the following command to delete the server entry from the deployment engine:
DelRootIUnRelationships <UUID> <discriminant>
C:\Program Files (x86)\IBM\Common\acsi\bin\DelRootIUnRelationships
1455DFB8C163CA04F614156626DFF80A "C:\Program Files\Tivoli\TSM"
Root IU deleted successfully.
Once that is done, you should be able to re-run the install/upgrade.
Product Alias/Synonym
ADSM ITSM IBM Spectrum Protect
Document information
More support for:
Tivoli Storage Manager
Software version: 6.1, 6.2, 6.3
Operating system(s): Platform Independent
Reference #: 1636807
Modified date: 18 April 2014
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In addition to the major curriculum, general education requirements must be met to complete your bachelor's degree. Each major has distinct GE requirements affiliated with it. The Degree Completion Program offers general education and elective courses for all majors through the college. All on-campus GE courses are 8 weeks and meet one night per week. You can fulfill general education and elective requirements in a number of ways:
Every student's circumstances are unique. Whether you have 80+ units to transfer or are just starting your education, contact us for a complimentary evaluation of your degree completion options. Our academic counselors are able to do a complimentary academic assessment of your previous coursework to help you calculate such factors as time and cost in the completion of your degree.


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Board Election Results and Council Election Cycle Update
The results of the Hildon Foundation Board elections, Q4 2012 are now official. Congratulations to all involved, and many thanks to the community for their support and their vote.
Please keep in mind that the Council election cycle is still going! Nominations continue through the 28th, and voting will occur the first week of November! There are currently four standing candidates for Council.
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Microsoft has released the third update to its Microsoft Enterprise Desktop Virtualization (MED-V) application streaming technology yesterday.
Microsoft has released a beta of the new version of its half-step application virtualization technology MED-V, with better support for USBs, printer sharing and access to the host machine's data.
MED-V , Microsoft's version of app virtualization technology it bought from Kidaro in 2008, installs Microsoft's Virtual PC, with an instance of Windows XP and whatever XP-dependent apps the user needs, running as a virtual machine, on an end-user's workstation.
End users launch applications as they normally would, without necessarily even knowing they have a virtual machine on their desk .
Access controls, updates, management and security are all handled centrally by Microsoft's Systems Center, with which administrators can install preconfigured XP VM images on remote machines, add or delete apps for particular users, and keep track of licensing and patches in both the physical Win7 and virtual XP machines.
The newest update eliminates the need for separate management infrastructure, integrates signon wiht Active Directory, allows VMs to share USB devices with the host machine, and gives the VMs better access to the host's documents, desktop and printer access.
It doesn't remotely approach the host of new virtual desktops Citrix and VMware have spun out recently, however.
MED-V is a kind of half step between real server-based application streaming and do-it-yourself virtualization using XP Mode on a Windows 7 machine . As such it's probably a little easier and more controllable than having individual users run apps in XP compatibility or XP Mode.
It's not remotely a complete solution compared to any of the vast number of flavors of virtual desktop and virtual application, however, and it presents a host of new opportunities for both end users and IT to screw up both individual workstations and whole workgroups .
Virtualization products of all kinds, but especially desktops, require long commitments and absolute faith in the performance of both the product and the infrastructure behind it, according to Burton Group analyst Chris Wolf.
End-user companies are moving steadily toward virtual desktops for the advantages they offer in management and, to a lesser extent, cost. But they're doing it slowly and carefull y so they don't get any nasty surprises after a big part of the rollout has already happened, Wolf says.
There's no better way to get fired than to roll out a highly technical project you promise will deliver great things and have it slow down or goof up the everyday, every-minute, every-hour experience of every user on every PC in the building. Mess up desktop virtualization, and that's exactly what you'll be facing.
Microsoft news-maven Mary Jo Foley predicts Microsoft's server-based App-V and desktop-based MED-V will be part of the next big release of Windows, probably in mid-2012.
If it makes the cut, it will put a lot more power in the hands of end users and a lot more capabilities in the hands of IT to secure desktops from viruses, bad end-user RegEdit sessions, buggy personal software installs and all the other normal hazards.
It will also increase by an order of magnitude the potential problems in configuration for individual end users.
Before that happens, or at least before you allow it inside the firewall and let end users get their hands on it, get some kind of centralized managment, auditing and control for both physical and virtual systems, just so you'll know what's going on in the invisible virtual spaces inside all those laptops.


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While Democrats assail presumptive Republican presidential nominee Mitt Romney's Bain Capital business practices, Republicans note that President Obama has not been bashful about accepting cash from Bain executives or other high-profile figures in the corporate buyout business.
"President Obama has based his entire reelection campaign on a vicious, dishonest assault on Mitt Romney's business career. The real question for President Obama is this: if Bain Capital is so bad, why have you taken nearly $120,000 in donations from them?" said Romney spokeswoman Andrea Saul. "President Obama's actions are the height of hypocrisy."
Obama and his re-election campaign have been hammering Romney for reaping huge profits at the helm of Bain, while companies in which the firm invested went bankrupt, laid off workers or outsourced jobs overseas.
"Romney and his partners put payments to themselves and their partners first, before anything else," David Foster, a former union leader at Bain-owned GST Steel, which later went bankrupt, told reporters on a conference call.
"I was the one who had to tell [the laid off workers] that Bain had broken its promises, underfunded their pensions and that they were on their own," he said, noting that Bain had devastated families and real lives.
According to the Center for Responsive Politics, which tracks Federal Election Commission data, Obama has collected $118,121 from donors who list Bain as their employer between June 2004 and May 2012. The period covers Obama's bid for the Senate and his presidential campaigns.
One of Obama's top campaign financiers - Jonathan Lavine - is also managing director at Bain, bundling between $100,000 and $200,000 in contributions for the 2012 Obama Victory Fund, according to estimates released by the Obama campaign. The president has also relied on other leading figures in the private equity sector as hosts for high-dollar fundraisers and as members of his Jobs Council.