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DECLARATION OF
COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR PEPPER HILLS
ARTICLE XII. ANNEXATION
- 12.1
- Procedure: Additional
land maybe annexed by Declarant in Declarant's sole discretion
without the consent of Members at any time within twenty (20)
years of the date of this instrument. Thereafter upon approval of
majority vote of the Members, provided that if any homes are to be
financed by HUD/VA, the annexation of additional parcels shall also
require approval by HUD/VA. Amendment of the Declaration to include
such Additional Property, and to subject such Additional Property
to the rights, privileges, restrictions, covenants and easements
herein provided shall be made by the execution and recordation by
Declarant of a Supplemental Declaration, which shall describe the
Additional Property being annexed and any supplemental covenants,
conditions and restriction applicable thereto, and shall describe
the Common Area and Common Facilities thereof. The Supplemental
Declaration may expressly modify the terms and conditions of this
Declaration as they apply to such Additional Property. However,
except for such express modifications, upon the recordation of the
Supplemental Declaration, the Additional Property described therein
shall be subject to the terms and provisions of this Declaration as
though included originally in the Declaration and the definitions of
Property, Common Area and Common Facilities shall automatically be
amended to conform to such supplement or supplements, as shall all
the other definitions herein, including the definitions of Lot and
owner. All Owners of Lots located within the expanded Project shall be
subject to all easements, restrictions, and reservations set forth in
this Declaration and shall have the privileges of use of Common Area
and Common Facilities, except as otherwise provided herein and subject
to the restrictions, reservations and modifications set forth in the
Declaration as amended and supplemented from time to time.
- 12.2
- Designation of Common Areas: Any Common Area and Common Facilities designated by Declarant as
such on the plat of the newly annexed additional Property or in the
Supplemental Declaration applicable thereto, or which may be acquired
by or conveyed to the Association by Declarant, shall be subject to the
same easements and other rights for the use and enjoyment of the Owners
as for the other owners of Lots subject to this Declaration.
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