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and that the Property shall be owned, used, occupied, and conveyed subject to the covenants, <br /> restrictions, easements, charges, and liens set forth herein, all of which shall be binding upon all <br /> Persons owning or acquiring any right, title or interest herein, and their heirs, personal <br /> . _ representatives, successors and assigns. <br /> SECTION 1. <br /> DEFINITIONS <br /> The following words when used in the Governing Documents shall have the following <br /> meanings(unless the context indicates otherwise): <br /> 1.1 "Association" means the l__ Yew TOWl Homeowner's Association, Inc., a non- <br /> profit corporation which has been created pursuant to -Chapter 317A of the laws of the State of <br /> Minnesota and Minnesota Statutes Section 515B.3-101, whose members consist of all Owners as <br /> defined herein. <br /> 1.2 ". means the Board of Directors of the Association as provided for in the By- <br /> Laws. �1A1 <br /> 1.3 "By-Laws" means the By-Laws governing the operation of the Association, as <br /> amended from time to time. <br /> 1.4 "Common Elements" means all parts of the Property except the Units, including all <br /> improvements thereon, owned by the Association for the common benefit of the Owners and <br /> Occupants. The Common Elements are legally described in Exhibit"B"attached hereto. <br /> 1.5 "Common xpense? means and include all expenditures made or liabilities incurred <br /> by or on behalf of the Association and incident to its operation, including without limitation <br /> allocations and to reserves those items specifically identified as Common Expenses in this Declaration <br /> or By-Laws. <br /> 1.6 larant"means Carl J. Smith, Jr., and Colleen V. Smith, 19513 Stal Hwy 371 <br /> Brained,MN 56401 <br /> 1.7 "Declaration" means this Declaration of Covenants, Conditions, Restrictions and <br /> Easements for Common Interest Community Number _ __ for Tra mwwTOWnhoun <br /> 1.8 "Dwelling"means a part of a building consisting of one or more floors, designed and <br /> intended for occupancy as a single family residence, and located within the boundaries of a Unit, and <br /> the Limited Common Elements assigned to the Unit. The Dwelling includes any garage attached <br /> thereto or otherwise included within the boundaries of the Unit in which the Dwelling is located. <br /> 2 <br />