DECLARATION ARTICLE 1

Article 1 - Definitions

Unless the context otherwise specifies or requires, the terms defined in this Article 1 shall, for all purposes of this Deed, have the meanings specified:

¶1.01 Annual Charge
¶1.02 Assessable Property
¶1.03 Assessable Unit
¶1.04 Assessed Valuation
¶1.05 Association
¶1.06 Board
¶1.07 Building
¶1.08 Committee
¶1.09 Common Property
¶1.10 Exempt Property
¶1.11 Improvements
¶1.12 Grantee
¶1.13 Muirfield
¶1.14 Owner
¶1.15 Property
¶1.16 Resident
¶1.17 Restrictions
¶1.18 Tenant

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¶1.01 Annual Charge: shall mean the sum of (1) the yearly assessment against the Assessable Property or any individual Assessable Unit as established in accordance with the provisions of ¶2.01 below, (2) the interest on delinquent charges imposed by ¶2.03 hereof, (3) the cost of any maintenance or repair work required to be performed by the Owner but not so performed and performed instead by the Association or Muirfield, and (4) the cost of enforcing the lien imposed hereunder upon such Assessable Property or such Assessable Unit. The total of all of the foregoing shall be deemed to be the Annual Charge "assessed" for purposes of this Deed.

¶1.02 Assessable Property: shall mean the entire Property, except (1) such part or parts thereof as may from time to time constitute Exempt Property, (2) all or any portion of the Property, including common property, owned by the Association (or any successor entity) for so long as the Association (or such successor entity) shall be the owner thereof; and (3) all or any portion of the Property exempt from real property taxation by reason of its use for public purposes.

¶1.03 Assessable Unit: shall mean a portion of the Assessable Property, whether improved or not, and whether owned singly or in common with others, which portion is less than the whole of the Assessable Property, and which portion is assessed as a Unit by the appropriate public officials for the purpose of real estate taxes imposed or collected by Franklin County or Delaware County. If Franklin County or Delaware County, or both, shall ever cease to impose or collect real estate taxes, then such term shall mean and refer to such parcels, lots, living units, and improvements as are set forth, designated, and delineated in a declaration filed by the Board in an appropriate public office, which declaration may be modified and amended from time to time by the Board, at its sole discretion.

¶1.04 Assessed Valuation: shall mean the full market price valuation (being for purposes of real property taxation of the "true value", as opposed to a percentage thereof giving the "taxable value") placed on land and improvements, as of January 1 of each year, for Franklin County or Delaware County real estate tax purposes as assessed or determined in such manner as may fro time to time be provided by applicable law, regardless of any decrease of such valuation during such year by reason of protest, appeal or otherwise (except for correction of a clerical error on the County Treasurer’s duplicate or similar public record), and regardless of any reduction or rebate of real estate taxes assessed against any Assessable Unit by Franklin County or Delaware County ; provided, however, that Ohio Revised Code §323.152 relating to the reduction of real-property taxes on homestead property owned and occupied by a person sixty-five years of age or older or any such similar law enacted for the purpose of reducing real estate taxes for certain persons in the state shall not be deemed to reduce the Assess Valuation of an Assessable Unit for purposes for determining the Annual Charge on such Assessable Unit. If Franklin County or Delaware County, or both, shall ever cease to impose or collect real estate taxes, then said term shall mean in each year thereafter the valuation wit respect to each parcel, lot, living unit, or improvement as determined from time to time by the Board, at its sole discretion.

¶1.05 Association: shall mean Muirfield Association, Inc., an Ohio not-for-profit corporation, and its successors and assigns.

¶1.06 Board: shall mean the Board of Trustees, Board of Directors, or other governing body of the Association.

¶1.07 Building: shall mean and include all structures to be used for residential purposes, together with all projections and extensions thereof and accessory structures, whether or not connected or attached, including, but not limited to, garages, porches, canopies, shelters, and storage areas.

¶1.08 Committee: shall mean the Muirfield Design Control Committee, discussed in Article 6 hereof, which Committee shall consist of members appointed by Muirfield or its successors and assigns during such periods as Muirfield is the holder of record title to the fee interest in any land included within the definition of Property under PP1.15 hereof, and shall consist of members appointed by the Association or its successors and assigns at all other times.

¶1.09 Common Property: shall mean those areas of the Property shown on any recorded plat of all or any portion of the Property, or designated in any recorded declaration, or both, as devoted to the common use and enjoyment of the Owner of any Assessable Unit, including, without limitation, buildings and improvements now or hereafter constructed thereon.

¶1.10 Exempted Property: shall mean the following portions or parts of the Property: all or any portion of the Property dedicated to public use or owned by the United States, the State of Ohio, Franklin County, Delaware County, the Village or City of Dublin, any township, any school board, or any instrumentality or agency shall be the owner thereof, and for so long as such property is not used for residential or commercial purposes.

¶1.11 Improvements: shall mean and include, without limitation, buildings, outbuildings, roads, driveways, parking areas, fences, retaining walls, swimming pools, screening walls, ornamentation, signs, stairs, decks, hedges, wind-breaks, plantings, planted trees and shrubs, poles and all other structures and landscaping.

¶1.12 Grantee: shall mean Frank C. Dunbar, III, trustee, and any subsequent transferee of any interest in the Property, including tenants, as defined herein, together with their respective heirs, personal representatives, assigns and successors in interest.

¶1.13 Muirfield: shall mean Muirfield Ltd. And any person or entity or more than one of them which shall become successors or assigns of Muirfield Ltd. with respect to the initial development of Muirfield Village.

¶1.14 Owner: shall mean the holder of record title to the fee interest in any Assessable Unit, whether or not such title holder actually resides on or in any part of the Property.

¶1.15 Property: shall mean and include the following:

(1) At the time of the execution hereof, the term "Property" shall mean all land described in that attached Exhibit A and all presently existing improvements built, installed or erected thereon:

(2) From and after the building, installation or erection of each improvement upon the land described in Exhibit A, the term "Property" shall also include each such improvement

(3) From and after each addition to the land described in Exhibit A annexed hereto and subjected to the provisions of this Deed, pursuant to Article 10 hereof, the term "Property" shall also include each such additional parcel of land and each improvement existing on each such new parcel of land; and

(4) From and after the building, installation or erection of each improvement on each additional parcel of land referred to in subparagraph (3) above, the term "Property" shall also include each such improvement.

¶1.16 Resident shall mean and include:

(1) Each person lawfully residing on or in any part of the Assessable Property; and

(2) Members of the immediate family of each such person actually living in the same household with such person.

¶1.17 Restrictions: shall mean these covenants, restrictions, conditions and assessments together with all of the provisions contained herein as they now appear or as they may hereafter be amended.

¶1.18. Tenant: shall mean a person, firm, partnership, corporation or other entity possessing or claiming to possess a leasehold interest in any portion of the Property or improvements thereon.

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