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79 <br /> Article III <br /> PROPERTY RIGHTS <br /> Section 1. Ownership of Common Areas <br /> . Except as otherwise provided herein, Declarant shall convey to the Association the Common <br /> Areas to be owned and maintained by the Association(to extent such areas can be conveyed in fee <br /> simple); provided, (a) with respect to any part of the Common Areas leased by Declarant (e.g., <br /> Street Lights), Declarant shall assign its rights under such lease to the Association, and (b) with <br /> respect to any part of the Common Area to which Declarant possesses easement rights, Declarant <br /> shall assign its rights under such easement to the Association. The Declarant shall have the right <br /> (but shall not be obligated) to construct within the Common Areas, among other things, (i) the <br /> Street Lights (which may be leased or purchased from a third party) and other lighting, signage <br /> and irrigation facilities, (ii) the Roadways (including sidewalks, drainage facilities and other <br /> improvements), and (iii) certain additional recreational amenities and facilities, for the use and <br /> enjoyment of the Owners who are entitled to the use of such Common Areas as provided in this <br /> Declaration, including, without limitation, monumentation and pedestrian paths in locations to be <br /> determined by Declarant. Notwithstanding the recordation of any Plat or any other action by <br /> Declarant or the Association, all Common Areas shall remain private property and shall not be <br /> considered as dedicated to the use and enjoyment of the public (with the exception of the <br /> Roadways,which may eventually be accepted for public dedication and maintenance by the North <br /> Carolina Department of Transportation or other governmental entity). <br /> Section 2. Owners' Rights to Use and Enjoy Common Areas <br /> . Each Owner shall have the non-exclusive easement and right to use and enjoy the Common <br /> Areas, and such right shall be appurtenant to and conveyed with title to such Owner's Lot, subject <br /> to the following: <br /> (a) the right of the Association and the Board to promulgate and enforce reasonable regulations <br /> governing the use of the Common Areas to insure the availability of the right to use the Common <br /> Areas to the Owners; <br /> (b) the right of the Association to suspend the voting rights of an Owner in the Association <br /> and the right of the Association to suspend the right to use certain or all of the Common Areas by <br /> an Owner for any period during which any assessment or charge against said Owner's Lot remains <br /> unpaid, and for the maximum period allowed by applicable law for any infraction of its published <br /> rules and regulations; <br /> (c) the right of the Declarant or the Association to grant or reserve utility, drainage and other <br /> easements across the Common Areas; <br /> (d) the right of the Association, subject to the provisions of the Act, to encumber or convey <br /> all or any part of the Common Areas. <br /> (d) (e) any and all other applicable provisions of this Declaration, including, without <br /> limitation, the provisions of Article VII, Section 16 and of Section 4 below. <br /> 8 <br />