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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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