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DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS <br />FOR <br /> CYPRESS POINTE <br /> <br /> THIS DECLARATION is made on the date hereinafter set forth by <br />Hayes-Johnson Development, Inc., a Georgia corporation (hereinafter <br />sometimes called "Declarant"); ~ <br /> <br />W I T N E S S E T H: <br /> <br /> WHEREAS, Declarant is the owner of the real'property described <br />in Article II, Section 1, of this Declaration; and <br /> <br /> WHEREAS, Declarant desires to subject ~he real property <br />described in Article II, Section 1,. hereof to the provisions of <br />this Declaration to create a residential community of single-family <br />housing and to provide for the subjecting of other real property to <br />the provisions of this Deci~ration; <br /> <br /> NOW THEREFORE, Declarant hereby declares that the real <br />property described in Article It, Section t, of this Declaration, <br />including the improvements constructed or to be constructed <br />thereon, is hereby subjected to the provisions of this Declaration <br />and shall be held, sold, transferred, conveyed, used, occupied, and <br />mortgaged or otherwise encumbered subject to the covenants, <br />conditions, restrictions, easements, assessments, and liens, <br />hereinafter set forth, which are for the purpose of protecting the <br />value and desirability of, and which shall run with the title to, <br />the real property hereby or hereafter made subject hereto, and <br />shall be binding on all persons having any right, title, or <br />interest in all or any. portion of the real property now or <br />hereafter made subject hereto, their respecbive heirs, legal <br />representatives, successors, successors-inrtitle, and assigns and <br />shall inure to the benefit of each and ever~ owner of all or any <br />portion thereof. <br /> <br />A~TICLE I <br />Definitions <br /> <br /> Unless the context shall prohibit, certain words used in this <br />Declaration shall have the definitional meaning set forth in <br />Exhibit "A" attached hereto and by reference made a part hereof. <br /> <br /> ARTICLE II <br />Proper~y Subject To This Declaration <br /> <br /> Section 1. Property Hereby .Subjected To This Declaration. <br />The real property which is, by the recording of this Declaration,. <br />subject to the covenants and restrictions hereafter set forth and <br />which, by virtue of the recording of this Declaration, shall be <br />held, transferred, sold, conveyed, used, occupied, and mortgaged or <br />otherwise encumbered subject to this Declaration is the real <br />property described in Exhibit "B", attached hereto and by reference <br />made a part hereof. <br /> <br /> <br />