Eagle Landing Bylaws

ARTICLE I
"Definitions"

The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
1. "ARCHITECTURAL COMMITTEE" shall refer to the committee established pursuant to Article X herein.

2. "ASSOCIATION" shall refer to Eagle Landing Home Owner's Association, a Texas non-profit corporation, organized or to be organized for the purpose of carrying out the intents and purposes of this DECLARATION.

3. "BOARD" shall refer to the Board of Directors of the ASSOCIATION consisting of four (4) or more directors elected by majority vote of the members of the ASSOCIATION.

4. "COMMERCIAL AREAS" shall mean and refer to areas which DECLARANT may sell, lease or rent for commercial purposes. Said COMMERCIAL AREAS shall be established pursuant to and shall be subject to the limitations provided in Article IV hereof.

5. "COMMERCIAL OWNER" shall refer to the person or entity, who owns fee simple title to a
COMMERCIAL UNIT, or has entered into a written lease with DECLARANT for a COMMERCIAL UNIT. The term COMMERCIAL OWNER shall not include any person or entity having an interest in a COMMERCIAL UNIT merely as security for the performance of an obligation

6. "COMMERCIAL UNIT" shall mean and refer to a portion of the COMMERCIAL AREAS conveyed or leased by DECLARANT to a COMMERCIAL OWNER.

7. "COMMON AREAS" shall be areas conveyed or to be conveyed to the ASSOCIATION which are intended for the use of all of the OWNERS and shall include the following:

(a) A lake known as Eagle Landing situated on the PROPERTY consisting of 250 acres, more or less:
(b) The dam and spillway area for the LAKE;
(c) A beach area with parking;
(d) Boat launching areas and parking for said launching areas;
(e) An airstrip located on the PROPERTY;

DECLARANT may within a period of five (5) years from the date of this DECLARATION, create additional COMMON AREAS from portions of the RESIDENTIAL PROPERTY or the COMMERCIAL AREAS, for the use and enjoyment of OWNERS with said additional COMMON AREAS to be used for the purpose of boat ramps, parking, airplane runway and/or such other purposes as DECLARANT may deem advantageous for the further enjoyment and enhancement of the PROPERTY

8. "DECLARANT" shall mean Eagle Landing, Inc.. a Texas corporation, having its principal place of business in Hughes Springs, Cass County, Texas.

9. "DECLARATION" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions.

10. "LAKE" shall mean that lake known as Eagle Landing constituting a portion of the COMMON AREAS.

11. "LOT" shall mean and refer to any plot or tract of land shown as a numbered lot on any recorded subdivision plat of all or a portion of the PROPERTY

12. "OWNER" shall refer to the person or persons who own fee simple title to a UNIT; the term OWNER shall not include any person or entity having an interest in a UNIT merely as security for the performance of an obligation. The ASSOCIATION, under no circumstances, shall be deemed an OWNER pursuant hereto. The OWNER of UNITS purchased through the Veterans Land Board of the State of Texas program shall be the veteran-purchaser who executes the Contract of Sale and Purchase with the Texas Veterans Land Board.

13. "RESIDENTIAL PROPERTY" shall mean all of the PROPERTY except for "COMMON AREAS" and "COMMERCIAL AREAS".

14. 'UNIT" shall mean and refer to any LOT conveyed by DECLARANT to an OWNER: provided that, a UNIT may consist of more than one LOT if the OWNER of more than one LOT elects to treat all LOTS owned by him as one UNIT in accordance with the terms of Article IX hereof; provided, however, that the term UNIT shall not include a COMMERCIAL UNIT.

15. "PROPERTY" shall mean all of the 1588.599 acres of land described on Exhibit "A" attached hereto and incorporated herein and shall also include any property annexed pursuant to Article XIV HEREOF.

16. FORECLOSURE PURCHASER shall refer to any person or entity having acquired title to a UNIT at a foreclosure sale pursuant to the terms of an instrument creating the contractual lien upon such UNIT, or the Veterans Land Board pursuant to a forfeiture of a Contract of Sale and Purchase.

a. FORECLOSURE PURCHASER shall further refer to any person or entity who acquires title to a UNIT by virtue of a Warranty Deed in Lien of Foreclosure.

 

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