Last Update 21 November 2012

Section 1.29. Mortgage. "Mortgage" shall mean an any mortgage or deed of trust or other conveyance of a Condominium or other portion of the Project to cure the performance of an obligation, which conveyance will be reconveyed upon the completion of such performance.

Section 1.30. Mortgagee, Mortgagor. "Mortgagee" shall mean a Person to whom a mortgage Is made and shall include the beneficiary of a Deed of Trust; "Mortgagor" shall mean a Person who mortgage his or its property to another (i.e., the maker of a Mortgage), and shall include the Trustor of a Deed of Trust. The term Trustor hall be synonymous with the term "Mortgagor" and the term "Beneficiary" shall be synonymous with the term "Mortgagee."

Section 1.31. Notice and Hearing. "Notice and Hearing" shall mean written notice and a public hearing before the Board, at which the Unit owner concerned shall have an opportunity to be heard in Person, or by counsel at the Unit Owner's expense, in the manner further provided in the By-Laws.

Section 1.32. Person. "Person" shall mean a natural individual, a corporation or any other entity with the legal right to hold title to real property .

Section 1.33. Phase 1. "Phase 1" shall mean all of the real property described in Paragraph A to the Preamble of this Declaration.

Section 1.34. Phase of Development. "Phase of Development" or "Phase" shall mean Phase 1 or any other portion of the Project or which a Final Subdivision Public Report has been issued by the California Department of Real Estate and for which a Notice of Addition of Territory has been Recorded pursuant to Article XV of this Declaration.

Section 1.35. Project. "Project" shall mean that portion of the subleasehold interest in the Property, together with the improvement thereon, which is divided into Condominiums in accordance with Section 1350 of the California Civil Code, including the Common Areas thereon and the Units therein. The team "Project", as used herein, may constitute more than one Project as defined in Section l350 of the California Civil Code.

Section 1.36. Property. "Property" shall mean all of the real property described in Paragraph A of the Preamble to this Declaration, together with any real property which may be annexed thereto, after such real property has been annexed in accordance with Article XV of this Declaration.

Section 1.37. Record, File, Recordation. "Record or "File" or "Recordation" shall mean, wit respect to any document, the recordation or filing of such document in the Office of the County Recorder of the County of Orange, State of California.

Section 1.38. Residence. "Residence" shall mean and include a Unit, intended for use by a single Family.

Section 1.39. Restrictions. "Restrictions" shall mean this Declaration and the Rules and Regulation from time to time in effect.

Section 1.40. Rules and Regulation. "Rules and Regulation" shall mean the rules and regulations adopted by the Board pursuant to the By-Laws, as such Rules and Regulation may be amended from time to time.

Section 1.41. Sublessor. "Sublessor" shall mean HARBOUR VISTA, a California limited partnership, their successors, and any Person to which they shall have assigned any of their rights hereunder by an express written assignment.

Section 1.42. Unit. "Unit" shall mean the element of a Condominium not owned in with the Owners of other Condominiums in the Project. Each of the Units shall be a separate sublessehold estate, separately shown, numbered and designated in the Condominium Plan. Each such Unit consists of a living area space or spaces bounded by a contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, and doors, together with a separately defined area of apace for a garage, as shown and assigned in the Condominium Plan. In interpreting deeds, declarations and plans, the existing physical boundaries of the Unit or a Unit constructed or reconstructed in substantial accordance with the Condominium Plan and the original plans thereof, if such plans are available, shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, Condominium Plan or Declaration, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries as shown on the Condominium Plan or defined in the deed and Declaration and the boundaries of a building as constructed or reconstructed.

Section 1.43. Unit Owner. "Unit Owner" or "Owner" shall mean the record owner, whether one or more Persons, of a Condominium, including Grantor with respect to each condominium owned by Grantor, and including sellers under executory contracts of sale, but excluding those Persons holding title or security for the performance of an obligation.

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