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ARTICLE 11
<br /> Statement of Purpose and Imposition of Covenants
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<br /> Declarant intends to develop the Community by subdivision and otherwise into
<br /> various Lots and Roads, and to develop and/or sell and convey the Lots (in general improved
<br /> with Homes) as portions of the Community are developed. Declarant may, with respect to
<br /> particular property constituting part of the Property, choose to Record one or more
<br /> Supplemental Declarations which will incorporate this Declaration and may establish additional
<br /> covenants, conditions, restrictions and easements as may be appropriate for that property.
<br /> Declarant hereby declares that all of the real property within the Property is and shall be held,
<br /> conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used,
<br /> improved or transferred, in whole or in part, subject to this Declaration and any Recorded
<br /> Supplemental Declarations applicable thereto, as amended or modified from time to time;
<br /> provided, however, that property which is dedicated to the public or a governmental entity for
<br /> public purposes shall not be subject to this Declaration while owned by the public or the
<br /> governmental entity, although restrictions imposed in this Declaration upon the Owners and
<br /> Occupants concerning the use and maintenance of such public areas shall at all times apply to
<br /> the Owners and Occupants. This Declaration and any Supplemental Declarations are declared
<br /> and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of
<br /> the Property and are established for the purpose of enhancing and perfecting the value,
<br /> desirability and attractiveness of the Property and every part thereof. All of this Declaration
<br /> shall run with the Property for all purposes and shall be binding upon and inure to the benefit of
<br /> Declarant, the Association, all Owners and Occupants, and their successors in interest.
<br /> Further, the covenants, conditions, restrictions and easements herein contained and
<br /> encumbering the Property shall benefit specifically, as a dominant tenement, all adjacent or
<br /> nearby property owned by Declarant.
<br /> ARTICLE III
<br /> Land Use Classifications
<br /> Section 3.1. Land Use Classifications. Declarant may, at its discretion,
<br /> designate land use classifications for certain areas of the Property, including specific
<br /> restrictions, easements, rights of way, maintenance responsibilities and other matters, including
<br /> new or different uses and restrictions therefor and including any number of subclassifications
<br /> thereof for any special uses. Such land use classifications may be fixed by Declarant in this
<br /> Declaration or in a Supplemental Declaration which may be Recorded by Declarant for that
<br /> portion of the Property. Any such Supplemental Declaration shall be construed as a
<br /> supplement to this Declaration and fully a part hereof for all purposes to the same extent as if all
<br /> of the provisions thereof were set forth in this Declaration. In exercising its authority to Record
<br /> Supplemental Declarations, Declarant shall not impose any new land use classifications or new
<br /> restrictions which are not generally in conformance with the scheme of development
<br /> contemplated by the Development Plan, as amended from time to time, and this Declaration;
<br /> provided, however, that any Supplemental Declaration may impose such further conditions,
<br /> covenants, restrictions, land uses and limitations as Declarant may deem appropriate, taking
<br /> into account the nature or particular requirements of each area of development. The inclusion
<br /> in any Supplemental Declaration of conditions, covenants, restrictions, land uses and limitations
<br /> which are more restrictive or more inclusive than those contained in this Declaration shall not be
<br /> deemed to constitute a conflict with the provisions of this Declaration. Land use classifications
<br /> Pualani Kona 10-9-03
<br /> 22594-174/282690.9 Page 7
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