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20050161'7 3. ASSESSMENT shall mean an annual assessment, special assessment, and/or maintenance charge. 4. ASSESSMENT LIEN shall mean the lien created and imposed by article IV. 5. ASSOCIATION shall mean Harder Estates Subdivision Association, its successors and assigns. 6. BOARD shall mean the board of directors of the Harder Estates Subdivision Association. 7. BYLAWS Shall mean the bylaws of the association and any amendments or supplements to such bylaws. 8. DECLARANTS shall mean Joyce Harder, single and Joyce Harder and Diann Muhlbach, Co- Trustees of the Ralph F. H. Harder Credit Shelter Trust, their successors and assigns, if such successors or assigns would acquire more than one undeveloped lot from declarants for the purpose of resale and execute and record a supplemental declaration declaring itself as a succeeding declarant hereunder provided. 9. DWELLING shall mean any building or portion of a building situated upon a lot designed and intended for use and occupancy as a residence by a single family. 10. Harder Estates Subdivision Association RULES. Shall mean the rules adopted by the board pursuant to articles ii and iii. 11. OWNER shall mean the record owner, whether one or more persons or entities, of a fee simple title to any lot, and shall also include a person or persons or entities under a recorded contract if the record owner executes a release and transfer of his or her voting rights to the contract purchaser. Others having an interest merely as security for the performance of an obligation are not considered owners. In the case of lots wherein the fee simple title is vested of record in a trustee pursuant to Nebraska revised statues, section 30 -2801 et. Seq., legal title shall be in the trustor. Article II COVENANTS, RESTRICTIONS AND CONDITIONS In consideration of the mutual benefits to be derived by the owners of Harder Estates Subdivision and any purchaser, their heirs, devisees, personal representatives and assigns, the declarant stipulates and agrees that any and all lots in Harder Estates Subdivision, all as surveyed and platted and more particularly described as recorded in the office of the Register of Deeds, Hall County, Nebraska, that are sold, transferred and conveyed, shall be a and are subject to the following protective covenants, restrictions and conditions. 1. COVENANTS TO RUN WITH LAND. These Restrictive Covenants and conditions are to run with the land and shall be binding on all persons and all parties claiming ownership of said lots, until January 1, 2015, at which time said covenants and restrictions shall be automatically extended for successive periods of 10 (ten) years unless changed or modified by vote of a majority of the owners of the lots of this Subdivision. Any amendment to this Agreement must be recorded with the Register of Deeds of Hall County, Nebraska. 2. RESIDENTIAL USE. All lots in this Subdivision shall be known and described as Single Family Residential lots. No multiple dwelling units, and no more than one residential structure shall be allowed on each lot. No Single Family dwelling shall be occupied by more than one family. No commercial or business enterprise shall be conducted or operated in the subdivision, however, personal offices within homes shall be permitted. Only one additional structure may be located on each lot in addition to the residential structure. 3. TEMPORARY STRUCTURES AND OTHER PROHIBITIONS. No trailer, motor home, basement, tent, garage, shack or other unsightly outbuilding shall be used in the subdivision as a dwelling at any time, nor shall any structure of a temporary character be used as