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<br /> Section 9. Securi
<br /> . The Association may, in its sole discretion,but shall not be obligated to,provide certain security
<br /> and fire protection measures, and maintain or support certain other activities within the Project
<br /> designed to make the Project safer than it might otherwise be. Provided, however, should the
<br /> Association provide, maintain or support any such measures or activities, then neither the
<br /> Association, Declarant, nor any successor of Declarant shall in any way be considered insurers or
<br /> guarantors of security or fire protection within the Project, and neither the Association, Declarant
<br /> nor any successor of Declarant shall be held liable for any loss or damage by reason or failure to
<br /> provide or take any security or fire protection measures or for the ineffectiveness of any such
<br /> measures undertaken. Each Owner and Occupant of any Lot or Dwelling Unit and each tenant,
<br /> guest and invitee thereof acknowledges and understands that neither the Association, Declarant
<br /> nor any successor of Declarant are insurers, and each such Owner, and Occupant of a Lot or
<br /> Dwelling Unit and their tenants, guests and invitees hereby assume all risks for loss or damage to
<br /> persons,property or contents belonging to any such persons.
<br /> Section 10. Condemnation
<br /> . Whenever all or part of the Common Areas shall be taken or condemned by any authority having
<br /> the power of eminent domain, all compensation and damages for and on account of such taking
<br /> shall be paid to the Association. The Association, acting through the Board, shall have the right
<br /> to negotiate and litigate the issues with respect to taking and compensation affecting the Common
<br /> Areas,without limitation on the right of the Owners to represent their own interests. Each Owner,
<br /> by his acceptance of a deed to a Lot or other portion of the Property, hereby appoints the
<br /> Association as his attorney-in-fact to negotiate, litigate or settle on his behalf all claims arising
<br /> from the condemnation of the Common Areas. All compensation and damages paid to the
<br /> Association on account of such a taking shall be used to restore the Common Areas,provided such
<br /> restoration is possible, with the excess, if any, to be retained by the Association and applied to
<br /> future operating expenses by the Board,in its sole discretion. Nothing herein is to prevent Owners
<br /> whose Lots or other property are specifically affected by the taking or condemnation from joining
<br /> in the condemnation proceedings and petitioning on their own behalf for consequential damages
<br /> relating to loss of value of the affected Lots or other property, or Improvements, fixtures or
<br /> personal property thereon, exclusive of damages relating to the Common Areas. In the event that
<br /> the condemnation award does not allocate consequential damages to specific Owners, but by its
<br /> terms includes an award for reduction in value of Common Areas, Lots or other property without
<br /> such allocation, the award shall be divided between affected Owners and the Association, as their
<br /> interests may appear, by the Board in its sole discretion.
<br /> Article X
<br /> EASEMENTS AND OTHER RIGHTS
<br /> Declarant and the Association and their successors and assigns, in addition to any other easements
<br /> granted or reserved herein, shall have the following non-exclusive easements on, upon, over,
<br /> across,through and under the Property. In addition,Declarant and its successors and assigns, shall
<br /> have the right,on behalf of itself and the Association,to grant additional easements on,upon,over,
<br /> across,through and under the Common Areas and any portion of the Property owned by Declarant
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