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<br /> pedestrian ingress, egress and regress to and from Lawrence Road (S.R. 1561) and each Lot and Common
<br /> Elements as shall be reasonably necessary for any such emergency services agency and/or personnel to
<br /> respond to,perform its designated function at,and/or depart from,any apparent or actual emergency upon any
<br /> Lot,Common Elements and/or other part of the Property.
<br /> Section 3.04 Temporary Non-Emer2encv Services Access Easement. Subject to the
<br /> covenants, conditions, restrictions, limitations and other easements set forth in this Section and elsewhere in
<br /> this Declaration, Declarant hereby establishes and conveys, as applicable, for the benefit of any non-
<br /> emergency county,municipal,state or federal service provider,or any non-emergency private service provider
<br /> contracted by the Association or by any Owner, including, without limitation, the United States Postal
<br /> Service, any overnight courier service (e.g. FedEx, UPS) or any trash removal service, a temporary non-
<br /> exclusive access easement over, upon and across each Street for the purpose of providing such vehicular
<br /> and/or pedestrian ingress, egress and regress to and from Lawrence Road (S.R. 1561) and each Lot and
<br /> Common Elements as shall be reasonably necessary for any such service provider to perform its designated
<br /> and lawful service(s)for the benefit of(a)Declarant and its members,managers, employees, contractors and
<br /> agents during the Period of Declarant Control, (b)the Owners and their respective family members,tenants,
<br /> guests and invitees, and (c) the Association and its employees, contractors and agents. The easement
<br /> hereinabove established and conveyed shall terminate, with respect to each Street, upon the acceptance of
<br /> such Street for maintenance by the North Carolina Department of Transportation or a municipality having
<br /> jurisdiction.
<br /> Section 3.05 Easement of Enjoyment. Subject to the covenants, conditions, restrictions,
<br /> limitations and other easements set forth in this Section and elsewhere in this Declaration, Declarant hereby
<br /> establishes, reserves and conveys, as applicable, for the benefit of each Owner and each Owner's family
<br /> members, tenants, guests and invitees, a perpetual non-exclusive right and easement to use and enjoy the
<br /> Common Elements for any lawful purpose not inconsistent with the provisions of this Declaration, the
<br /> Guidelines and/or the Rules and Regulations, which right and easement shall be appurtenant to and run with
<br /> title to each Lot.
<br /> TO HAVE AND TO HOLD each of the easements,rights and licenses established,reserved and/or
<br /> conveyed pursuant to this Article unto the Person(s) benefited thereby according to its terms.
<br /> Notwithstanding any provision contained in this Article to the contrary, each of the easements established,
<br /> reserved and/or conveyed to or by the Owners,the Association and/or Declarant pursuant to this Article shall
<br /> benefit and/or burden each Lot, the Common Elements and/or any other part of the Property, as applicable;
<br /> shall be appurtenant to and run with the title to each Lot,the Common Elements and/or any other part of the
<br /> Property, as applicable; shall inure to the benefit of each Owner and each Owner's family members,tenants,
<br /> guests and invitees,the Association and its employees,contractors and agents and Declarant and its members,
<br /> managers, 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, the
<br /> Guidelines and/or the Rules and Regulations,as applicable.
<br /> ARTICLE IV
<br /> COMMON ELEMENTS
<br /> Section 4.01 Ownership. The Common Elements and each Building,Entry Feature and other
<br /> Improvement located thereon,if any,shall be owned,operated,maintained and insured by the Association for
<br /> the use, benefit and enjoyment of the Owners and their respective family members, tenants, guests and
<br /> invitees in accordance with the provisions of this Declaration, the Bylaws,the Guidelines and the Rules and
<br /> Regulations, as applicable, and shall be subject to the easements established in ARTICLE III. Declarant
<br /> shall record a non-warranty deed in the office of the Register of Deeds of Orange County, North Carolina,
<br /> conveying the Common Elements to the Association.
<br /> Section 4.02 Use. Each Owner and each Owner's family members,tenants,guestsguests,and
<br /> invitees shall be permitted to access and use the Common Elements only to the extent expressly permitted
<br /> in this Declaration, the Bylaws and/or the Rules and Regulations, as applicable. The right of each Owner
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