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described in the Master Governing Documents and, if applicable, their respective Neighborhood Governing Documents, all of which rights and obligations shall be appurtenant to and pass with the title to each Unit. Notwithstanding the foregoing, all Units, and the rights of the Members, Owners and Occupants shall be subject to the following: 4.3.1 The rights of the Master Association and Master Declarant under the Master Governing Documents, the Master Rules, MCIOA and other applicable law. 4.3.2 Restrictions, easements or other conditions referred to in this Master Declaration or contained in any plat or other recorded instrument affecting the Development Area, 4.3.3 The right of fire, police, health, sanitation, and other public service personnel and vehicles to have access to the Development Area for the purpose of performing their authorized duties. 4.3.4 The rights of the Master Association -to levy Master Assessments, including fines and charges, or to pursue other remedies, in accordance with this Master Declaration. 4.3.5 The rights of the holder of any mortgage which is prior or superior to the rights or interests reserved or established by this Master Declaration by reason of having been recorded prior to the recording of this Master Declaration or as otherwise provided by this, Master Declaration. SECTION 5 EASEMENTS The following appurtenant easements and rights are hereby granted or reserved: 5.1. Master Association Access for Maintenance. A nonexclusive easement in favor of the Master Association, its Directors, Officers, agents, and employees, including without limitation any management agent or service vendor retained by the Master Association, for reasonable access on and across any Neighborhood Property or Nonresidential Unit for the purpose of fulfilling the maintenance obligations of the Master Association under the Master Governing Documents. This easement shall be (i) exercised only during reasonable hours and then, whenever practicable, only upon advance notice to any Owner or Occupant directly affected, and (ii) limited to portions of the Neighborhood Property which are unimproved with Dwellings or other structures, or landscaping and to, portions of Nonresidential Units which are unimproved with Nonresidential Buildings or other improvements or landscaping, The Master Association shall take reasonable care to avoid damaging the property on which the easement is located and shall repair any property damage 12 1211107S7v8820716 8/15/05