Declarations of Covenants, Conditions, and Restrictions

SECTION I

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

FOR

WHITTIER COMMUNITY ASSOCIATION, INC.

 

 

 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WHITTIER COMMUNITY ASSOCIATION, INC.

Table of Contents

Article I	Definitions
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20.	Association Common Area Common Expenses Community Assessment Community standard Declarant Eligible Mortgage Holder Lot Member Mortgage Mortgagee Mortgagor Neighborhood Neighborhood Committee Neighborhood Assessments Owner Person Property or Properties Residential Unit Supplementary Declaration
Article II	Property Rights
Section 1. Section 2. Section 3. Section 4.	Owner's Easements of Enjoyment Walkway Easements Implied utility Easements Limitations 6 Section 5. Delegation of Use
Article III	Membership and Voting Rights
Section 1. Section 2.	Membership Voting Rights (a) Class "A" (b) Class "B"
Article IV	Assessments
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12.	Creation of Assessments and Personal Obligation of Owners (a) Residential units Purpose of Assessments Creation of Lien for Easements Types of Assessments (a) Community Assessments (b) Neighborhood Assessments Maximum Community and Neighborhood Annual Assessments Special Assessments for Capital Improvements and Expenditures Notice and Quorum for any Action Authorized Under Sections 5 and 6 Uniform Rate of Assessment Date of Commencement of Annual Assessments: Due Dates Effect of Non-Payment of Assessments: Remedies of Assoc. Subordination of the Lien to Mortgages Reserves for Replacements
Article V	Maintenance
Section 1. Section 2. Section 3. Section 4.	Association's Responsibility Owner's Responsibility Remedial Work by Association Creation of Lien
Article VI	Rights and Obligations of the Association
Section 1. Section 2. Section 3.	Area of Common Responsibility Personal Property and Real ~ Property for Common Use Implied Rights
Article VII	Insurance and Casualty Losses
Section 1. Section 2.	Insurance (a) Property Insurance (b) Comprehensive General Liability Policy (c) Blanket Fidelity Bonds (d) Worker’s Compensation Insurance Damage or Destruction
Article VIII	Annexation of Additional Property
Section 1. Section 2. Section 3. Section 4.	Annexation Without Approval of Class "A" Membership Annexation with Approval of Class "A" Membership Acquisition of Additional Common Areas Amendment
Article IX	Architectural Control
Section 1. Section 2. Section 3. Section 4. Section 5.	General Authority section Construction or Completion of Work Rules and Regulations Committee Members and Failure to Act
Article X	Use Restrictions
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19.	Permitted Uses Signage No Interference with Quiet Enjoyment Prohibited structures and V ehicles Animals Trash Removal Antennae, Garages, Clothes Lines and Fences Tree Removal Vegetable Gardens Minimum Living Area Prohibited Dwellings structures and Equipment Subdivision Obstruction Exterior Installation Interference with Easements Vacant Lots Rules and Regulations Lease Agreements Exemptions
Article XI	Reserved Rights and Easements
Article XII	Board of Directors
Section 1. Section 2. Section 3.	Selection and Number Powers Duties
Article XIII	Neighborhood Committee
Section 1. Section 2. Section 3.	Composition of Neighborhood Committee Role of Neighborhood Committee Mediation of Disputes
Article XIV	Party Walls
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6.	General Rules of Law to Apply Sharing of Repair and Maintenance and Destruction byFire or other Casualty Repairs of Damage Caused by One Owner Other Changes Right to contribution Runs with Land Dispute
Article XV	No Partition
Article XVI	Condemnation
Section 1. Section 2.	Notice of Condemnation Disbursement of Condemnation Proceeds
Article XVII	Management
Section 1. Section 2. Section 3.	Management Agent Duration of Management Agreement Limitation of Liability
Article XVIII	FHA/VA Approvals
Article XIX	Declarant's Rights
Article XX	General Provisions
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9.	Term Amendments Indemnification Enforcement Severability Required Changes Taxes and Assessments Captions and Gender Counterparts

 

 

                                    This Declaration of Covenants, Conditions and Restrictions (Declaration) is made this 22^nd day of December, 1989, by Ausherman Development Corporation, a Maryland Corporation (hereinafter referred to as “Declarant”). 

WITNESSETH:

WHEREAS, Declarant is the Owner of certain real property described in Exhibit “A” attached hereto and incorporated herein by reference, and

WHEREAS, Declarant intends by this Declaration to impose upon the Properties described hereinafter covenants, conditions, restrictions, and easements under a general plan of improvement for the benefit of all Owners of residential property within the Properties and to establish a method for the administration, maintenance, preservation, use and enjoyment of such Properties.

NOW,  THEREFORE, Declarant hereby declares that all of the Properties shall be held, sold and conveyed subject to the following covenants, conditions, restrictions, and easements which are for the purpose of protecting the value and desirability of, and which shall run with, the real property subjected to this Declaration and which shall be binding on all parties having any right, title, or interest in the Properties or any part thereof, their heirs, successors, successors in title, and assigns, and shall inure to the benefit of each Owner thereof.

ARTICLE I

DEFINITIONS

Section 1. “Association” shall mean and refer to Whittier Community Association, Inc., a Maryland non-profit, non-stock corporation, and its successors and assigns. 

Section 2. “Common Area” shall mean all real and personal property thereon now or hereafter owned or leased by that Association or otherwise held for the common use and enjoyment of the Owners.

Section 3. “Common Expenses” shall mean and include the actual and estimated expenses incurred by the Association in connection with the use, maintenance, and operation of the Common Area and Corporation of the Association, whether for the benefit of all members or due to enhanced services provided to a specific Neighborhood. Common Expenses shall include amounts necessary to establish and maintain any reserve fund determined to be necessary and appropriate by the Board of Directors.

Section 4. “Community Assessment” shall mean those assessments that are levied equally against all Lots and Residential Units within the properties to cover the basic expenses for services and facilities that benefit all Members and all Lots and Residential Units.

Section 5. “Community Standard” shall mean the standard of maintenance, condition, repair, appearance, cleanliness, or other activity generally prevailing on the common Area. Such Standard may be specifically determined and set forth in Rules, Regulations and policies adopted by the Board of Directors.

Section 6. “Declarant” shall mean and refer to Ausherman Development corporation, a Maryland corporation, and its successors and assigns to whom any or all of the special rights, reservations, easements, interests, exemptions, privileges, and powers of the Declarant are specifically' assigned or transferred in writing.

Section 7. “Eligible Mortgage Holder” shall mean a holder of a first mortgage on a unit who has requested notice from the Association of amendments to the Association documents or other significant matters which would affect the interests of the mortgagee.

Section 8. “Lot” shall mean and refer to any plot of land (with the exception of the Common Area" regardless of the size, shown upon any recorded subdivision plat of the Properties, on which is intended to be constructed a residential dwelling unit; provided, however, that Lot shall not include any parcel of land on which is located a condominium unit or an apartment unit, both of which hereinafter will be known as a residential unit.

Section 9. “Member” shall mean and refer to a person or entity entitled to membership in the Association, as provided herein.

Section  10. “Mortgage” shall mean any recorded instrument, including a deed of trust, encumbering a Lot or Residential Unit which is intended to secure the performance of an obligation.

Section  11. “Mortgagee” shall mean the holder of any recorded mortgage, or the party secured or beneficiary of any recorded deed. of trust, encumbering one or more of the Lots or Residential Units and shall also include a beneficiary, holder or party secured  by a first deed of trust.

Section  12. “Mortgagor” shall include the trustee of a deed of trust as well as a mortgagor.

Section  13. “Neighborhood” shall mean and refer to each separately developed and denominated residential area comprised of one  (1) or more housing types, subject to this Declaration in which Owners may have common interests other than those common to all Association members, such as common theme, entry feature, development name, and/or common areas and facilities that are not intended for the primary benefit to all Association members. Each parcel of land described in Exhibit “A” attached hereto containing Lots shall  be designated a Neighborhood or made part of a Neighborhood when it is made subject to the provisions of this Declaration except the Residential Units shall not be included within a Neighborhood. The Declarant shall initially establish the number and boundaries of Neighborhoods. Following the lapse of the Class B memberships, the Board of Directors shall establish and be the final arbiter of the number and boundaries of Neighborhoods.

Section 14. “Neighborhood Committee” shall refer to the committee established in each Neighborhood whose responsibility it is to recommend adoption of rules and regulations, mediate neighborhood disputes, and recommend enforcement of rules and regulations concerning the use of those Common Areas and facilities located within the Neighborhood which are not generally used by all Association members including, but not limited to, parking regulations; the submission of maintenance requests to the Association; the preparation and submission of budget recommendations concerning -Neighborhood Assessments,- the submission of material for incorporation into the Association newsletter, if any, and the performance of any other such related activities in its role as liaison between the Neighborhood residents and Association as are not specifically reserved to the Association.

Section 15. “Neighborhood Assessments” shall mean those assessments levied equally against all Lots in a Neighborhood benefitting from the services supported thereby which are levied in addition to the Community Assessments. The Neighborhood Assessments shall be used for the purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the Lots against which the specific Neighborhood Assessment is levied and of maintaining those Common Areas and facilities located in the Neighborhood not intended for the primary benefit of all Members of the Association. The Neighborhood Assessment may be set at any amount sufficient to maintain the Common Area at a higher standard than the established Community Standard- if the Neighborhood Association recommends an increase to the Association and the Association approves the increase in the assessment.

Section 16. “Owner” shall mean and refer to one or more persona or entities who hold the record title to any Lot or Residential Unit but shall not include any party holding an interest merely as security for the performance of an obligation.

Section 17. “Person” means a natural person, a corporation, a partnership, trustee, or other legal entity.

Section 18. “Property” or “Properties” shall mean and refer to the real property described in Exhibit “A” attached hereto and shall further refer to such additional property such as that described in Exhibit “A” attached hereto when and if they are annexed pursuant to the filing of a Supplementary Declaration. 

Section 19. “Residential Unit” shall mean and refer to a dwelling unit contained in a horizontal property regime (condominium) or rental apartment units on a part of the Property which is subject to this Declaration.

Section 20. “Supplementary Declaration” shall mean and refer to a supplement to this Declaration which, in accordance with Article VIII of this Declaration, adds additional real property to the real property encumbered by this Declaration. Such Supplementary Declaration may, but is not required to, impose, expressly or by reference, additional restriction. and obligation. on the land subjected by that Supplementary Declaration to the provisions of this Declaration.

ARTICLE II

PROPERTY RIGHTS

Section 1. “Owner's Easements of Enjoyment.”  Every Owner shall have a non-exclusive right and easement of enjoyment, in common with others, in and to the Common Area, including an easement for the use and enjoyment of any private streets, parking lots, and walkways within the Common Area, which shall be appurtenant to and shall pass with the title to every Lot and Residential Unit Subject to the following provisions:

                        (a) the right of the Association to charge reasonable and uniform admission and other fees for the use of any recreational facility situated upon the Common Area;

                        (b) the right of the Association to suspend the voting rights by a member for any period during which any assessment against his Lot or Residential Unit remains unpaid;

                        (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes as are consistent with the purpose of this Declaration and subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be effective unless two-thirds (2/3) of each class of the then Members consent to such dedication or transfer, at any special meeting of the Members duly called for such purpose; provided, that any such dedication or transfer shall also be subject to the limitations provided for in Article XI, and Article XX of this Declaration.

                        (d) the right of the Association to establish uniform rules and regulations pertaining to the use of the Common Area and the right of the Association to suspend the right to use of the facilities situated on Common Area for a period not to exceed thirty (30) days for each and any infraction of any rules and regulations;

                        (e) the right of the Association to provide for the exclusive use by certain Members of designated parking spaces provide for the exclusive use by certain Members of designated parking spaces within the Common Areas.  

                         (f) the right of the Association, the Declarant, utility companies, cable companies, and other Owners with respect to the easements established in Article XX hereof;

                        (g) the right of the Association in accordance with it. Articles of Incorporation and By-Laws, and with two-thirds (2/3) consent of each class of the Members, voting separately, to borrow money for the purpose of improving the Common Area in a manner designed to promote the enjoyment and welfare of the Members and in aid thereof to mortgage any of the Common Area;

                        (h) the right of the Association to take such steps as are routinely necessary to protect the Common Area against mortgage default and foreclosures, provided, however, that such steps are in conformity with the other provisions of this Declaration;

                         (i) the right of the Association, acting by and through it. Board, to grant easements, licenses, or other rights of use of the Common Area to persons or entities who are not Members for such consideration and on such terms and conditions as the Board of Directors may from time to time consider appropriate, provided, however, that no such easements, licenses, or other rights of use of the Common Area shall be unreasonably and permanently inconsistent with the rights of Members to the use and enjoyment of the Common Area, and;

                        (j) the right of the Association to assign maintenance obligations of Common Area to Frederick City if the City agrees to accept such maintenance obligation.

Section 2. Walkway Easements. Every Owner shall also have a nonexclusive right and easement of enjoyment, in common with other., to use and enjoyment of walkways intended for common use but located on property within the Properties which is in private Ownership, if any.

Section 3. Implied Utility Easements. The rights and duties with respect to sanitary sewer and water, cable television, electricity, gas and telephone lines, and other utilities shall be governed by the following;

                        (a) Whenever water, sanitary sewer, electric, gas, cable television or telephone connections, lines, cables, or any Portion thereof, are or have been installed within the Property, the Owner of any Lot, or the Association, may have the right, and is hereby granted an easement to the extent necessary therefore to enter upon or have the utility company enter upon any portion of the Property in which said installations lie, to repair, replace, and generally maintain said installations.

                        (b) The right granted in subparagraph (a) above shall be only to the extent necessary to entitle the Owner or Association serviced by said installation to its full and responsible use and enjoyment, and provided further that anyone exercising said right shall be responsible for restoring the surface of the easement area so used to its condition prior to such use.

Section 4. Limitations. Any other provision of this Declaration  to the contrary notwithstanding, the Association shall have no right to suspend the right of any Owner to use the Common Area for necessary, ordinary, and reasonable pedestrian ingress and egress to and from his Lot or to suspend any easement over the Common Area for storm water drainage, electrical energy, water, sanitary, sewer, natural  gas, CATV or similar service, telephone service, or similar utilities and services to the Lot.

Section 5. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws and adopted rules and regulations, his right of enjoyment to the Common Area, and to walkways intended for common  use but located on privately owned property, to the members of his family, his tenants  invitees, or contract purchasers.

ARTICLE III

MEMBERSHIP AND  VOTING RIGHTS

 

 Section 1. Membership.

(a) Every Owner shall be deemed to have membership in the Association. No Owner, whether one or more persons, shall have more than one membership per Lot or Residential Unit owned. In the event the Owner of a Lot or Residential Unit 18 more than one person or entity, the right to vote and the rights of use and enjoyment shall be as provided herein;

(b) There shall be two forms of membership. Class “A” Members shall be all Owners with the exception of the Class “A”  Members, if any. Class “A”  Members shall be the Declarant and any successor of the Declarant who acquires title to two or more Lots for the purpose of development and sale and who is designated as a successor of the Declarant in a written instrument executed by Declarant.

Section 2. Voting Rights.

                        (a) Class “A”. Class “A” Members shall be entitled  on all issues to one (1) vote for each Lot or Residential Unit in which they hold the interest required for membership by Section 1 hereof. There shall be only one (1) vote per Lot or Residential. Unit~  When more than one person or entity holds such interest in any Lot or Residential Unit, the vote for such Lot or Residential Unit shall be exercised as those persons or entities themselves determine and advise the Secretary of the Association prior to any meeting. In the absence of such advice, the vote of such Lot or Residential Unit shall be suspended in the event more than one person or entity seeks to exercise it.

                        (i) Any Owner of a Lot or Residential Unit which is leased may, in the lease or other written instrument, assign the voting right appurtenant to that Lot or Residential Unit to the lessee, provided 6   that a copy of such lease or other written instrument is furnished to the Secretary prior to any meeting.

                        (b) Class “B”. The Class.  “B” Member shall be entitled to three (3) votes for each Lot or Residential Unit owned, or each Lot or Residential Unit planned as shown on the PND plan for the development of the Property as approved by the city of Frederick that has not already been conveyed to an initial purchaser. The Class “B” membership shall cease and be converted to a Class “A” membership on the happening of the earlier of the following events;

 (i) when the total authorized and outstanding votes of the Class 'A' Members equal the total authorized and outstanding votes of the class “B” Members or;

 (ii) twenty (20) years from the date of recordation of this Declaration, provided, however, that if the Declarant is delayed in the improvement and development of the Property on account of a sewer, water, or building permit moratorium or any other cause or event beyond the Declarant's control, then, the aforesaid twenty (20) year period shall be extended by a period of time equal to the length of the delays or two (2) years, whichever is 1ess; or

(iii) upon the surrender of said Class “B” membership by the then-holders thereof for cancellation on the books of the Association.

Upon the lapse or surrender of the Class “B” memberships as provided for in this Article, the Declarant shall thereafter become a Class “A” Member of the Association as to each and every Lot or Residential Unit in which the Declarant then holds the interest otherwise required for such Class “A” membership.

ARTICLE IV

ASSESSMENTS

 

 Section 1. Creation of Assessments and Personal Obligation of Owners. The Declarant, for each Lot or Residential Unit owned within the Property, hereby covenants, and each Owner of any Lot or Residential Unit by acceptance of a deed therefor, (including an Owner of a parcel of land improved with apartment unit, herein called “Residential Unit”), whether or not it shall be so expressed in such deed, is deemed to covenant and Agree to pay the Association assessments which are described and are applicable as follows: (1) a Community Assessment, which shall include: (i) annual assessments or charges, and (ii) special assessments, and (2) a Neighborhood Assessment (where applicable) which shall include; (i) annual assessments or charges, and (ii) special assessments, such assessments to be established and collected as hereinafter provided, except that there will be no neighborhood assessment levied against a Residential Unit.

(a) Residential Units. Residential Units within a condominium regime shall be subject to the Community Assessment only as well as all assessments levied by the established condominium regime. Residential Units within a rental apartment complex shall be subject only to the Community Assessment.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Property and for the improvement and maintenance of the Common Area, including any storm water management facilities, the payment of real estate taxes and assessments, utility services for the Common Area, and management fees, administration expenses, and all 'other costs and expenses incurred by the Association in the proper conduct of its activities, including without limitation, charges accruing under any cross-easement or reciprocal easement agreements.

Section 3. Creation of Lien for Easements. The Community Assessment, and Neighborhood Assessment, where applicable, together with interest, costs, and reasonable attorneys' fees, shall be a charge on a Lot, a condominium unit or the parcel on which is located an apartment unit, and shall be a continuing lien upon the property against which each such assessment is made; provided, however, that the provisions of the Maryland Contract Lien Act (Section 14-201, et seq., Real Property Article, Maryland Annotated Code) shall, if applicable, govern the establishment and enforcement of said lien. Each such attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessments fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

Section 4. Types of Assessments.

(a) Community Assessments. Each Owner of a Lot or Residential Unit is deemed to covenant and agree to pay the Community Assessment which shall be levied uniformly among all the Lots and Residential Units within the Association and shall be for those basic expenses determined by the Board of Directors to be for the benefit of all Lots or Residential Units.

(b) Neighborhood Assessments. In addition, each Owner of a Lot is deemed to covenant and agree to pay the Neighborhood Assessment which shall be allocated uniformly among all Lots within a Neighborhood and shall be for those expenses determined by the Board of Directors to be intended for the primary benefit of the residents of the Neighborhood.

Section 5. Maximum Community and Neighborhood Annual Assessments.

(a) Until January 1 of the year immediately following the conveyance of the first Lot or Residential Unit to an Owner. the Maximum Community Annual Assessment shall be One Hundred Twenty-Five Dollars ($125.00) per Lot or Residential Unit; and the maximum Neighborhood Annual Assessment shall be One Hundred Dollars ($100.00). The Board of Directors may from time to time fix the Community or Neighborhood Annual Assessment at an amount not in excess of the maximum. The Declarant shall pay twenty five percent  (25) of all assessment for Lots and Residential Units which it owns. Notwithstanding the foregoing, the Declarant, its successors and assigns, shall pay the full Maximum Community Annual Assessment and Special Assessments for Lots or Residential Units owned by Declarant, its successors and assigns, upon which a dwelling unit has been completed and is occupied.

(1) If the Maximum Annual and Special Assessments levied are insufficient in any given year to pay the expenses incurred by the Association, Declarant hereby covenants and agrees for the benefit of each Class “A” Member to pay all such expenses incurred by the Association but in an amount not to exceed what could be collected from such Lots and Residential Units had they been owned by a Class “A” member.

(b) From and after January 1 of the year immediately following the conveyance of the first Lot or Residential Unit to an Owner, the Maximum Community or Neighborhood Annual Assessment may be increased by the Board of Directors of the Association, without a vote of the Class “A” Membership, by an amount equal to ten percent  (10) of the Maximum Community or Neighborhood Annual Assessment for the preceding year, plus the prevailing consumer price index for the Washington Metropolitan Area, plus the amount by which any ad valorem real estate taxes and insurable premiums payable by the Association have increased over amounts payable for the same or similar items for the previous year.

(c) From and after January 1 of the year immediately following the conveyance of the first Lot or Residential Unit to an Owner, the Maximum Community or Neighborhood Annual Assessment may be increased above the amount provided for in Article IV, Section 5 (b) immediately above by a vote of two-thirds (2/3) of each class of members who are voting, in person or by proxy, at a meeting duly called for this purpose.

(d) Because of the desirability of creating working capital for the initial operation of the Association, the Declarant hereby establishes a one-time capital contribution to be payable by an initial purchaser and collected upon the settlement of a completed dwelling located on any Lot, or the settlement of a completed Condominium Unit (Residential Unit), or in the event of an apartment unit upon initial occupancy of said apartment unit. This initial capital contribution shall be in the amount of One Hundred Dollars  ($100.00) and may be increased annually by the Declarant in an amount up to, but not exceeding, the prevailing consumer price index for the Washington Metropolitan Area. The funds collected by such a capital contribution shall be applied to operating expenses, contingencies, or a capital asset replacement fund as the Board sees fit in its sole discretion.

Section 6. Special Assessments for Capital Improvements and Expenditures. In addition to the annual assessments authorized above, the Association may levy a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, and to meet unforeseen or special expenditures as well as any budget deficit, provided that any such assessment shall have the assent of two-third (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.  This Special Assessment may be for a Community or Neighborhood improvement or expense.

Section 7. Notice and Quorum for an Action Authorized under Section 5 and 6. Written notice of an meeting called for the purpose of taking any action authorized under section 5 or 5 shall be sent to all members not less than thirty (30) days nor more tan sixty (60) days in advance of the meting except that where such action relates only to Neighborhood Assessment, only the members within that Neighborhood need receive notice.  At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum.  If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be one half (1/2) of the required quorum at the preceding meeting.  No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.  Meetings shall continue to be called subject to the same notice requirement until a quorum is present.  At each meeting, the required quorum shall be one half (1/2) of the required quorum at the preceding meeting.

Section 8. Uniform Rate of Assessment.  Except as otherwise provided in Sections 5 and 6 of this Article IV, both Annual and Special Community Assessments must be fixed at a uniform rate for all Lots and Residential Units and may be collected in advance at a frequency established by the Board.  Annual and special Neighborhood Assessments may be collected in advance at a frequency established by the Board and need only be at a uniform rate for Lots within a Neighborhood.

Section 9.  Date of Commencement of Annual Assessments: Due Dates.  The annual assessments provided for herein shall commence as to all Lots or Residential Units as of the date of settlement.  The first annual assessment shall be adjusted on a pro-rata basis from the date of settlement.  The Board of Directors shall fix the amount of the annual assessment against each Lot or Residential Unit at least thirty (30) days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every Owner subject thereto.  The failures of the Board of Directors to fix the annual assessment thirty (30) days in advance of each annual assessment.  The due dates for payment shall be established by the Board of Directors.  The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer for the Association setting forth whether the assessments on a specified Lot or Residential Unit have been paid.  A properly executed certificate of the Association with the status of assessments on the Lots or Residential Units shall be binding on the Association upon the date of its issuance.

Section 10.      Effect of Non-Payment of Assessments; Remedies of the Association.  Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid at the rate of eighteen percent (18%) per annum or the maximum amount permitted by law (or such lesser sum as VA and/or FHA may specify if any Lot or Residential Unit subject to this Declaration is then encumbered by a deed of trust or mortgage which is guaranteed by VA or insured by FHA).  Additionally, the entire balance of the unpaid annual assessments for the remainder of the fiscal year shall also become due, payable and collectible in the same manner as the delinquent portion of such annual assessment.  The Board may also impose a ;late charge’ the amount of which shall be determined by the Board.  The Association may bring an action of law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot, Condominium Unit, or parcel on which an apartment unit is located (and all improvements thereon) in the same manner as provided by Maryland law for the foreclosure of mortgage container a power of sale, and in either event, interest, costs, and reasonable attorneys’ fees of an such action shall be added to the assessment, provided, however that the provisions of the Maryland Contact Lien Act (Section 14-201, et seq, Real Property Article, Maryland Annotated Code), shall if applicable govern the establishment and enforcement of said lien.  No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot or Residential Unit.

Section 11.      Subordination of the Lien to Mortgagee.   The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust.  Sale and transfer of an Lot or Residential Unit shall not affect the assessment lien.  However, the sale or transfer of any Lot or Residential nit pursuant to mortgage or deed of trust foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or Residential Unit from liability for any assessments thereafter becoming due or from the lien thereof.  No amendment to this Section shall affect the rights of the holder of any first mortgage on any lot or residential unit (or the indebtedness secured thereby) recorded prior to recordation of such amendment unless the holder thereof (or the indebtedness secured thereby) shall join in the execution of such amendment.

Section 12. Reserves for Replacements. The Association shall establish and maintain a capital asset replacement fund for replacements of improvements to the Common Area including any storm water management facilities and community facilities.  The annual appropriation to this fund shall e based on the replacement value of all common properties and facilities, which have been placed in service and their expected life.  Such fund shall not be used to finance operating and maintenance costs.  The Association may establish such other reserves for such other purposes as the Board o Directors may from time to time consider to be necessary or appropriate.  The proportional interest of any Member in any such reserves shall be considered an appurtenance of his Lot or Residential Unit and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot or the Residential Unit t which it appertains and shall be deemed to be transferred with such Lot or Residential Unit. 

ARTICLE V

MAINTENANCE

Section 1. Association’s Responsibility. The Association shall maintain and keep in good order the Common Area to the Community Standard, such maintenance to be funded as elsewhere herein provided.

Section 2. Owner’s Responsibility. Each owner shall keep each Lot owned by him, and all improvements therein or thereon, in good order and repair and free of debris, including but not limited to seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external repair maintenance care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management.  Each owner shall be responsible for the removal of snow, ice and debris, repair, maintenance and replacement of all walkways located on his property including those walkways intended for common use and those walkways in the public ways along the frontage of each lot.

Section 3. Remedial Work by Association. In the event an owner of any lot shall fail to maintain the lot and the improvements situated thereon, the Board of Directors or its agent shall have the right, nut not the obligation to enter upon said Lot to correct drainage, and to repair, maintain, or restore the Lot and the exterior of the buildings and any other improvements erected thereon.  Except in the case of an emergency, the Association shall afford the owner reasonable notice and an opportunity to cure the problem prior to undertaking such maintenance.

Section 4. Creation of Lien. All costs related to such correction, maintenance, repair or restoration shall become a lien upon such Lot, and such lien may be enforced in the same manner as an assessment levied in accordance with Article IV.   Any such lien shall be subordinate to the lien of any first mortgage or deed of trust.  Sale or transfer of any Lot shall not affect such lien.  However, the sale or transfer of any Lot pursuant to mortgage or deed of trust  foreclosure or any proceeding in lieu thereof, shall extinguish such lien as to payments, which became due prior to such sale or transfer.  No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the in  thereof.  No amendment to this Section shall affect the rights of the holder of any first mortgage on any Lot or the indebtedness secured thereby, recorded prior to recordation of such amendment unless the holder thereof (or the indebtedness secured thereby) shall join the execution of such amendment.

 

ARTICLE VI

RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

 

Section 1. Area of Common Responsibility. The Association, subject to the rights of the owners set forth in this declaration, shall be responsible for the effective management and control of the common area and all improvements thereon (including, without limitation, furnishings and equipment related thereto, private drainage facilities, and common landscaped areas), and shall keep the Common Area in good clean, attractive, and sanitary condition, order and repair, pursuant to the terms and conditions hereof and the Community Standard.  The neighborhood committee shall have the responsibility for making recommendations to the association concerning the maintenance of those common areas and facilities located within the neighborhood , which are not generally used by all Association members.  The neighborhood committee shall also have the right to recommend adoption of rules and regulations, meditate neighborhood disputes, and recommend enforcement of rules and regulations concerning the use of those Common areas. 

Section 2. Personal Property and Real Property for Common Use.  The Association, thorough action of its Board of Directors, may acquire, hold, and dispose of tangible and intangible personal property and real property, subject to the requirements of this Declaration.  The Board of Directors, acting on behalf of the Association, shall accept an real or personal property, leasehold, or other property interests within the Properties conveyed to it by the Declarant.

Section 3. Implied Rights. The Association m ay exercise any other right or privilege given to it expressly by this Declaration or the By-laws, and every other right or privilege reasonably to be implied from the existence of right or privilege given to it herein or responsibly necessary to effectuate any such right or privilege.

ARTICLE VII

INSURANCE AND CASUALTY LOSSES

Section 1. Insurance. The Association’s Board of Directors, or its duly authorized agent, shall be required to obtain, maintain and pay the premium as a Common Expense, upon policies of Insurance providing the coverage described below;’

(a)                                Property insurance.  A policy of property insurance covering all of the common area (except land, foundation, excavation, and other items normally exclude from coverage) including fixtures and building service equipment, to the extent that they are a part of the common area of the association, as well as common personal property supplies.  Such insurance policy shall afford at a minimum protection against loss or damage by fire and other perils normally covered by the standard extended coverage endorsement, as well as all other perils which are customarily covered with respect to projects similar in construction, location and use, including all perils normally covered by  the standards “All Risk” endorsement, where such is available.  Such policy shall also contain or have attached the following (1)  a standard mortgage clause, (2) an Agreed Amount endorsement; (3) an inflation guard endorsement, if available, and (4) a construction code endorsement, if the common area in the Association are subject to a construction code provision which would become operative and require changes to undamaged portions of the building(s) thereby imposing significant costs in the event of partial destruction of the property by and insured peril.  Such property insurance policy shall be I an amount equal to one hundred percent 100% (less a deductible deemed reasonable by the Board of Directors of the current replacement costs of the common area and shall name as the insured the association. 

(b) Comprehensive General Liability Policy.  The Association shall obtain and maintain a policy providing comprehensive general liability insurance coverage covering all of the common area, public ways and other areas that are under the supervision of the Association (collectively, the Common Area).  Any such comprehensive general liability policy shall be for such amount as is deemed reasonable by the Board of Directors.

 

(c) Blanket Fidelity Bonds.  The Association shall be required to maintain blanket fidelity bonds fro all officers, directors, managers, trustees, employees, and volunteers of the association and all other persons handling or responsible for funds of or administered by the Association.  Where the Association has delegated some or all of the responsibility for the handing of funds to a management agent, such bonds are required for its officers employees and agents handing or responsible of funds of, or administered on behalf of, the Association.  The total amount of fidelity coverage required shall be based upon the best business judgment of the Board.

(d) worker’s compensation insurance.  The Board of Directors’ may obtain a worker’s compensation policy covering the employees of the association, if such insurance is necessary.

(1) In no event shall the insurance coverage obtained and maintained b the Board of Directors or its duly authorized agent hereunder is brought into contribution with insurance purchased by individual owners, occupants, or their mortgagees.

Section 2. Immediately after damage or destruction by fire or other casualty to all or any  par of the improvements o the common area the association shall proceed with the adjustment of all claims arising from such loss and shall apply such proceeds to repair for the benefit of the Association as it sees fit.

ARTICLE VIII

ANNEXATION OF ADDITIONAL PROPERTY

Section 1. Annexation without approval of class “A” Memberships. As the owner thereof, or if not the owner, with the consent of the owner, thereof, Declarant shall have the unilateral right and privilege (but under no circumstances the obligation), from time to time until the year 2010, to subject to the provisions of this Declaration and the jurisdiction of the Association, all or any portion of the real property described in Exhibit “A” attended hereto and by reference made a part hereof, by filling in the Land Records of Frederick County, Maryland, a Supplementary declaration annexing such real property, provided that so long as  a lot or residential unit is encumbered by a deed of trust or mortgage which is guaranteed or insured by the  Veteran’s Administration (“VA”) or the Federal Housing Administration (FHA), the VA or FHA, as applicable shall approve any annexations not in accord with a development plan ( and amendments thereto), submitted to and approved by VA or FHA.  Such Supplementary Declaration shall no require the vote of Members and shall be effective by filing for record of the supplementary declaration unless otherwise provided therein.  Declarant shall have the unilateral right to transfer to any other person the right, privilege and option to annex  such transferee or assignee shall be the developer of at least a portion of said real property described in said Exhibit “A” attached hereto and that such transfer is memorialized in a written recorded instrument.

Section 2.  Annexation with Approval of Class “A” Membership.  Subject to the consent of the owner thereof, upon the written consent or affirmative vote of (1) a majority of the class “A” members present or represented by proxy at a meeting duly called for such purpose), and (ii) the Declarant  (so long as Declarant owns property, lots or residential units, subject to this declaration of which may become subject in accordance with Section 1 of this Article), the Association  may annex to the provisions of this Declaration real property other than that shown on the provisions of this Declaration real property other than that shown on Exhibit “A”, Following the expiration of the right reserved unto the Declarant in section 1, any real property described in Exhibit A which has not theretofore been annexed to the provisions of this Declaration may be so annexed upon the written consent of the owner of such real property and the written consent of the owner of such real property be so annexed upon the written consent of the owner of such real property and the written consent of affirmative vote of a majority of the Class “A” Members b filling in the Land Records of Frederick County, Maryland, a Supplementary Declaration in respect to the real property being annexed.  Supplementary Declaration in respect to the real property being annexed.  Any such supplementary declaration shall be signed by the president and the Secretary f the Association and the owner of the real property being annexed, and any such annexation shall be effective upon filing unless otherwise provided herein.  The time within which and the manner in which notice of any such meeting of the class “A” members of the Association, called for the purpose of determining whether additional property shall be annexed, and the quorum required for the transaction of business at any such meeting shall be as specified in the by-laws of the association for regular or special meetings as the case may be. 

Section 3. Acquisition of Additional Common Area.  Declarant may convey additional real property, improved or unimproved, located within the real property described in Exhibit “A”, which upon conveyance or dedication in the association shall be accepted by the association and thereafter shall be deemed to be a part of the common area and shall be maintained by the Association as a common expense.

Section 4. Amendment.  This article shall not be amended without the written consent of Declarant, so long as the Declarant owns an property described in Exhibit “A”.

 

 

ARTICLE IX

ARCHITECTURAL CONTROL

Section 1. General Authority. The Board of Directors shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction, decisions made pursuant to the provisions of this Article, whether made ,by the Board of Directors or its designee, the Architectural Control Committee. This Article may not be amended without the Declarant's written consent, so long as the Declarant owns any of the property described in Exhibit “A”.

Section 2. Construction or Alteration.

                                    (a) No building, fence, wall or other structure shall be constructed, erected, or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made (including change in color) until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography and conformity with the design concept for the Property as approved by the Board of Directors of the Association, or by a covenant committee composed of an uneven number of three (3) or more representatives appointed by the Board of Directors of the Association or a corporate entity represented by three (3) corporate employees (“Architectural Control Committee”).

                                    (b) Design approval by the Architectural Control Committee or by the Board shall in no way be construed as to pass judgment on the correctness of the location, structural, utilities, or other qualities of the item being reviewed, nor will it eliminate the need for Owner to obtain all necessary permits and licenses to perform such construction or alteration. The Owner is still required to obtain all permits, including but not limited to building permits, and licenses from Frederick City or other appropriate governmental agencies.

                                    (c) The Architectural Control Committee shall approve or disapprove the proposed use of the Lot and/or the plans, within sixty (60) day. from receipt thereof. The aforesaid 8ixty (60) day period for the Architectural Control Committee’s review of the proposed use and plans shall not commence to run until two (2) complete sets of the final drawings, plans and specifications have been received the Architectural Control Committee in complete and final form. Additionally, in the event that the Architectural Control Committee has not confirmed, in writing, the receipt of such final drawings,  plans and specifications within thirty (30) days of the delivery of the two (2) complete sets as set forth above, then the Owner submitting such drawings, plans and specifications must resubmit two (2) complete sets of the final drawings, plans and specifications within five (5) days following the lapse of such thirty (30) day period. If the Architectural Control Committee fails either to approve or disapprove said plans and specifications within the period provided above (provided the Owner submitting such plans and specifications has complied with all of the requirements set forth herein), it shall be conclusively presumed that the Architectural Control Committee has approved said plane and specifications. The Architectural Control Committee shall have the right, but not the obligation, to conditionally approve the proposed plan by specifying the changes to the plans that would make the plans acceptable.

                                    (d) The Association shall have the right to charge a reasonable fee for reviewing each application which shall be payable upon the submission of such application.

                                    (e) Any such exterior addition to or change or alteration made without application having first been made and approval obtained as provided above, shall be deemed to be in violation of this covenant and may be required to be restored to the original condition at the Owner's cost and expense. In any event, no such exterior addition to or change or alteration shall be made without approvals and permits therefor having first been obtained by the Owner from applicable public authorities or Agencies.

                                    (f) Notwithstanding any provision of this Declaration to the contrary, the provisions of this Article IX shall not be applicable to the Declarant or any part of the property owned by the Declarant.

                                    Section 3. Completion of Work. Construction or alterations in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article shall be completed within one (1) year following the date upon which the same are approved by the Architectural control Committee (whether by affirmative Action or by forbearance from action as in Section 2 of this Article provided). Once work has commenced, it shall be diligently pursued. In the event construction is not completed within the period aforesaid, then approval of the plans and specifications by the Architectural Control Committee shall be exclusively deemed to have lapsed and compliance with the provisions of this Article shall again be required. Approval of any particular plans and specifications or design shall not be construed as a waiver of the right of the Architectural Control Committee to disapprove such plans and specifications or any elements thereof, in the event such plans and specifications are subsequently submitted for use in any other instance.

Section 4. Rules and Regulations. The Architectural Control Committee may from time to time adopt and promulgate such rules-and regulations regarding the form and content of plans and specifications to be submitted for approval and may publish such statements of policy, standards and guidelines and/or establish such criteria relative to architectural styles or details, or other matters, as it may consider necessary or appropriate. No such rules, regulations, statements, criteria, or the like shall be construed as a waiver of the provisions of this Article or any other provision or requirement of this Declaration. The decisions of the Architectural Control Committee shall be final except that any member who is aggrieved by any action or, forbearance from action by the Architectural Control Committee may appeal the decision of the Architectural Control Committee to the Board of Directors. Such appeal must be submitted in writing within fifteen (15) days of the action of the committee, and if not filed within that period, shall be forfeited. Two thirds (2/3) of the Board of Directors shall be required to reverse the decision of the Architectural Control Committee.

Section 5. Committee Members and Failure to Act. The Architectural Control Committee shall consist of three (3) persons and/or a corporate entity with no less than three (3) corporate employees. The Architectural Control Committee shall initially be Ausherman Construction Company. The right to appoint and remove all members of the Architectural Control committee or select a new corporate entity to perform the functions of the Architectural Control Committee shall be and hereby vested solely in Declarant and in any assign(s) to whom such right is specifically transferred. The Association shall accept the responsibility for architectural control if such responsibility is assigned to it. The mailing address of the Architectural Control Committee shall be 8031 Reichs Ford Road, Frederick, Maryland 21701, or such other address as shall from time to time be designated by the Association. A majority of the Architectural Control Committee may designate a chairman to act for it. Neither of the members of the Architectural Control Committee nor its designated representatives shall be entitled to any compensation for services, other than expenses, performed pursuant to these covenants. The Architectural Control Committee's approval or disapproval as required shall be in writing. A majority of the membership of the Architectural Control Committee shall constitute a quorum, and all actions shall require only a majority vote.

ARTICLE X

USE RESTRICTIONS

In addition to all other covenants contained herein, the use of the Properties and each Lot therein is subject to the following:

Section 1. Permitted Uses.  The Lots shall be used for any uses permitted, whether by right or by special zoning approval, in the zones in which they are located, as set forth in the Frederick City Zoning Ordinance except as further restricted by this Declaration and any Amendments thereto. Nothing contained in this Article or elsewhere in this Declaration shall be construed to prohibit the Declarant from the use of any Lot or dwelling or improvement thereon for promotional or display purposes or as “model homes” or as a sales and/or construction office, or the like.

Section 2. Signage. No sign or billboard of any kind shall be displayed to the public view on any portion of the Properties or any Lot, except for a sign for a member of a recognized profession not exceeding one (1) foot square in area, and except for one (1) sign for each building site, of not more than eight (8) square feet advertising the parcel of land for sale or rent, provided however, that signs used by Declarant to advertise the properties or any Lot during the construction and sales period and all permanent community identification signs erected by Declarant are permissible and are exempt from this restriction.

Section 3. No Interference with Quiet Enjoyment. No noxious or offensive activity shall be carried out upon any Lot or any part of the Property, nor shall anything be done thereupon which may be, or may become, an annoyance or nuisance to the neighborhood, or which shall in any way unreasonably interfere with the quiet enjoyment of each of the Owners of his respective Lot or dwelling unit thereon, or which shall in any way increase the rate of insurance tor any other Lot, or a dwelling unit thereon or the Common Area.

Section 4. Prohibited Structures and Vehicles. No automobiles, trucks under two (2) tons, vans, recreational vehicles, boats or any other vehicles or equipment of a similar nature shall be allowed on any Lot or portion of the Common Area unless they display a valid current license or registration, or are parked in a garage and out of public view, excepting that recreational vehicles and boats may be parked on a Lot only with the approval of the Architectural Review Committee as to location and screening. In addition, no such vehicle shall be parked on the streets of the Properties for a continuous or intermittent period to exceed twenty four (24) hours. No trucks over two (2) tons, buses, tractors, trailers or similar items are permitted to be parked on any Lot or any streets of the Properties with or without a current registration or license, except for vehicles that any builder may require to be located during the construction and sales period. The Association shall have the right to tow and remove from the Property (at the expense of the Owner of such vehicle) any vehicle in violation of this Declaration or any adopted Rules and Regulations.

Section 5. Animals. No swine, poultry or livestock shall be permitted or raised on any Lot, except dogs, cats or other usual household pets, not in excess of two (2) of each type of such household pet may be kept (i.e., two (2) dogs, two (2) cats, etc.), provided that they are not bred or maintained for any commercial purposes and are not permitted  to roam at large.

Section 6. Trash Removal. All rubbish, trash, and garbage shall be regularly removed from the Property and shall not be allowed to accumulate thereon nor be burned on any Property. No rubbish, trash or garbage shall be kept or placed outside of any dwelling on the Property except that covered trash containers may be placed in front of a Lot for pick-up if so placed not earlier than dusk on the evening preceding the day of such pickup. All refuse containers, wood piles, storage areas, and machinery and equipment shall be stored in the rear yard of any Lot, in a neat and orderly fashion.

Section 7. Antennae, Garages. Clothes Lines and Fences.

                                    (a) No radio or television receiving or transmitting antennae or external apparatus shall be installed on any Lot. Normal radio and television installations wholly within a building are excepted.

                                    (b) All Owners are hereby put on notice that Frederick Cablevision owns and operates a facility on Yellow Springs Road near the Properties subject to this Declaration. This facility is not owned by the Declarant and is not subject to the covenants or use restrictions contained in this Declaration, and said facility may be modified or expanded in the future, without the approval of the Association.

                                    (c) Under no circumstances may garages be converted into living space.

                                    (d) No clothing or any other household laundry shall be hung in the open to dry on any Lot unless hung from a device located in the rear yard that is removed from view when not actually in use.

                                    (e) No chain link fences shall be installed on any Lot. All other fences shall be approved by the Architectural Control committee. The Architectural Control Committee shall have the right to establish the location, type and height of fencing and all fencing details permitted in different sections of the Properties.

Section 8. Tree Removal. Trees may be removed from a Lot where reasonably necessary for the construction of driveways, paths, utility lines and structures, but in order to preserve the scenic beauty of the Property hereby subjected to these restrictions, except for such designated purposes, no tree larger than four (4) inches in diameter (measured two feet above the ground) or more than twenty (20) feet in height shall be removed from the Property or destroyed without the written approval of the Architectural Control Committee, said permission not being required for removal of dead trees or deadfalls.

Declarant will be providing trees along the streets of the Properties for the purpose of enhancing the appearance of the Properties. In addition, Declarant may be landscaping certain areas around the improvements constructed on each Lot. It is intended that each individual Owner will maintain, water and nurture said landscaping and street trees as installed by the Declarant and by acceptance of the deed of conveyance for any Lot, the Owner undertakes an affirmative responsibility to maintain, care for, and/or replace such landscaping and street trees. The Declarant, it. agent. and employee. shall have an irrevocable right and a general easement to enter any Lot for the purpose of supplement hereto, including, without limitation, the right to maintain and care for the landscaping and street trees, located within the area adjoining any street and/or roadway. Such right and easement shall in no way be construed as an obligation on the part of the Declarant to maintain said landscaping and/or street trees.

Section 9. Vegetable Gardens. No vegetable garden may be planted in the front of any Lot.

Section 10. Minimum Living Area. The total minimum living area (excluding basements, porches and garage areas) of any dwelling erected on any Lot shall be determined by the Architectural Review Committee from time to time.

Section 11. Prohibited Dwellings, Structures and Equipment. No trailer, unlicensed vehicle, shack, or garage only or basement only shall be erected or allowed to remain on any Lot, nor shall the same at any time be used as a dwelling, temporarily or permanently, nor shall any structure of a temporary character be used as a dwelling.  The Architectural Review committee may allow a dog house structure or an accessory structure (including, but not limited to, a shed or storage structure) provided such structure meets the requirements of Article IX hereof.

Section 12. Subdivision. No Lot shall be divided or subdivided and no portion of any Lot (other than the entire Lot) shall be transferred or conveyed for any purpose. The provisions of this subsection shall not in any way apply to the Declarant, it being understood and agreed by each Owner that the Declarant is free to further divide or subdivide any portion of any Lot as long as the Declarant is in title to such Lot. Further, the provisions hereof shall not be construed to prohibit the granting of any easement or right-of-way to any municipality, political subdivision, public utility or other public body or authority, the Declarant or any other portion for any purpose.

Section 13. Obstructions. No tree, hedge or other landscape feature shall be planted or maintained in a location which obstruct. light-line. for vehicular traffic on public streets or on private streets and roadways.

Section 14. Exterior Installations. No water pipe, sewer pipe, gas pipe, drainage pipe, television cable or other similar transmission line shall be installed or maintained upon any Lot above the surface of the ground and no wire, cable or other similar transmission line may be attached to the exterior of any structure on any Lot; except for such items as installed by a utility company and cannot be buried and/or hidden from view.

Section 15. Interference with Easements. No structure, planting or other material shall be placed or permitted to remain upon any Lot which may damage or interfere with any easement for the installation or maintenance of utilities, or which may unreasonably change, obstruct or retard direction or flow of any drainage channels. Such easement area on each Lot shall be maintained continuously by the Owner of the Lot, except for those improvements in such easement areas for which a public authority or utility company is responsible for maintaining.

Section 16. Vacant Lots. That portion of any Lot covered by this Declaration, which is not occupied by a building shall be kept free and clear of all weeds and debris so that the same may be identified as a residential lot. Any Lot which has been sold, but on which no building has been constructed, shall likewise be kept free and clear of debris, pending the construction of a residence thereon. Bach Owner shall promptly remove or otherwise dispose of any accumulation of trash, garbage or rubbish, and at all times maintain said Lot in a neat and sanitary condition.

Section 17. Rules and Regulations. All Owners and occupants shall abide by the By-Laws and any rules and regulations adopted by the Association.

Section 18. Lease Agreements. Any lease agreement between a Lot Owner and a lessee shall provide that the terms of the lease are subject in all respects to the provisions of this Declaration, and the Articles of Incorporation and By-Laws of the Association ,and any rules and regulations, and any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All such leases shall be in writing.

Section 19. Exemptions. None of the foregoing restrictions shall be applicable to the activities of:

                                    (a) Declarant, its officers, employees, agents, or assigns in their development, marketing, and sale of Lots or other parcels within the Property; or

                                    (b) the Association, its officers, employees, and agents in connection with the proper maintenance, repair, replacement, and improvement of the Common Area and community facilities thereon. 

ARTICLE XI

RESERVED RIGHTS AND BASEMENTS

The following easements and rights are hereby declared" or reserved:

                                    (a) As long as it owns any part of the property, Declarant reserves the right to grant easements, both temporary and permanent, to all public authorities and utility companies over any part of the Common Area.

                                    (b) There is hereby created a blanket easement upon, across, over and under all of the Properties for ingress, egress, installation, replacement, repair, and maintenance of all utilities, including but not limited to water, sewer, drainage, gas, cable television, telephones, and electricity subject to an obligation on the part of the user of the easement to repair and replace the ground disturbed as near as possible to the condition that existed prior to the work.

                                    (c) An easement is hereby reserved to Declarant to enter the common Area during the period of construction and sale of the Property and to maintain such facilities and perform such operations as in the sole opinion of Declarant may be reasonably required, convenient, or incidental to the construction and sale of residences, including without limitation, a business office, sales office, storage area; construction yard, signs, displays, and model units.

                                    (d) Declarant also reserves the right to enter into the Common Area for the purpose of carrying out any obligation. it may have or assume with respect to the curing of any defects in workmanship or materials in the Property or the improvements thereon.

                                    (e) For a period of twenty (20) years from the date of conveyance of the first Lot, the Declarant reserves a blanket easement and right on, over and under the Property to maintain and to correct drainage of surface water in order to maintain reasonable standards of health, safety, and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practicable. The Declarant shall give reasonable notice of intent to take such action to all affected Owners, unless in the opinion of the Declarant, an emergency exists which precludes such notice. 

ARTICLE XII

BOARD OF DIRECTORS

Section 1. Selection and Number.

                                    (a) The affairs of the Association shall be managed by a Board of Directors initially consisting of three (3) person. who shall be designated by the Declarant and who shall hold office until the election of their successor. at the first annual meeting of the Member. of the Association.

                                    (b) Commencing with the first annual meeting, the Board of Directors shall consist of three (3) persons who shall be elected by the Members of the Association and who need not be members of the Association. While there is any Class B Member, the number of directors shall be determined from time to time by a vote of the initial directors or their replacement(s) named by the Declarant. Thereafter, the number of directors shall be nine (9) who shall be elected in accordance with a process set forth in the By-Laws. 

Section 2. Powers. The Board of Directors shall have power to;

                                    (a) Adopt and publish rules and regulations governing the use of the Common Area and facilities and the personal conduct of the members and their guests thereon and to establish penalties for infraction thereof.

                                    (b) Suspend the voting rights and right to use of the recreational facilities located within the Common Area of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. The right to use of the recreational facilities may also be suspended for a period not to exceed thirty (30) days for each infraction of published rules and regulations;

                                    (c) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors.

                                    (d) Employ a manager, an independent contractor, or such other employees as they deem necessary to prescribe their duties.

                                    (e) To borrow funds without mortgages for purposes set forth in the By-Laws, in a total aggregate amount not to exceed fifty percent (50%) of the annual assessment income of the Association. Borrowings without mortgages in excess of this amount must be approved by a majority vote of the members present at a meeting of the Association when a quorum is present.

                                    (f) After there are no longer any Class B Members, combine or redistrict Neighborhoods in order to ensure fair and adequate representation within the Association.

                                    (g) Grant all necessary easements and rights-of-way over the Common Area.

                                    (h) Exercise for the Association all powers, duties, and authority vested in-or delegated to this Association and not reserved to the membership by other provisions of this Declaration or the By-Laws or Articles of Incorporation.

Section 3. Duties. It shall be the duty of the Board of Directors to:

                                    (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class “A” Members who are entitled to vote.

                                    (b) Supervise all officers, agents, and employees of this Association and to lee that their duties are properly performed.

                                    (c) Cause an annual operating budget to be prepared, baaed on estimated or actual expenses so as to maintain a ten percent (10%) contingency each year and to fund a capital asset replacement fund in amounts established by the Board, to set an annual assessment sufficient to satisfy the approved budget requirements (except where the membership must set such assessment in accordance with this Declaration), to require that such budget be reviewed for adequacy by an independent Certified Public Accountant prior to approval, and to supply a copy of the accountant'. report to the Frederick City Treasurer.

                                    (d) Fix the amount of the Community and Neighborhood Assessments against each Lot or Residential Unit in advance of each annual assessment period, send written notice of each assessment to every Owner subject thereto in advance of each annual assessment period, and foreclose the lien Against any property for which assessments are not paid or to bring an action at law against the Owner personally obligated to pay the same and to cause notices to be sent to first mortgagees.

                                    (e) Issue, or cause an appropriate officer to issue, upon demand by any person a certificate setting forth whether or not any assessment has been paid, and releases of liens when the assessment, interest, and reasonable attorneys' fees relating thereto have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.

                                    (f) Procure and maintain adequate liability and hazard insurance on property owned by the Association as specified in By-Laws.

                                    (g) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate.

                                    (h) Cause the Common Area to be maintained.

                                    (i) Grant necessary easements across the Common Areas.

                                    (j) Retain any person, firm, entity or organization necessary to assist the Board in fulfilling its obligations and duties.

                                    (k) Cause the books and records of the Association to be reviewed annually by an independent Certified Public Accountant in accordance with generally accepted accounting principles except that when the annual budget exceeds Seventy Thousand Dollars ($70,000.00) the books and. records shall be subject to an annual audit by an independent Certified Public Accountant.

                                    (1) Otherwise perform or cause to be performed the functions and obligations of the Board and the Association as provided for in the Articles of Incorporation, By-Laws and this Declaration.

ARTICLE XIII

NEIGHBORHOOD COMMITTEE

Section 1. Composition of Neighborhood Committee. A Neighborhood Committee shall be composed of an uneven number of not less than three (3) nor more than seven (7) Lot Owners who actually reside in a particular Neighborhood, as defined in Article I. These members shall be elected by the Owners within the same Neighborhood.

Section 2. Role of Neighborhood Committee. It shall be the role and responsibility of the Neighborhood Committee to perform the following;

                                     (a) prepare and submit to the Association budget recommendations relating to the “Neighborhood Assessments” for its respective Neighborhood,

                                    (b) prepare and submit maintenance requests pertaining to Common Area located within the Neighborhood,

                                    (c) recommend adoption of rules and regulations, mediate, and recommend enforcement of rules and regulations concerning use of those Common Areas and facilities which are located within the Neighborhood and which are generally for use by the residents of the Neighborhood. This task shall include, but not be limited to, the recommendation for the adoption, mediation, and recommendation of enforcement of parking rules and regulations;

                                    (d) submit material for incorporation into the Association Newsletter, if any and;

                                    (e) perform any other such related activities in its role as liaison between the Neighborhood residents and Association as are not specifically reserved to the Association.

Section 3. Mediation of Disputes. Should a dispute arise between or among residents in the Neighborhood concerning a violation of the rules and regulations adopted by the Committee (Including, but not limited to, parking rules and regulations) of the Association or a violation of the architectural and use restrictions, it shall be the responsibility of the Neighborhood Committee to attempt to amicably resolve the dispute before the matter may be referred or brought before the Board of Directors of the Association.

ARTICLE XIV

PARTY WALLS

The rights and duties of the Owners of Lots with respect to party walls shall be governed by the following;

Section 1. General Rules of Law to Apply. Each wall which is constructed as a part of the original construction on the Property and any part of which is placed on the dividing line between separate Lots shall constitute a party wall and, with respect to such wall, each of the adjoining Owners shall assume the burdens and be sub-beneficiaries of these restrictive covenants and, to the extent not inconsistent herewith, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance and Destruction by Fire or other Casualty. If any such party wall is damaged or destroyed by fire or other casualty or by some cause other than the act of one of the adjoining Owners, their agents or families (including ordinary wear and tear and deterioration from lapse of time), then, in such event, both such adjoining Owners shall proceed forthwith to rebuild or repair the same to as good condition as formerly, in proportion to their respective use of the party wall.

Section 3. Repairs of Damage Caused by One Owner. If any such party wall is damaged or destroyed through the act of one adjoining Owner or any of his agents or guests or members of his family (whether or not such act is negligent or otherwise culpable) so as to deprive the other adjoining Owner of the full use and enjoyment of such wall, then, the first of such Owners shall forthwith proceed to rebuild and repair the same to as good a condition as formerly, without costs to the adjoining Owner.

Section 4. Other Changes. In addition to meeting the other requirements of these restrictive covenants and of any building code or similar regulations or ordinances, any Owner proposing to modify, make additions, or rebuild his residence in any manner which requires the extension or other alteration of any party wall shall first obtain the written consent of the adjoining Owner.

Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.

Section 6. Dispute. In the event of a dispute between Owners with respect to the repair or rebuilding of a party wall or with respect to the sharing of the cost thereof, then, upon written request of one of such Owners addressed to the Association, the matter shall be submitted to its Board of Directors who shall decide the dispute, and the decision of such Board of Directors shall be final and conclusively binding upon the parties.  

ARTICLE XV

NO PARTITION

Except as is permitted in this Declaration, there shall be no physical partition of the Common Area or any part thereof, nor shall any person acquiring any interest in any portion of the Properties seek any such judicial partition unless the Properties have been removed from the provisions of this Declaration. This Article XV shall not be construed to prohibit the Board of Directors from acquiring and disposing of any tangible personal property nor from acquiring title to real property which mayor may not be subject to this Declaration.

ARTICLE XVI

CONDEMNATION

Section 1. Notice of Condemnation. Whenever all or any part of the Common Area shall be taken by any authority having the power of· condemnation or eminent domain (or conveyed in lieu of or under threat of condemnation), each Owner shall be entitled to notice thereof.

Section 2. Disbursement of Condemnation Proceeds. The award made for such taking shall be payable to the Association as Trustee for all Owners to be disbursed as follows:

                                    (a) If the taking involves a portion of the Common Area on which improvements have been constructed, then, unless within sixty (60) days after such taking the Declarant and at least seventy-five percent (75%) of the Class “A” Members of the Association shall otherwise agree, the Association shall promptly restore or replace such improvements as taken on the remaining land included in the Common Area to the extent lands are available therefor, in accordance with plans approved by the Board of Directors. If such improvements are to be repaired or restored, the above provisions in Article VII hereof regarding the disbursement of funds in respect of casualty damage or destruction which is to be repaired shall apply.

                                    (b) If the taking does not involve any improvements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then, such award or net funds shall be disbursed to the Association and used for such purposes as the Board of Directors of the Association shall determine.

ARTICLE XVII

MANAGEMENT

Section 1. Management Agent. The Board of Directors may employ for the Association a professional management agent or manager (the “Management Agent”) at a rate of compensation established by the Board of Directors to perform such duties and services as the Board of Directors shall from time to time authorize.

Section 2. Duration of Management Agreement. Any management agreement entered into by the Association shall provide, inter alia, that such agreement may be terminated for cause by either party upon thirty (30) days written notice thereof to the other party. The term. of any such management agreement shall not exceed two (2) years, provided, however, that the terms of any such management agreement may be renewable by mutual agreement of the parties for successive one (1) year periods.

Section 3. Limitation of Liability. The Association shall not be liable for any failure of any services to be obtained by the Association or paid for out of the Common Expense funds, or for injury or damage to person or property caused by the elements or resulting from water which may leak or flow from any portion of the Common Area or community facilities, or from any wire, pipe, drain, conduit, or the like. The Association shall not be liable to any member for loss or damage, by theft or otherwise, or articles which may be stored upon the Common Area or community facilities. No diminution or abatement of assessments, as herein elsewhere provided for, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Area or community facilities or from any action taken by the Association to comply with any of the provisions of this Declaration or with any law or ordinance or with the order or directive of any municipal or other governmental authority

ARTICLE XVIII

FHA/VA APPROVALS

Provided that any Lot subject to this Declaration is then encumbered by a deed of trust or mortgage which is insured by FHA or guaranteed by VA, and further provided that there are then Class “B” memberships of the Association outstanding, neither the members, the Board of Directors, nor the Association shall by act or omission take any of the following actions without the prior written consent or approval of the Federal Housing Administration (“FHA”) and the Veterans Administration (“VA”), as circumstances may require:

                                    (a) change the basic organization of the Home Owners’ Association, including the merger, consolidation, or dissolution of the Home Owners' Association, or

                                    (b) dedicate, convey, or mortgage the Common Area, Or

                                    (c) annex additional properties not shown on the plan of development approved by VA or FHA.

                                    (d) modify or amend any material provision of this Declaration, the By-Laws, or the Articles of Incorporation of the Association.

ARTICLE XIX

DECLARANT’S RIGHTS

Any or all of the special rights and obligations of the Declarant may be transferred to other persons or entities, provided that no such transfer shall be effective unless it is in a written instrument signed by the Declarant. 

ARTICLE XX

GENERAL PROVISIONS

Section 1. Term. Except where permanent easements or other permanent rights or interests are herein created, the covenants and restrictions of this Declaration shall run with and bind the properties and shall inure to the benefit of and shall be enforceable by the Association and the Owners of the Lots and Residential Units, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration 1s recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then Owners, has been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change said covenants and restrictions, in whole or in part, or to terminate the same.

Section 2. Amendments. Except as otherwise provided herein, this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75%) of the Lots and Residential Units, and thereafter by an instrument signed by the Owners of not less than a majority of the Lots and Residential Units. Any amendment must be recorded.

Section 3. Indemnification. The Association shall indemnify every officer and director against any and all expenses, including counsel fees, reasonably incurred by or imposed upon any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors), to which he or she may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own· individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be Owners), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any 8uch contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors’ liability insurance to fund this obligation, if such insurance is reasonably available.

Section 4. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. If the Association shall prevail in a Court of law, then all costs or expenses incurred by the Association in such enforcement proceedings, including attorney's fees, shall become a lien upon such Lot, condominium unit or parcel on which an apartment unit is located, and such lien may be enforced in the same manner as an assessment levied in accordance with Article IV of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 5. Severability. Invalidation of anyone of these covenant. or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

Section 6. Required Changes. Notwithstanding any provisions to the contrary contained in the Articles of Incorporation or By-Laws of the Association or this Declaration, the Declarant shall have and hereby reserves the right to make modifications, additions, or deletions to the Declaration, the Articles of Incorporation, and the By-Laws of the Association if such modifications, additions, or deletions are required by VA, FHA, FHLHC or FNMA. The Declarant further reserves the right to waive in writing any exemption, right or privilege granted or reserved the Declarant by this Declaration or the Art1cles of Incorporat1on or the By Laws of the Association.

Section 7. Taxes and Assessments. It is the intent of this Declaration that insomuch as the interests of each Owner to use and enjoy the Common Area is an 1nterest in real property appurtenant to each Lot or Residential Unit, the value of the interest of each Owner in such Common Area shall be included in the assessment for each such Lot or Residential Unit and as a result, any assessment directly Against such Common Area should be of a nominal nature reflecting that the full value of the same should be included in the several Assessments of the various Lots or Residential Units.

Section 8. Captions and Gender. The captions contained in this Declaration are for convenience only and are not a part of this Declaration and are not intended in any way to limit or enlarge the terms and provisions of this Declaration. Whenever the context so requires, the male shall include all genders and the singular shall include the plural.

Section 9. Counterparts. This Declaration may be executed in counterparts. 

IN WITNESS WHEREOF, AUSHERMAN DEVELOPMENT CORPORATION, a Maryland corporation, has caused this instrument to be signed by MARVIN B. AUSHERMAN, President of AUSHERMAN DEVELOPMENT CORPORATION, on the day and year first above written, pursuant to an adopted resolution of Declarant.

AUSHERMAN DEVELOPMENT CORPORATION
(Signatures)

STATE OF MARYLAND
CITY OF FREDERICK

On this 22^nd day of "December, 1989, before me, the undersigned officer, personally appeared MARVIN E. AUSHERMAN, who acknowledged himself to be the President of AUSHERMAN DEVELOPMENT CORPORATION, corporation, and that he, as such President, being authorized so to do; executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation himself as President.

1N WITNESS WHEREOF, I hereunto set my band and official seal.   

Signatures
Attorney’s Certificate

 

Description of Property

EXHIBIT “A”
Lands of Ausherman Development Corporation
Location: Frederick County, Maryland

Situate along the east side of Rocky Springs Road and along the north side of Old Receiver Road in the City of Frederick in Tuscarora, Election District No. 21, Frederick County, Maryland, and being more particularly described as follows:

PARCEL #1
Beginning at a fence post being at the beginning point of a parcel of land described in a deed from Linwood T. Offutt and Helen W. Offutt; his wife, to Ausherman Development Corporation dated July 1, 1988 and recorded at Liber 1497, Folio 759 among the land records of Frederick County, Maryland, thence binding on Ausherman Development Corporation's addition to Roland Hooper and Marshall Hooper as shown on a plat recorded at plat book 42, page 57, the two (2) following courses and distances:

EXHIBIT “B”

Part or all of that land described in Exhibit “A” which will be more specifically set forth in a Supplementary Declaration to be recorded at a later date intended to supplement and modify this Declaration. 

SUPPLEMENTARY DECLARATION

This Supplementary Declaration, made this 13^TH  day of July 1990, by AUSHERMAN DEVELOPMENT CORPORATION, a Maryland corporation, (hereinafter referred to as 'Declarant'),

WITNESSETH

WHEREAS, Declarant executed and recorded the Declaration of Covenants, Conditions and Restrictions for Whittier community Association, Inc. dated December 22, 1989, which was recorded among the Land Records for Frederick County, Maryland in Liber 1613, Folio 491 on December 22, 1989 (hereinafter the 'Declaration'), in conjunction with the establishment of the community of Whittier as a residential, planned community; and WHEREAS, Article VIII, Section 1 of that Declaration reserves to the Declarant the right until the year 2010, without the approval of Class 'A' members, to annex and bring within the scheme of the Declaration, all or any portion of the real property described in Exhibit 'A' of Declaration, and

WHEREAS, Article XX, Section 2 of the Declaration provides that the Declaration may be amended during the first thirty year period by an instrument signed by not less than seventy-five percent of the Owners; and

WHEREAS, a typographical error appears in the Declaration which requires corrections; and

WHEREAS Declarant is the sole Owner of the property at this time, and . WHEREAS, the Federal National Mortgage Association (“FNMA”) requires that the Declaration be amended to indicate when the Common Area adequate to accommodate the first community swimming pool will be conveyed to the Whittier Community Association, Inc., and further desires that the  Declaration specify a date certain when the first community swimming pool will be constructed.

NOW, THEREFORE, in accordance with the provisions of the Declaration, Declarant hereby:

1. Annexes and subjects to all covenants, conditions and restrictions contained in the Declaration that property as more fully described in Exhibit 1 hereto.

2. Corrects Article IV, Section 3, line 9 which presently reads, in pertinent part: “Each such attorneys’ fees, shall also be the personal obligation ….” to read “Each such lien shall also be the personal obligation…”.

3. Amends Article VIII of the Declaration to include a new Section 5 which provides as follows:

 “Section 5. Common Area adequate to accommodate the initial community swimming pool will be conveyed to the Association prior to the conveyance of the three hundredth (300th) Lot to the initial homebuyer. The community swimming pool to be constructed on this Common Area will be completed prior to the conveyance of the three-hundredth (300th) Lot to the initial homebuyer”.

 IN WITNESS WHEREOF, AUSHERMAN DEVELOPMENT CORPORATION, a Maryland corporation, has caused this instrument to be signed by MARVIN E. AUSHERMAN, President of AUSHERMAN DEVELOPMENT CORPORATION, on the day and year first above written, pursuant to an adopted resolution of  Declarant.

(Signatures)

 8  On this 13th day of July, 1990, before me, the undersigned officer, personally appeared; MARVIN E. AUSHERMAN, who acknowledged himself to be the President of AUSHERMAN DEVELOPMENT CORPORATION, a corporation, and that he, as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation himself as President.

EXHIBIT A (Not Included)

The undersigned, Herschel Conaway and Roberta F. Roberts, Trustees under the Deed of Trust in Liber 1516 at Folio 252, respectively, recorded among the Land Records of Frederick County, Maryland, hereby ratify and consent to the Declaration, recorded among the Land Records of Frederick county, Maryland, at Liber 1613, Polio 491 and the within Supplementary Declaration and agree that the property described therein shall be subject to the covenants, conditions and restrictions of the Declaration and this Supplementary Declaration.

(SIGNATURES)

 

SUPPLEMENTARY DECLARATION

This Supplementary Declaration, made this 27^th day of April, 1992, by Ausherman Development Corporation, a Maryland Corporation, (hereinafter referred to as "Declarant"),

WITHESSETH

WHEREAS, Declarant executed and recorded the Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, which was recorded among the Land Records for Frederick County, Maryland in Liber 1613, folio 491 on December 22, 1989 (hereinafter the "Declaration"), in conjunction with the establishment of the community of Whittier as a residential, planned community; and

WHEREAS, Article XX, Section 6 of the Declaration provides that the Declarant shall have the right to make modifications, additions or deletions to the Declaration if such modifications, additions-or deletions are required by VA/FHA, FHLMC or FNMA; and WHEREAS, FHA has required that Declarant amend Article IV, Section 5(b) of the Declaration in order to limit the amount by which the Maximum Community or Neighborhood Annual Assessment may be increased by the Board of Directors of the Association without a vote of a Class "A" membership; and

WHEREAS, all that real property described in “Exhibit A”  as attached hereto and all real property subsequently annexed into the Whittier Community Association, Inc., as provided for in the Declaration, shall be subject to this Supplementary Declaration.

NOW, THEREFORE, in accordance with Article XX, Section 6 of the Declaration, Declarant hereby amends Article IV, Section 5 (b) of the Declaration by substituting the existing paragraph with language which reads as follows:

(b) From and after January 1 of the year immediately following the conveyance of the first Lot or Residential Unit to an Owner, the maximum community or Neighborhood Annual Assessment may be increased by the Board of Directors of the Association; without a vote of a Class "A" membership, by an amount equal to ten (10%) percent of the Maximum Community or Neighborhood Annual Assessment for the preceding year." 

IN WITNESS WHEREOF, Ausherman Development Corporation, a Maryland corporation, has caused this instrument to be signed by Marvin E. Ausherman, President of Ausherman Development Corporation on the day and year first above written pursuant to an adopted Resolution of Declarant.

WITNESS AUSHERMAN DEVELOPMENT CORPORATION
(SIGNATURES)

EXHIBIT "A"
NOT INCLUDED

SUPPLEMENTARY DECLARATION FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This Supplementary Declaration, made this 25th day of April , 1994, by AUSHERMAN DEVBLOPMENT CORPORATION, a Maryland Corporation, (hereinafter “Declarant”)

 

WITNESSETH

WHEREAS, Declarant executed and recorded the Declaration of Covenants, Conditions, and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, which was recorded among the Land Records for Frederick County, Maryland, in Liber 1613, folio 491, on December 22, 1989, (hereinafter the "Declaration”), in conjunction with the establishment of the community of Whittier as a residential, planned community; and WHEREAS, 'the terms of the Declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83 and Liber 1783, folio 1325.

WHEREAS, Article VIII, Section 1 of the Declaration, as amended, reserves to the Declarant the right until the year 2010, without the approval of Class “A” members., to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration, and

NOW, THEREFORE, in accordance with the provisions of the “Declaration”, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that property as more fully. described in EXHIBIT A attached hereto.

IN WITNESS WHEREOF, AUSHERMAN DEVELOPMENT CORPORATION, a Maryland Corporation, has caused this instrument to be Signed by Marvin E. Ausherman, President of AUSHERMAN DEVELOPMENT CORPORATION, on the day and year first above written.

(Signatures)

EXHIBIT A

All those lots or parcels of land situate, lying and being in the City of Frederick, Frederick County, Maryland, being more particularly described as follows:

1.                     Lots 121 through 128, incisive, and the Open Space parcel containing 5,725 square feet of land, more ‘or less, and the Open Space parcel containing 14,294 square feet of land, more or less, as shown on a subdivision plat entitled, "Final Plat, Section 13, Plat 3, Lots 121 thru 128, WHITTIER PND," recorded among the Plat Records of Frederick County, Maryland, in Plat Book 53, page 111.

2.                     Lots 173 through 192, inclusive, and the Open Space parcel containing 5,840 square feet of land, more or less, the Open Space parcel containing 4,320 square feet of .land, more or less. the Open Space parcel containing 6,735 square feet of land, more or less, and the Open Space parcel containing 2,068 square feet of land, more or less,'as shown on a subdivision-ion plat entitled, "Final Plat. Section 13, Plat 5, Lots 173 thru 192, WHITTIER PND," recorded among the Plat Records of Frederick County, Maryland, in Plat Book 53, page 145.

3.                     Lots 193 through 208, inclusive, and the Open Space parcel containing 1,984 square feet of land, more or less, the Open Space parcel containing 6,119 square feet of land, more or less, and the Open Space parcel containing 4,073 square feet of land, more or less, as shown on a subdivision plat entitled, "Final Plat, Section 13, Plat 6, Lots 193 thru 209, WHITTIER PND," recorded among the Plat Records of Frederick County, Maryland, in Plat Book 53, page 146.

SUPPLEMENTARY DECLARATION FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This Supplementary Declaration, made this 2^nd day of January 1991, by AUSHERMAN DEVELOPMENT CORPORATION, a Maryland Corporation, (hereinafter referred to as “Declarant”),

WITNESSETH

WHEREAS, Declarant executed and recorded the Declaration of covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, which was recorded among the Land Records for Frederick County, Maryland in Liber 1613, folio 491, on December 22, 1989, (hereinafter the "Declaration"), in conjunction with the establishment of the community of Whittier as a residential, planned community; and

WHEREAS, Article VIII, Section 1 of the Declaration reserves to the Declarant the right until the year 2010, without the approval of Class “A" Members, to annex and bring within that scheme of the Declaration all or any portion of the real property. described in Exhibit “A” of the Declaration.

NOW, THEREFORE, in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration that property as more fully described in Exhibit “A” hereto.

IN WITNESS WHEREOF: AUSHERMAN DEVELOPMENT CORPORATION, a Maryland Corporation, has caused this instrument to be signed by Marvin E. Ausherman, President of AUSHERMAN DEVELOPMENT  CORPORATION, on the day and year first above written, pursuant to an adopted resolution of Declarant. 

(SIGNATURES)

EXHIBIT A

Final Plat, Section 9, Plat 2
Lots 5 through a, inclusive
Lots 16 through 23, inclusive Whittier PHD Plat Book 44, Page 102

Final Plat. section 9. Plat 3
Lots 42 through 44, inclusive
Lots 65 through 76, inclusive Whittier PHD Plat Book 44, Page 103

Final Plat. Section 8. Plat 1
Lots 1 through 3, inclusive
Lots 12 through 14, inclusive
Lots 21 through 24, inclusive Whittier PHD Plat Book 44, Page 105 

Final Plat. section 8. Plat 2
Lots 4 through 11, inclusive Whittier PHD Plat Book 44, Page 106

Final Plat. section 8. Plat 3
Lots 19, 20 and 105 Lots 25 through 29, inclusive
Lots 77 through 81, inclusive Whittier PHD Plat Book 44, Page 107 

SUPPLEMENTARY DECLARATION FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This Supplementary Declaration, made this 11th day of  August, 1991, by AUSHERMAN DEVELOPMENT CORPORATION, a Maryland Corporation, (hereinafter referred to as “Declarant”), WITNESSETH WHEREAS, Declarant executed and recorded the Declaration of Covenants, Conditions and Restrictions for Whittier community Association, Inc., dated, December 22, 1989, which was recorded among the Land Records for Frederick County, Maryland in Liber 1613, folio 491, on December 22, 1989, (hereinafter the "Declaration"), in conjunction with the establishment of the community of Whittier as a residential, planned communitY1 and

WHEREAS, Article VIII, Section 1 of the Declaration reserves to the Declarant the right until the year 2010, without the approval of Class “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration.

NOW, THEREFORE, in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration that property as more fully described in Exhibit A hereto.

IN WITNESS WHEREOF, AUSHERMAN DEVELOPMENT CORPORATION to be signed by Marvin E. Ausherman, President of AUSHERMAN DEVELOPMENT CORPORATION, on the day/and year first above written, pursuant to an adopted resolution of Declarant.

(SIGNATURES)

This instrument has been prepared under the supervision of the undersigned, an Attorney duly admitted to practice before the Court  of Appeals of Maryland.

(SIGNATURES)

EXHIBIT A

Final Plat. Wetherburne Park
Pool Site, containing 1.177 acres
Whittier PND
Plat Book 46, page 175

Final Plat. Section 8. Plat 5
Lots 82 through 91, inclusive
Whittier PND
Plat Book 46, Page 176

Final Plat. Section 8. Plat 4
Lots 92 through 104, inclusive
Whittier PHD
Plat Book 46, Page 177

Final Plat. section 12. Plat 3
Lots 89 through 120, inclusive
and Open Space
Whittier PND
Plat Book 46, Page 191 

 

SUPPLEMENTARY DECLARATION FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This Supplementary Declaration, made this 30^th day of  1992, by AUSHERMAN DEVELOPMENT CORPORATION, Maryland Corporation, (hereinafter "Declarant"). WITNESSETH WHEREAS, Declarant executed and recorded the Declaration of Covenants, Conditions, and Restrictions tor Whittier Community Association, Inc., dated December 22, 1989, which was recorded among the Land Records for Frederick County, Maryland, in Liber 1613, folio 491, on December 22, 1989, (hereinafter the "Declaration"), in conjunction with the establishment of the community of Whittier as a residential, planned community; and

                                    WHEREAS, Article VIII, Section 1 of the Declaration reserves to the Declarant the right until the year 2010, without the approval of Class, “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration.

                                    NOW, THEREFORE, in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to .all covenants, conditions and restrictions contained in the Declaration that property as more fully described in Exhibit A attached hereto.

                                    IN WITNESS WHEREOF, AUSHERMAN DEVELOPMENT CORPORATION, a Maryland corporation, has caused this instrument to be signed by Marvin E. Ausherman, President of AUSHERMAN DEVELOPMENT CORPORATION; on the day and year first above written, pursuant to an adopted resolution of Declaration.

                                    IN WITNESS HEREOF;  STATE OF MARYLAND, COUNTY OF FREDERICK, TO WIT:

                                    I HEREBY CERTIFY that on this 30th day of July, 1992, before me, the Subscriber, a Notary Public in and for the State and county aforesaid, personally appeared Marvin E. Ausherman, President of Ausherman Development Corporation, a Maryland corporation, and he did acknowledge the foregoing Supplementary Declaration for Whittier Community Association, Inc., to be the act and deed of Ausherman Development Corporation, as its President, and that he is duly authorized to make this acknowledgement on its behalf.

  This instrument has been prepared under the supervision of the undersigned, an Attorney duly admitted to practice before the court of Appeals of Maryland.

EXHIBIT A

Final Plat. Section 13. Plat 1
Lots 152 through 172, inclusive
Whittier PHD
Plat Book 48, page 183

Final Plat. Section 13. Plat 2
Lots 129 through 151, inclusive
Whittier PHD
Plat Book 48, page 184

Final Plat. Section 11. Plat 1
Lot 1
Whittier PHD
Plat Book 49, page 22

Final Plat. Section 12. Plat 4
Lots 1 through 14, inclusive
Whittier PHD
Plat Book 49, page 33

Final Plat. Section 9. Plat 4
Lots 41, 77, and 112 through 121, inclusive
Whittier PHD
Plat Book 49, page 34

Final Plat, Section 8, Plat 6
Lots 30 through 32, 46 through 51, 73 through 76. inclusive.
Whittier PHD
Plat Book 49, page 136

Final Plat, Section 8, Plat 7
Lots 33 through 45. Inclusive
Whittier PND
Plat Book 49, page 137

SUPPLEMENTARY DECLARATION

FOR WHITTIER COMMUNITY ASSOCIATION, INC.

The Supplementary Declaration made this 26^th day of April 1993 by AUSHERMEN DEVELOPMENT CORPORATION, Maryland Corporation (hereinafter “Declarant”)

WITNESSETH

                                    WHEREAS, Declarant executed and recorded the Declaration of Covenants, Conditions, and Restrictions for Whittier Community Association. Inc., dated December 22. 1989, which was recorded among the Land Records for Frederick County, Maryland, Liber 1613. folio 491. On December 22, 1989. (hereinafter the  Declaration), in conjunction with the establishment of the community of Whittier as a residential, planned community; and WHEREAS, Article VIII, Section 1 of the Declaration reserves to the Declarant the right until the year 2010. without the approval of Class “A” members, to annex and bring Within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration.

XXX                          

WHEREAS, Article VIII, Section 1 of the Declaration reserves to the Declarant the right until the year 2010, without the approval of Class, “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration.

                                    NOW, THEREFORE, in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to .all covenants, conditions and restrictions contained in the Declaration that property as more fully described in Exhibit A attached hereto.

                                    IN WITNESS WHEREOF, AUSHERMAN DEVELOPMENT CORPORATION, a Maryland corporation, has caused this instrument to be signed by Marvin E. Ausherman, President of AUSHERMAN DEVELOPMENT CORPORATION; on the day and year first above written, pursuant to an adopted resolution of Declaration.

                                    IN WITNESS HEREOF;  STATE OF MARYLAND, COUNTY OF FREDERICK, TO WIT:

                                    I HEREBY CERTIFY that on this 30th day of July, 1992, before me, the Subscriber, a Notary Public in and for the State and county aforesaid, personally appeared Marvin E. Ausherman, President of Ausherman Development Corporation, a Maryland corporation, and he did acknowledge the foregoing Supplementary Declaration for Whittier Community Association, Inc., to be the act and deed of Ausherman Development Corporation, as its President, and that he is duly authorized to make this acknowledgement on its behalf.

  This instrument has been prepared under the supervision of the undersigned, an Attorney duly admitted to practice before the court of Appeals of Maryland.

EXHIBIT A

Resubdivision Plat, Section 8
Lots 2, 3 and Open Space
Whittier PND
Plat Book 45. page 90

Final Plat. Section 9. Plat 5
Lots 34 through 40 inclusive
Lots 122 through 124. Inclusive
Lots 137, 138 and Open Space
Whittier PND
Plat Book 51. page 24

Resubdivision Plat. Section 12. Plat 4
Lot 1 through 14, inclusive and Open Space
Whittier PND
Plat Book 51, page 57

 

SUPPLEMENTARY DECLARATION FOR WHITTIER COMMUNITY ASSOCIATION, INC.

                                    This Supplementary Declaration. made this 15^th day of September, 1993 by AUSHERMAN DEVELOPMENT CORPORATION. Maryland Corporation. (hereinafter “Declarant”).

WITNESSETH

                                    WHEREAS, Declarant executed and recorded the Declaration of Covenants. Conditions, and Restrictions for Whittier Community Association. Inc. dated December 22. 1989. which was recorded among the Land Records for Frederick County. Maryland, in Liber 1613. folio 491. on December 22. 1989. thereinafter the “Declaration” in conjunction with the establishment of the community of Whittier as a residential, planned community; and

                                    WHEREAS, Article VIII. Section 1 of the Declaration reserves to the Declarant the right until the year 2010. without the approval of Class “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit "A" of the Declaration: and

                                    WHEREAS, the Declaration has been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658. folio 83 and Liber 1783. folio 1325.

                                    NOW, THEREFORE, in accordance with the provisions of the Declaration. Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended. that property as more fully described in Exhibit “A” attached hereto.

                                    IN·WITNESS WHEREOF, AUSHERMAN DEVELOPMENT CORPORATION. a Maryland Corporation. has caused this instrument to be signed by Marvin E. Ausherman, President of AUSHERMAN DEVELOPMENT CORPORATION, on the day and year, first above written, pursuant to an adopted resolution of Declaration.

(Signatures)

STATE OF MARYLAND, COUNTY OF FREDERICK, TO WIT:

                                    I HEREBY CERTIFY that on this 15^th day of September, 1993, before me, the Subscriber, a Notary Public in and for the State and County aforesaid. personally appeared Marvin E. Ausherman, President of Ausherman Development Corporation, a Maryland Corporation. and he did acknowledge the foregoing Supplementary Declaration for Whittier Community Association, Inc., to be the act and deed of Ausherman Development Corporation, as its President, and that he is duly authorized to make this acknowledgement on its behalf.  

EXHIBIT A

Final Plat Eastern Water Quality Basin
Open Space, containing 3.174 acres
Whittier PND
 Plat Book 51, page 155

Final Plat. Section 12. Plat 5
Lots 15 through 20, inclusive
Lots 75 through 82, inclusive
Whittier PND
Plat Book 51, page 156

Final Plat. Western Water Quality Basin
Open Space, containing 2.758 acres
Whittier PND
Plat Book 51, page 157

Final Plat. Section 12, Plat 6
Lots 83 through 88, inclusive
Whittier PND
Plat Book 51, page 158

Final Plat Section 8, Plat 11
Lots 200 through 204, inclusive,
and Open Space Whittier PND
Plat Book 52, page 12

Final Plat Section 8 Plat 8
Lots 52 through 56, inclusive,  and Open Space
Lots 68 through 72, inclusive
Whittier PND
Plat Book 52, page 13

Final Plat, Section 8, Plat 9
Lots 109 through 118, inclusive and Open Space
Whittier PND
Plat Book 52. page 14

Final Plat. Section 8
Plat 10
Lots 57 through 67, inclusive
and Open Space
WHITTIER PND
Plat Book 52. page 15

SUPPLEMENTARY DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This supplementary Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc. (Supplementary Declaration”) is made this 22^nd day of February  1995, by AUSHERMAN DEVELOPMENT CORPORAITON,  a Maryland Corporation, (herein after referred to as “Declarant”).

                                    WHEREAS, the Declarant has executed and recorded the declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated September 22, 1989, and recorded among the Land Records of Frederick County, Maryland, in Liber 1613, folio 491 (hereinafter “Declaration”); and

                                    WHEREAS, the terms of the Declaration have been amended b Supplementary Declarations recorded among the aforesaid Land Records in Liber 1558; folio 83, and Liber 1783, folio 1325; and

                                    WHEREAS, Article. VIII, Section 1 of the Declaration, as amended, reserves to the Declarant the right until the year 2010 without approval of  Class “A” members; to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the declarations; and

WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on Exhibit A attached hereto and made a part hereof.

                                    NOW THEREFORE, THIS SUPPLEMENTARY DECLARATION, WITNESSETH; That in accordance with the provision of the Declaration, declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended that real property as more fully described on EXHIBIT A, attached hereto.

                                    IN WITNESS WHEREOF, the undersigned Declaration has executed these present on this 23^rd day of February 1995.

(Signatures)

The undersigned lienholder does hereby consent to the aforesaid Supplementary Declaration of Covenants, Conditions, and Restrictions for the property known as Whittier, PND, and by the signatures of its authorized signatories, does hereby agree that such Supplementary Declaration shall survive any sale under its Deed of Trust dated September 30, 1988, and recorded in Liber 1516, folio 252, among the Land Records of Frederick County, Maryland as affected by a Substitution of Trustees and Partial Release of Deed trust dated April 1, 1993, and recorded in Liber 1876, folio 419, and under its deed of trust dated April 1, 1993, and recorded in Liber 1876, folio 443, among the aforesaid Land Records; both Deeds of Trust as affected by a Substitute of Trustees and Partial release of Deed of trust dated September 19, 1994, and recorded among the aforesaid Land records in liber 24047, folio 1114.

(Signatures)

(Signatures)

The undersigned lienholder do hereby consent to the aforesaid Supplementary Declaration of Covenants, Conditions, and Restrictions for the property known as Whittier, PND, and by the signatures of its authorized signatory, do hereby agree that such Supplementary Declaration shall survive any sale under its Deed of Trust dated July 1, 1988, and recorded in Liber 1516, folio 227; among the Land Records of Frederick County, Maryland as modified by a Modification Agreement dated September 29, 1988, and recorded in Liber 1516, Folio 227 as amended by an Amendment dated January 3, 1991, and recorded in Liber 1687, folio 820, among the aforesaid Land Records; and as amended by an Amendment dated February 8, 1991, and recorded in Liber 1691, folio 740; and as further amended by an amendment dated October 15, 1992, and recorded in Liber 1937, folio 591 among the aforesaid Land Records.

(SIGNATURES)

EXHIBIT A

All those lots or parcels of land situation, lying and being in the city of Frederick, Frederick County, Maryland, and being more particularly described as follows;

Lots 205 and 206, section 8, as shown on a subdivision plat entitled “Final Plat, section 8, Plat 12, Lots 206, WHITTIER PND” recorded among the Plat Records of Frederick County, Maryland in Plat Book 55, page 114.

Lots 108, 109, 110, 111, 78, 79, 90 and 91, Section 9, as shown on subdivision plat entitled “Final Plat, Section 9, Plat 9, lots 108 through 111 and 78, 79, 90 and 91 WHITTIER PND”, recorded among the Plat Records of Frederick County Maryland, in Plat Book 55, page 115.

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RETRICTIONS FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This Supplementary Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc. (“Supplementary Declaration”) is made this 8^th day of March 1995 by AUSHERMAN DEVELOPENT CORPORATION,  a Maryland Corporation (hereinafter referred to as the “Declarant”).

                                    WHEREAS, the Declarant has executed and recorded the Declaration of Covenants, Conditions, and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, and recorded among the Land Records of Frederick County, Maryland, in Liber 1613, folio 491 (hereinafter “Declaration”); and

                                    WHEREAS, Article VIII, Section I of the Declaration, as amended, reserves to the Declarant the right until the year 2010 without the approval of Class “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration; and

                                    WHEREAS, Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on EXHIBIT A hereto and made a part hereof. 

                                    NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION, WITNESSETH; that in accordance with the provisions of the Declaration, Declarant herby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

                                    IN WITNESS WHEREOF, the undersigned Declarant has executed those present on this 8th day of March 1995.

(Signatures)

 

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDTIONS AND RSTRICTIONS FOR WHITTIER ASSOCIATION, INC.

This Supplementary Declaration of  Covenants, Conditions and Restrictions for Whittier Community Association, Inc. (“Supplementary Declaration”) is made this 8^th day of March 1995, by AUSHERMAN DEVELOPMENT CORPORATION,  a Maryland Corporation, (hereinafter referred to as the “Declarant”).

                                    WHEREAS, The Declarant has executed and recorded the Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22, 1989 and recorded among the Land Records of Frederick County, Maryland, in Liber 1613, folio 491, (hereinafter “Declaration”); and

                                    WHEREAS, the terms of the declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83, and Liber 1783, folio 1325; and

                                    WHEREAS, ARTICLE VIII, SECTION I of the Declaration as amended, reserves to the Declarant the right until the year 2010 without the approval of Class “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration; and

                                    WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on Exhibit A attached hereto and made a part hereof.

                                    NOW THEREFORE, THIS SUPPLEMENTARY DECLARATION WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

IN WITNESS WHEROF, the undersigned Declarant has executed these presents on this 8^th day of March, 1995.

(Signatures)

XXXX (MISSING TEXT)

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WHITTIER COMMUNITY ASSOCIATION INC.

                                    This Supplementary Declaration of Covenants, conditions and Restrictions for Whittier Community Association, Inc. (“Supplementary Declaration”) is made this 16^th day of December 1999 by AUSHERMAN DEVELOPMENT COPROPRATION, A MARYLAND COPROPRATION (herein after referred to as “Declarant”).

                        WHEREAS, the Declarant has executed and recorded the
Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22. 1989, and recorded among the Land Records of Frederick County, Maryland. in Liber 1613, folio 491 (hereinafter “Declaration”); and

                        WHEREAS, the terms of the Declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83, Liber 1783, folio 1325, Liber 1813, folio 174, Liber 1882, folio 1261, Liber 1931, folio 1026, Liber 2010, folio 886, Liber 2080, folio 480,Liber 2083, folio 181, Liber 2128, folio 612, Liber 2136, folio 329, Liber 2224, folio 608, Liber 2317, folio 153, Liber 2317, folio 750, Liber 2414, Folio 10, Liber 2473, folio 12, Liber 2515, folio 1106, and Liber 2615, folio 874; and

                        WHEREAS, Article VIII, Section 1 of the Declaration, as amended, reserves to the Declarant the right until the year 2010, without the approval of Class “A” members, to annex and bring within the approval of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration; and

                        WHEREAS, the Declarant deems it necessary to execute and. record this Supplementary Declaration in order to subject the real property described on EXHIBIT “A” attached hereto and made a part hereof.

                        NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION, WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

IN WITNESS WHEREOF, the undersigned Declarant has executed these presents on this 16^th day of December 1999.

WITNESS:

(Signature)

EXHIBIT A

                        All that lot or parcel of land situate, lying and being in the City of Frederick, Frederick County, State of Maryland, and being more particularly described as follows:

                        Lot 1 as shown on & subdivision plat entitled "Final Plat, Section 1, Plat 1, Lot 1, WHITTIER PND”, recorded among the Plat Records of Frederick County, Maryland, in Plat Book 65, page 199.

 

SUPPLEENTARY DECLARATION OF COVENANTS, CONDTIONS, AND RESTRICITONS FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This Supplementary Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc. (“Supplementary Declaration”) is made this 9^th day of September 1996, by AUSHERMAN DEVELOPMENT CORPORATION, a Maryland Corporation (hereinafter referred to as the “Declarant”) .

WHEREAS, the Declarant has executed and recorded the Declaration of Covenants, Conditions and Restrictions (or Whittier Community Association, Inc., dated December 22, 1989, and recorded among the Land Records of Frederick County, Maryland, in Liber 1613, folio 491 (hereinafter “Declaration”); and

                        WHEREAS, the terms of the Declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83, Liber 1783, folio 1325, Liber 1813, folio 174, Liber 1882, folio 1267, Liber 1931. folio 1026, Liber 2010, folio 886, Liber 2080, folio 480, Liber 2083, folio 181, Liber 2128, folio 612, Liber 2136, folio 329, ; and

                        WHEREAS, Article VIII, Section 1 of the Declaration, as amendment  reserves to the Declarant the right until the year 2010, without the approval of Class “A” members, to annex and bring within the scheme of the Declaration of any portion of the real property described in Exhibit “A” of the Declaration; and

                         WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on exhibit “A” attached hereto and made a part hereof.  

                        NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION, WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on Exhibit “A” attached hereto and made a part hereto.

                        IN WITNESS WHEREOF, the undersigned Declarant has executed these presents on this 9th day of  September 1996.

(Signatures)

 

XXXX (text Missing)

 

EXHIBIT A

All those lots or parcels of land situate, lying and being in the City of Frederick, Frederick County, State of Maryland, and being more particularly described as follows:

Lots 1 through 6, inclusive, and Lots 88 through 98, inclusive, and all Open Space parcels as shown on a subdivision plat entitled “Final Plat, Section 2, Plat 1;  Lots 1 Thru 6 to Lots 88 Thru 98, WHITTER PND”, recorded among the Plat Records of Frederick County, Maryland in Plat Book 69, page 164.

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICITONS FOR WHITTIER COMMUNITY ASSOCIATION INC.

This Supplementary Declaration at Covenants, Conditions and Restrictions for Whittier community Association, Inc. ("Supplementary Declaration"' is made this 29^th day of June, 2001, by AUSHERMAN DEVELOPMENT CORPORATION, a Maryland corporation (he referred to as the “Declarant” WHEREAS, the Declarant has executed and recorded the Declaration at Covenants, conditions and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, and recorded among the Land Records of Frederick County, Maryland, in Liber 1613 folio 491 (hereinafter “Declaration”); and

                        WHEREAS, the terms of the Declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83, Liber 1783. folio 1325, Liber 1813, folio 174, Liber 1882. folio 1267, Liber 1931, folio 1026. Liber 2010, folio 886, Liber 2080, folio 480, Liber 2083, folio 181, Liber 2128, folio 612, Liber 2136. ,folio 329, Liber 2224, folio 608, Liber 2317. folio 753. Liber 2317. folio 750. Libor 2414, folio 10. L1bor 2473, folio 12. Liber 2515. folio 1106, Liber 2615, folio 874, Liber 2663, folio 35, and Liber 2874, folio,40; and

WHEREAS,  Article VIII, Section 1 of the Declaration. as amended reserves to the Declarant the right until the year 2010, without the approval of class “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration; and

                        WHEREAS the Declarant deemed it necessary to execute and record this Supplementary Declaration in order to subject the real property described on Exhibit “A” attached hereto and made a part hereof: and

                        WHEREAS, the real property described on EXHIBIT “A” was transferred by the Declarant unto Echo Glen Construction Company, a Maryland Corporation, by a Deed dated October 12, 2000, and recorded among the aforesaid Land Records in Liber 2769, folio 882; and

                        WHEREAS, Echo Glen construction Company joins herein for the purposes of consenting to the subjecting of the real property described on EXHIBIT “A” to the terms and conditions of the Declaration.

                        NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto, and Echo Glen Construction Company joins herein for the purpose of consenting to such annexation and subjecting of the real property described on EXHIBIT “A” to the Declaration.

                        IN WITNESSES WHEREOF, the undersigned Declarant and Echo Glen 2001.

(Signatures)

EXHIBIT A

                        All that lot or parcel of land situate, lying and being in the City of Frederick, Frederick County, State of Maryland, and being more particularly described as follows:

                        Lot 2 as shown on a subdivision plat entitled “Final Plat, Section 1. Plat 2. Lot 2, “WHITTIER PHD”, recorded among the Plat Records of Frederick County, Maryland, in plat Book 68, page 59.

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WHITTIER COMMUNITY ASSOCIATION, INC.

This Supplementary Declaration of Covenants, Conditions and Restrictions for Whittier  Community Association, Inc. (“Supplementary Declaration”) is made this 25^th day of June, 2001, by AUSHERMAN DEVELOPMENT CORPORATION, a Maryland Corporation (hereinafter referred to as the “Declarant”).

                        WHEREAS, the Declarant has executed and recorded the Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, and recorded among the Land Records of Frederick County, Maryland, in Liber 1613, folio 491 (hereinafter "Declaration"); and

                        WHEREAS the terms of the Declaration, have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 8l, Liber 1783, folio 1325, Liber 1813, folio 174, Liber 1882, folio 1267, Liber 1931, folio 1026" Liber 2010, folio 886, Liber 2080, folio 480, Liber 2083, folio 181, Liber 2128, folio 612, Liber 2136, folio 329, Liber 2224, folio 608, Liber 2317, folio 753, Liber 2317, folio 750, Liber 2414, folio 10, Liber 2473, folio 12. ,L1berI2515, folio 1106, Liber 2615, folio 874, Liber 2663, folio l5, Liber 2874, folio 40, and Liber 2907 folio 183; and

                        WHEREAS, Article VIII, Section 1 of the Declaration as amended. reserves to the Declarant the right until the year 2010, without the approval of Class “A” members, to annex and bring within the scheme of the Declaration all or  any portion of the real property described in Exhibit "A" of the Declaration; and

                        WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on EXHIBIT A attached hereto and made a part hereof.

                        NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION, WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

                        IN WITNESS WHEREOF, the undersigned Declarant has executed these presents on this 25^TH of June, 2001.

 

EXHIBIT A

                        All those lots or parcels of land situate, lying and being in the City of Frederick, Frederick County, State of Maryland, and being more particularly described as follows:

                        Lots 3 and 4 as shown on a subdivision plat entitled “Final Plat, Section 9, Plat 12, Lots 3 and 4, “WHITTIER PND”, recorded among the Plat Records of Frederick County, Maryland, in Plat Book 70, page 134.

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WHITTIER COMMUNITY ASSOCIATION, INC.

                        This Supplementary Declaration of Covenants, Conditions and Restrictions -for Whittier community Association, Inc. ("Supplementary Declaration") is made this 14^TH day of November 2001, by AUSHERMAN DEVELOPMENT CORPORATION, • Maryland Corporation (hereinafter referred to as the "Declarant"). WHEREAS, the Declarant has executed and recorded the Declaration of covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22. 1989. and recorded among the Land Records of Frederick County. Maryland, in Liber 1613, folio 491 (hereinafter "Declaration"); and

                        WHEREAS, the terms of the Declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83,  Liber 1783, folio 1325, Liber 1813, folio 174, Liber 1882, folio 1267, Liber 1931, folio 1026, Liber 2010, folio 886, Liber 2080. folio 480, Liber 2083, folio 181, Liber 212B, folio 612, Liber 2136, folio 329, Liber 2224, folio 608, Liber 2317. folio 753. Liber 2317, folio 750, Liber 2414, folio 10, Liber 2473, folio 12, Liber 2515, folio 1106, Liber 2615, folio 874, and Liber 2663, folio l5; and

                        WHEREAS. Article VIII, Section 1 of the Declaration, as amended, reserves to the Declarant the right until the year 2010, without the approval of Class "A" members, to annex and bring within the scheme of the Declaration ·all or any portion of the real property described in Exhibit "A" of the Declaration; and WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on EXHIBIT A attached hereto and made a part hereof.

                        NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

                        IN WITNESS WHEREOF, the undersigned Declarant has executed these presents on this 14^th day of November, 2001.

(Signatures)

EXHIBIT A

All those lots or parcels of land situate, lying and being in the City of Frederick, Frederick County, State of Maryland, and being more particularly described as follows:

 Lots 58 through 62, inclusive, and all Open Space parcels as shown on a subdivision plat entitled “Final Plat, Section 2, Plat 2. Lots 58 through 62, WHITTIER PND”, recorded among the Plat Records of Frederick County, Maryland, in Plat Book 70, page 76.

NO TAX PAYMENT REQUIRED

Treasurer of Frederick County Maryland TAX ID #02-258021; 02-258048; 02-258056; 02-258064; 02-258129;02-453231;02-453223;02-453215; 02-453207;02-4S3274;02~S3282;02-453290; 02-453304;02-453312;02-453258;02-453266

DECLARATION OF EASEMENT LANDSCAPE BUFFER AND ACCESS MAINTENANCE AGREEMENT ACROSS THE LANDS OF AUSHERMAN HOLDING CORPORATION AND AUSHERMAN HOMES, INC., WHITTIER PND

THIS DECLARATION OF EASEMENT ("Declaration"), is made this 11^th day of October 2007, by AUSHERMAN HOLDING CORPORATION, a Maryland corporation, formerly known as Ausherman Development Corporation. and AUSHERMAN HOMES, INC., a Maryland corporation (hereinafter referred to as "Declarants"). WHEREAS, Ausherman Homes, Inc., a Maryland Corporation, is the fee simple Owner of Lots 147 through 150, Lots 174 through 177, which lots are located in the Whittier Planned Neighborhood Development, situated in the City of Frederick, Frederick County, Maryland, and more particularly described below; and WHEREAS, Ausherman Holding Corporation, a Maryland corporation, formerly known as Ausherman Development Corporation, is the fee simple Owner of Lots 171 through 173 and Lots 178 through 182, which lots are located in the Whittier Planned Neighborhood Development, situated in the City of Frederick. Frederick: County, Maryland; and

                        WHEREAS, Lot 147 is a part of the real property conveyed unto Ausherman Homes,. Inc., a Maryland corporation, by a Deed from Ausherman Holding Corporation, formerly known as Ausherman Development Corporation, a Maryland corporation, dated August 18, 2006, and recorded among the Land Records of Frederick County, Maryland, in Liber 6186, folio 540; Lots 148 through150 are a part of the real property conveyed unto Ausherman Homes, Inc., a Maryland Corporation, by a Deed from Ausherman Holding Corporation, formerly known as Ausherman Development Corporation, a Maryland corporation, dated December 1, 2006, and recorded among the aforesaid Land Records, in Liber 6341, folio 233; Lots 174 through 177 are a part of the real property conveyed unto Ausherman Homes, Inc., a Maryland Corporation, by a Deed from Ausherman Holding Corporation, formerly known as Ausherman Development  Corporation, a  Maryland Corporation, dated March 9, 2001, and recorded among the aforesaid Land Records, in Liber 6509, folio 731; and Lots 171 through 173 and lots 178 through 182 are a part of the real property conveyed unto Ausherman Development Corporation, a Maryland corporation, by a Deed from Linwood T. Offutt and Helen W. Offutt, his wife, dated July 1, 1988 and recorded among the aforesaid Land Records in Liber 1491, folio 759 (collectively referred to as the Plats); and

                        WHEREAS, Lots 171 through 174 and Lots 181 through 182 are shown on a final plat entitled "Final Plat, Section 9, Plat 15, Lots 156-159, 167-174 & 181-182, WHITTIER PND," recorded among the Plat Records of Frederick County, Maryland, in Plat Book 80, at page 97; Lots 176, 177, 178, 179. and 180 are shown on a Final plat entitled "Final Plat, Section 9, Plat 17, Lots 176, 180 & 183-188. WHITTIER PND". recorded among the aforesaid Plat Records, in Plat Book 80. at page 117; and. Lots 147, 148, 149. 150, and 115 are shown on a final plat entitled; “Final Plat. Section 9, Plat 14, Lots 147-155 & 175, WHITTIER PND” recorded among the aforesaid Plat Records, in Plat Book 78, page 183 (collectively referred to as the "Plats"); and WHEREAS, the Lots contain or will contain, certain standard fencing ("Fencing"), and certain shrubs, flowers, grasses and other plant material(s} planted or to be planted within landscaping and or planting beds, in the landscape buffer easements, as shown and described on EXHIBIT “A” attached hereto and made a part hereof, and as shown on plant plans entitled, "Fence and Landscape Buffer Plan Whittier PND, Section 9R", prepared by Fox & Associates, Inc., dated August 2007, sheets one and two, which will be on file at the Whittier Community Association administrative office(s) ("Planting Beds"), which Fencing and Planting Beds are intended to benefit the Lot Owners and the Whittier Community Association, Inc. (" Association"); and WHEREAS, the Fencing and Planting Beds (collectively the Fencing and the Planting Beds shall be referred to as the "Landscape Improvements") are or will be located within the landscape buffer easements on the Lots, as shown on EXHIBIT A; and

                        WHEREAS, the Declarants wish to establish and reserve, for themselves, and for future Owners of said Lots, and for the benefit of the Association. (i) a landscape easement(s) for the purpose of repairing, replacing, removing, and/or maintaining the Landscape Improvements located or to be located within the easement area(s), as shown and described on EXHIBIT A; and, (ii) a landscape access easement for the purpose of repairing, replacing, removing, and/or maintaining the Landscape Improvements located or to be located within the easement area(s), as shown and described on EXHIBIT A;

                        WHEREAS, the Declarants; have determined it to be in the best interests of the future Owners of the affected Lots that a landscape easement and a landscape access easement be established and a maintenance, repair, and general agreement of the future Owners' rights be formalized for the easement area(s); and

                        WHEREAS the Declarants now wish to reduce the same to a written formal declaration. to be recorded among the Land Records of Frederick County, Maryland.

WITNESSETH

1. The recitals set forth hereinabove are hereby incorporated into this Declaration as a part hereof, and the recitals accurately reflect the intention of the Declarants and the facts recited therein.

2. This Declaration is one which binds the Declarants as the Owners of the Lots and their respective successors and assigns, including any amendments or re-subdivisions of the Lots; and accordingly, this Declaration is both to benefit the titles of the Lots, and burden the tides of the Lots, in the manner described herein in perpetuity and shall, as to both benefits and burdens. run with the land and titles to the Lots.

3. The Declarants do hereby establish and reserve a non-exclusive and perpetual easement(s) for the benefit of the Lots, on, over, and across those portions of the Lots lying in the area designated as the ·'Landscape Buffer Easement", as shown and described on EXHIBIT A (hereinafter called the "Easement Area"), for the purposes of providing replacement, repair, removal, and or maintenance of the Landscape Improvements in the Basement Area and for purposes of installing, maintaining, repairing. removing. and/or replacing the Landscape Improvements, which are located or will be located in the Easement Area from time to time.

4. The Declarants do hereby establish and reserve a non-exclusive and perpetual easement(s) for the benefit of themselves and the Association, and their respective successors and assigns, and their respective agents, employees and independent contractors, on, over. and across those portions of the Easement Area for the purposes of maintaining. repairing, replacing. removing. inspecting. operating, using and otherwise caring for the Landscape Improvements, in the event the Lot Owners do not maintain, repair, or replace the Landscape Improvements, as required in paragraph 6. The Association and the Declarants, and their respective agents. employees and independent contractors, shall have access to the Easement Area for the purposes named herein, including, without limitation, the right to bring construction equipment, materials vehicles and personnel into the Easement Area as set forth in Ibis paragraph 4; provided, however. that the Association and the Declarants shall take reasonable steps to minimize any damage to the Lots, or inconvenience to the Lot Owners, as a result of the exercise of such rights and privileges of the Association or the Declarants, as set forth in paragraph 6.

5. Notwithstanding any provision to the contrary, each Lot Owner shall be solely responsible for the maintenance, repair, removal, and/or replacement of the Landscape Improvements located within the Easement Area, which Landscape Improvements are located on that certain Owner's Lot, including, without limitation, the Fencing and Planting Beds. Each Lot Owner shall maintain all portions of the Easement Area, in a good state of repair, and in a safe and orderly condition. free and clear of all trash, yard waste and other debris; and each Lot Owner shall be responsible for mowing. pruning, watering and otherwise caring for all trees, shrubs, flowers, grasses, and any other plant materials, and fencing, as may now or hereafter be located within the Easement Area.

6. If any such Lot Owner fails to maintain, repair, replace, and/or remove any Landscape Improvement on its particular Lot. as contemplated herein, the Association or the Declarants may, in their discretion, make a determination(s) regarding the need for and the extent of any other maintenance, repair, replacement, and/or removal of any Landscape Improvements. Following such a determination, the Association or the Declarants. and their respective successors and assigns, shall be entitled to perform, or cause to be performed any repair, Like-kind replacement, removal, and/or maintenance of the Landscape Improvements located in the Easement Area, after giving at least ten (10) days prior written notice of their determination ('Notice") to any Lot Owner(s); and shall notify the Lot Owner(s) after performing any work in the Easement Area, of the cost and expense thereof by delivering a copy of the bills or statements therefore to the Lot Owner(s), together with a request for payment. Payment of bills or statements for all such maintenance work shall be payable within thirty (30) days of written receipt of such request by the Association or the Declarants. or their respective successors and assigns. The failure of any Lot Owner to make appropriate payment for maintenance work performed and properly billed will allow the Association or the Declarants. their respective successors and assigns, to seek recovery in accordance with the Association’s Collection policy, as set forth in a Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., as amended from time to time, and recorded among the aforesaid Land Records, in liber 1613, folio 491. Lot Owners' acknowledge and agree that the easements herein granted and created are for the use and benefit of the Lot Owners, and the Association and the Declarants, their customers, guests, and invitees, and that Frederick City has no obligation to repair or maintain said Easement Areas.

7. If the Association or the Declarants do repair, replace, remove and/or maintain any portion of the Easement Area in the event of any Lot Owner's failure to do the same, as set forth in paragraph 6., the Association or the Declarants: (i) shall minimize any damage to the Lots or inconvenience to the Lot Owners as a result of such action; and, (ii) at the affected Lot Owner's sole expense, shall restore, as nearly as possible, the Easement Area to its original condition, including the reseeding of lawns and grassy areas, which were disturbed during the repair, replacement, removal, and/or maintenance of the Easement Area.

8. The Lot Owners shall make no use of, and shall take no action with respect to the Easement Area which shall interfere or otherwise be inconsistent with the use of the Easement Area for the purposes provided for herein. The Lot Owners shall not remove, modify, damage or otherwise disturb the Landscape Improvements, except for watering, pruning, mowing, or otherwise caring for the Landscape Improvements, and make no alteration, improvement, excavation, grading. or other material change to the Easement Area without the prior written consent of the Association or the Declarants. The Lot Owners shall repair, replace, and/or maintain the Landscape Improvements with like kind materials or materials of similar shape, size, and color as approved by the Declarant or the Association, unless otherwise approved by the Association or the Declarants.

9. At such time as the Declarants' sales and marketing activities for the Lots have ceased or are terminated by the Declarants, the Declarants shall have no authority to perform, or cause to be performed, any repair, replacement, removal, and/or maintenance of the Landscape Improvements located in the Easement Area, and shall have no obligation to repair, replace. remove and/or maintain any portion of the Easement Area in the event of any Lot Owner's failure to do the same, as set forth in paragraph 6.

10. The Declarants acknowledge a common Ownership to the Lots and the easements granted herein. It is the intention of the Declarants that such common Ownership of the fee simple interest of the Lots, and the easements granted herein shall not extinguish or eliminate such easements; and, therefore, the Declarants specifically waive for themselves and for any future Owners of the Lots, and the easements granted herein, their respective successors and assigns, the principles of common law merger. It is the intention of the Declarants that at the time of conveyance of a fee simple interest in and to each of the Lots, or any portion thereof, that the Declarants shall reserve the easements described herein to themselves, their respective successors and assigns, of said benefited Lots.

11. This Declaration shall be binding and shall inure to the benefit of the Declarants, and their respective successors and assigns in interest to the Lots.

12. Invalidation of anyone or more of these covenants by judgment or court order shall in no way affect any of the other covenants contained herein. which shall remain in full force and effect.

13. All notices and other communications under this Declaration shall be sent (i) by personal delivery with a signed receipt; (ii) by reputable commercial overnight delivery service, with a signed receipt; or (iii) by first-class registered or certified mail, return receipt requested, postage prepaid All notices and other communications shall be in writing and shal1 be deemed to have been given (i) on the date evidenced by the signed receipt if by personal deli very or by reputable commercial overnight delivery service; or (ii) on the date evidenced by the return receipt if by registered or certified mail; provided, however. that all notices of a change of address shall be deemed to have been given when received. Each party hereto shall be responsible for notifying the other of its address or any changes in its address for purposes of this Declaration. If any date upon which action is required under this Declaration shall be a Saturday. Sunday. or legal holiday, the date of such action shall be extended to the first regular business day after such date which is not a Saturday, Sunday, or legal holiday.

14. This Declaration shall not be modified or amended except by an instrument duly executed by Declarants, their respective successors and assigns, which instrument shall be recorded among the Land Records of Frederick County, Maryland.

15. This Declaration shall be construed and enforced in accordance with the laws of the State of Maryland.

 

(Signatures)

WITNESS

 I HEREBY CERTIFY that on this 11^th day of October, 2007, before me, the Subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Marvin E. Ausherman, President of Ausherman Holding Corporation, a Maryland corporation, formerly known as Ausherman Development Corporation, and he did acknowledge the foregoing instrument to be the act and deed of Ausherman Holding Corporation, a Maryland corporation, formerly known as Ausherman Development Corporation, as said President, and he did further certify that he is authorized to make this acknowledgment as President of Ausherman Holding Corporation, a Maryland corporation, formerly known as Ausherman Development Corporation.

(Missing Original Page)

WEST GREENLEAF DRIVE SHEET 1 OF J LANDSCAPE BUFFER EASEMENT ACROSS THE LANDS OF AUSHERMAN HOLDING CORPORATION FORMERLY KNOWN AS AUSHERMAN DEVELOPMENT CORPORATION LIBER 1497 FOLIO 7~9 (AS TO LOTS 178· (82) AND AUSHERMAN HOMES, INC. LIBER 6509 FOLIO 731 (AS TO LOTS 176 & (77) SITIJA TED ALONG BUXTON TERRACE CITY ' OF FREDERICK. ELECTION DISTRICT No. 2 FREDERICK COUNTY. MARYLAND FOX & ASSOCIATES, INC. DISTRICT  AND LIBER 6347 FOLIO 233 (LOTS 148-150) SITUATED ALONG WEST .GREENLEAF DRIVE CITY OF FREDERICK, ELECTION DISTRICT No. 2 SHEET 1 OF 3 FREDERICK COUNTY, MARYLAND ; RADIUS LENGTH LANDSCAPE BUFFER EASEMENT ACROSS THE LANDS OF AUSHERMAN HOLDING CORPORATION FORMERLY KNOWN AS AUSHERMAN DEVELOPMENT Corporation NUMBER 1497 FOLIO 75 (AS TO LOTS 171 - 173) AND AUSHERMAN HOMES, INC. LIBER 6509 FOLIO 731 (AS TO LOTS 174 Ii 175) SITUATED ALONG BARRETT COURT SHEEr 2 OF 3 CITY OF FREDERICK. ELECTION DISTRICT No. 2 FREDERICK COUNTY. MARYLAND FOX & ASSOCIATES, INC. I DISTRICT 2, Frederick Maryland, in Liber 1613, folio 491, (hereinafter "Declaration"); and WHEREAS, the terms of the Declaration have been amended by Supplementary Declarations recorded' among the aforesaid Land Records in Liber 1658, folio 83, Liber 1783, folio 1325, Liber 1813, folio 174, Liber 1882, foll0 1267, Liber 1931, folio 1026, Liber 2010, folio 886, Liber 2080, folio 480, Liber 2083, folio 181, Liber 2128, folio 612, and Liber 2136, folio 329; and

                        WHEREAS, Article VIII, Section 1 of the Declaration, as amended, reserves to the Declarant the right until the year 2010, without the approval of Class -AM members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit "AM of the Declaration; and WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on EXHIBIT A attached hereto and made & part hereof.

                        NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION, WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

                        IN WITNESS WHEREOF, the undersigned Declarant has executed these presents on 31^st day of July, 1996.

(Signatures)

 Supplementary Declaration for the property known as Whittier, PND, and by the sign of its authorized 819natoriea, does hereby consent to annex and bring within these of the Declaration the real property described on Exhibit A hereto a legal title holder of the therein described property and does hereby further agree that the these contained shall survive any sale under its (1) Deed of Trust and security Agreement, dated September 30, 1988, and recorded among the Land Records of Frederick County, Maryland in Liber 1516, folia 252, a. modified in Liber 1876, folio 419, Liber 2090, folio 271, recorded among the afore said Land Records, 4S amended in Liber 2186, folio 311, recorded among the aforesaid Land Records, and as supplemented in Liber 2186, folio 449, on the aforesaid Land Records. WITNESS. NATIONSBANK, Successor to MARY  I HEREBY CERTIFY that on this day of September, 1996, before me, the Subscriber, a Notary Public in and for the State and county aforesaid, personally appeared William E. Eyring, Jr., Trustee for NationsBank, successor to Maryland National Bank, successor to Equitable Bank, National Association, and he did acknowledge the foregoing instrument to be the act, and deed of NationsBank, as said Trustee, and he did further certify that the authority to make this acknowledgment on behalf of NationsBank, to  NOTARY PUBLIC  I HEREBY CERTIFY that on this_____ day of ______1996, before me, the Subscriber, a Notary Public in and for that state and county aforesaid, personally appeared William A. Kulick, Trustee for National Bank; Maryland National Bank, National Allocation, and he did acknowledged the foregoing instrument be act of National Bank, aforesaid Trustee and he did further certify that he authorized to make this acknowledgment on behalf of National Bank, to Maryland National Bank, or to Equitable Bank, National Association.

(Signatures)

The undersigned lienholders do hereby agree and consent to the aforesaid Supplementary Declaration for the property known as Whittier, PND, and by the signature of their Trustee, do hereby consent to annex and bring within the scheme of the Declaration the real property described on Exhibit A hereto as legal title holders of the therein described property, and do hereby further agree that the term contained herein shall survive any sale under their Deed of Trust recorded in L1ber 1497, foll0 765, as modified by an Agreement To Modify Deed of Trust recorded among the aforesaid Land Records 1n L1ber 1516, folio 2271 as amended by an Amendment to Deed of Trust recorded among the aforesaid Land Records in L1ber 1687, folio 820; as modified by a Modification of Amendment to Deed of Trust recorded in L1ber 1691, folio 740, among the aforesaid Land Records; and as further modified by a Third Amendment to Deed of Trust recorded in Liber 1837, folio 591, among the aforesaid Land Records.

(Signatures)

Declaration have been amended by Supplementary Declaration recorded among the aforesaid Land Records in Libor 1658, folio 8l, Liber 178l, folio 1l25,LLber 1813, fo110 174, Libor 1882, fo110 1261, L1.ber 1931, foll0 1026, Liber 2010, folio 886, Liber 2080, foll0 480, Liber 208l, folio 181, Liber 2128, folio 612, L1ber 2136, foll0 329, and Liber 2224, folio 608, and

                        WHEREAS, Article VIII, Section 1 of the Declaration, as amended, to the Declarant the right until the year 2010, without the approval of class “A” members, to annex and within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration; and

                        WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on EXHIBIT A attached hereto and made a part hereof.

 

                                    NOW THEREFORE, THIS SUPPLEMNTARY DECLARATION WITNESSETH; That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants; conditions, and restrictions contained in the Declaration as amended, that real property as more fully described in EXHIBIT A, attached hereto.

                                    IN WITNESS WHEREOF, the undersigned Declarant has executed these presents on this 3^rd day of May 1998.

(Signatures)

EXHIBIT A

All those lots or parcels of land situate, lying and being in the city of Frederick, Frederick County, State of Maryland, and being more particularly described as follows;

Lots 125 through 136 inclusive, and all open space parcels as shown on a subdivision plat entitled “Final Plat, Section 9 Plat 6, Lots 125 through 136, WHITTIER PND”, recorded among the Plat Records of Frederick County, Maryland, in Plat Book 62, page 168.

(Missing Text)

                                    WHEREAS, the Declarant has executed and recorded the Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22,1989, and recorded among the Land Records of Frederick County, Maryland, in Liber 1613, folio 491 hereinafter “Declaration” and

                                    WHEREAS, the terms of the Declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83, Liber 1783, folio 1325, Liber 1813, folio 174, Liber 1882, folio 1267, Liber 1931, folio 1026, Liber 2010, folio 886, Liber 2080, folio 480, Liber 2083, folio 181, Liber 2128, folio 612, Liber 2136, folio 329, and Liber 2224, folio 608; and

                                    WHEREAS, Article VIII, Section 1 of the Declaration, as amended, reserves to the Declarant the right until the year 2010, without the approval of Class "A" members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit “A” of the Declaration; and WHEREAS, the Declarant deems it necessary to execute ,and record this Supplementary Declaration in order to subject the real property described on EXHIBIT A attached hereto and made a part hereof.

                                    NOW, THEREFORE, THIS SUPPLEMENTARY DECLARATION WITNESSETH:

That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained In the· Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

IN WITNESS WHEREOF, the undersigned Declarant bas executed these presents on this 10^th day of December 1998.

(Signatures)

EXHIBIT A

All those lots or parcels of land situate, lying and being in the City of Frederick, Frederick County. State of Maryland and being more particularly described as follows:

Lots 32, 33, and 139 through 142, inclusive  through 31, inclusive; as shown on a subdivision plat entitled :Final Plat, Section 9, Plat 7, Lots 32, 33, and 139 through 142, WHITTIER PND”, recorded among the Plat records of Frederick County, Maryland in Plat Book 64, page 118.

Conditions and Restrictions for Whittier Community  Association, Inc. (“Supplementary Declaration”) is made this __ day of ___ 1998, by AUSHERMAN DEVELOPMENT CORPORATION, a Maryland corporation (hereinafter referred to as the “Declarant”,. WHEREAS, the Declarant has executed and recorded the Declaration of Covenant., Conditions and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, and recorded among the Land Record. of Frederick County, Maryland, in Liber 1613, folio 491 (hereinafter “Declaration”), and WHBREAS, the terms of the Declaration have been “ended by Supplement” Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83, Liber 1783, folio 1325·, Liber 1813, folio 174, Liber 1882, folio 1267, Liber 1931, folio 1026, Liber 2010, folio 886, Liber 2080, folio 480, Liber 2083, fo110 181, Liber 2128, folio 612, Liber 2136, folio 329, L1ber 2224, folio 608, L1ber 2317, folio 753, Liber 2317, folio 750, Lib8r 2414, folio 10, and Liber 2473, folio 12, and

WHEREAS, Article VIII, Section 1 of the Declaration, as amended, reserves to the Declarant the right until the year 2010, without the approval of Class “A” members, to annex and bring within the schema of the Declaration all or any portion of the real property described in EXHIBIT A of the Declaration and

                                    WHEREAS, the Declarant deems it necessary to execute and record this Supplementary Declaration 1n order to subject the real property described on EXHIBIT A attached hereto and part hereof.

                                    NOW, THEREFORE THIS SUPPLEMENTARY DECLARATION, WITNBSSETH

                                    That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration, as amended, that real property as more fully described on EXHIBIT A, attached hereto.

                                    IN WITNESS WHEREOF, the undersigned Declarant has executed these presents on this ____day of ___ 1998. STATE OF MARYLAND, COUNTY

(SIGNATURES)

EXHIBIT A

Lots 32, 33,139 through 142, inclusive, “Final Plat, section 9, plat 7, Lot. 32, 33 5 139 thru 142, WHITTIER PHD”, recorded among the Plat Land Records of Frederick County, Maryland, 1n Plat Book 64, page 118.  DEVELOPMENT CORPORATION, a Maryland corporation (hereinafter referred to as the “Declarant”). WHEREAS, the Declarant has executed and recorded the Declaration of Covenants, Conditions and Restrictions for Whittier Community Association, Inc., dated December 22, 1989, and recorded among the Land Records of Frederick County. Maryland, in Liber 1613, folio Hereinafter “Declaration"); and

                                    WHEREAS, the terms of the Declaration have been amended by Supplementary Declarations recorded among the aforesaid Land Records in Liber 1658, folio 83, Liber 1783, folio 1325, Liber 1813, folio 17., Liber 1882, folio 1267, Liber 1931, folio 1026, Liber 2010, folio 886, Liber 2080, folio 480, Liber 2083, folio 181. Liber 2128, folio 612. Liber 2136, folio 329, Liber 2224, folio 60B, Liber 2317, folio 753, Liber 2317. folio 750, Liber 2414, folio 10, Liber 2473, folio 12 , and Liber 2515, folio 1106; and

                                    WHEREAS, Article VIII, Section 1 of the Declaration. as amended, reserves to the Declaration the right until the year 2010, without the approval of Class “A” members, to annex and bring within the scheme of the Declaration all or any portion of the real property described in Exhibit A” of the Declarations and

                                    WHEREAS the Declarant deems it necessary to execute and record this Supplementary Declaration in order to subject the real property described on EXHIBIT A attached hereto and made a part hereof.

                                    NOW, THEREFORE THIS SUPPLEMENTARY DECLARATION, WITNESSETH: That in accordance with the provisions of the Declaration, Declarant hereby annexes and subjects to all covenants, conditions and restrictions contained in the Declaration. as amended, that real property as more fully described on EXHIBIT A, attached hereto.

                                     IN WITNESS WHEREOF the undersigned Declarant has executed these presents on this __ day of ___1999.

(Signatures)

EXHIBIT A

All those lots or parcels of land situate, lying and being in the City of Frederick, Frederick County, State of Maryland, and being more particularly described as follows: Lots 306 through 349, inclusive, and all Open Space parcels as shown on a subdivision plat entitled “Final Plat section 14, Plat 2, Lots l06 thru 349, WHITTIER PHD”, recorded among the Plat Records of Frederick County, Maryland, is Plat Book 66. page 23. Lots l58 through 365, inclusive and all Open Space parcels as shown on a subdivision plat entitled “Final Plat, Section 14, Plat 3. Lots 158 thru 365, WHITTIER PND, recorded among the Plat Records of Frederick County.