67 Failure to Pay Assessments. In the event an Owner fails to pay any dues, assessments,
<br />charges, costs or fines tendered by the Association to it, or its successors and assigns,
<br />the Association will serve the Owner with a notice of delinquency. The Owner will, within
<br />(W thirty (30) days after receipt of such notice, pay the Association no less than the
<br />delinquent amount.
<br />If at the end of such thirty (30) day period the Owner has not paid the amount due to the
<br />Association, interest will be added to the delinquent amour: I an annual rate equal to the
<br />maximum legal rate or three percent (3 %) above prime as reported in the Wall Street
<br />Joumal, whichever is lower. The rate will be adjusted annually on the anniversary date of
<br />said notice of delinquency.
<br />The Owner will be liable for reasonable attorneys' fees incurred in the collection of
<br />delinquent dues, assessments, charges, costs or fines, and any accrued interest thereon.
<br />The delinquent amount, plus accrued interest, shall automatically become a lien upon the
<br />Lot(s) of the delinquent Owner, which lien shall be superior to all claims to such Lot
<br />except mortgages and delinquent real property tax, as well as an enforceable personal
<br />obligation of the Owner. The Association, or its successors and assigns, may upon
<br />failure of an Owner to pay any statement tendered by the Association, record notice of its
<br />claim of lien against any such Lot and thereafter pursue an action to foreclose said lien in
<br />any manner now,or in the future permitted by law or equity. The Association may, in
<br />addition to, or instead of, foreclosure, obtain a personal judgment against the Owner.
<br />ARTICLE VII
<br />COMMON AREAS AND EASEMENTS
<br />7.1 Common Areas. Common Areas in Blackthorn shall consist of all real and/or personal
<br />property which the Declarant and/or the Association owns or has an interest in for the
<br />common use of the members of the Association, including, but not limited to, landscape,
<br />entry features, drainage, landscape medians, security, safety, bicycle paths, roads,
<br />project lighting and recreational areas or any other use to which a majority of the
<br />membership of the Association may accede. Common Areas, as described and defined
<br />in Exhibit *D," will also include the strip of land between the outer edge of the curb and the
<br />edge of the right -of -way line along all Public Rights of Way. Improvements including,
<br />without limitations, Signs and landscaping will be designed and constructed by the
<br />Declarant at such time Declarant sees fit. Common Areas will be maintained by the
<br />Association.
<br />7.2 Reservation of Landscape Easements. The Declarant hereby reserves unto itself, its
<br />successors, successors in interest and assigns a perpetual easement under, over, along,
<br />across and upon those areas of Blackthorn herein described and defined in Exhibit "E,° as
<br />Landscape Easement Areas for the purposes and uses which in the Declarant's sole
<br />judgement are reasonable in order to create and maintain such attractive landscape areas
<br />in furtherance of this Declaration. These said purposes and uses may include without
<br />limitation: entering upon, planting, locating, installing, replanting, relocating, reinstalling,
<br />maintaining, removing, treating, repairing, irrigating, fencing and husbanding all trees,
<br />hedges, shrubs, bushes, plantings, plants, grasses, flowers and other vegetation.
<br />13 Blackthorn Corporate Center - Covenants & Restrictions 4111193
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