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1.18 "Open Space". A portion of the Common Area generally available for use <br />by Owners. <br />1.19 "Owner". One or more Persons who hold the record title to any Lot, <br />except persons holding an interest merely as security for the performance of an <br />obligation, in which case the equitable owner will be considered the Owner. Unless a <br />recorded contract of sale specifically provides otherwise, the purchaser (rather than the <br />fee owner) will be considered the Owner. <br />1.20 "Person". A natural person, corporation, partnership, trustee or any other <br />legal entity. <br />1.21 "Private Open Space Area". An open yard area containing at least 225 <br />square feet of area that is reserved for the exclusive use of a Lot Owner solely for <br />recreational purposes. A portion of each Lot's Private Space Open Area approximately <br />5 feet in width is located on an adjoining Lot. The location of each Lot's designated <br />Private Open Space Area is shown on Exhibit B attached hereto. <br />1.22 "Private Open Space Easement Area". The portion of the backyard or <br />side area of a Lot reserved by the exclusive use of an adjoining Lot as Private Open <br />Space. <br />1.23 "Property". The real property described in Exhibit A. <br />1.24 "Simpson". The development comprised of all property subjected to this <br />Declaration. <br />1.25 "Special Assessments". All Assessments levied under Section 9.4. <br />1.26 "Specific Assessments". All Assessments levied under Section 9.5. <br />1.27 "Tract". A portion of the Common Area shown in the Plat and designated <br />for a specific purpose, such as Open Space and Access and Utilities. <br />ARTICLE 2 <br />PROPERTY RIGHTS <br />2.1 Common Area. Every Owner shall have a right and nonexclusive <br />easement of use, access and enjoyment in and to the Common Area, subject to: <br />(a) this Declaration, any other applicable covenants, and the terms of <br />any deed conveying such property to the Association; <br />(b) the right of the Board to adopt rules regulating the use and enjoyment <br />of the Common Area, including rules limiting the number of guests; <br />4 <br />DECLARATION OF SIMPSON <br />F:\MBS\Polygon\Simpson Project\Dec CCRs cln4.docx 4/13/2015 Uq #214264.013 <br />