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76 <br /> of the Property and the owners of the lots in Annandale at Creek Wood, all of whom shall be <br /> members of the Association. <br /> Section 2. "Common Area" shall mean all real property (including the improvements <br /> thereto) owned by the Association for the common use and enjoyment of the Owners, which <br /> shall include any real property, improvements thereon, and other amenities conveyed to the <br /> Association by the Developer. The Common Area to be owned by the Association is set forth in <br /> the plat of Annandale, as recorded in Plat Book at Page of the Orange County <br /> Registry and shall include but not be limited to the following: Primary Conservation Areas, <br /> Secondary Conservation Areas, Open Space, subdivision signage and associated landscape area. <br /> Section 3. "Declarant" shall be used interchangeably with "Developer", and shall mean <br /> and refer to Whitfield Lots, LLC or its successor in interest if such successor should acquire <br /> undeveloped property from the Declarant for the purpose of development. <br /> Section 4. "Declaration" shall mean this instrument as it may be from the time to time <br /> amended or supplemented. <br /> Section 5. "Architectural Committee" shall mean and refer to a committee of Owners <br /> appointed by the Board of Directors of the Association, which committee shall be responsible for <br /> the review and approval of all plans and specifications for the construction of dwellings and <br /> improvements on Lots. <br /> Section 6. "Lot" shall mean and refer to any of the numbered lots as shown on the plat of <br /> Annandale at Creek Wood, recorded in the Orange County Registry. Declarant hereby reserves <br /> the right to reconfigure, from time to time and without the consent of any other Owner or the <br /> Members of the Association, the boundaries of any Lot or Lots owned by Declarant or an <br /> affiliate of Declarant, as the case may be, and to thereby create additional Lots, eliminate <br /> existing Lots or create additional Common Areas; provided, however, in no event shall the <br /> Properties contain a greater number of Lots than the number from time to time permitted by the <br /> appropriate local governmental authority. If Declarant elects to exercise its right to revise the <br /> boundaries of one or more Lots owned by Declarant, Declarant shall record a revised plat of the <br /> affected Lot or Lots. Upon the recording by Declarant of such a revised plat, each lot shown on <br /> the previously recorded plat or plats, the boundaries of which are revised by the revised plat, <br /> shall cease to be a "Lot" as defined in this Declaration and each newly configured lot shown on <br /> the revised plat shall be a"Lot" as defined in this Declaration. <br /> Section 7. "Membership" shall mean and refer to the rights, privileges, benefits, duties, <br /> and obligations, which shall inure to the benefit of and burden each member of the Association. <br /> Section 8. "Member" shall mean and refer to every person or entity who has a <br /> membership in the Association. <br /> Section 9. "Mortgagee' shall mean a beneficiary under a mortgage or Deed of Trust. <br /> 737112.ARC.25437.T26258 2 <br />