As used in this Declaration or in any supplemental Declaration, unless the context otherwise specifies or requires, the following words and phrases shall be defined as follows:

2.1

"Annexed Property" shall mean and refer to any real property made subject to this Declaration by supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels or real property.

2.2

"Association" shall mean and refer to Pepper Hills Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, or any successor or assign of the corporation.

2.3

"Association Property" shall mean Common Area and Common Facilities and in addition, such other property as may be owned and operated by the Association for the benefit of the Owners.

2.4

"Common Area" shall mean and refer to Lot 1 Blk 1, Lot 1 Blk 2, Lot 1 Blk 3, Lot 1 Blk 5, Lot 1 Blk 6, Lot 1 Blk 7, Pepper Hills Subdivision No.1, Lot 25 Blk 2 of Pepper Hills No.2, Lot 1 Blk 8, Lot 21, Blk 3, Lot 15 Blk 1, Lot 26 Blk 3 of Pepper Hills Subdivision No.4 and any Lot or Parcel designated as Common Area in a Supplemental Declaration subjecting additional real property to this Declaration or on any plat of the Property. Said areas are intended to be devoted to the common use and enjoyment of the Owners (subject to the provisions hereof) and are not dedicated to the public.

2.5

"Common Facilities" shall mean and refer to those physical improvements constructed by Declarant upon Common Area, or upon the utility easement over each Lot including, without limitation, all street lights (but excluding entry way lights), benches, bridges, walkways and pedestrian paths, streams, and waterways owned or operated by the Association. Common Facilities shall not include the pressurized irrigation system which shall be installed by or on behalf of Declarant and shall be conveyed to the Nampa & Meridian Irrigation District, together with an easement over each lot and Common Area for the installation, operation and maintenance of the system by the District.

2.6

"Declarant" shall mean and refer to Interwest Development, Inc., its successors and assigns provided that such successor or assign has acquired more than two (2) Lots and that such Lots constitute the remainder of unconveyed Lots owned by Declarant

2.7

"Declaration" shall mean this Declaration as it may be amended from time to time.

2.8

"Exempt Property" shall mean all properties within the Project which have been dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit corporation exempt from taxation by the law of the United States of America, including Boise City. All of which properties shall be exempt from assessments created herein, except that such tem shall not include any land or improvements devoted to dwelling use.

2.9

"Lot" shall mean and refer to all Lots within and shown upon any recorded subdivision map of the Property, except the Common Area, and except the streets dedicated to the public as shown upon the recorded plat map.

2.10

"Member" shall mean and refer to any person or entity who is a member of the Association as defined by the Articles and Bylaws of the Association and this Declaration.

2.11

"Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

2.12

"Project" shall mean and refer to the Property and all contemplated improvements thereto.

2.13

"Property" shall mean and refer to the real property consisting of Pepper Hills Subdivision No. 4 according to the official plat thereof and every part, parcel, and Lot thereof, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration by Supplemental Declaration, pursuant to the provisions hereof for the annexation of additional parcels of real property.

2.14

Whenever the context so requires, the use of the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders.