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![]() 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Wyndham Park Declaration Page 2 11. “Lot Owner” and “Lot Owners” mean that person or those persons owning a fee-simple interest in a Lot or Lots, each of whom is also a “member” of the Association. The owner or owners of each portion of a Twin-Single Lot shall be considered Lot Owners. 12. “Occupant” means a person lawfully residing on a Lot, regardless of whether that person is a Lot owner. 13. “Person” means a natural individual, corporation, partnership, trustee, or other legal entity capable of holding title to real property. 14. “Subdivision” means the portion of Wyndham Park Subdivision which portions have been submitted by the Declarant to the jurisdiction of these restrictions, initially being the Lots described herein. 15. “Trustee” and “Trustees” mean that person or those persons serving, at the time pertinent, as a trustee or trustees of the Association. 16. “Turnover Date” the date selected by the Declarant, in its sole discretion but no later than the date required pursuant to Article VII. 2 a. 4), below, for the Declarant to relinquish control over the selection of the Association's Trustees. 17. “Twin-Single Lots” means Lots 1 through 35 inclusive. DECLARATION OF COVENANTS, EASEMENTS, RESTRICTIONS AND ASSESSMENT OF LIEN The Declarant hereby declares that the following described property shall be held, sold, conveyed and occupied subject to the following covenants, easements and restrictions, and lien for assessments, which are for the purpose of protecting the values and desirability of, and which shall run with, the land and each part thereof, and be binding on all parties having any right, title or interest in the land, and each part thereof, and their respective heirs, successors and assigns, and shall inure to the benefit of and be enforceable by the Declarant, each Lot owner, the respective heirs, successors and assigns of the Declarant and each Lot Owner and the Association. Situated in the State of Ohio, County of Delaware, City of Westerville and further described as Lots 1 through 35 inclusive of Wyndham Park Subdivision. The provisions of this Declaration of Covenants, Easements, Restrictions and Assessment Lien, as from time to time amended, shall be considered to be a part of, and incorporated within, each deed hereinafter conveying the Lots, or any portion thereof. ARTICLE I. PURPOSES; RESTRICTIONS Section 1. Purposes. This Declaration is being made to establish covenants, easements, and restrictions for the Subdivision, to provide for an Association for the ownership and operation of the Common Areas owned by the Association; to provide for and promote the benefit, enjoyment and well being of Lot Owners and Occupants; to administer and enforce the covenants, easements, charges and restrictions hereinafter set forth; and to raise funds through assessments to accomplish these purposes. Section 2. Restrictions. The Lots shall be subject to the following restrictions: (a) Lot Uses. No Lot may be subdivided without the prior written consent of the Declarant, except that Twin-Single Lots may be divided down the center of the party wall separating the
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