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<br /> Declarant pursuant to this Article shall benefit and/or burden each Lot, the Common Elements
<br /> and/or any other part of the Property, as applicable; shall be appurtenant to and run with the title to
<br /> each Lot,the Common Elements and/or any other part of the Property, as applicable; shall inure to
<br /> the benefit of each Owner and each Owner's family members, tenants, guests and invitees, the
<br /> Association and its employees, contractors and agents and Declarant and its members, managers,
<br /> employees, contractors and agents during the Declarant Control Period, as applicable; and shall be
<br /> subject to any and all covenants,conditions,restrictions and limitations set forth in this Declaration,
<br /> the Guidelines and/or the Rules and Regulations,as applicable.
<br /> ARTICLE IV
<br /> COMMON ELEMENTS AND TRAILS
<br /> Section 4.01 Ownership. The Common Elements and each Building, Entry Feature
<br /> and other Improvement located thereon, if any,shall be owned,operated,maintained and insured by
<br /> the Association for the use, benefit and enjoyment of the Owners and their respective family
<br /> members, tenants, guests and invitees in accordance with the provisions of this Declaration, the
<br /> Bylaws, the Guidelines and the Rules and Regulations, as applicable, and shall be subject to the
<br /> easements established in ARTICLE III. Declarant shall record a non-warranty deed in the office
<br /> of the Register of Deeds of Orange County,North Carolina conveying the Common Elements to the
<br /> Association.
<br /> Section 4.02 Use. Each Owner and each Owner's family members, tenants, guests
<br /> and invitees shall be permitted to access and use the Common Elements and Trails only to the
<br /> extent expressly permitted in this Declaration, the Bylaws and/or the Rules and Regulations, as
<br /> applicable. The right of each Owner and each Owner's family members, tenants, guests and
<br /> invitees to access and use the Common Elements and Trails shall also be subject to each of the
<br /> following:
<br /> (a) The right of Declarant during the Period of Declarant Control and,
<br /> thereafter, the Board of Directors, to promulgate and enforce reasonable Rules and Regulations
<br /> governing the use of the Common Elements and Trails to ensure the availability of the Common
<br /> Elements and Trails to all Owners and their respective family members, tenants, guests and
<br /> invitees and the safety of all Owners and their respective family members, tenants, guests and
<br /> invitees using the Common Elements and Trails.
<br /> (b) The right Declarant during the Period of Declarant Control and,thereafter,
<br /> the Board of Directors,to suspend(i)the right of any Owner and such Owner's family members,
<br /> tenants, guests and invitees to use the Common Elements (exclusive of any Street) and/or Trails
<br /> for any period during which such Owner has failed to pay any Assessment, and (ii) the right of
<br /> any Owner and such Owner's family members, tenants, guests and invitees to use the Common
<br /> Elements (exclusive of any Street) and/or Trails for a period not to exceed sixty (60) days as a
<br /> consequence of such Owner's infraction of any other provision of this Declaration or the Rules
<br /> and Regulations.
<br /> (c) The right of Declarant during the Period of Declarant Control and,
<br /> thereafter, the Board of Directors, to suspend the right of any Owner or such Owner's family
<br /> members,tenants,guests and invitees to use the Common Elements(exclusive of any Street)and/or
<br /> Trails in the event such Owner or any of such Owner's family members, tenants, guests and/or
<br /> invitees shall have used any Common Elements in violation of the provisions of this Declaration or
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