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<br />#10634702v3 <br /> <br />17 <br />RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN <br /> <br />11.1 Condemnation and Eminent Domain. In the event of a taking of any part of the <br />Property by condemnation or eminent domain, notice shall be given pursuant to Section <br />17. Eligible Mortgagees shall be entitled to priority for condemnation awards in <br />accordance with the priorities established by the Governing Documents, as their interests <br />may appear. <br /> <br />11.2 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation <br />proceedings or substantial destruction of the Property, and the Association shall give <br />written notice thereof to an Eligible Mortgagee pursuant to Section 17. <br /> <br />SECTION 12 <br />EASEMENTS <br /> <br />12.1 Utilities Easements. The Property shall be subject to non-exclusive appurtenant <br />easements for all utilities, storm sewer, water and sewer, and similar services, which exist <br />from time to time, as constructed or referred to in the Plat, or as otherwise described in <br />this Declaration or any other duly recorded instrument. Each Homesite, and the rights of <br />the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor <br />of the other Homesites for all such services, including without limitations any sewer or <br />water lines servicing other Homesites. Each Homesite shall also be subject to an <br />exclusive easement in favor of the Association and all utilities companies providing <br />service to the Homesites for the installation and maintenance of utilities metering <br />devices. <br /> <br />12.2 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to <br />the contrary, in no event shall an Owner or Occupant be denied reasonable access to his <br />or her Homesite or the right to utility services thereto. The easements set forth in this <br />Section shall supplement and not limit any easements described elsewhere in this <br />Declaration or recorded, and shall include reasonable access to the easement areas <br />through the Homesites and the Common Areas for purposes of maintenance, repair, <br />replacement and reconstruction. <br /> <br /> <br />SECTION 13 <br />COMPLIANCE AND REMEDIES <br /> <br />Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall <br />be governed by and comply with the provisions of the Governing Documents, the Rules and Regulations, <br />the decisions of the Association, and such amendments thereto as may be made from time to time. A <br />failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights <br />and remedies authorized elsewhere by the Governing Documents. <br /> <br />13.1 Entitlement to Relief. The Association may commence legal action to recover sums <br />due, for damages, for injunctive relief or to foreclose a lien owned by it, or any <br />combination thereof, or an action for any other relief authorized by the Governing <br />Documents or available at law or in equity. Legal relief may be sought by the <br />Association against any Owner, or by an Owner against the Association or other Owner, <br />355