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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE II (16-30)RESTRICTIONS16. All driveways and approaches shall be paved with concrete or an approved asphalt surface and shall be completed prior to occupancy, except to the extent prohibited by strikes or weather conditions, in which case the paving shall be completed within thirty (30) days of the termination of the strike or adverse weather. Developer may waive this requirement due to unavailability or excessive cost of materials. 17. Declarant, after reasonable written notice to Owner(s), reserves for itself and its agents the right to enter upon any residential Lot for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth which in the opinion of Declarant detracts from the overall beauty, setting and safety of the Subdivision. Such entrance for the purpose of mowing, cutting, clearing, or pruning shall not be deemed a trespass. Declarant and its agents may likewise enter upon such land to remove any trash which has collected on such Lot without such entrance and removal being deemed a trespass. The provisions of this paragraph shall not be construed as an obligation on the part of Declarant to mow, clear, cut or prune any Lot nor to provide garbage or trash removal services. In the event Declarant deems it necessary to take the actions necessary as provided for herein, any costs and expenses incurred may be assessed by Declarant against the Lot(s). 18. All charges against any Lot or Lots in the Subdivision in connection with the provisions of Paragraph 17 hereof shall be the personal liability of the Owner(s) of the Lot(s), and the Declarant or its successors or assigns, including the Association, shall have the right to enforce collection for any and all expenses and costs incurred in connection with exercising the rights provided in Paragraph 17 hereof by a suit at law for a money judgment or by foreclosure of a lien that secures payment of the assessment which Declarant may record against the subject Lot or Lots. Each Owner in the Subdivision shall be deemed to have granted to the Declarant or its successors and assigns the unqualified right to assess and lien the subject Lot for costs incurred in connection with Paragraph 17 hereof and further to permit Declarant or its successors and assigns the right to elect to foreclose such lien either by judicial action or by advertisement. The provisions of Michigan law pertaining to foreclosure of mortgages by judicial action or by advertisement, as the same may be amended from time to time, are incorporated herein by reference for the purpose of establishing the alternative procedures to be followed in lien foreclosure actions and the rights and obligations of the parties to such actions. Further, each Owner and every other person who from time to time has an interest in any of the Lots in the Subdivision, shall be deemed to have authorized and empowered the Declarant, or its successors and assigns, including the Association, to sell or cause to be sold the Lot with respect to which the outstanding obligation is or are delinquent and to receive, hold and distribute the proceeds of such sale in accordance with the priorities established by applicable law. Each Owner in the Subdivision acknowledges that at the time of acquiring title to such Lot, he was notified of the provisions of this section and that he voluntarily, intelligently and knowingly waived notice of any proceedings brought by the Declarant, its successors and assigns, including the Association, to foreclose by advertisement the lien for non payment of any assessments and the waiver of a hearing on the same prior to the sale of the subject Lot. Notwithstanding the foregoing, neither judicial foreclosure action nor a suit at law for a money judgment shall be commenced nor shall any notice of foreclosure by advertisement be published, until the expiration of ten (10) days after mailing, by first class mail, postage prepaid, addressed to the delinquent Owner(s) of the subject Lot(s) at his or their last known address of a written notice that expenses have been incurred by Declarant or its successors and assigns, including the Association, and are delinquent and that Declarant, its successors and assigns, including the Association, may invoke any of its remedies hereunder a the default is not cured within ten (10) days after the date of mailing. Such written notice shall be accompanied by a written affidavit of an authorized representative of the Declarant, its successors and assigns, including the Association, that sets forth (i) the affiant's capacity to make the affidavit, (ii) the authority for the lien, (iii) the amount outstanding (exclusive of interest, costs, attorney fees), (iv) the legal description of the Lot(s), and (v) the name(s) of the Owner. Such affidavit shall be recorded in the office of the Register of Deeds in the County in which the Subdivision is located prior to the commencement of any foreclosure proceeding, but it need not have been recorded as of the date of mailing as aforesaid. If the delinquency is not cured within the ten (10) day period, the Declarant, its successors and assigns, including the Association, may take such remedial action as may be available to it hereunder under Michigan law. 19. No laundry shall be hung for drying outside of the Dwelling on the Lot. 20. The grade of any Lot or Lots in the Subdivision may not be changed without the written consent of Declarant. This restriction is intended to prevent interference with the master drainage plans for the Subdivision. furthermore, Declarant shall have the exclusive right to enter upon any Lot in the Subdivision after occupancy of a Dwelling has been delivered to an Owner for the sole purpose of modifying grades due to construction on immediately abutting Lots in order to preserve the master drainage plans of the Subdivision. Declarant shall restore Owner's property to its original or similar condition which existed prior to any work which Declarant may be required to do in order to preserve the integrity of the drainage system of the Subdivision, provided, however, Declarant shall not be responsible for replacing any Improvements which caused or altered the original master drainage plans for the Subdivision. 21. No "through the wall", including "through the window", air conditioners may be installed in any Dwelling or structure in the Subdivision. 22. No outside compressors for central air conditioning units or other Similar machinery may be located other than in the rear yard and within five (5) feet of a rear wall of the Dwelling located thereon and shall not project past the sidewalls of the Dwelling so as to extend into a side yard. 23. If the Dwelling is constructed with a side entry garage, the basketball backboard or basket may be constructed on the garage or if free standing shall not be located where it is closer to the street than a line running parallel to the street extending perpendicular from the midpoint of the face of the width of the garage to the nearest boundary line of the Lot. Basketball backboards or baskets may be installed only in the rear yard of each Lot and shall not project into the side yard of any Lot whether free standing, attached to a Dwelling, garage or any other structure when the Dwelling constructed an the Lot has a front entry garage or is located on a comer Lot. 24. To the extent that the Lots are provided access to the Township water and sanitary sewer systems, all Dwellings must be connected thereto. 25. The use of any BB guns, firearms, air rifles, pellet guns, bow and\ arrow, slingshot or any other weapon of any kind is prohibited in the Subdivision. 26. Subject to all applicable municipal ordinances, Declarant reserves perpetual, alienable and releasable easements, and the right to go on, over and under the Lots in the Subdivision, as shown on the final plat, for purposes of installing and maintaining all public utilities and conveniences, including, but not limited to: Sanitary sewers, storm sewers, water and drainage lines, electric and telephone wires, cables and conduits, water mains, gas lines and cable TV lines. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, to make any gradings of the soil or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any licensee of Declarant, but this reservation shall not be considered an obligation of Declarant to provide or maintain any such utility or service. 27. Subject to all applicable municipal ordinances, each Owner in the Subdivision shall install, own, maintain, repair and replace, at its sole expense, electrical service conductors and telephone facilities from the public easements to the Dwelling located on the Lot. Each Owner shall be solely responsible for any injury to persons or property occurring during the installation or maintenance of said services. 28. No shrubs or foliage shall be permitted on any Lot within five (5) feet of any transformer enclosures or secondary connection pedestals. 29. Declarant has designated certain lands in the Subdivision to be used for surface water accumulation in connection with the proposed drainage easements (as shown on the plat for the Subdivision), and Declarant hereby covenants for itself, its successors and assigns that such lands shall continue to be used in such a manner so as to facilitate the proper drainage of the Subdivision. In the event that the Township or the Wayne County Road or Drain Commission finds it necessary, in its discretion, to go upon such lands in order to maintain the proper drainage of the Subdivision, the Township or the Wayne County Road or Drain Commission or their respective successors or assigns shall have the right to go upon such lands. 30. No Dwellings, Improvements or structures may be constructed or maintained over or on any easements excepting there from driveways and sidewalks approved by Declarant as to location and size; provided, however, that after the aforementioned utilities have been installed, such areas may be sodded. All other planting or Lot-line Improvements of any type over or on said easements shall be allowed only upon prior written approval of Declarant and only so long as they do not interfere with, obstruct, hinder or impair the drainage plan of the Subdivision, and so long as access is granted, without charge or liability for damages, for the maintenance of the utilities and underground drainage lines so installed, surface drainage and or for the installation of additional facilities. Declarant or the aforementioned utilities shall only be responsible for restoring the Owner's property to the extent of sod in the easement area and shall have no further responsibility for any landscaping, decks, patios or other Improvements or structures. |
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