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<br />#10634702v3 <br /> <br />7 <br />and benefit to all Owners and Occupants and to any other Person acquiring or owning an <br />interest in the Property, their heirs, personal representatives, successors and assigns. <br /> <br />4.2 Commercial Uses. No Homesite may be used for any commercial purpose, except that <br />Homesites or portions of Homesites may be used by Declarant and other Homebuilders <br />for the purpose of completing the development of the Property (including the <br />construction of new homes on the Homesites). Notwithstanding the foregoing, it shall be <br />permissible for Owners to conduct a business, receive deliveries, and/or have an office in <br />their home so long as the same is permitted by the applicable municipal ordinances and <br />does not change the residential character of the Homesite, and provided such use (i) is <br />incidental to the residential use, (ii) does not involve any observable business activity <br />such as signs or advertising displays, and (iii) does not involve use of the residence by <br />customers or employees (other than the Owner and family members occupaying the <br />Dwelling). Nothing in this paragraph shall be interpreted as a general authorization for or <br />prohibition of the rental or leasing of all or a portion of the home, and such issue shall be <br />determined solely pursuant to applicable City and/or County ordinances and regulations. <br /> <br />4.3 Residential Care Uses. No Homesite may be used for licensed or unlicensed residential <br />care facilities, licensed or unlicensed day care facilities, or public or private schools; even <br />if such uses may be permitted by applicable zoning ordinances. The foregoing restriction <br />does not restrict the care of any member of the family that resides in the home. <br /> <br />4.4 Pets. Household pets are permissible provided they are not kept, bred or maintained for <br />commercial purposes. Pet owners shall be responsible for caring for their pets in a way <br />so as to keep the pets from becoming a nuisance to others. Pets must be restrained on the <br />Owner’s Homesite unless on a leash, and must not be allowed to become a threat or <br />nuisance to other Owner or their pets. No exterior kennels, pet enclosures or dog runs are <br />permitted. <br /> <br />4.5 Fences. Chain link fences are prohibited. All other fences shall be subject to municipal <br />ordinances. <br /> <br />4.6 Parking; Storage. Operational passenger automobiles designed to carry no more than <br />nine passengers and displaying current license tabs may be kept, stored or parked only on <br />finished driveways, on finished parking areas, or in enclosed garages; and all other <br />vehicles shall be kept, stored or parked only in enclosed garages or storage building. <br />Outside storage of boats, trailers, fish houses, snowmobiles, recreation vehicles, campers, <br />or canoes is not allowed; such items must be stored within a garage or storage building. <br />Notwithstanding the foregoing prohibition, guests of the Owner of a Homesite visiting <br />for less than 15 days in any 60-day period may park their vehicles on unenclosed paved <br />areas serving only the Homesite. Outdoor storage of inoperable automobiles, other <br />inoperable vehicles of any type, automobile parts, parts for vehicles, equipment, <br />inventory or refuse of any type is prohibited throughout the Property. <br /> <br />4.7 Rubbish. No Homesite or Common Area shall be used or maintained as a dumping <br />ground for rubbish, trash, debris, or other waste. Each Owner shall contract with a third- <br />party service provider for the weekly removal of household garbage and refuse from the <br />Owner’s Homesite. Each Owner is responsible for the prompt removal from the Owner’s <br />Homesite of any refuse that is not accepted by the Owner’s refuse contractor. Except for <br />345