New Buyer - Rev. October 2019

(a) Maintenance on the golf courses may begin early in the morning and extend late into the evening, ordinarily occurring from sunrise to sunset. (b) During certain periods of the year, the golf courses will be heavily fertilized. (c) The maintenance of the golf courses may require the use of chemicals and pesticides. (d) The golf courses may be watered with non- potable water. (e) Golf balls may enter Owner’s airspace and cause personal injury or property damage. The Club and its members (in their capacity as members), and any agents, servants, employees, directors, officers, affiliates, representatives, receivers, subsidiaries, predecessors, successors, and assigns of any such part (“Released Parties”) shall not in any way be responsible for any claims, damages, losses, demands, liabilities, obligations, actions or causes of action whatsoever, including, without limitation, actions based on (a) any invasion of the Lot owner’s use or enjoyment of the Lot, (b) improper design of the golf courses, (c) the level of skill of any golfer (regardless of whether such golfer has the permission of the management to use the golf courses), or (d) trespass by any golfer on the Lot, that may result in property damage or personal injury from golf balls (regardless of number) hit on the Lot or Living Unit or adjacent roadways, or from the exercise by any golfer of the easements granted herein. Furthermore, each owner(s) of a Lot or Living Unit hereby assumes the risk inherent in owning property adjacent to or nearby golf courses, including, without limitation, the risk of personal injury and property damage from errant golf balls, and hereby indemnifies and agrees to hold the Released Parties harmless from any and all loss arising from claims by such owner(s), or persons using or visiting such owner's Lot or Living Unit, for any personal injury or property damage. Easements to permit the doing of every act necessary and proper to the playing of golf on the golf courses adjacent to the lots, which are subject to these Restrictions, are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from any area of such lots, the flights of golf balls over and upon such lots, the use of necessary and usual equipment upon such golf courses and golf courses easement, the usual and common noise level created by the playing of the game of golf, together with all of the other common and usual activity associated therewith, and with all the normal and usual activities associated with the operation of a country club. There is hereby established over and across the rear lot line adjacent to any golf courses in the Fiddlesticks subdivision (or side lot line, if said lot line is adjacent to a golf courses), a 25 foot easement which easement shall be used by Fiddlesticks Country Club, Inc. in the operation of its golf course property, and which easement area shall specifically constitute part of the golf courses. EASEMENT FOR GOLF:

18.

9