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<br /> <br />4810-5342-0509, v. 2 <br /> 4 <br /> <br />1.19 “Condominium” means an estate as defined in California Civil Code Section 4125 <br />consisting of an undivided interest as a tenant-in-common in all or any portion of the Common Area, <br />together with a separate fee interest in a Unit as described in this Declaration, the Condominium Plan and/or <br />in the deed conveying the Condominium. <br />1.20 “Condominium Building” means each building in which the Condominiums are located <br />as shown on the Condominium Plan. <br />1.21 “Condominium Plan” means each of the following: (a) each condominium plan recorded <br />against the Property pursuant to California Civil Code Section 4285, et seq. that encumbers all or any <br />portion of the Property, and all amendments to each such plan; and (b) any recorded condominium plan or <br />plans, including amendments thereto, affecting any Phase which has been annexed hereto. <br />1.22 “County” means the County of Alameda, California. <br />1.23 “Declarant” means D.R. HORTON BAY, INC., a Delaware corporation and shall include <br />those successors and assigns of D.R. HORTON BAY, INC. who acquire or hold title to any part or all of the <br />Property and/or the Annexable Property for purposes of development and are expressly named as a <br />successor Declarant to all or a portion of Declarant’s rights in an Assignment of Declarant’s Rights <br />(“Assignment of Declarant’s Rights”) executed by Declarant or a successor Declarant, and recorded in <br />the Official Records assigning the rights and duties of Declarant to such successor Declarant, and such <br />successor Declarant accepts the assignment of such rights and duties. A successor Declarant shall also <br />be deemed to include the beneficiary under any deed of trust securing an obligation from a then existing <br />Declarant encumbering all or any portion of the Property and/or the Annexable Property, which beneficiary <br />has acquired any such portion of the Property and/or the Annexable Property by foreclosure power of sale <br />or deed in lieu of such foreclosure or sale. <br />1.24 “Declarant Party” or “Declarant Parties” means Declarant and its current and future <br />affiliates, and the respective current and future directors, officers, employees, members, managers, <br />partners, trustees, trust beneficiaries, agents and representatives of Declarant. <br />1.25 “Declaration” means this Declaration of Covenants, Conditions and Restrictions and <br />Establishment of Easements of Maple Lane as said Declaration may from time to time be amended or <br />supplemented. <br />1.26 “Design Guidelines” means the design criteria adopted by the Board pursuant to Article <br />8 (Design Review). <br />1.27 “Design Review Committee” means the committee which may be appointed by the Board <br />pursuant to Article 8 (Design Review), provided however, that to the extent a Design Review Committee <br />is not appointed by the Board, all references in this Declaration to Design Review Committee shall mean <br />the Board. <br />1.28 “DRE” means the California Department of Real Estate and any successor agency. <br />1.29 “Eligible Holder” means any Mortgagee who has given written notice to the Association <br />specifying its name and the address of the Condominium subject to the Mortgage and requesting written <br />notice of any or all of the events to which such Eligible Holder is entitled to notice specified in this <br />Declaration. For so long as is required by FNMA’s legal requirements for project acceptance, all references <br />to “Eligible Holder” herein shall be deemed to include all guarantors of First Mortgages. <br />1.30 “Emergency” means any situation, condition or event which threatens substantial <br />imminent damage or injury to Person or property. <br />257