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<";"\~ ... 200709255 ARTICLE X. EASEMENTS Easements are hereby reserved and granted from and to owner and each owner of unit for encroachment. If any part of a unit encroaches upon any other unit or the common elements or if any such encroachment shall hereafter occur due to the settling or shifting of the building or for any other reason, or if such building is repaired or rebuilt after damage or destruction. The Association shall have an easement in and upon each unit for the performance and repairs upon the common elements and for emergency repairs to any part of the unit. ARTICLE XI. BE SUBJECT TO MASTER DEED AND DECLARATION. BY-LAWS. AND RULES AND REGULATIONS All present and future owners, tenants and occupants of units shall be subject to, and comply with the provisions of this Master Deed and Declaration, the By-Laws, and the rules and regulations as they may be amended from time to time. The acceptance of a deed or conveyance and entering into of a lease or the entering into occupancy of any unit shall constitute an agreement that the provisions of this Master Deed and Declaration, the By-Laws, and the rules and regulations, as they may be amended from time to time, are accepted and ratified by such owner, tenant or occupant, and all of such provisions shall be deemed and taken to the covenants running with the land and shall bind any person having at any time any interest or estate in such a unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. ARTICLE XII. ALTERATIONS AND TRANSFER OF INTERESTS The common elements appurtenant to each unit shall have a permanent character and shall not be altered without the consent of all the units affected and expressed in an amendment to this Master Deed and Declaration duly recorded. The common elements and easements shall not be separated from the unit to which they appertain and shall be deemed to be conveyed, leased or encumbered with such unit even though such interests or easements are not expressly mentioned or described in the conveyance or other instrument. ARTICLE XIII. INVALIDITY The invalidity of any provision ofthis Master Deed and Declaration or amendments thereto shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed and Declaration or amendments thereto and, in such event, all the other provisions of this Master Deed and Declaration shall continue in full force and effect as if such invalid provision had never been included herein. ARTICLE XIV. WAIVER No provisions contained in this Master Deed and Declaration or amendments thereto shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. ARTICLE XV. CAPTIONS The captions herein are inserted only as a matter of convenience and for reference, and in way define, limit or describe the scope of this Master Deed and Declaration or its amendments thereto nor the intent of any provision thereof. 8