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FILC'"..,~ ~, RECORDED <br />FAYETTE COUNTY. G~,. <br /> <br />'93 JUL 9 PR 2 18 <br /> <br /> W.A. B~LLAR0 <br /> DECLARP~LI~(~$~%~~TCONDITIONS RESTRICTIONS AND EASEMENTS <br /> <br /> THIS DECLARATION. made this 23rd day of February 1993, by Hayes <br />OeveLopment, Corp a GeoYgia corporation (hereinafter O_v,lo~er ): <br /> <br />W I T N E S S E T H: <br /> <br /> WHEREAS, Oeve[omer is the owner of certain real property lying in <br />_and Lots 131 and 158 in the 7th district and being in the City of <br />:Dcht~-ee City, rayette County, Georgia, which rea~ property is more <br />'.:~.-~icular~y described as "Preston Chase Subdivision ": and <br /> <br /> WHEREAS. Develooer desires to provide for the preservation and <br />: nanc'ement ct the property 'values in Preston Chase Subdivision and for the <br />' .~ntenance of the property and improvements thereon, and to th~s end desires <br />.o sub~ect the rapt property described as "Preston Chase" to the covenants, <br />:ondit~ons, restrictions, easements, charges and liens hereinafter set forth, <br />~ach and all of which is and are for the benefit of said property and each <br />)whet %hereof: and <br /> <br /> NOW THEREFORE. Developer declares that the real property described in <br />:xhiblt "A" is and snail be held, transferred, sold, mortgaged, conveyed, <br />Leased oc:cupied and use subject to the covenants, conditions, restrictions, <br />~asements, charges and Liens hereinafter set forth. <br /> <br />ARTICLE I DEFINITIONS <br /> <br /> Section 1. "8}iG.h~..%.~.~.~g. EA.! ...~.O.D.t.TQ~~. C.9.~..~t~e" shall mean and refer <br />4AY_S DEVELOPMENT CORP. or such other individual (.s) or entity ties) as <br />',.eveLooer may apooLnt, until all lots ~n Preston Chase shall have been fully <br />!e',,,eioped and permanent improvements constructed thereon and sold to permanent <br />residents. <br /> <br /> Section 2 .-~.~:larati.oB. shall mean the covenants., conditions <br /> e.strict/ons .and easements and all other provisions herein set forth in this <br />~nti'r-e document, as may From time to time be amended. <br /> <br /> Section 3. "~.~.V~.~.9.R~.r." shall mean and refer to HAYES DEVELOPMENT <br />iORP., a Georgia corporation, or apy successor in title or any successor in <br />:nterest to HAYES DEVELOPMENT CORP. to all or any portion of the Property then <br />subject to this Declaration. provided that in the instrument of conveyance to <br />~ny such successor in title or interest, such successor in title is expressly <br />designated as the "Developer" hereunder by the grantor of such conveyance. <br />~nlch grantor' shall be the Developer hereunder at the time of such conveyance. <br /> <br /> Section 4. "LO~" shall mean and refer to all lots as shown upon <br />the Plat. <br /> <br /> Section 5. "~W.D~.E." shal! mean and refer to the record owner, <br />~hether one or more persons, of the fee simple title to any lot which is a <br />~art of the Property, but excluding those having such interest merely as <br />security for the performance of an obligation. <br /> <br />c¢..-~{,~q ~, "o¢~,~r,n" ~.hat t *~n ~nd r~fer to ¢ natural oerson, <br /> <br /> <br />