Section 2.04.
Reservation of Rights in the Common Area. Notwithstanding
any other provision of this Declaration, the Association
as its successor, reserves the right to grant easements within the Common Area
for the installation, repair, and maintenance of water mains, sewers, drainage
courses, public walkways, and other public utilities, provided that such
utilities shall be installed in such manner as to minimize damage to the
natural features of the Common Area. Any land removed from the Common Area by deed to an
adjoining Lot Owner or replatting shall cease to be Common Area, and,
thereupon, subject to plat restrictions, no Member shall have any easement or
right to the use of or access thereto as Common Area and land added to the
Common Area shall become a part of the Common Area, and thereupon, each Member
shall have a nonexclusive easement and right to the use of or access thereto as
provided herein and subject to plat restrictions. The Association shall have
the right to mortgage any part, parts, or all of the Common Area in connection
with the borrowing of money in the furtherance of any of its purposes
authorized herein and shall have the right to take such steps as are necessary
to comply with such mortgage and to prevent foreclosure and any similar
proceedings thereunder.
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