|
202002679
<br />a Recorded instrument. A person or entity shall be deemed to be a "successor and assign" of
<br />Declarant if such person or entity is specifically so designated in a duly -recorded instrument and
<br />only as to the particular rights or interests of Declarant under this Declaration that are specifically
<br />designated in the Recorded instrument. A successor or assign of Declarant shall have the right to
<br />assign to another person or entity all or any portion of the rights or interests assigned to it in
<br />accordance with the foregoing by means of a duly -recorded instrument specifying the rights and
<br />interests so assigned, except to the extent that the assignment from Declarant prohibits or limits
<br />such right.
<br />1.19 "Declarant Control Period" means the period commencing upon the Recording of this
<br />Declaration and ending on the date that the Class B membership in the Association terminates
<br />pursuant to Section 7.13.
<br />1.20 "Declaration" means this Declaration of Covenants, Conditions, Restrictions, and Design
<br />Guidelines for Copper Creek Rodney Leon Subdivision.
<br />1.21 "Design Guidelines" means the procedures, standards, and guidelines adopted by the
<br />Design Review Committee pursuant to Article 3, as amended or supplemented from time to time.
<br />1.22 "Design Review Committee" means the committee created pursuant to Article 3.
<br />1.23 "Designated Builder" means any Builder that is designated by the Declarant as a
<br />"Designated Builder" in a Supplemental Declaration or in a written notice given by the Declarant
<br />to the Association.
<br />1.24 "Enforcement Assessment" means an assessment levied pursuant to Section 8.5.
<br />1.25 "First Mortgage" means any mortgage or deed of trust on a Lot which has priority over
<br />all other mortgages and deeds of trust on the same Lot.
<br />1.26 "First Mortgagee" means the holder or beneficiary of any First Mortgage.
<br />1.27 "Improved Lot" means a Lot on which a completed Residence is situated. For purposes
<br />of this Declaration, a Residence shall be deemed completed when a Certificate of Occupancy or
<br />similar permit has been issued for the Residence by the City of Grand Island.
<br />1.28 "Improvement" means: (a) any Residence, building, fence, or wall; (b) any swimming
<br />pool, tennis court, playground equipment, or basketball goal, backboard, or apparatus; (c) any road,
<br />driveway, or parking area; (d) any trees, plants, shrubs, grass, or other landscaping improvements
<br />of any type and kind; (e) any statuary, fountain, artistic work, craft work, figurine, or
<br />ornamentation of any type or kind; and (f) any other structure of any type, kind, or nature.
<br />Improvement does not include any repair or replacement of any then -existing improvement that
<br />does not materially alter its exterior appearance.
<br />1.29 "Initial Covered Property" means the real property, together with all Improvements
<br />located thereon, described herein.
<br />1.30 "Lot" means a parcel of land within the Project designated as a "lot" on the Plat, whether
<br />improved or unimproved, intended for independent ownership and use, and any Residence,
<br />building, structure, or other Improvement situated thereon.
<br />1.31 "Maintenance" means care, inspection, maintenance, operation, repair, repainting,
<br />remodeling, restoration, improvement, renovation, alteration, replacement, and reconstruction.
<br />1.32 "Maintenance Standard" means the standard of Maintenance of Improvements situated
<br />on Lots established from time to time by Board or, in the absence of any standard established by
<br />the Board, the standard of Maintenance of Improvements situated on Lots generally prevailing
<br />throughout the Project.
<br />1.33 "Member" means any Person who is a member of the Association as provided in Section
<br />7.12.
<br />1.34 "Owner" means the record owner, whether one or more Persons, of beneficial or equitable
<br />title (and legal title if the same has merged with the beneficial or equitable title) to the fee simple
<br />Page 9 of 52
<br />
|