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NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares that the real <br /> property described on Exhibit "A" shall be held, transferred, sold, conveyed and occupied subject <br /> to the conditions, restrictions, easements, charges and liens hereinafter set forth, which covenants, <br /> restrictions and easements shall run with the real property described on Exhibit "A" and be <br /> binding on all parties having any right, title, interest in the hereinafter described properties or any <br /> part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner <br /> thereof. <br /> ARTICLE I <br /> Definitions <br /> 1.1 Definitions The following words, when used in this Declaration, shall have the <br /> following meanings: <br /> (a) "Declarant" shall mean and refer to Richard S. Carlson and Associates, a <br /> L.L.P. organized and existing under the laws of the State of Minnesota, its successors and <br /> assigns. <br /> (b) "Developer" shall mean and refer to the Declarant. <br /> (c) "Development Agreement" shall mean and refer to the Development <br /> Agreement between the Declarant and the City of Centerville as the same may be amended <br /> or modified by the City of Centerville from time to time. <br /> (d) "Living i Init" shall mean and refer to a residential housing unit consisting of a <br /> group of rooms and hallways and attached garage which are designed and intended for use <br /> as living quarters for one family and located or to be located upon one Lot. <br /> (e) "Jot" shall mean and refer to any tract or parcel of land designated as a Lot <br /> shown upon any recorded plat or subdivision map of the Property with the exception of <br /> any tracts or parcels designated as Outlots. <br /> (f} "Mortgage" shall mean refer to any mortgage or other security instrument by <br /> which a Lot, or any part thereof, or any structure thereon, is encumbered. <br /> (g) Mortgagee shall mean any person or entity named as the mortgagee under <br /> any Mortgage, or any successors or assigns to the interest of such person or entity under a <br /> Mortgage. <br /> (h) "Owner" shall mean and refer to the record Owner, whether one or more <br /> persons or entities, of a fee simple title to any Lot (excluding, however, contract sellers <br /> and including in place thereof their contract purchasers) and excluding any person having <br /> such interest merely as security for the performance of an obligation. <br /> (i) "Private Driveway" shall mean and refer to access driveways from public <br /> streets to the Livin g Unit. <br /> 2 <br />