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DSCC-57520\2494968.2 3 September 17, 2021 1.20 Mortgage. A recorded mortgage or deed of trust against one or more Condominiums in the Development. 1.21 Mortgagee. A mortgagee under a Mortgage or a beneficiary under a deed of trust recorded against a Condominium in the Development. 1.22 Occupant(s). Any Person entitled to use and occupy a Condominium pursuant to an ownership right or any lease, license or other similar agreement with the Owner of the Condominium. 1.23 Owner. The owner or owners of the fee (perpetual) estate of a Condominium in the Development. 1.24 Permittee(s). All Owners and Occupants and their agents and invitees. 1.25 Person. Any natural person, partnership, trust, corporation, limited liability company, or other legal entity. 1.26 Unit. The element of a Condominium that is owned separately, consisting of a separate interest in space, the boundaries of which are described as the area designated “Unit” on the Condominium Plan followed by a number. The dimensions of the Unit are measured from the interior unfinished perimeter walls and ceilings, floor, windows, window frames, and perimeter doors and door frames, provided that the Unit includes the wall boards, sheet rock, paint on the interior surfaces, wallpaper, paneling, outlets, stain, tile, hardwood floors, carpet and other ceiling, floor or wall finishes. The Unit does not include the structural component of any load bearing wall, column or other structure member necessary for support or structural rigidity of any portion of the Common Area. The Unit includes all Improvements situated within its boundaries, including, but not limited to, interior walls (except interior load bearing walls), appliances, cabinets, interior doors, and all electrical, heating, plumbing and other utility fixtures. Any utility fixtures that are located partially within the Unit and partially in the Common Area, such as electrical outlets, and that exclusively serve the Unit are part of the Unit. Areas within a dropped ceiling, duct or utility chase within a Unit that traverses a Unit and that contain utilities that serve the other Condominium are Common Area and not part of the Unit. In interpreting deeds and plans, the existing physical boundaries of the Unit, where the boundaries of the Unit are contained within the building’s physical Improvements or a Unit reconstructed in substantial accordance with the original plan, shall be conclusively presumed to be its boundaries, rather than the description expressed in the Condominium Plan or any other recorded document, regardless of variances between boundaries shown on the Condominium Plan or in any other recorded document and those of the building and regardless of settling or lateral movement of the building. ARTICLE 2 Property Rights and Easements 2.1 Type of Development. This Development is a condominium project within the meaning of Civil Code section 6542 and consists of two (2) Condominiums. 2.2 Ownership Interests. Each Owner owns a fee (perpetual) estate in a Condominium consisting of a separate interest in a Unit as defined in Section 1.26 and an undivided equal interest in common in the Common Area described in Section 1.8. Each Owner is a Member of the Association. The Unit and the Common Area appurtenant thereto may not be separated. Any transfer of a Unit automatically shall transfer the Common Area appurtenant thereto regardless of whether the instrument of transfer describes the Common Area. Any conveyance, encumbrance, judicial sale, or other transfer (voluntary or involuntary) of an interest in the Common Area shall be void unless the Unit appurtenant thereto is also transferred.