DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 5
ARTICLE I (cont.)
1.20. Common Property.
Common Property means the Common Area, Association Maintenance Areas and the Association Property.
1.21. Condominium.
Condominium means an estate in real property as defined in California Civil Code Section 1351(f). A Condominium consists of an undivided fee simple ownership interest in the Common Area in a Phase, together with a separate ownership interest in fee in a Unit and all easements appurtenant thereto. Subject to the provisions of Section 11.5 hereof, the undivided fee simple interest in the Common Area in a Phase is appurtenant to each Unit in such Phase and shall be held by the Owners of Condominiums in that Phase as tenants in common.
1.22. Condominium Plan.
Condominium Plan means the Recorded plan, as amended, for all or a portion of a Phase consisting of (a) a description or survey map of the Phase or portion thereof, which shall refer to or show monumentation on the ground, (b) a three-dimensional description of the Phase or portion thereof, one or more dimensions of which may extend for an indefinite distance upwards or downwards in sufficient detail to identify the Association Property, Common Area and each Unit, and (c) a certificate consenting to the Recordation thereof signed and acknowledged by the record owner of fee title to the Phase or portion thereof, and by either the trustee or the Beneficiary of each Recorded Deed of Trust, and the Mortgagee of each recorded Mortgage encumbering the Phase or portion thereof.
1.23. County.
County means the County of San Diego in the State of California, and its various departments, divisions, employees and representatives.
1.24. Declarant.
Declarant means DMM Development Co., LLC,a California limited liability company, its successors, and any Person to which it shall have assigned any of its rights hereunder by an express written assignment. As used in this Section, "successor" means a Person who acquires Declarant or substantially all of its assets, or who merges with Declarant, by sale, merger, reverse merger, consolidation, sale of stock or assets, operation of law or otherwise.
1.25. Declaration.
Declaration means this instrument as amended or restated from time to time.
l .26. Deed of Trust.
Deed of Trust means a Mortgage as defined herein.