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Declaration of Covenants draft DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY PLACE THIS DECLAIL¥I'ION is made this day of 1997. THE RYLAND GROUP. INC.. a Maryland corporation (hereinafter referred to as "Declarant"). WITNESSETH: \VHEREAS. Declarant is the owner of the real property referred to in Article II hereof, and described on Exhibit "A" attached hereto and made a part hereof for all purposes and desires to create thereon a residential community: and \VHEREAS. Declarant desires to provide for. among other matters, the preservation of the values in said conm~unitv: m~d. to this end. desires to subject the real property referred to in Article II to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof: NOkV. THEREFORE. Declarant declares that the real property referred to in Article II. is and shall be held. transferred, sold. conveyed and occupied subject to the covenants, conditions. restrictions, easements, charges and liens (son~etimes referred to as "Covenants and Restrictions") hereinafter set tbrth. ARTICLE I DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the context shall otherwise prohibit) shall have the following meanings: (a) "Property" shall mean and refer to all such existing property as is subject to this Declaration as described on Exhibit "A" attached hereto. (b) "Lot" shall mean and refer to any plot or tract of land shown upon any recorded subdMsion map(s) or platls) of the Properties. as amended from time to time. which is designated as a lot therein and which is or will be improved, with a residential dxvelling. Some portions of the Common Properties may be platted as a "lot" on the recorded subdMsion plat (such as the private streets within the subdivision), however, these lots shall be excluded from the concept and definition of lot as used herein. (c) "Oxx~er" shall mean and refer to eyeD' person or entity who is a record oxx~er of a fee or undivided fee interest in any kot which is subject by covenant of record to assessment by the Association. including contract sellers. The foregoing is not intended to