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caulking, the maintenance or repair of roofs; gutters, down spouts and overhanus, the maintenance a..^,c repair of exterior xvindo%vs and doors, necessar,? painting, staining and repair of patio structures. In rttaintaininu exterior yard areas and private driveways all Owners shall be required to mow, trim, N:::!er or otherwise care for erass, trees or other plants located on a Lot and shall be required to remove snow from the private driveways, parkin!;areas and walk-ways to the Dwelling. 1\1aintenance, painting and construction shall be in the original colors and materials, or according to approved color boards on file with the Association. Other, colors and materials shall require approval by the Association. ARTICLE XI GENERAL PROVISIONS Section H.] Association Easement. The Association shall have a nonexclus. .•e easement to enter upon any Lot in order to perform any obligations or duties of the Association hereunder, or to exercise any right or rernedy of the Association hereunder. I i Section 11.2 Enforcement. In the event any Owner fails to comply witi, the provisions of this Declaration, or the Bylaws or Articles of Incorporation of the Association or-with decisions of the Association or the Association which are made pursuant thereto, Such failure will give rise to a cause of action on the part of the Association, or any aggrieved Owner for the recovery of damag=es � or injunctive relief, or both. Owners shall have a similar right of action against the Association. Enforcement of these covenants and restrictions may be by any proceeding at lav: in equity. Section 11.3 Severabi itv. Invalidation of any one of these covenants or restrictions by judg- ment or court order shall in no way affect any other provision which shall i-ntain in full force and effect. Section 11.4 Rules and Regulations. The Board of Directors of the Association may, from time to time, adopt such rules and red(Vulations as the Board, in its sole discretion, deems appropriate or necessary, including, without limiting the generality of the foregoing, additional rules and regula- tions concerning the use of parking areas, maintenance of the Common Areas and additional rules and regulations concerning the appearance of each Lot and utilization of ponding areas. Without limiting the generality of the foreamini:. the Association may adopt rules and regulations governing the use of chemical fertilizers. Section 11.5 Rights of Declarant. Until the last Lot is sold and conveyeu to an Owner other than a Declarant, the following activities by Declarant or with the written consent of Declarant will not be deemed violations of the covenants and restrictions of this Declaration: (a) The use of a Lot or Lots for model and sales office purposes; (b) The storage of a construction trailer, equipment, materials and earth during the initial construction of Dwellin<"s on Lots; BUSSED 509186.9 1