DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR ANTARES

THIS DECLARATION is made by DMM Development Co., LLC, a California limited liability company ("Declarant").

P R E A M B L E:

A. Declarant is the owner of real property ("Phase 1") located in the City and County of San Diego, State of California, described as follows:

Parcels No. 2 and 8, as shown on Parcel Map No. 17924 Recorded on October 24, 1997, as Instrument No. 1997-0534856, of Official Records of San Diego County, California; and a nonexclusive easement of access, ingress, egress, maintenance and repair over the portion of Parcel 10 of said Parcel Map shown on Exhibit "D" attached hereto.

B. It is the desire and intention of Declarant to create a "condominium project," as defined in Section 1351(£) of the California Civil Code, to subdivide the Property as authorized by Section 66427 of the California Government Code into "condominiums" as defined in Section 783 of the California Civil Code, and to impose mutually beneficial restrictions under a general plan of improvement for the benefit of all the condominiums created pursuant to the Davis-Stirling Common Interest Development Act.

C. Declarant hereby declares that the Property is to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the limitations, restrictions, reservations, rights, easements, conditions and covenants contained in this Declaration, all of which are declared and agreed to be in furtherance of a plan for the subdivision, maintenance, improvement and sale of the Property for the purpose of enhancing the value, desirability and attractiveness of the Property. All provisions of this Declaration, including without limitation the easements, uses, obligations, covenants, conditions and restrictions hereof, are hereby imposed as equitable servitudes upon the Property. All of the limitations, restrictions, reservations, rights; easements, conditions and covenants he.rein shall run with and burden the Property and shall be binding on and for the benefit of all of the Property and all Persons having or acquiring any interest in the Property or any part thereof, and their successive owners and assigns. The development plan of the Property shall be consistent with the overall development plan, if any, submitted to VA and FHA.

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