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conditions shall run with the real prope::ty and shall be binding <br />upon all parties having or acquiring any right, title, or interest <br />therein or any part thereof, and shall be for the benefit of each <br />owner of any portion of said Project or a%¥ interest tkmrein, and <br />shall, inure to the benefit of and be bin~g upon each successor in <br />interest. <br /> <br /> ARTICLE I <br /> <br /> DEFINITIONS <br /> <br />1. 'The "Association" means the Marie ~,a Rocca Estates Owners' <br />Association, a non-profit mutual benefit c, ~rporation, membership in <br />which shall be limited to owners (as her~inafter defined) and in <br />which all owners have a membership interest. <br /> <br />2. "Beneficiary" means and refers to a mc rtgagee under a mortgage <br />or a beneficiary under a deed of trust encumbering a~ lot, as <br />hereafter defined. ~" <br /> <br />3. "Board" or "Board of Directors" mea: ~s the governing body of <br />the Association. <br /> <br />4. "By-Laws" shall mean the By-laws of tile Association which are <br />or shall be adopted by the Board. <br /> <br />5. "Co,non Area" means the area design~ted as Common Areas "A" <br />& ~'B" & ~C" and La Rocca Lane (private street) and any other <br />real property owned by or held in trust for the benefit of the <br />Association for the common use and enjoyn ent of its members, but <br />does not include real property over which 'he Association has only <br />an easement. <br /> <br /> 6. ~'Declarant" means and refers to La Rocca & Turner, LLC, a <br /> California Limited Liability Company, ai%d any successor (s) in <br /> interest of Declarant, if (i) such successor (s) in interest <br /> acquires all or any portion of Declarant's interest in the Project <br /> for the purposes of development, sale, a'.%d/or rental and (ii) a <br /> certificate, signed by Declarant, has bee~ recorded in the County <br /> in which the successor(s) in interest assunes the rights and duties <br /> of Declarant to the portion of the Project so acquired. There may <br /> therefore be more than one Declarant. <br /> <br /> 7. "Declaration" means and refers to th~ within the Declaration <br /> of Covenants, Conditions and Restrictions <br /> <br /> <br />