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~ ~ ~. <br />2.12 MORTGAGE: The term "Mortgaq~" shall mean any duly <br />recorded mortgage or deed o! trust encumbering a I;ot. <br />ss~ <br />2.13 MORTGAGEE: The term "Kortgagee" shall mean a Mortgagee <br />under a Mortgage as well as a beneficiary under a deed of trust. <br />2.14 QwxE$: The tern ."Owner" shall mesa the holder of record <br />fee title to a Lot, including Declarant as to each Lot owned by <br />Declarant. If more than one person owns a single Lot, the term <br />"owner" shall mean all owners of that Lot. The term "Owner" shall <br />also mean a contract purchaser (vendee}under an installment land <br />contract but shall exclude any person having an interest in a Lot <br />merely as security for performance of an obligation. <br />2.I5 PRQti7ECT: The term "Project" shall mean Lots 1 through <br />42, inclusive, as shown on the Map and all Improvements thereon. <br />2.16 RESIDENCE: The term "Residence" shall mean a dwelling <br />unit designed for human occupancy. <br />3.1 O~$$HiP OF LOTS: Title to each Lot in the. Project <br />shall be conveyed in fee to an Owner. If more than one person <br />and/or entity owns an undivided interest fn the same Lot, such <br />persons and/or entities shall constitute one Owner. Each Lot shall <br />be subject to the easements described in Section 3.2, below. <br />3.2 ~ s Each of the easements reserved or granted <br />herein shall be deemed to be established upon the recordation of <br />this Declaration, whether or not they are set forth. in the grant <br />deeds to Lots, and shall thenceforth be deemed to be covenants <br />running with the land for the use and benefit of the Owners and <br />their Lots superior to all other encumbrances applied against or <br />in favor of any portion of the Project. <br />3.2.1 Easements on MaD: The Lots are subject to the <br />easements and rights of way shown on the Map. <br />3.2.2 Driveway Easements: Lots 29 and 30 share a <br />common driveway (herein referred to as "Driveway Easement Area"}. <br />The Driveway Easement Area is shown on the Map as a portion of Lot <br />_, designated as " ".). The Owner o! Lot <br />shall have an easement over the Driveway Easement Area for <br />purposes of utilities, ingress, egress anti the construction and <br />maintenance of the driveway surface. The Owners of Lots 29 and 30 <br />shall contribute equally to the costs of repairing and maintaining <br />the driveway constructed on the Driveway Easement Area in a good, <br />safe and usable condition, in good repair, and in compliance with <br />alt applicable state, county and local ordinances. Natwithstandinq <br />the preceding sentence, any repair or maintenance work which is <br />3 09/08/88 <br />LITTLE ! SAPUTO <br />ATTORNEY) AT LA M' <br />N pUA1L COURT. SUITH 311 <br />WALNUT' CRRHK. CA 9~SOi <br />(113) 9~~•1000 <br />