04 - Staff Report - Conditional Use Permit Wilderness Resort Villas

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(c) "Declarant" shall mean and refer to Wilderness Resort Villas L.L.C., a Minnesota limited liability company, and its successors and assigns, if(i) any such successor or assign should acquire more than one undeveloped Lot from the Declarant for the purpose of development and the instrument of conveyance recites that such successor or assign has acquired all of the rights and obligations of the Declarant; or (ii) such rights and obligations pass to such successor or assign by operation of law, (d) "Declaration," shall mean this Declaration of Covenants, Conditions, Restrictions, and Easements as from time to time amended in accordance with the provisions hereof. (e) "First Mortgagee" shall mean the Owner or holder of a mortgage (or deed of trust) which is a first lien on any Lot. (f) "Unit" shall mean any structure situated on the play, of Wilderness Resort Villas and designed and intended for use and occupancy. (g) "Wilderness Resort Villas" or"Properties" shatl mean all rties at any time subject to this Declaration, pursuant to Article H hereof. (h) "Lot" shall mean a separately-designated pare of real property (together with a boat slip) as shown upon a plat of the Properties upon which its situated, or intended to be situated. A "Unit or Lot" shall not be construed to on Ara even though the Common Area is identified as a lot on the plat. 4, � (i) "Member" shall mean a 'r to Owners who are Members of the Association as provided in Article HL Section 4*reof (j) "Owner" shall mean 66'W4&�,or'contract vendee, whether one or more persons or entities, of a fee simple title-ft any Lat situated upon the Property,but excluding contract vendors and others having such mist merdy as security for the performance of an obligation. ARTICLE H. PitbVEWT SUBJECT TO THIS DECLARATION i Section 1. Pro e . The real property which is and shall be initially held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Pequot Lakes, County of Crow Wing and State of Minnesota, and is legally described on the attached Exhibit A. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is the record Owner of a fee or undivided fee interest in any Lot shall be deemed to be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot subject to assessment by the Association. The foregoing is not intended to include persons who hold an interest merely to secure the performance of an obligation, and the giving of a mortgage interest shall not terminate the 5