13. Easements, Encumbrances and Restrictions

1. The Property is subject to all easements and restrictions of record and to the following:



1. A Construction Mortgage made by the Developer to Midlantic National Bank to secure advances of up to $17,086,870.00. This mortgage was dated October 16, 1986 and recorded in the Somerset County Clerk's Office on October 17, 1986 in Mortgage Book 1549 Page 314; this Mortgage is additionally secured by UCC Filing No. 7122, filed on October 17, 1986.
2. 150 foot wide Public Service Electric and Gas Company right of way crossing Tax Lot No. 32 in Block No. 178.01, same being more particularly described in Deed Book I-21 Page 480, Deed Book K-21 Page 421 and Deed Book L-21 Page 453.
3. 30 foot wide Transcontinental Gas Pipeline Easement running along the northerly side of the P.S.E.& G. easement, same being more particularly described in Deed Book 938 Page 215.
4. 40 foot wide New Jersey Power and Light Company right of way running along the southerly side of the P.S.E.& G. Co. right of way, crossing Tax Lot No. 32 in Block No. 178.01, same being more particularly described in Deed Book 1197 Page 206, with receipt for same recorded in Deed Book 1200 Page 377.
5. Subject to rights public, private and of the State of New Jersey in and to that portion of the premises which is contained within the banks of the Dead River. Subject to rights of adjoining owners in any stream or watercourse crossing premises.
6. 20 foot wide permanent easement for the Construction of sanitary sewers running in an east-west direction through the approximate center of Tax Lot No. 32 in Block No. 178.01, same being more particularly described in Deed Book 1471 Page 178.
7. Mortgage Modification Agreement dated January 9, 1987 and recorded February 5, 1988 in Mortgage Book 1729 Page 677. The purpose of this Agreement was to subject an additional tract of land to the mortgage described in (1) above.
8. Deed of Easement and Right of Way dated February 4, 1988 and recorded on February 19, 1988 in Deed book 1673 Page 107. The purpose of this Agreement is for the installation and maintenance of water mains.
9. Subject to rights public and private in and to Valley Road and Acken Road.
10. The restrictions on sale, resale, ownership and occupancy of the Affordable Housing Units as set forth in the Affordable Housing Plan for The Cedars, A Condominium recorded or about to be recorded in the Somerset County Clerk's Office.



Items (2), (3), (4) and (5) affect only the "wetlands" portion of the property which is to be dedicated to the Township of Bernards.

2. The Property will also be subject to the following easements which shall apply and run to each Unit Owner:



1. A non-exclusive easement in, upon, over, under, across and through the Common Elements to keep, maintain, use, operate, repair and replace his Unit in its original position and in every subsequent position to which it changes by reason of the gradual forces of nature and the elements; and
2. An exclusive easement for the existence and continuance of any encroachment by his Unit upon any adjoining Unit or upon any Common Element now existing or which may come into existence hereafter as a result of construction, reconstruction, repair, shifting, settlement or movement of any portion of a building or a Unit, or as a result of condemnation or eminent domain proceedings, so that any such encroachment may remain undisturbed so long as the building stands; and
3. A non-exclusive easement for ingress and egress to his Unit in, upon, under, over, across and through the General Common Elements; and
4. An exclusive easement to use and enjoy the surfaces of the main walls (including any skylights, windows or doors therein), ceilings, floors, stairway, and foyer contained within his Unit; and
5. An easement in common with the Owners of all other Units to use all pipes, wires, ducts, cables, conduits, public utility lines, television, master antenna and other General Common Elements located in any of the other Units and serving his Unit; and
6. A perpetual and non-exclusive easement in, over and through the General Common Elements of the Condominium and to use the roadways, walks and other common facilities within the Condominium subject to the right of the Board to:



1. promulgate the Rules and Regulations for the use and enjoyment thereof; and
2. suspend the enjoyment and voting rights of any Unit Owner for any period during which any assessment for Common Expenses remains unpaid, or for any period during which any infraction of its published Rules and Regulations continues, it being understood that any suspension for either non-payment of any assessment or a breach of the Rules and Regulations of the Association shall not constitute a waiver or discharge of the Unit Owner's obligation to pay the assessment; and


7. A perpetual and non-exclusive easement for pedestrian ingress and egress to and from the tennis courts or swimming pool or to the other Unit(s) over and through the walkways and roadways, which easement shall be for the benefit of all Unit Owners, occupants or their invitees; and
8. A perpetual and non-exclusive easement for access to or use of the General and Limited Common Elements within the Condominium or for any other purpose, which easement is for the benefit of all Owners and occupants of Units in the Condominium and their invitees; and
9. A perpetual and non-exclusive easement for vehicular ingress and egress reasonably required to and from the Units over and through roadways in the Condominium, which easement shall be for the benefit of all Owners and occupants of Units in the Condominium and their invitees.


3. The Developer, its successors and assigns, shall have the following easements with respect to the Property:



1. A blanket and non-exclusive easement in, upon, over, through, under and across the Common Elements and the Property for the purpose of construction, installation, maintenance and repair of any improvement to the Units or the Common Elements, for ingress and egress, for the use of all roadways and parking areas, and for the utilization of existing and future model Units for sales promotion and exhibition for one (1) year from the date the last Unit in the Condominium is sold and conveyed in the normal course of business, but in any event not more than five (5) years from the date of the recording of the Master Deed. In addition, Developer reserves the irrevocable right to enter into, upon, over or under any Unit for such purposes as may be reasonably necessary for the Developer or its agents to service such Unit or any part of a building provided that requests for entry are made in advance and that such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate whether the Unit Owner is present at the time or not;
2. A perpetual, blanket and non-exclusive easement in, upon, over, under, across and through the Common Elements for surface water runoff and drainage caused by natural forces and elements, grading, and/or the improvements located upon the Property. No individual Unit Owner shall directly or indirectly interfere with or alter the drainage and runoff patterns and systems within the Condominium;


4. The Property shall also be subject to the following:



1. The Association shall have a perpetual exclusive easement for the maintenance of any Common Elements, which presently or may hereafter encroach upon a Unit; and
2. The Association, through the Board or any Manager, or Managing Agent, or their respective agents or employees shall have the perpetual and non-exclusive right of access to each Unit and the Limited Common Elements appurtenant thereto (a) to inspect same; (b) to remedy any violations of the provisions of the Master Deed, the By-Laws or any Rules and Regulations of the Association; and (c) to perform any operations required in connection with the maintenance, repairs or replacements of or to the Common Elements, or any equipment, facilities or fixtures affecting or serving other Unit(s) or the Common Elements; provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not; and
3. Any Eligible Mortgage Holder, its officers, agents and employees, shall have a blanket, perpetual and non-exclusive easement to enter the Condominium or any part thereof to inspect the condition and repair of the Common Elements or any Units so encumbered by a first mortgage owned by it. This right shall be exercised only during reasonable daylight hours, and whenever practicable, only after advance notice to and with the permission of the Board and the Unit Owner affected thereby; and
4. A blanket, perpetual and non-exclusive easement in, upon, over, across and through the Common Elements for the purpose of the installation, maintenance, repair, service and replacement of all sewer, water, power and telephone pipes, lines, mains, conduits, waters, poles, transformers, master television antennas and any and all other equipment or machinery necessary or incidental to the proper functioning of any utility systems serving the Property, which easement shall be for the benefit of any governmental agency, or utility company or other entity which requires same for the purpose of furnishing one or more of the foregoing services; and
5. A blanket, perpetual and non-exclusive easement of unobstructed ingress and egress in, upon, over, across and through the Common Elements to the Township of Bernards, the Association, their respective officers, agents and employees (but not the public in general) and all police, fire and ambulance personnel in the proper performance of their respective duties, (including but not limited to emergency or other necessary repairs to a Unit which the Unit Owner has failed to perform), and for repair and maintenance of the Common Elements. Except in the event of emergencies, the rights accompanying the easements provided for in this subparagraph shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to and with permission of the Unit Owner(s) directly affected thereby; and
6. A perpetual, blanket and non-exclusive easement in, upon, over, under, across and through the Common Elements to the Township of Bernards, it respective officers, agents, and employees (but not the general public) for surface water runoff and drainage caused by natural forces and elements, grading, and/or the improvements located upon the Property. No individual Unit Owner shall directly or indirectly interfere with or alter the drainage and runoff patterns and systems within the Condominium.