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1.26 "First Mortgage" means any mortgage or deed of trust on a Lot which has
<br />priority over all other mortgages and deeds of trust on the same Lot.
<br />1.27 "First Mortgagee" means the holder or beneficiary of any First Mortgage.
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<br />1.28 "HOPA" means the Housing for Older Persons Act (42 USC § 3607(b)(2)(C)), as
<br />amended from time to time and all federal regulations applicable thereto.
<br />1.29 "Improved Lot" means a Lot on which a completed Residence is situated. For
<br />purposes of this Declaration, a Residence shall be deemed completed when a Certificate of
<br />Occupancy or similar permit has been issued for the Residence by the City of Grand Island.
<br />1.30 "Improvement" means: (a) any Residence, building, fence, or wall; (b) any
<br />swimming pool, tennis court, playground equipment, or basketball goal, backboard, or apparatus;
<br />(c) any road, driveway, or parking area; (d) any trees, plants, shrubs, grass, or other landscaping
<br />improvements of any type and kind; (e) any statuary, fountain, artistic work, craft work, figurine,
<br />or ornamentation of any type or kind; and (f) any other structure of any type, kind, or nature.
<br />Improvement does not include any repair or replacement of any then- existing improvement that
<br />does not materially alter its exterior appearance.
<br />1.31 "Lot" means a parcel of land within the Project designated as a "lot" on the Plat,
<br />whether improved or unimproved, intended for independent ownership and use, and any
<br />Residence, building, structure, or other Improvement situated thereon.
<br />1.32 "Maintenance" means care, inspection, maintenance, operation, repair,
<br />repainting, remodeling, restoration, improvement, renovation, alteration, replacement, and
<br />reconstruction.
<br />1.33 "Maintenance Standard" means the standard of Maintenance of Improvements
<br />situated on Lots established from time to time by Board or, in the absence of any standard
<br />established by the Board, the standard of Maintenance of Improvements situated on Lots
<br />generally prevailing throughout the Project.
<br />1.34
<br />Section 8.12.
<br />"Member" means any Person who is a member of the Association as provided in
<br />1.35 "Occupant" means any Person other than an Owner who has actual use,
<br />possession, or control of a Residence or any portion thereof. A guest or invitee occupying a
<br />Residence shall not be considered an "Occupant" for purposes of this Declaration.
<br />1.36 "Owner" means the record owner, whether one or more Persons, of beneficial or
<br />equitable title (and legal title if the same has merged with the beneficial or equitable title) to the
<br />fee simple interest of a Lot. Owner shall not include Persons having an interest in a Lot merely
<br />as security for the performance of an obligation. Owner shall include a Purchaser under a
<br />Recorded contract for the conveyance of real property subject to the provisions of Nebraska real
<br />estate law. Owner shall not include a Purchaser under an unrecorded purchase contract and
<br />receipt, escrow instruction, or similar executory contract intended to control the rights and
<br />obligations of the parties to the executory contract pending the closing of a sale or purchase
<br />transaction. In the case of a Lot subject to a deed of trust pursuant to Nebraska Statutes, the
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