3000 41ST ST WHOLE SITE DOCUMENTS 2026-01-15

i 1.12 "Community -Wide Standards". Standards of conduct, maintenance or other activity generally prevailing throughout the Property. Such standards may be more specifically determined by the Board and the Architectural Control Committee. 1.13 "Declarant". "Declarant" shall mean and refer to Polygon WLH, LLC, its successors and assigns, or any person or entity to whom all of Declarant's rights reserved to the Declarant hereunder are assigned in accordance with .the provisions hereof. The Declarant's rights shall .only. be assigned by written, recorded instrument expressly assigning, those rights. So long as CDCG owns any Lot, any assignment of the Declarant's rights 'under this Declaration shall require the prior written consent of CDCG. Any purported assignment without such consent shall be deemed void and of no force and effect.' Notwithstanding the foregoing, in the event the Option Agreement is terminated prior to the purchase by, Polygon WLH from CDCG of all of the Lots as evidenced by the recording of a Notice of Termination of Option, CDCG shall, upon recordation of a Notice to Succeed to ` Declarant Rights, automatically become the Declarant under, this Declaration, in which event all references to "Declarant" shall thereafter mean and refer only to CDCG or its successors or assigns, and after which event Polygon WLH '(or its successors or assigns) shall no longer be the Declarant under this Declaration; provided, however, that CDCG shall not be liable to any Member or any other person for any act or omission of Declarant including, without limitation, Declarant's failure to pay any amounts owing or to be paid or reserved for hereunder or as may otherwise be required by statute or at law or to perform 'any act or obligation required to be performed by Declarant hereunder or as may otherwise be required by statute or at law, arising prior to the date CDCG succeeds to Declarant's rights hereunder, and CDCG shall assume the obligations under this Declaration only for matters and obligations arising or to be performed from and after the date CDCG succeeds. to Declarant's rights hereunder, and CDCG is hereby released and discharged from any and all obligations under this Declaration accruing prior to the date CDCG succeeds to Declarant's rights hereunder. 1.14 "Lot Any contiguous portion of the Property, whether improved, or unimproved, other than Common Area and property dedicated to the public, which may be independently owned, conveyed, developed and used as a detached residence for a single family. The term shall refer to the land, if any, which is part of the Lot as well as any improvements thereon. 1.15 "Member". A person entitled to membership in the Association. 1.16 "Mortgage". Any mortgage, deed of trust or similar instrument used for the purpose of encumbering the Property as security for the payment or satisfaction of an obligation. 1.17 "Mortgagee": The holder of a Mortgage. 3 DECLARATION OF SIMPSON F:\MBS\Polygon\Simpson Project\Dec CCRs cln4.docx 4/13/2015 Qjf) #214264.013