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87 <br /> repair areas be maintained in a generally natural condition, however, this requirement shall not <br /> be interpreted to prevent installation of a septic tank on any Lot. <br /> I. Open Loop Geothermal HVAC systems are prohibited, as closed loop geothermal <br /> systems are encouraged. <br /> Section 5. MAINTENANCE BY ASSOCIATION The Association shall maintain all <br /> common areas, including all roadways, road lighting fixtures, entryway plantings, sidewalks, and <br /> shall pay all costs of operation thereof including premiums associated with general liability <br /> insuring the Association from liability arising from the ownership and operation thereof. <br /> ARTICLE IX. <br /> USE RESTRICTIONS <br /> Section 1. LAND USE AND BUILDING TYPE. Except for the Common Areas, which <br /> may be used for recreational purposes, all lots shall be used for residential purposes only except <br /> that so long as the Declarant or the Developer shall retain ownership of any lots, it may utilize <br /> and such lot for models for the purpose of selling or renting lots within the subdivision including <br /> the right to place "For Sale" or "For Rent" signs on such lot. The Declarant may assign this <br /> limited commercial usage right to any other person or entities at it may choose; provided, <br /> however, that when all lots have been sold, this right of commercial usage by the Declarant, its <br /> successors and assigns shall immediately cease. Co-ownership of lots shall not be prohibited. <br /> Except as herein provided, any building erected, altered, placed, or permitted to remain on any <br /> lot shall be subject to the provisions of Article IX of this Declaration relating to Architectural <br /> Control. <br /> Section 2. NUISANCES. No noxious or offensive activity shall be carried on or upon <br /> any lot, nor shall anything be done thereon which may be or may become an annoyance or <br /> nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or <br /> thing of any sort whose normal activities or existence are in any way noxious, dangerous, <br /> unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property <br /> in the neighborhood by the owners thereof. It shall be the responsibility of each Owner to <br /> prevent the development of any unclean, unsightly, or unkempt condition of buildings or grounds <br /> on such lot which would tend to substantially decrease the beauty of the neighborhood as a <br /> whole or the specified area. <br /> Section 3. LOT MAINTENANCE. In the event that any Owner shall fail or refuse to <br /> keep such premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, <br /> then, after thirty days' notice from the Architectural Committee, the Association or its designee <br /> shall enter upon such lot and remove the same at the expense of the Owner, and such entrance <br /> shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created <br /> in favor of the Association for the full amount of the cost thereof chargeable to such Lot, <br /> including collection costs, and such amounts shall be due and payable within thirty (30) days <br /> after the Owner is billed therefore. Such lien shall be enforceable by Court proceedings as <br /> provided by law for enforcement of liens. <br /> 737112.ARC.25437.T26258 13 <br />