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2.1 "Assessments" shall mean all annual, special, and other assessments and monetary obligations made or imposed by the Association against lots in Village "D" made in accordance with the tennis of these Covenants.

2,2 "Board of Directors" or "Board" shall mean the Board of Directors of the Association as defined herein,

2.3 "Common Property" or "Common Area" shall mean Tracts D-1 and D-2, as shown in the Plat and all other real property (including improvements thereto) owned by the Association, which is intended for the common use and benefit of all owners and which is to be deeded to the Association at the time that the control of the Association is turned over to the owners.

2.4 "Lot" shall mean each lot or plot of land shown on the Plat for Village "D" subdivision map, regardless of whether dwelling has have been constructed on such lot, with the exception of the Common Property and/or any road right-of­ ways dedicated to a public authority or the Association.

2.5 "Master Association" shall mean CITRUS SPRINGS HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit incorporated on May 8, 2000. The Master Association is responsible for maintaining the Common Property of the CITRUS SPRINGS PUD, including, without limitation, the Stormwater Management System for CITRUS SPRINGS PuD.

2.6 "Owner" shall mean each person who owns record title to a Lot within Village "D," including contract sellers, but excluding those who have such interest merely as security for the payment of an obligation.

2.7 "Declarant" or "Developer" shall mean and refer to The Suntree Partners, a Florida General Partnership, and its successors and assigns. The Declarant may assign all or a portion of its right, hereunder. In the event of a partial assignment, the assignee shall be deemed the Declarant and may exercise such rights of the Declarant specifically assigned to it. Any such assignment may be made on a non-exclusive basis.

2.8 "Subdivision" shall mean ail the property known as Village "D" being a part of the CITRUS SPRINGS PLANNED UNIT DEVELOPMENT, initially identified in the Plat, recorded in the Public Records of Indian River County, Florida, and all other property subject to and encumbered by these Covenants by the Developer or otherwise annexed into Village "D" as provided herein.

2.9 The "Association" or the "Subdivision Association" shall mean and refer to Village "D" Homeowners Association, Inc., a Florida corporation not for profit, its successors and assigns.

2.10 "Surface Water" or "Stormwater Management System" shall mean a system which is designed and constructed or implemented to control discharges which arc necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C. Tract D-2 of the Storm Water Management System will be owned and maintained by the Subdivision Association.

2.11 "Declaration" and "Covenant" shall mean and refer to this Declaration or Covenants and Restrictions of Village "D" and all amendments hereto.

2.12 "Person" shall mean and include an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, sole proprietorship, joint venture, two or more persons having a joint or common interest, or any other legal entity.

2.13 "institutional Lender" shall mean a bank, savings and loan association, insurance company, real estate or mortgage investment trust, pension fund, agency of the United States Government, mortgage banker or company, Federal National Mortgage Association, the Declarant or any affiliate of the Declarant or other tender generally recognized as an institutional type lender, which holds a mortgage on one or more of the Lots.

2.14 "Governing Documents" shall mean and collectively refer to the Declaration, Articles of Incorporation, and Bylaws of the Association.

2.15 "Master Association Assessments" shall mean and refer to those charges made by the Master Association from time to time against the Property for the purposes set forth in the Master Declaration.

2.16 "Master Documents" shall mean and refer to the documents identified in the Development Plan section of this Declaration including the Master Declaration of Covenants, Conditions, and Restrictions for Citrus Springs (hereinafter the "Master Declaration") and any supplement or amendment to the Master Declaration and the Articles of incorporation and Bylaws of the Muter Association, as the same may be amended from time to time and filed in the Public Records of Indian River County, Florida.

2.17 "Property" or "Properties" shall mean and refer to certain real property described in the Development Plan and Purpose sections of this Declaration and such additions thereto as may be brought within the Association's jurisdiction.

2.18 "Undeveloped Parce!" shall mean that parcel of property identified on the Plat as Village "D", 93 Units,
Phase 2.

3.1 Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Membership
shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

3.2 The Association shall have two classes of voting Membership:

3.3 General Matters. When reference is made herein, or in the Articles of Incorporation, By-Laws, rules, and regulations, management contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be references to a majority or specific percentage of the votes of members and not of the Members themselves.

4.1 Propertv SubJect to Declaration. The Property is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration.

4.2 Additions to the Property. The Developer and the Association reserve the right to add or cause to be added other real property not now included within the Property to the Property, and such additional real property shall be subject to the provisions of this Declaration.

4.3 Annexation Without Association Approval The Developer may, from time to time, bring, in whole or in part, additional real property under the provisions hereof by recorded supplemental declaration or amendment hereto, which shall not require the consent of the existing Owners, or the Association, or any mortgagee or the Federal Housing Administration or Veterans Administration, as long as the Federal Housing Administration and the Veterans Administration determine that the annexation is in accord with the General Development Plan heretofore approved by the Declaration. The additional lands annexed in accordance with the provisions hereof shall become subject to the provisions of this Declaration upon the recording in the Public Records of Indian River County, Florida, an amendment or supplement hereto properly executed by the Developer and without the consent of the members of the Association.

4.4 Additions or Modifications Such amendments or supplements to the Declaration may contain such complementary additions and modifications of this Declaration as may be necessary to reflect the different character, if any, of any undeveloped parcels of property annexed pursuant to this Declaration which is the subject of such amendments or supplements to the Declaration, and are not inconsistent with the scheme of this Declaration, as determined by the Developer. Further, such amendments or supplements to the Declaration may contain provisions which, among other things, establish assessments and the basis thereof, rules end regulations, architectural controls, and other provisions consistent with the nature of the development of such property and pertaining to all or part of such undeveloped parcels, to the exclusion of the other portions of the Property.

4.5 Other Annexation of Property. Land, other than land annexed in accordance with Section 4.3 of this Article, may be annexed to the Property with the consent of the Members of the Association. Such annexation shall become effective upon the recording of an amendment or supplement to this Declaration in the Public Records of Indian River County, Florida.

4.6 Platting. As long as there is a Class B membership, the Declarant shall be entitled, at any time and from time to time, to plat and/or replat all or any part of the Property and to file subdivision restrictions and/or amendments thereto with respect to any undeveloped portion or portions of the Property without the consent or approval of an Owner or the Association.

4.7 Amendment. As long as there is a Class B membership, the provisions of this Article cannot be amended without the written consent of the Declarant, and any amendment of this Article without the written consent of the Declarant shall be deemed null and void, ab initio, unless subsequently approved and adopted by the Declarant.

4.8 Recordation Upon each commitment of additional real property to this Declaration, a recordation of such additions shall be made as a supplement or amendment to this Declaration in the Public Records of Indian River County, Florida; such real property described therein shall be committed, and subjected to and encumbered by the covenants contained in this Declaration and shall be considered "Property" as fully as though originally designated and defined herein as Property.

4.9 Merger: Nothing in these Articles is intended to limit or restrict in any way the Association's rights or ability to merge with any other association as the Board may feel is in the best interests of the Association and its Members. Upon a merger or consolidation of the Association with another association, all Common Area, rights, and obligations shall, by operation of law, be transferred to the surviving or consolidated association or, alternatively, shall become the properties, rights, and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants by this Declaration within the Property together with the covenants and restrictions established by any supplement upon any other properties as one scheme. However, no such merger or consolidation shall cause a revocation. change or addition to the covenants in the Declaration as it pertains to the Property, except as provided herein.

5.1 General Purpose, The Subdivision Association is organized for the purpose of providing common services to lot owners, owning and maintaining the lake and grounds, landscaping on Common Property, entrance sign and lights, and providing the enforcement of the Declaration, and engaging in activities for the mutual benefit of the Owners. All Lot Owners are members of the Subdivision Association, Provisions relating to the Subdivision Association are contained in the Articles of Incorporation and By-Laws of the Subdivision Association. The initial services to be provided by the Subdivision Association are maintenance of Common Property, insurance on Common Property, entrance sign, and sign lighting for Village "D" streets.

The Subdivision Association shall be responsible for the maintenance, operation, and repair of the portions of the Stormwater Management System. Maintenance of the Stormwater Management System shall mean the exercise of practices that allow the system to provide drainage, water storage, conveyance, or other Stormwater Management System capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the Stormwater Management System shall be as permitted or, if modified, as approved by the St. Johns River Water Management District. The St. Johns River Water Management District shall have the right to enforce by a proceeding at law or in equity the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Stormwater Management System. Any amendment to the Declaration which alters the Stormwater Management System, beyond maintenance in its original condition, including the water management portions of the Common Property, must have the prior approval of the St. Johns River Water Management District.

The Subdivision Association shall have the right to increase or reduce the level of services it provides and to add or delete services by affirmative vote of the members in accordance with the By-Laws of the Subdivision Association, except that the Subdivision Association shall be responsible for the maintenance, operation and repair of the portion of the Stormwater Management System to be maintained by it and shall not delete, reduce or modify any services related to the stormwater management system without prior approval of the St. Johns River Water Management District. In order to pay for these services, the Subdivision Association shall charge assessments against the Lots and their owners. Each Owner is personally obligated for assessments which come due during the time such Owner owns the Lot.

5.2 Enforcement of Assessments.

5.3 Annual Assessment. The Subdivision Association shall fix the amount and due date of the annual assessment, the periods of collection, whether annually, semi-annually, quarterly or monthly. Initially, annual assessments shall be payable in equal monthly installments. The Board of Directors shall notify the owners of each Lot of the amount and the date on which the assessments are payable and the place of payment. Annual assessment shall be uniform. The initial annual assessment for the first fiscal year shall be S1,500.00 with an additional start-up fee of 5200.00 payable at the initial closing of each Lot. The $200.00 start-up fee per Lot shall be paid to the Association at the time of closing by the first purchaser of a Lot other than the Declarant. The Association may use the start-up fee for any of the purposes set forth in this Declaration. The start-up fee shall be paid directly to the Association..

5.4 Date of Commencement of Annual Assessments. The annual assessment for each Lot shall begin upon conveyance of the Lot to a Class A member who is not the Developer. The first annual assessment for each Lot shall be made for the balance of the fiscal year of the Subdivision Association. The first annual assessment shall be due and payable in advance in installments and at the place established by the Subdivision Association at the time of such conveyance. ALL PROPERTY EXCEPT THAT, WHICH IS LEGALLY PLATTED INTO INDIVIDUAL LOTS AS PER A RECORDED PLAT OF Village "D" SHALL BE EXEMPT FROM ASSESSMENTS. FURTHERMORE, ALL PROPERTY OWNED BY THE DEVELOPER, IN THE ORDINARY COURSE OF BUSINESS, INCLUDING INDIVIDUALLY PLATI'ED LOTS, SHALL BE EXEMPT FROM ASSESSMENTS. HOWEVER, THE DEVELOPER WILL PAY ALL COSTS INCURRED BY THE ASSOCIATION IN ACCOMPLISHMENT OF THE PURPOSES IDENTIFIED IN SECTION 5.1 HEREIN, IN EXCESS OF THE TOTAL AMOUNT COLLECTED BY THE ASSOCIATION TIIROUGH ALL ASSESSMENTS.

5.5 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to any Owner, the maximum annual asscssmcnt sball be S1,800.00 pcr Lot.

5.6 Speçial Assessments. In addition to the Annual Assessments, the Subdivision Association may levy a special amassment to pay in whole or in part for the cost of any major construction, reconstruction, repair, or replacement of a capital improvement owned by the Subdivision Association or repair of any privacy walls without the concurrence of the owners. A major repair is a repair made to i: existing capital improvement that exceeds ten thousand dollars ($10,000.00), and the useful life of which is greater than one (1) year. Replacement of a capital improvement means any replacement of an existing capital improvement.

The Subdivision Association may also levy or collect a special assessment to acquire a new capital improvement or for any other purpose (other than major repair or replacement of a capital improvement) if the special assessment is approved by a vote of two-thirds (2/3) of the votes of each class of the Subdivision Association members.

5.7 Çlasses of Speçial Assessments There are two (2) classes of Lots for special assessment purposes:

Special assessments for each class be uniform. Special assessments for each Class II Lot should not be more than twenty-five (25%) percent of the assessment for Class I Lots.

5.8 Effect of Non-Payment of Assessment: Remedies of the Subdivision. Any assessment not paid within fifteen (15) days after the due date shall bear interest from the date ducat the rate of EIGHTEEN (18%) PERCENT PER ANNUM or the highest rate allowed under the laws of the State of Florida, whichever is less until paid. The Subdivision Association may bring an action against the owner of the Lot for payment of the assessment and may enforce its lien for the assessment by foreclosure or any other means available under the law. The Subdivision Association may waive payment of late fees and interest on an assessment, but may not waive payment of the assessment. No member may waive or otherwise escape liability for assessments by non-use of Common Property or by the abandonment of the Lot owned by such owner.

5.9 Subordination of the Lien to Mortgages. The lien of the assessments provided for in this Declaration shall be a lien superior to all other liens less and except real estate tax liens and the lien of any mortgage to any Institutional Lender which is now or hereafter placed upon any property subject to assessment as long as said mortgage lien is a first lien against the property encumbered thereby provided, however, that any such mortgagee, when in possession, or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid assessment which cannot be collected as a lien against any Lot by reason of the provisions of this section shall be deemed to be an assessment divided equally among, payable by, and a lien against all Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. Notwithstanding any contrary provision hereof, no Institutional Lender acquiring title to a Lot through foreclosure or conveyance in lieu of foreclosure, and no purchaser at a foreclosure sale, and no persons claiming by, through, or under such Institutional Lender or purchaser shall be personally obligated to pay assessments that accrue prior to the Institutional Lender’s or the foreclosure purchaser's acquiring title.

5.10 Damage by Owners. The Owner of a Lot shall be responsible for any expense incurred by the Subdivision Association to maintain, repair, or replace Common Property which is necessary by reason of the Owner's carelessness, neglect, or willful action or by that of the Owner's family, his guests, agents, tenants or invitees. Any such expense shall be a part of the assessment to which the Owner's Lot is subject and shall be due and payable in the same manner as annual assessments provided for in these Covenants.

6.1 Right to Use Çommon Property Each Owner and mc: members of such owner's family residing with the Owner or the tenant of a non-resident owner has the non-exclusive right to use Common Property for the purpose for which it is intended, which shall be appurtenant to and shall pass with title to the Lot owned by the Owner, subject to the following provisions:

6.2 Utilities. Each Owner shall have access to the underground utility lines, lift and pumping stations, pipes, sewers, and drainage lines constructed in the roads or other easements as shown on any Plat recorded for the Subdivision, as the same may be relocated from time to time, subject to the regulations and ordinances of Indian River County.

6.3 Lot Easements. Unless the Association elects to maintain easement areas on the Property, each owner shall be responsible for the maintenance of all easements situated on their respective Lot or Lots for utility or drainage purposes.

7.1 Enforcement Rights The Subdivision Association, its agents or employees, shall have the right, but not the obligation, to enter upon any Lot to cure any violation of these Covenants, including without limitation, the right to remove any structure which is in violation of these Covenants and to enforce maintenance and repair of Lots and improvements. Any such removal, curing, maintenance, or repair shall be at the expense of the owner of the Lot on which the violation has occurred or exists, which expense shall be payable by such owner to the Subdivision Association on demand. Entry to remove and cure any violation of these Covenants shall not be a trespass, and the Subdivision Association shall not be liable for any damages on account of the entry.

The rights of the Subdivision Association described in this Section shall not be construed as a limitation of the rights of the Developer or any owner to prosecute proceedings at law or in equity for the recovery of damages against persons violating or attempting to violate these Covenants or for the purpose of preventing or enjoining any violations or attempted violations. The remedies contained in this Section shall be construed as cumulative of all other remedies provided at law or in equity. The failure of the Subdivision Association to enforce these Covenants, however long continuing, shall not be a waiver of the right to enforce these Covenants at a later time. In any action brought by the Subdivision Association to enforce the provisions of these Covenants, the Subdivision Association shall be entitled to recover its attorney fees and costs if it is the prevailing party.

7.2 Other Assessments Any amounts owed by any Owner to the Subdivision Association as a result of the Subdivision Association's abating or curing violations of these Covenants or maintaining or repairing Lots or homes shall be due and payable within fifteen (15) days from the date of receipt of a statement for such amounts from the Subdivision Association. If any of said sums are not paid when due, they shall be added to and become part of the annual assessment to which the Lot is subject and enforceable as provided in these Covenants.

7.3 Common Property Rights. The Subdivision Association shall have the right:

7.4 Association's Right of Entry. The Subdivision Association's duly authorized representatives or agents shall, at all reasonable times, have and possess a reasonable right of entry and inspection upon the Common Area or any Lot for the purposes of fully and faithfully discharging the duties of the Association. Non-exclusive easements are hereby granted in favor of the Association throughout the Property as may reasonably be necessary for the Association to perform its services required and authorized hereunder, so long as none shall unreasonably interfere with the use of any Lot. Furthermore, an easement is hereby granted in favor of the Association, including its agents and designees, for purposes of carrying out all obligations and/or rights of the Association pursuant to this Declaration. Furthermore, a nonexclusive easement is hereby created overall utility easements or other right of ways contained on any Plat for Village "D" which casement is in favor of the Association, including its agents and designees, in perpetuity, to utilize for all proper purposes of the Association.

7.5 Authorized Services. The Association shall be authorized, but not required, to provide the following functions and services and shall have easement rights necessary to perform same:

8.1 Eminent Domain. If all or part of any easement granted by Developer over property of the Developer is taken by eminent domain, no claim shall be made by the Subdivision Association or any owner other than Developer for any portion of any award, provided Developer shall grant a similar easement, if necessary, to provide owners with access to their Lots and with utility service.

8.2 Easements for Utilities and Cable television. Developer reserves a perpetual easement on, over, and under the easements and Common Property shown on any Village "D" plat for construction and maintenance of electric and telephone poles, wires, cables, conduits, water mains, drainage lines or drainage ditches, sewers, irrigation lines, and other conveniences or utilities. To the extent permitted by law, Developer reserves an exclusive easement over, on, and under each Lot for the installation and maintenance of utilities, lines, wires, pipes, power, telephone, CATV, radio, and television cables within the Subdivision. The Owners of Lots subject to the easements reserved in this section shall acquire no right or interest in utility or cable television equipment placed on, over, or under the portions of the Subdivision which are subject to such easements. All easements reserved by the Developer arc and shall remain private easements and the sole and exclusive property of the Developer.

8.3 Drainage Easement Drainage flow shall not be obstructed or diverted from drainage casements. Developers may, but shall not be required to, cut drain ways for surface water wherever and whenever necessary to maintain reasonable standards of health, safety, and appearance. Except as provided in this Section, existing drainage shall not be altered so as to divert the flow of water onto an adjacent Lot or into sanitary sewer lines.

8.4 Maintenance Easement. The developer reserves an easement in, on, over, and upon each Lot for the purpose of preserving, maintaining, or improving the Common Property and any easements thereon.

8.5 Developer Rights re Temporary Structures, Etç Developer reserves the right to erect and maintain temporary dwellings, model bouses, and/or other structures upon Lots owned by Developer and to erect and maintain such commercial and display signs as Developer, in its sole discretion, deems advisable. Developer reserves the right to do all acts necessary in connection with the construction of improvements on the Lots. Notwithstanding anything in this Declaration to the contrary, Developer shall have the right to use the Property and any Lot for ingress and egress thereover, including the use of construction machinery end trucks thereon and no person shall in any way impede or interfere with Developer, its employees or agents in the exercise of this right herein reserved, or interfere with the completion of the contemplated improvements or sale of Lots or improvements thereon. Furthermore, the Developer may make such use of the Property free from the interference of Owners or contract purchasers as may be reasonably necessary to facilitate the completion and sale of Lots and improvements thereon, including, but not limited to, maintenance of the sales office and, model area, the showing of property, the display of sign, and the right to construct or place sales and construction offices of a temporary nature on the property. Nothing contained in these Covenants shall be construed to restrict the foregoing rights of the Developer

8.6 Further Restrictions. So long as the Developer owns any Lot in Village "D", Developer reserves the right to impose further restrictions and to grant or dedicate additional easements and rights-of-way on the Property, any Lot in Village "D", and on the Common Property. The easements granted by Developer shall not materially or adversely affect any improvements or unreasonably interfere with the use of the Common Property.

8.7 Release of Restrictions, Easements. If a home or other structure is erected or the construction of a home or structure is substantially advanced in a manner that violates the restrictions contained in these Covenants or in a manner that encroaches on any setback line, lot line, Common Property, or easement area, Developer shall have the right to release the Lot from the restriction it violated. Developer shall also have the right to grant a casement to permit encroachment by the home or structure over the lot line, or on the Common Property or the easement area, so long as the Developer, in the exercise of its sole discretion, determines that the release or easement will net materially adversely affect the health and safety of owners, the value of adjacent Lots and appearance of Village "D". Notwithstanding any contrary provisions of this Declaration, the Developer shall have the right without the approval or consent of any Member of the Association to convey any portion of the Common Property that is the subject of any encroachment by a home to the owners of the home. Nothing contained in this Section shall be construed to conflict with any adopted ordinance of Indian River County.

8.8 Easement for Access and Drainage. The Developer and the Subdivision Association shall have a perpetual non-exclusive easement over all areas of the Surface Water or Stormwater Management System for access to operate, maintain or repair the Stormwater Management System. By this easement, the Developer and Subdivision Association shall have the right to enter upon any portion of any Lot which is a part of the Surface Water or Stormwater Management System at a reasonable time and in a reasonable manner to operate, maintain or repair the Surface Water or Stormwater Management System as required by the St. Johns River Water Management District permit. Additionally, the Subdivision Association shall have a perpetual, exclusive easement for drainage over the entire Surface Water or Stormwater Management System. No person shall alter the drainage flow of the Surface Water or Stormwater Management System, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District.

8.9 Survival, Any and all easements, licenses, or other rights granted or reserved pursuant to this Declaration shall survive any termination of this Declaration and conveyance of any Lot and shall be deemed to run with the land more particularly described on any Plat for Village "D" and all other land annexed hereunder.

10.1 Duties and Powers of Subdivison Association. Except for the construction of homes and other improvements upon any Lot and improvements to the Common Property by the Developer, and except as otherwise provided in this Declaration, NO IMPROVEMENTS SHALL BE CONSTRUCTED ON TIIE COMMON PROPERTY AND NO ALTERATIONS OF THE EXTERIOR OF ANY HOME OR ALTERATION OR PERMANENT IMPROVEMENT OF ANY LOTS SHALL BE EFFECTED WITHOUT THE PRIOR WRITTEN CONSENT OF THE SUBDIVISION ASSOCIATION OR AN ARCHITECTURAL COMMITTEE COMPOSED OF TIIREE (3) OR MORE REPRESENTATIVES APPOINTED BY THE BOARD OF DIRECTORS OF THE ASSOCIATION AND, IF CONSENT OF THE SUBDIVISION ASSOCIATION IS GRANTED, THE MASTER ASSOCIATION. The Subdivision Association shall have the right to approve or disapprove any building, fence, wall, screened enclosure, grading, floor, elevation and drainage plan, drain, mailbox, solar energy device, antenna, satellite dish, decorative building, landscaping plan, landscape device or object, or other improvement, change or modification and to approve or disapprove any exterior additions, changes, modifications or alterations to the home. Disapproval of any change, addition, modification, or alteration may be solely on the grounds of aesthetics. It is the Developer's intent to protect the community from nuisances and maintain the aesthetic quality, with substantial uniformity, of the homes. The Subdivision Association may adopt additional standards and criteria to effect the purposes of this Section and Article.

10.2 Duties of Subdivision Association: The Subdivision Association shall approve or disapprove the plans for an improvement or modification within thirty (30) days after the same is submitted to it in proper form. If the plans are not approved within such period, they shall be deemed to have been disapproved. The plans submitted to the Subdivision Association for approval shall include all plans necessary for construction and shall meet the following standards:

10.3 Maintenance or Homes and Lots

10.4 Miscellaneous Restrictions.

10.5 Common Area. Other than those improvements constructed by the Declarant, no improvements shall be constructed upon any portion of the Common Arca without approval from the Subdivision Association

10.6 Property Maintenance. ln the event an Owner of any Lot shall fail to maintain a Lot and improvements situated thereon in a manner satisfactory to the Subdivision Association, including but not limited to landscaping, grass, and shrubbery, the Owner shall be notified and given tiny days within which to correct or abate the situation. If the Owner fails to do so, the Subdivision Association shall have the right (although it shall not be required to do so) to enter upon the Lot for the purpose of repairing, maintaining, and restoring the Lot and the exterior of the building and other improvements located thereupon at the sole cost of the Owner of the Lot. The cost of such repair, maintenance, and restoration, together with reasonable attorneys' fees and costs for collection thereof incurred through all appellate levels, shall thereupon constitute a lien upon the Lot, which lien shall become effective only upon the filing of a written claim of lien. The form, substance, and enforcement of the lien shall be in accordance with the construction lien law of the State of Florida, and the Owner of the Lot shall, by virtue of having acquired the Lot subject to these restrictions, be deemed to have authorized and contracted for such repair, maintenance, and restoration. The lien herein provided will be subordinate to a first mortgage lien of an Institutional Lender.

10.7 **Fines.* It is acknowledged and agreed among all Owners that a violation of any of the provisions of these Declarations or this Article by an Owner or residence will result in irreparable harm to other Owner or residents and the Developer. Each Owner, the Association, and the Developer shall have the right to order, enforce, and file all actions to obtain orders or judgments for specific performance and injunction of the terms and provisions of these covenants and this Declaration. Ali Owners agree that a fine may be imposed by the Developer or Association for each day of violation of these covenants continues after notification by the Developer or the Association. Ali fines collected shall be used for the benefit of the Association. Any fine levied shall be paid within fifteen (15) days after mailing of notice of that fine. If any fine is not paid within fifteen (15) days, the amount of such fine shall accrue interest at a rate often (10%) percent per annum and shall be treated as a special assessment as provided in these Declarations.

11.1 Water System. The central water supply system provided by Indian River County, Florida, for the service of Village "D" shall be used as the sole source of water. Each owner shall pay water meter charges established by the City and shall maintain and repair all portions of such water lines located within the boundaries of his Lot.

11.2 Sewage/Reuse Water Svltem. The central sewage system provided by Indian River County, Florida for the service of Village "D" shall be used as the sole sewage or disposal system for each Lot. Each owner shall maintain and repair all portions of such sewer lines located within the boundaries of his Lot and shall pay when due the periodic charges or rates for the furnishing of such sewage collection and disposal service made by the operator thereof. No septic tank or drain field shall be placed or allowed within Village "D". The Declarant and/or Association shall have the right and ability, but shall not be required, to contract with Indian River County, Florida, with regard to the establishment, maintenance, and operation of a Reuse Water System for the Subdivision, and the Association shall have the right to control and regulate all use of the Reuse Water System, and all use of the Reuse or Reclaimed Water within the Subdivision. including setting reasonable restrictions on the time and duration of use of such Reuse or Reclaimed Water or Reuse Water System. The Declarant and the Association hereby reserve and create a perpetual easement in favor of the Declarant and the Association over, under, and across all Property within the Subdivision for the construction. installation, repair, and maintenance of a Reuse Water System for the subdivision.

11.3 Garbaae Çqlleçtjon. Garbage, trash, and rubbish shall be removed from the Lots by the entity selected by Indian River County. Each Lot Owner shall pay when due the periodic charges or taxes for such garbage collection service.

11.4 Eleçtrical and Telephone Seryiçe. All telephone, electric, and other utility lines and connections between the main or primary utility lines and the residence and the other buildings located on each Lot shall be concealed and located underground in a manner acceptable to Indian River County.

12.1 Privaçy Wall. The Declarant may construct privacy walls, fences, berm, or swale areas within the Property ("Privacy Wall"). A Privacy Wall shall hereinafter be defined as any berm, swale area, wall or fence built by the Declarant, or later built by the Association, in any Common Area, easement, or elsewhere on the Property as a visual barrier, decorative or architectural feature, safety feature, or for any other reason at the sole discretion of the Declarant, or as a requirement of any municipality or governing authority.

12.2 Maintenance or Privaçy Walls. Unless the Association elects to maintain Privacy Walls, Owners shall be responsible for the maintenance of Privacy Walls situated on their respective Lot or Lots.

12.3 Failure to Maintain a Privacy Wall. To the extent an Owner does not maintain the Privacy Wall contiguous with the boundary line of that Owner's Lot, and the Association has elected not to maintain said Privacy Wall, the Association shall have the right to paint, repair, or otherwise maintain that portion of the Privacy Wall. Upon the occurrence of such an event, the Association shall have the right to assess said Owner for the costs thereof and the enforcement provisions contained in this Declaration shall apply.

12.4 Easement for Prlvaçy Wall. An easement is hereby created in perpetuity, in favor of the Declarant and the Association along the rear Lot lines of all exterior Lots (those Lots bordering other Lots, subdivisions, developments, or property not within the Property) within the Subdivision, for the construction, management, inspection, painting, maintenance, and repair of Privacy Walls along such rear Lot lines. The easement shall extend ten (10) feet from the rear Lot line of any and all exterior Lots of the Subdivision, into each affected Lot. Entry upon a Lot by the Declarant or the Association or their agents, as provided herein, may occur without notice and shall not be deemed a trespass.

12.5 Duration and Amendment These covenants and restrictions of this Declaration shall run with and bind the land submitted or subjected hereto and shall be and remain in effect for a period of twenty (20) years from the date this Declaration is recorded, after which time they will be automatically extended for periods of ten (10) years and shall inure to the benefit of and be enforceable by the Developer, the Subdivision Association, the owners and their respective legal representatives, heirs, successors, and assigns unless modified or terminated by a duly recorded written instrument executed in conformity with requirements described below. For so long as there remain Class B members voting rights, the Declarant may amend, change, supplement, modify, or terminate this Declaration without the approval of the Owners. ln addition to any other manner herein provided for the amendment of this Declaration, these covenants and restrictions may be amended, changed, supplemented, modified, or terminated at any time and for any reason from time to time upon the execution and recordation of an instrument approved by the Owners holding not less than two-thirds (2/3) vote of each class of membership in the Association. No provision of the Declaration may be amended if such provision is required to be included herein by any law. Additionally, no such amendment shall adversely affect the right or lien of any Institutional Lender without such mortgagee's express consent. Additionally, the Developer specifically reserves the absolute and unconditional right so long as it owns any Lots to amend the Declaration to conform to the requirements of the Federal Home Loan Mortgage Corporation, Veterans Administration, Federal National Mortgage Association, or the St. John's Water Management District, any other governmental agency or authority or any other generally recognized institution involved in the purchase and sale of home loan mortgages or to clarify the provisions herein, without the consent or joinder of any party. Notwithstanding anything contained in these Covenants to the contrary, the provisions of these Covenants affecting the rights or duties of the Developer shall not be amended or terminated at any time without the consent in writing of the Developer. Any amendment or termination of any covenant, or part thereof, that would affect the Surface Water Management System, including the water management portions of the Common Property, must have the prior approval of the St. Johns River Water Management District.

12.6 Notices. Any notice required to be sent to any person pursuant to any provision of these Covenants shall be effective if such notice has been deposited in the United States Mail, postage prepaid, addressed to the person for whom it is intended at his last known place of residence, or to such other address as may be furnished to the secretary of the Subdivision Association. The effective date of the notice shall be the date of mailing.

12.7 Severabllity. Whenever possible, each provision of these Covenants shall be interpreted in a manner that is effective and valid. If any provision of these Covenants is prohibited or held invalid, the prohibition or invalidity of such provision shall not affect any other provision which can be given effect. To this end, the provisions of these Covenants are declared to be severable.

12.8 Assignment by Developer. Developer shall have the sole and exclusive right to transfer to such persons, firms, or corporations as it shall select who acquire any part of Village "D" for development, in whole or in part, any or all of the easements and rights whatsoever given to or reserved by Developer in these Covenants. All easements and rights reserved in these Covenants shall be for the benefit of Developer, its successors, and any entities to whom such rights are assigned in writing. If the Developer sells, transfers, or assigns all of its then remaining interest in Village "D" to any person or entity, such person or entity shall be deemed to be the successor developer of Village "D" and the Class B member of the Subdivision Association; if Developer transfers or assigns Jess than all of its remaining interest in Village "D" to another person or entity, the successor in interest shall not be the successor developer or the Class B member unless the Developer specifically assigns its rights, obligations, and privileges under these Covenants and the Articles of Incorporation of the Subdivision Association to such person or entity by instrument recorded in the Public Records of Indian River County, Florida.

12.9 Disputes and Construction or Terms. ln the event of any dispute arising under these Covenants, or in the event of any provision of these Covenants requiring construction, the issue shall be submitted to the Board of Directors of the Master Association for non-binding arbitration or mediation. The Board of Directors shall give all persons having an interest in the issue an opportunity to be heard after reasonable notice. The Board shall, when appropriate, render its decision in writing, mailing copies thereof to all parties who have noted their interest.

12.10 No Waiver. The failure of the Association or Developer to enforce any right, provision, covenant, or condition that may be granted by this Declaration or the Governing Documents shall not constitute a waiver of the right of the Association or Developer to enforce such right, provision, covenant, or condition in the future.

12.11 Enforcement/Attorney Fees. ln addition to any other rights or remedies provided in this Declaration, this Declaration may be enforced by the Developer, the Association, or any Owner by procedure at law or in equity against any person violating or attempting to violate any provision herein, to restrain any violation, to require compliance with the provisions contained herein, to recover damages, or to enforce any lien created herein. ln any action or proceeding to enforce the provisions of this Declaration or in any way relating to this Declaration, including, without limitation, any action for declaratory relief, the prevailing party shall be entitled to recover from the unsuccessful party all attorney fees incurred at all trial and appellate levels in addition to all other costs and other expenses.

12.12 Indemnification of Officers, Direçtors or Agents. The Association shall be entitled to indemnify and procure insurance for any person acting as an officer, director, or agent for the Association.

12.13 Conflict. This Declaration sba11 shall take precedence over conflicting provisions in the Articles of Incorporation and By-Laws of the Association, and the Articles of Organization shall take precedence over the By-Laws.

12.14 Governing Law/Venue. The construction, validity, and enforcement of this Declaration shall be determined in accordance with the laws of the State of Florida, and the exclusive venue for enforcement of this Declaration shall be Indian River County, Florida

12.13 Conflict. This Declaration sba11 shall take precedence over conflicting provisions in the Articles of Incorporation and By-Laws of the Association, and the Articles of Organization shall take precedence over the By-Laws.

12.14 Governing Law/Venue. The construction, validity, and enforcement of this Declaration shall be determined in accordance with the laws of the State of Florida, and the exclusive venue for enforcement of this Declaration shall be Indian River County, Florida