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� <br />AliTlCt.t�� X, Easen:i'I1t5. Section l. Ext�:nt of lIutual Easenlents, <br />The r•igt;ts alid ea5��in��rlt5 of ciiaoyriarnt b}� tlie O�ti�ner of eacll Lot ZI1C� t�le title <br />of tla� O�vner of suc�, t ot in such Lot sh�ll be subj�ci to the right of the O�vner of <br />each s��icl Lot to an etclus;.ve easeii�erit oii and over ev�ry other Lot to areas <br />occupied by fii•eplaces, roof overl;anbs, air• conditiorzinb compressors, flo��rer <br />boxes, use of coininoii utility installations aiid otller appurtenaiic�s, «�hich <br />are part of the original construction oi any Liviny Unit on each Lot or <br />which are added pursuant to i:he provisions of Article VIII �;�reof. <br />Ser.tion 2. Esteiii of Associatio�l Easenients, T�1e rig}Zts and easements of <br />enjoymei�t by th� O�trr�e.� of e�ch Lot anci the title of suc�l Lot in said Loi shall <br />be stibject to the right s of the _Associatiori to an eYclusive easement on and �ve .r <br />said Loi for tl7e purpose of installa�ion and maintenance af necessa� utilities <br />to serve th� Common Properties. <br />ARTICLE XI. Genei��l Provisions, S�Ct10I1 l, Duration. The covenants, <br />restrictions and c�sements of tlzis Declaration shall run tivith and bind trie l�nd <br />and shall inure to the benefit oi and be enforceahle by the .qSSOC13tI0I1 O1 the <br />Owner of aiiy Lot subject to t11is L?eclaration, their respective l�gal representataves, <br />heirs, successors and assigns, for a term of 20 years from t��.e date ihis <br />I?eclaration is recorded, after �vhich time said covenants, restriciions and <br />easement s shall be autoinatically r•enewed for successive periods of 10 years. <br />'T'he covenants and restrictions oi tllis Declaratiozz may Ue amended �iuring the <br />first 20 yea.r period by an instrument signed by not less than 90% of th� Lot <br />Uwner•s aiid thereafter by arLinstrument signed by not less than 75°�0 of the Lot <br />Owners. An;� Arnnndment must be properly recorded. <br />Section 2. Notices. Any rlotice required to be sen� to any Member or Owner <br />under the provisions of this Declaration sha11 be deeined ta have been pr�per�.y <br />�ent when mailed postpaid to the last knowz� address of the person who appears <br />as 1Vlember or O�vner on the recoz-ds of the Assoc;�t10I� at the tim.e of such mailing. <br />Section 3. Enforcemenf of these covenants a.nd restrictions shall be by <br />�roceeding at la�v or in equity against any person or� persons violating or at�empting <br />to violate tllly covenant or restriction ei.t�zer to r�estrain violation or to recozrer <br />damag�s and a;ainst tY.z land to enforce any lien cx�eated by these covenants; ancl <br />failure by the A ssociation oz� by any Ownzr to enf.oz�ce any covenant or restriction <br />herein contained shall in no event be deemed a �vaiver of the right to do so thPreafter. <br />Section 4. Severability. Invalidation of any one of these covenants or restrictio:�s <br />by j�.i�igment or court ordPr shall in no wise affec iny �ther provision which shall <br />remain in full force and effect. <br />i <br />a <br />