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WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota, Minnesota Statues Chapter 317A, as a nonprofit corporation, Carriage Hill Homeowners Association, Inc. for the purpose of exercising these functions; NOW, THEREFORE, Declarant declares that the real property described in Section 1.1.21 hereof is, and shall be, held, transferred, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions"), which covenants and restrictions shall run with the real property and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. I Definitions. The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings: 1.1.1 "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of the Association as they may exist from time to time. 1.1.2 "Assessment" shall mean and refer to those charges made by the association from time to time, against each Lot within the. Property for the purposes, and subject to the terms, set forth herein. 1.1.3 "Association" shall mean and refer to Carriage Hill Homeowners Association, Inc. a Minnesota non-profit corporation, and its successors and assigns. 1.1.4 "Board" or 'Board of Directors" shall mean and refer to the board of directors of the Association, which is the governing body of the Association. 1.1.5 "By -Laws" shall mean and refer to the by-laws of the Association as they may exist from time to time. 1.1. b . "City" shall mean the City of Orono, Minnesota, a municipal corporation under the laws of the State of Minnesota. 1.1.7 "Common Expenses" shall mean and refer to all expenses lawfully made or incurred by or on behalf of the Association in connection with the performance of any obligation or function of the Association hereunder or under the Articles of Incorporation or the Bylaws. 1.1.8 "County" shall mean and refer to Hennepin County, Minnesota. 1.1.9 "Carriage Hill. " The plat in which the property subject to this Declaration is located. 2