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<br />4810-5342-0509, v. 2
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<br />way limit the rights of Declarant or any affiliate of Declarant (or a successor or assign to any rights of
<br />Declarant or an affiliate of Declarant to Subsurface Resources) to drill for, explore for, mine and/or remove
<br />any Subsurface Resources from any Property within the Community, and Declarant, any affiliate of
<br />Declarant, and any successors and assigns to any rights of Declarant or an affiliate of Declarant to the
<br />Subsurface Resources shall have such rights, including, without limitation, the right to whipstock or
<br />directionally drill and mine from lands other than the Community, wells, tunnels and shafts into, through or
<br />across the subsurface of the Property, and to bottom such whipstocked or directionally drilled wells, tunnels
<br />and shafts within or beyond the exterior limits of the Community.
<br />2.11 Trash. Trash, garbage or other waste shall be kept only in sanitary containers. No Owner
<br />shall permit or cause any trash or refuse to be kept on any portion of the Community other than in the
<br />receptacles customarily used for it, which shall be stored within garages except on the scheduled day for
<br />trash pickup. Trash, recycling and organics bins shall be placed curbside no more than twenty-four (24)
<br />hours prior to scheduled service day(s). Bins shall be removed from the curb no more than twelve (12)
<br />hours after collection service. All trash containers shall be maintained such that the lids remain closed to
<br />prevent excessive odor from emanating therefrom. Owners shall comply with the Rules regarding trash
<br />disposal and recycling.
<br />2.12 Antenna Restrictions. No Owner shall install any antenna, satellite dish, or other over-
<br />the-air receiving device (“Antenna”): (a) on any real property which such Owner is not entitled to exclusively
<br />use or control, as provided in Title 47 U.S.C. §§ 1, et seq., 47 CFR § 1.4000 and any other Applicable Laws
<br />promulgated thereunder (collectively “Antenna Laws”); (b) in a particular location if, in the Board’s opinion,
<br />the installation, location or maintenance of such Antenna unreasonably affects the safety of any Person, or
<br />for any other safety-related reason established by the Board; or (c) that is of a size larger than is permitted
<br />under the Antenna Laws. If an Owner is entitled to install an Antenna under the foregoing requirements,
<br />such Owner shall provide the Board with written notice that such Owner intends to install the Antenna and
<br />provide evidence of compliance with the foregoing requirements. If an Owner desires to install an Antenna,
<br />other than as described above, such Owner may do so only upon the prior approval of the Board pursuant
<br />to Article 8 (Design Review). The Association shall not impose or enforce any restrictions upon Antennae
<br />that are inconsistent with the Antenna Laws. Notwithstanding any provision hereof, this Section shall be
<br />interpreted to comply with state and federal laws applicable to Antennas in effect at the time of enforcement
<br />of this Section. In that regard, this Section shall not be interpreted or enforced in a manner which would:
<br />(i) unreasonably delay or prevent installation, maintenance or use of such authorized Antenna; (ii)
<br />unreasonably increase the cost of installation, maintenance or use; or (iii) preclude reception of an
<br />acceptable quality signal.
<br />2.13 View Impairment. There is no representation that any view exists from any Unit. Each
<br />Owner, by accepting a deed to a Condominium, acknowledges that grading of, construction on or
<br />installation of Improvements, including landscaping, on other Condominium Buildings and on surrounding
<br />real property may impair whatever view may exist from the Owner’s Unit, and each Owner consents to such
<br />impairment and waives any claim for view impairment. Each Owner and the Association, by accepting a
<br />deed to a Unit or any Association Property, acknowledges that any construction or installation by Declarant,
<br />or by other Owners as provided in Article 8 (Design Review), may impair the view of such Owner, and each
<br />Owner and the Association, on behalf of the Members, hereby consent to such view impairment and/or loss
<br />of privacy. By accepting a deed to a Unit, each Owner acknowledges that: (a) there are no protected views,
<br />and no Condominium is assured of the existence, quality or unobstructed continuation of any particular
<br />view, and Declarant makes no representation or warranty that there are now, or will be in the future, any
<br />such views or that any view will impact the value or desirability of any Condominium; (b) any view from the
<br />Condominium is not intended as part of the value of the Condominium and is not guaranteed; and (c) any
<br />future development, construction, landscaping, growth of trees, or other installation of Improvements by
<br />Declarant or other Owners or of properties surrounding the Community may impair the view from any Unit
<br />and/or may allow other persons to have a line of sight into Owner’s Unit, which may affect the use and
<br />enjoyment of the Owner’s Condominium, including Owner’s privacy. There are no express or implied
<br />easements appurtenant to any Unit for view purposes or for the passage of light and air over another Unit
<br />or any other property whatsoever.
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