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7.1.G. - Page 48 <br /> Storm Drain Easement(collectively"Maintenance") , shall be borne equally by the Owners. Provided, <br /> however, the cost of Maintenance arising out of or caused by the willful or negligent act or neglect of an <br /> Owner, or his guests,tenants or invitees, including damage to the Easement caused by construction <br /> activity on a Lot shall be borne totally by the Owner or Owners causing the damage. If an Owner fails to <br /> pay or contribute that Owner's share of the cost of Maintenance, then the other Owners may make such <br /> payment and will be entitled to reimbursement for the amount paid on behalf of the other Owner with <br /> interest thereon at the rate of 10% per annum (but no greater than the maximum rate allowed by law), until <br /> paid in full.The parties will equally bear the liability for any personal injury or property damage to any <br /> worker employed or equipment used to perform Maintenance, or to any third person, provided the injury or <br /> damage results from or arises out of Maintenance undertaken pursuant to this document. <br /> 5.6 Limitation of Restrictions on Declarant: Declarant is undertaking the work of construction <br /> of residential improvements upon the Property. The completion of that work and the sale, rental and <br /> other disposal of the Lots is essential to the establishment and welfare of said Property as a residential <br /> community. In order that said work may be completed and said Property be established as a fully <br /> occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or <br /> construed to: <br /> A. Prevent Declarant, its contractors or subcontractors from doing on the Property or <br /> any Lot, whatever is reasonably necessary or advisable in connection with the completion of said work; <br /> or <br /> B. Prevent Declarant or its representatives from erecting, constructing and <br /> maintaining on the Property(except upon Lots owned by others), such structures as may be reasonable <br /> and necessary for the conduct of its business of completing said work and establishing said Property as a <br /> residential community and disposing of the same in parcels by sale, lease or otherwise; or <br /> C. Prevent Declarant from conducting on the Property(except upon Lots owned by <br /> others)its business of completing said work and of establishing a plan of residential ownership and of <br /> disposing of the Property as Lots by sale, lease or otherwise; or <br /> D. Prevent Declarant from maintaining such sign or signs on the Property(except <br /> upon Lots owned by others)as may be necessary for the sale, lease or disposition thereof. <br /> The foregoing rights of Declarant shall terminate upon sale of Declarant's entire interest in the <br /> Project. So long as Declarant, its successors and assigns, owns one (1) of the Lots established and <br /> described herein, Declarant, its successors and assigns, shall be subject to the provisions of this <br /> Declaration. Declarant shall make reasonable efforts to avoid disturbing the use and enjoyment of the <br /> other Lot,while completing any work necessary to the Lots. <br /> 5.7 Termination of any Responsibility of Declarant: In the event Declarant shall convey all of <br /> its right, title and interest in and to the Property to any partnership, individual or individuals, corporation or <br /> corporations, then and in such event, Declarant shall be relieved of the performance of any further duty or <br /> obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be <br /> obligated to perform all such duties and obligations of the Declarant. <br /> 5.8 Owners' Compliance: Each owner,tenant or occupant of a Lot shall comply with the <br /> provisions of this Declaration, as [awfully amended from time to time. Failure to comply shall be grounds <br /> for an action (1)to recover sums due, (2)for damages, (3)for injunctive relief, (4)for costs and attorney's <br /> fees, or(5)any combination of the foregoing. <br /> 5.9 Notice: Any notice permitted or required by the Declaration may be delivered either <br /> personally or by mail. If delivery is by mail, it shall be deemed to have been delivered seventy-two (72) <br /> hours after a copy of the same has been deposited in the United States mail,first class or registered, <br /> postage prepaid, addressed to the person to be notified at the current address given by such person to the <br /> other owner or addressed to the Lot owned by such person if no address has been given. <br /> DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS-1410 VALOTA ROAD <br /> -PAGE 6OF10- <br /> CCRS•Valota[04•22•141.wpd <br />