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<br />#10634702v3
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<br /> b. All of the Property except the Homesites shall constitute Common Areas and
<br />shall be owned by the Association for the common benefit of the Owners and
<br />Occupants. The Common Areas shall include, without limitation, all easements
<br />benefitting the Association, the Shared Roadway, all improvements and fixtures
<br />located thereon, including, without limitation, the entrance monument and
<br />landscaping; all proceeds paid or payable to the Association as a result of any
<br />damage to or condemnation of the Common Areas and all personal property the
<br />Association owns.
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<br />c. The Common Areas shall be subject to appurtenant easements for services,
<br />public and private utilities and storm sewer, access, use and enjoyment in favor
<br />of each Homesite and its Owners and Occupants; subject to the right of the
<br />Association to establish reasonable Rules and Regulations governing the use of
<br />the Property.
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<br />d. Subject to Sections 6, 7 and 9 of this Declaration, all maintenance, repair,
<br />replacement, management and operation of the Common Areas shall be the
<br />responsibility of the Association.
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<br />e. Common Expenses for the maintenance, repair, replacement, management and
<br />operation of the Common Areas shall be assessed and collected from the Owners
<br />in accordance with Section 6.
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<br />3.2 Community Landscaping Area. Declarant hereby reserves to itself and grants to the
<br />Association easements to install, operate, maintain, repair and replace landscaping (including without
<br />limitation grading swales, retaining walls, annual and perennial plats, mulch, sod and other turf grasses,
<br />native grasses, wild flowers, trees and shrubs) within the Landscaping Areas as shown on Exhibit B,
<br />together with utilities to service the same. Declarant shall have the right, but not the obligation, to perform
<br />any such work. Subject to governmental requirements applicable to public rights-of-way, the Association
<br />shall have the right, but not the obligation, to install landscaping within each Landscaping Area. The
<br />Association shall indemnify, defend and hold harmless any Owner on which a Landscaping Area is
<br />located from any claims, causes of action, judgments and liabilities arising out of damage to person or
<br />property from the Association’s activities within the Landscaping Areas.
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<br />3.3 Disposition of Outlot B. Outlot B of Honey Hill at Lake Classen is not intended to be
<br />maintained by the Association. It is intended that Outlot B will be conveyed to the adjacent owner located
<br />East of the Property and will not remain part of the Honey Hill community.
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<br />SECTION 4
<br />RESTRICTIONS ON USE OF PROPERTY
<br />All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the
<br />Property, or by their occupancy of a Homesite, covenant and agree that, in addition to any other
<br />restrictions which may be imposed by the Governing Documents, the occupancy, use, operation,
<br />alienation and conveyance of the Property shall be subject to the following restrictions.
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<br />4.1 General. The property shall be owned, conveyed, encumbered, leased, used and
<br />occupied subject to the Governing Documents, as amended from time to time. All
<br />covenants, restrictions and obligations set forth in the Governing Documents are in
<br />furtherance of a plan for the Property, and shall run with the Property and be a burden
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