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<br /> width located on either side of the boundary of the above-described easement is hereby reserved for,
<br /> the limited, purpose of constructing the trail over each such easement, including'the laying of
<br /> asphalt.
<br /> (b) Pedestrian and Bicycle Use. Subject to the covenants, conditions,
<br /> restrictions and limitations set forth in this Section and elsewhere in this Declaration, Declarant
<br /> hereby establishes, reserves and conveys, as applicable, to and for the benefit of each Lot, the
<br /> Owner of such Lot and each such Owner's family members,tenants,guests and invitees,a perpetual
<br /> non-exclusive easement for pedestrian and bicycle use only over, upon and across any part of any
<br /> Lot, Common Elements and/or other part of the Property that is designated as a Trail on the
<br /> Subdivision Plat, which easement shall be appurtenant to and run with title to each Lot. Unless
<br /> otherwise specified on the Subdivision Plat, the easement herein established, reserved and/or
<br /> conveyed for each Trail, regardless of whether such Trail is located on any Lot,Common Elements
<br /> and/or other part of the Property, shall be a total of twenty(20)feet in width, including ten(10)feet
<br /> on either side of the centerline of any Trail shown on the Subdivision Plat.
<br /> (c) Assumption of Risk, Release of Liability. Each Owner, by his or her
<br /> acceptance of a deed or other instrument conveying record title to any Lot to him or her,
<br /> acknowledges, covenants and agrees, for himself or herself and his or her family members,tenants,
<br /> guests and invitees, (i) that each Trail may have holes, overhangs, obstructions, snakes, other
<br /> wildlife and/or other hazards which may result in injury to any pedestrian and/or bicyclist using
<br /> such Trail; (ii)that none of Declarant,the Association or the Owner of any Lot on which a Trail is
<br /> located has expressly or impliedly warranted to him or her the safety or condition of such Trail;and
<br /> (iii)that he or she accepts and assumes of his or her own free will and volition, and without duress,
<br /> any and all risk of loss or damage to personal property, personal injury or death resulting from his
<br /> or her use of any Trail for any purpose. Furthermore, and as a condition of the grant of the
<br /> foregoing use easement with respect to each Trail, each Owner,for himself or herself and his or her
<br /> family members, tenants, guests and invitees, does hereby, to the full extent that he or she may
<br /> legally do so pursuant to applicable law,forever release,discharge and hold harmless Declarant,the
<br /> Association and each Owner of a Lot upon which a Trail is located from and against,and each such
<br /> Owner hereby waives, any right, demand, claim and/or cause of action that he or she and/or his or
<br /> her heirs, successors, personal representatives and/or assigns may at any time have or acquire
<br /> against any one or more of Declarant,the Association and any Owner of a Lot upon which a Trail is
<br /> located arising as a consequence of any loss or damage to personal property, personal injury or
<br /> death suffered as a result of his or her use of any Trail for any purpose and/or the use of any Trail
<br /> for any purpose by any of his or her family members,tenants,guests and/or invitees.
<br /> Section 3.06 Easement of Enjoyment. Subject to the covenants, conditions,
<br /> restrictions, limitations and other easements set forth in this Section and elsewhere in this
<br /> Declaration, Declarant hereby establishes, reserves and conveys, as applicable, for the benefit of
<br /> each Owner and each Owner's family members, tenants, guests and invitees, a perpetual non-
<br /> exclusive right and easement to use and enjoy the Common Elements and each Trail for any lawful
<br /> purpose not inconsistent with the provisions of this Declaration, the Guidelines and/or the Rules
<br /> and Regulations,which right and easement shall be appurtenant to and run with title to each Lot.
<br /> TO HAVE AND TO HOLD each of the easements, rights and licenses established,
<br /> reserved and/or conveyed pursuant to this Article unto the Person(s)benefited thereby according to
<br /> its terms. Notwithstanding any provision contained in this Article to the contrary, each of the
<br /> easements established, reserved and/or conveyed to or by the Owners, the Association and/or
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