6088 Saddle Creek Trl Parker, CO 80134

6088 Saddle Creek Trl Parker, CO 80134

Incl:

Kit frig, Double oven, Electric cooktop (plumbed for gas & downdraft), Dishwasher, Washer & dryer, Microwave, Simplisafe security system with door sensors & four cameras, Blinds & drapes, Workbench in the detached garage, 7 garage remotes & 3 gate remotes, 5 large garden pots with plants located on/along the driveway, Water softener, 2 pond pumps, Workbench with vice & grinder in the detached garage, Freezer in the attached garage, Concrete bench by the greenhouse, keys: 2 storm doors, 3 garden fences; 10 door keys; 7 garage remotes

Excl:

2 storage cabinets in the detached garage, All indoor plants, Indoor blue/green area rug, Outdoor plants on the deck and potted plants with stickers, Steel shelving mid back wall of detached garage, Detached garage`s two gray plastic storage cabinets, Outside stone bench by front steps, Greenhouse/orchard area wooden bench, Orchard`s metal artwork, Indoor artwork, Mirrors in the master bedroom and office, 2 deck wicker/orange stuffed swivel chairs with accompanying square side table, Greenhouse smaller potting bench (redwood)

Negotiable:

LL patio table plus 6 chairs with cushions

3 kitchen counter barstools (pinecone),

Barbecue grill,

Natural gas firepit with 4 chairs,

5 large garden pots

Attached garage freezer,

Pool table ($750)

75" wall-mounted TV with bracket & soundbar in LL ($500)

John Deere with the mower deck

John Deere with snow thrower attachment and mower deck

$1,390,000 - Active

Listing ID: 5101916

Property Type: Residential

Property Subtype: Single Family Residence Structure Type: House

One

Subdivision Name: The Pinery

Listing Contract Date: 05/14/2024 Spec. Listing Cond: None Known Days in MLS: 0 Association: Y Multiple: N Cov/Rest: Y Assoc

Tax Annual Amt: $8,363

Special Taxing/Metro District Y/N: Yes

Metro District Website: http://www.hpfmd.org/ Tax Legal Desc: LOT 23 BLK 2 THE PINERY/HIGH PRAIRIE FARMS FILING #1A 2.5 AM/L Recent: 05/14/2024 : NEW

Interior Area & SqFt

Basement: Finished, Partial, Walk-Out Access Bsmnt Ceiling Ht: Foundation: Slab Fireplace: 2/Dining Room, Gas Log, Living Room, Rec/Bonus Room

Heating: Forced Air, Passive Solar

Cooling: Central Air

HVAC Description: Carrier HVAC

Interior Features: Breakfast Nook, Built-in Features, Ceiling Fan(s), Eat-in Kitchen, Entrance Foyer, Five Piece Bath, High Ceilings, High Speed Internet, In-Law Floor Plan, Kitchen Island, Open Floorplan, Pantry, Primary Suite, Quartz Counters, Radon Mitigation System, Smoke Free, Utility Sink, Vaulted Ceiling(s), Walk-In Closet(s)

Security Features: Carbon Monoxide Detector(s), Security System, Smart Cameras

Window Features: Double Pane Windows, Window Treatments

Flooring: Carpet, Stone, Wood

Spa Features:

Appliances: Cooktop, Dishwasher, Disposal, Double Oven, Dryer, Freezer, Gas Water Heater, Humidifier, Microwave, Refrigerator, Washer, Water Purifier, Water Softener

Furnished: Unfurnished

Exclusions: 2 storage cabinets in the detached garage, All indoor plants, Indoor blue/green area rug, Outdoor plants on the deck and potted plants with stickers, Steel shelving mid back wall of detached garage. Outside stone bench by front steps, Greenhouse/orchard area wooden bench, Orchard`s metal artwork, Indoor artwork, Mirrors in the master bedroom and office, 2 deck wicker/orange stuffed swivel chairs with accompanying square side table, Greenhouse smaller potting bench (redwood), Fire pit and 4-lounge chairs.

Bedrooms Total: 4

Upper Level Bedrooms: 0

Main Level Bedrooms: 2

Lower Level Bedrooms: 0

Basement Level Bedrooms: 2

Room

Kitchen Main 13 x 14

Bed & Bath Summary

Bathrooms Total: 4

Upper Level Bathrooms: 0

Main Level Bathrooms: 3

Lower Level Bathrooms: 0

Basement Level Bathrooms: 1

Detailed Room Info

Bathrooms

Full: 3

Three Quarter: 0

Half: 1

One Quarter: 0

Hardwood floors, quartz countertops, island with sink, SS frig, microwave, double oven, electric cooktop (plumbed for gas & downdraft), vaulted ceiling, desk.

Bonus Room Main 10 x 15 Breakfast: Hardwood floors, bay window, walkout to deck & front range views, vaulted ceilings.

Family Room Main 17 x 21 Hardwood floors, ceiling fan, see-through to dining room gas log hearth.

Dining Room Main 14 x 19

Wall-to-wall carpet, see-through to family room gas log hearth, chandelier.

Living Room Main 13 x 16 Wall-to-wall carpet, walkout to wrap around deck.

Bonus Room Main 9 x 10 Foyer: Hardwood floors, coat closet, chandelier, vaulted ceiling, art niche, wraparound front porch.

Office Main 13 x 13 Wall-to-wall carpet, French doors, ceiling fan.

Primary Bedroom Main 14 x 24

Primary Bathroom (Full) Main 10 x 20

Wall-to-wall carpet, ceiling fan, bay window views of the front range, en suite.

Heated limestone floors, glass shower, soaking tub, granite double vanity, water closet, walk-in closet, front range views.

Bathroom (1/2) Main 6 x 8 Hardwood floors, pedestal sink.

Bedroom Main 12 x 15 Wall-to-wall carpet, walk-in closet, ceiling light, en suite.

Bathroom (Full) Main 6 x 12 Granite counter, limestone floors, shower/tub.

Laundry Main 7 x 11

Limestone floor, utility sink, washer & dryer on LL, walkout to garage.

Media Room Basement 28 x 42 Rec Rm: Wall-to-wall carpet, walkout to covered patio, 9’ ceilings, “L” shaped.

Bedroom Basement 12 x 18 Wall-to-wall carpet, walk-in closet.

Bedroom Basement 12 x 12 Wall-to-wall carpet, walk-in closet.

Bathroom (Full) Basement 7 x 12 Limestone, granite double vanity, shower/tub.

Laundry Basement 12 x 12

Bonus Room Basement 16 x 17

Utility Room Basement 13 x 18

Parking Total: 5

Utility sink, washer & dryer, storage closet.

Storage: Concrete floor, storage shelves, radon mitigation system.

Concrete floor, 2 Carrier furnaces (Main level furnace has A/C, filter & humidifier, 2018)(LL gas furnace w/o A/C) water softener & filter, gas water heater, 2022.

Parking

Garage Spaces: 5

Parking Type # of Spaces Parking Length Parking Width Parking Description

Offstreet Spaces: 0

Garage (Detached) 2 27 28 V oversized, Liftmaster openers, attic storage Garage (Attached) 3 25 30

Heated 3 car attached, garage door openers, electr

Parking Features: Circular Driveway, Concrete, Heated Garage, Insulated, Oversized Association Information

Association 1

Association Name: High Prarie Farms

Association Type: Professionally Managed Association Phone: 303-841-0800

Association Website: https://highprairiefarmshoa.com/

Assoc Fee/Frequency: $740.00 Annually

Assoc Fee Annual: $740.00

Association 2

Association 3

Lot Size: 2.50 Acres / 108,900 SqFt Fencing: Partial

Current Use:

Lot Features: Landscaped, Level, Near Public Transit, Sprinklers In Front, Sprinklers In Rear Elementary School: Mountain View / Douglas RE-1

Bldg/Complex Name:

Parcel Number: R0356272

Middle/Junior Sch: Sagewood / Douglas RE-1

High School: Ponderosa / Douglas RE-1

School of Choice: Is Incorporated: Zoning: PUD

0

Architectural Style: Mountain Contemporary

Attached Property: No Common Walls:

Direction Faces: Southeast View: Mountain(s)

Construction Materials: Frame, Stone, Stucco Roof: Composition

&

Exterior Features: Garden, Private Yard, Smart Irrigation, Water Feature Property Condition: Updated/Remodeled Builder Name: Builder Model: Patio/Porch Feat:Covered, Deck, Front Porch, Patio, Wrap Around Pool Features:

New Home Community

Lot Number: 23 Time Of Completion From Groundbreaking: Water & Utilities

Water Included: Yes Water Source: Public

Outbuildings

# of Outbuildings: 1 Outbuilding

Heated, Water Concrete floor, sub panel electric, sprinkler junc

Public Remarks

In the picturesque rolling hills of The Pinery, a stunning property awaits, offering breathtaking views of Pikes Peak, Blue Sky (Evans), and the Front Range. The spacious ranch-style main living home with a finished walkout basement spans 5,487 square feet, offering 4 bedrooms, 4 bathrooms, and a 3-car heated garage, along with an oversized 2-car detached garage. As you step onto the expansive grounds, you're greeted by meticulously landscaped gardens, complete with a water feature and a serene koi pond. This gardener's paradise boasts a greenhouse equipped with power, heat, and water, along with a tree orchard, grapevines, vegetable gardens, and raspberry bushes, a haven for nature enthusiasts. Step inside the inviting ranch-style home and be enveloped by vast views and an open floorplan illuminated by natural light streaming through surrounding windows. The formal living and dining areas feature a double-sided peninsula fireplace and access to the front deck, offering the perfect setting for entertaining guests or enjoying quiet moments. The kitchen is a culinary delight, boasting sleek quartz countertops, refaced cupboards, and modern appliances. Step out onto the expansive deck and soak in the beauty of the grounds and panoramic vistas. The main level also features a spacious primary suite with a luxurious ensuite bathroom and walk-in closet, along with an additional bedroom with an ensuite and ample storage space. The finished walk-out lower level, with tall ceilings, a fireplace, and abundant natural light create a welcoming space for relaxation and recreation. With a sprawling family room, game area, exercise space, and reading nook, there's something for everyone to enjoy. Outside, the fenced and gated 2.5-acre tract offers endless opportunities

for exploration and cultivation. Country living at it's best with a greenhouse, raised beds & orchard. If you’re a golfer, you can ride your golf cart on the local trail straight to The Pinery Golf Course next door.

Directions

I25 Exit at Castle Pines, Left Hess Rd., Right S. Parker Rd. (83), Left S Pinery Pkwy, Left Saddle Creek Trail, home on the right side, sign is up.

Confidential Information

Private Remarks: Showings through Showingtime. The key is for deadbolt only; don’t lock the doorknob. 1 hr notice, don’t let the cat out. Need overnight notice for Tu, Wed & Thurs. showings between 4 & 7, and for the rest of the days, there are no showings after 7 PM.Please remove shoes or use the provided shoe covers. See supplements for disclosures & due diligence docs. Please integrate with CTM eContracts using the MLS property address & contracts@moorefamily.properties. Complete offer packages will be comprised of: disclosures, POF, EM check, local lender letter indicating DU results, broker signed CBS. Acknowledge receipt of Property Detail Sheet in supplements. Seller reserves the right to accept any offer at any time. Buyer & Buyer's Broker to verify all information including but not limited to previous/past use/future property uses, school district, zoning, available utilities, environmental hazards, Sq Ft. Occupancy after Aug. 1, Inclusions: Kit frig, Double oven, Electric cooktop (plumbed for gas & downdraft), Dishwasher, Washer & dryer, Microwave, Simplisafe security system with door sensors & four cameras, Blinds & drapes, Workbench in the detached garage, 7 garage remotes & 3 gate remotes, 5 large garden pots with plants located on/along the driveway, Water softener, 2 pond pumps, Workbench with vice & grinder in the detached garage, Freezer in the attached garage, Concrete bench by the greenhouse, keys: 2 storm doors, 3 garden fences; 10 door keys; 7 garage remotes CO-OP Compensation: 2.5% Dual Variable: Yes

Submitted Prosp: No

The MLS does not fix, suggest, control, or set commissions. The offer of commission is between Participants and is always negotiable. Contact listing broker for details.

Contract Earnest Check To: Land Title

Contract Min Earnest: $50,000

Possession: Close Plus 30 to 60 Days, Other

Listing Terms: Cash, Conventional, VA Loan

Title Company: Land Title, Donnelle King 303-674-496

Investor Blackout End Date: Docs Available: HOA Docs Available, Legal Description, Septic Report, Utility Average

Expiration Date: 11/01/2024

Showing Information

Showing Contact Phone: 303-573-7469 Show Email:

Showing Considerations: Camera(s) Outside

Ownership: Individual

Home Warranty:

No Showings Until:

Showing Instructions: The key is for deadbolt only; don’t lock the doorknob. Park in the circle and go through the gate to the front door. Relatch the gate when leaving. 1 hr notice, don’t let the cat out, Need overnight notice for Tu, Wed & Thurs. showings between 4 & 7, and for the rest of the days, there are no showings after 7 PM.

Occupant Type: Owner

List Agent

DATE:

04/25/2024

TO:

PROPERTY:

FROM:AllianceRealEstateServicesLLC,dbaRE/MAXAlliance

6088 Saddle Creek Trail Parker CO 80134

This is to give you notice that the Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance has a business relationship with those Providers described in this Notice Because of this relationship, this referral may provide the Owner of Alliance Real Estate Services LLC dba RE/MAX Alliance a financial or other benefit Set forth below are the names of the Service Providers and is the estimated charge or range ofchargesfortheservices listed YouareNOTrequiredtousethelistedprovidersasaconditionof:

● Thesettlementofyourloanonorforthepurchaseofyourpropertyoranyrefinanceofthatproperty

● Insuranceforyourproperty

THEREAREFREQUENTLYOTHERSETTLEMENTSERVICEPROVIDERSAVAILABLEWITHSIMILARSERVICES. YOU AREFREETOSHOPAROUNDTODETERMINETHATYOUARERECEIVINGTHEBESTSERVICESANDTHEBEST RATEFORTHESESERVICES

TheratesquotedbytheseCompaniesmaynotbethelowestavailableandaresubjecttochange.

SERVICEPROVIDERS

● HomeMortgageAdvisors,LLC(“HMA”):HMAis50%ownedbyMortgageGroupPartners,LLC,and 50%ownedbyCMGFinancialServices,Inc AsubsetoftheownersofAllianceRealEstateServices LLC,dbaRE/MAXAllianceown100%ofMortgageGroupPartners,LLC.HMAprovidesafullrangeof residentialmortgageloanproductsandservices

o LoanOriginationFees:0%-3%oftheloanamount

● Alliance Insurance Services: AsubsetoftheownersofAllianceRealEstateServicesLLCdbaRE/MAX Alliance has a 40% interest in this entity. ItprovidesHomeownersInsuranceandotherinsuranceproducts includingLife,Auto,Flood,andHealth

Rates will depend on location of the property and theactualcoveragerequestedbytheinsured HMAand AllianceInsuranceServicesarelocatedat5440WardRoad,Arvada,CO80002

ACKNOWLEDGEMENT: I/we have read this disclosure form, and understand that the Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance is referring me/us to purchase the above-described services and mayreceiveafinancialorotherbenefitastheresultofthisreferral

Arthur S. Flewelling 04/27/2024

Seller/BuyerName

Arthur S. Flewelling

Jane L. Wingquist 04/27/2024

Seller/BuyerName

Jane L. Wingquist

BROKER PRESENTATION ACKNOWLEDGMENT: As attested by the Broker’s signature below, on (date), Broker providedtheSellerand/orBuyerwithacopyofthisAffiliatedBusinessDisclosureStatement

SELLERhasdeclinedtosigntheAffiliatedBusinessDisclosure

RE/MAX Alliance

30480 Stagecoach Blvd. Evergreen, CO 80439

Louis H. Moore, Elizabeth C. Moore, Debra K. Moore Broker Moore at RE/MAX Alliance contracts@moorefamily.properties

Ph: 303-591-2075

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (SPD19-6-23) (Available 8-23, Mandatory 1-24)

SELLER'S PROPERTY DISCLOSURE (RESIDENTIAL)

THIS SELLER'S PROPERTY DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER.

Seller states that the information contained in this Seller's Property Disclosure ("SPD") is correct to Seller's CURRENT ACTUAL KNOWLEDGE as of this Date. Any changes must be disclosed by Seller to Buyer promptly after discovery. Seller's failure to disclose a known adverse material fact affecting the Property or occupant may result in legal liability. If the sales contract requires Seller to complete this SPD, this form must be fully completed to Seller's current actual knowledge, as of the date of the Contract. If Seller has knowledge of an adverse material fact affecting the Property or occupants, it must be disclosed whether there is a specific item on this SPD or not. If the Property is part of a Common Interest Community, this SPD is limited to the Property or unit itself, except as stated in Section O. Broker may deliver a copy of this SPD to prospective buyers.

SELLER: Your answers are NOT limited to only the space provided in this SPD. Attach additional pages, reports, receipts, or any other documents you believe necessary for the information you provide to be complete.

Note: Buyer and Seller should review the Advisory at the end of this SPD.

Date: 5/15/2024

Property:

6088 Saddle Creek Trail, Parker, CO 80134

Seller: Arthur S. Flewelling and Jane L. Wingquist

Year Built: 1997

Year Seller Acquired Property: 2018

Note: The Contract to Buy and Sell Real Estate, not this SPD, determines whether an item is included or excluded in the sale. If there is an inconsistency between this SPD and the Contract, the Contract controls.

I. IMPROVEMENTS

A. BUILDING CONDITIONS (all aspects of the Property to include decks and patios)

If you know of any of the following problems EVER EXISTING, check the "Yes" column: Yes

1 Structural

2 Moisture and/or water

3 Damage due to termites, other insects, birds, animals, or rodents

4 Damage due to hail, wind, fire, flood, or other casualty

5 Cracks, heaving or settling

Comments

6 Exterior wall or window Windows with broken seals were replaced in April 2024.

7 Exterior Artificial Stucco (EIFS)

8 Subfloors

9

2

I. SEWER

If you know of any problems EVER EXISTING with the following, check the "Yes" column:

1 Sewage system (including sewer lines)

2 Lift station (sewage ejector pump)

SEWER - Other Information Do you know of the following on the Property: 5 Type of sanitary sewer service: Public Community Septic System None Other

If the Property is served by an on-site septic system, provide buyer with a copy of the permit.

Type of septic system: Tank Leach Lagoon

6 Sewer service provider:

7 Sewer line scoped? Date:

8 If a septic system, date latest Individual Use Permit issued:

9 If a septic system, date of latest inpection:

10 If a septic system, date of latest pumping: March 2023

11 Gray water storage/use

J. FLOODING AND DRAINAGE

If you know of any problems EVER EXISTING with the following on the Property, check the "Yes" column: Yes

Flooding or drainage

OTHER DISCLOSURES - IMPROVEMENTS

If you know of any problems NOW EXISTING with the following, check the "Yes" column: Yes Comments 1 Included fixtures and equipment

Stains on carpet 3 Floors Scratches on hardwood floor.

GENERAL L. USE, ZONING & LEGAL ISSUES

If you know of any of the following EVER EXISTING, check the "Yes" column: Yes

SPD19-6-23. SELLER'S PROPERTY DISCLOSURE (RESIDENTIAL) Page 6 of 10 4/30/2024 5:35:22 PM

1 Zoning violation, variance, conditional use, violation of an enforceable PUD, or non-conforming use

2 Notice or threat of condemnation proceedings

3 Notice of any adverse conditions from any governmental or quasigovernmental agency that have not been resolved

4 Notice of zoning action related to the Property

5 Building code, city, or county violations

6 Violation of restrictive covenants or owners' association rules or regulations

7 Any building or improvements constructed within the past one year before this Date without approval by the owner's associations or the designated approving body

8 Any additions or alterations made with a Building Permit Roof replacement

9 Any additions or non-aesthetic alterations made without a Building Permit

10 Other legal action

11 Any part of the Property leased to others (written or oral)

12 Used for short-term rentals in the past year

13 Grandfathered conditions or uses

M. ACCESS & PARKING If you know of any of the following EVER EXISTING check, the "Yes" column: Yes

1 Any access problems, issues or concerns

2 Roads, trails, paths, or driveways through the Property used by others

3 Public highway or county road bordering the Property

4 Any proposed or existing transportation project that affects or is expected to affect the Property

5 Encroachments, boundary disputes or unrecorded easements

6 Shared or common areas with adjoining properties

7 Requirements for curb, gravel/paving, landscaping

8 Any limitations on parking or access due to size, number of vehicles, or type of vehicles in the past year

9

N. ENVIRONMENTAL CONDITIONS

If you know of any of the following EVER EXISTING on any part of the Property, check the "Yes" column:

1 Hazardous materials on the Property, such as radioactive, toxic, or biohazardous materials, asbestos, pesticides, herbicides, wastewater sludge, methane, mill tailings, solvents, or petroleum products

2 Underground storage tanks

3 Aboveground storage tanks

4 Underground transmission lines

5 Property used as, situated on, or adjoining a dump, landfill or municipal solid waste landfill

6 Monitoring wells or test equipment

Comments

Comments

7 Sliding, settling, upheaval, movement or instability of earth, or expansive soils on the Property SPD19-6-23. SELLER'S PROPERTY DISCLOSURE (RESIDENTIAL) Page 7 of 10 4/30/2024 5:35:22 PM

8 Mine shafts, tunnels, or abandoned wells on the Property

9 Within a governmentally designated geological hazard or sensitive area

10 Within a governmentally designated floodplain or wetland area

11 Dead, diseased, or infested trees or shrubs

12 Environmental assessments, studies, or reports done involving the physical condition of the Property

13 Used for any mining, graveling, or other natural resource extraction operations such as oil and gas wells

14 Smoking inside improvements (including garages, unfinished space, or detached buildings) on Property

15 Animals kept in the residence

If you know of any of the following EVER EXISTING, check the "Yes" column:

1 Radon test(s) conducted on the Property. Include the most recent records and reports pertaining to radon concentrations within the Property.

2 Radon concentrations detected or mitigation or remediation performed. Provide a full description.

3 Radon mitigation system installed on Property. Provide all information known by Seller about the radon mitigation system. 4

Dead trees removed as needed

P. COMMON INTEREST COMMUNITYASSOCIATION PROPERTY

If you know of any of the following NOW EXISTING, check the "Yes" column: Yes

1 Property is part of an owners' association

2 Special assessments or increases in regular assessments approved by owners' association but not yet implemented

3 Problems or defects in the Common Elements or Limited Common Elements of the Association Property COMMON INTEREST COMMUNITY - ASSOCIATION PROPERTY

If you know of any of the following EVER EXISTED, check the "Yes" column:

4 Has the Association made demand or commenced a lawsuit against a builder or contractor alleging defective construction of improvements of the Association Property (common area or property owned or controlled by the Association but outside the Seller's Property or unit)

5

6 COMMON INTEREST COMMUNITY - ASSOCIATION PROPERTYOther Information:

Name of the Owner's Associations governing the Property:

Radon tested before we bought the house

Radon system installed when we bought the house

Contact Information

7 Owner's Association #1: High Prairie Farms Colorado Property Management Specialists 3038418658. Info@the-cpms.com

8 Owner's Association #2:

9 Owner's Association #3:

10 Owner's Association #4:

Q. GENERAL DISCLOSURES

If you know of any of the following EVER EXISTING, check the "Yes" column: Yes

1 Written reports of any building, site, roofing, soils, water, sewer, or engineering investigations or studies of the Property

2 Any property insurance claim submitted (whether paid or not)

3 Structural, architectural, and engineering plans and/or specifications for any existing improvements

4 Property was previously used as a methamphetamine laboratory and not remediated to state standards

5 Government special improvements approved, but not yet installed, that may become a lien against the Property

6 Pending: (1) litigation or (2) other dispute resolution proceeding regarding the Property

7 Property is subject to Deed Restrictions, other recorded document restrictions, or Affordable Housing Restrictions

8 Property is located in a historic district

9 10 GENERAL - Other Information:

11 Location of Mailbox and No. 6088 Saddle Creek Trail

12

Comments

Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property. Property inspection services may be purchased and are advisable. This SPD is not intended as a substitute for an inspection of the Property.

ADVISORY TO SELLER:

Seller acknowledges that Broker will disclose to any prospective buyer all adverse material facts actually known by Broker, including but not limited to adverse material facts pertaining to the physical condition of the Property, any material defects in the Property, and any environmental hazards affecting the Property. These types of disclosures may include such matters as structural defects, soil conditions, violations of health, zoning or building laws, and nonconforming uses and zoning variances.

In the event Seller discovers a new adverse material fact after completing this SPD, Seller must disclose any such new adverse material fact to Buyer.

The information contained in this SPD has been furnished by Seller, who certifies it was answered truthfully, based on Seller's CURRENT ACTUAL KNOWLEDGE.

Date: 4/27/2024

Seller: Arthur S. Flewelling

Date: 4/27/2024

Seller: Jane L. Wingquist

ADVISORY TO BUYER:

1. Even though Seller has answered the above questions to Seller's current actual knowledge, Buyer should thoroughly inspect the Property and obtain expert assistance to accurately and fully evaluate the Property to confirm the status of the following matters are satisfactory to Buyer:

a. the physical condition of the Property; b. the presence of mold or other biological hazards; SPD19-6-23. SELLER'S PROPERTY DISCLOSURE (RESIDENTIAL) Page 9 of 10 4/30/2024 5:35:22 PM

c. the presence of rodents, insects and vermin including termites;

d. the legal use of the Property, including zoning and legal access to the Property;

e. the availability and source of water, sewer, and utilities;

f. the environmental and geological condition of the Property;

g. the presence of noxious weeds; and

h. any other matters that may affect Buyer's use and ownership of the Property that are important to Buyer as Buyer decides whether to purchase the Property.

2. Seller states that the information is correct to “Seller's current actual knowledge” as of the date of this form. The term “current actual knowledge” is intended to limit Seller's disclosure only to facts actually known by the Seller and does not include “constructive knowledge” or “common knowledge” or what Seller “should have known” about the Property. The Seller has no duty to investigate or inspect the Property or inclusions when this SPD is filled in and signed.

3. Valuable information may be obtained from various local/state/federal agencies, and other experts may assist Buyer by performing more specific evaluations and inspections of the Property.

4. Boundaries, location and ownership of fences, driveways, hedges, and similar features of the Property may become the subjects of a dispute between a property owner and a neighbor. A survey may be used to determine the likelihood of such problems.

5. Whether any item is included or excluded is determined by the Contract between Buyer and Seller and not this SPD.

6. Seller does not warrant that the Property or inclusions are fit for Buyer's intended purposes or use of the Property. Disclosure of the condition of an item is not to be construed as a warranty of its continued operability or as a representation or warranty that such item is fit for Buyer's intended purposes.

7. Buyer receipts for a copy of this SPD.

Buyer:

Buyer:

CTM eContracts - ©2024 MRI Software LLC - All Rights Reserved

SPD19-6-23. SELLER'S PROPERTY DISCLOSURE (RESIDENTIAL) Page 10 of 10 4/30/2024 5:35:22 PM

RE/MAX Alliance

30480 Stagecoach Blvd. Evergreen, CO 80439

Louis H. Moore, Elizabeth C. Moore, Debra K. Moore Broker Moore at

RE/MAX Alliance contracts@moorefamily.properties

Ph: 303-591-2075

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (SF94-5-18) (Mandatory 1-19)

SQUARE FOOTAGE DISCLOSURE (Residential)

This disclosure is made to Buyer and Seller pursuant to the requirements of the Colorado Real Estate Commission and applies to improved residential real estate. Check applicable boxes below.

Property Address: 6088 Saddle Creek Trail, Parker, CO 80134

1. Licensee Measurement

Listing Licensee Has Has Not measured the square footage of the residence according to the following standard, methodology or manner:

Standard/Methodology/Manner Date Measured Square Footage

Exterior measurement

Local standard

Other

2. Other Source of Measurement :

Listing Licensee Is Is Not providing information on square footage of the residence from another source(s) as indicated below:

Prior appraisal (Date of document)

Building plans (Date of document)

Assessor’s office (Date obtained) 04/22/2024

Other

Measurement may not be exact and is for the purpose of marketing ONLY. Measurement is not for loan, valuation or other purposes. If exact square footage is a concern, the property should be independently measured.

Buyer and Seller are advised to verify this information. Any independent measurement or investigation should be completed by Buyer on or before any applicable deadline in the contract.

Broker:

Louis H. Moore, Elizabeth C. Moore, Debra K. Moore

The undersigned acknowledge receipt of this disclosure.

Seller: Arthur S. Flewelling

Date: 4/22/2024

Date: 4/27/2024

SF94-5-18. SQUARE FOOTAGE DISCLOSURE Page 1 of 2 4/30/2024 5:36:15 PM

Seller: Jane L. Wingquist

Buyer: _______________________________________________

Date: 4/27/2024

Displaying data for the year 2023

6088 SADDLE CREEK TRL ARKER, CO 80134

THUR S FLEWELLING & JANE L

Re-center Map

Account #: R0356272

State Parcel #: 2349-100-01-004

AccountType: Residential

Tax District: 2450

Neighborhood-Ext:106-G

ARTHUR S FLEWELLING & JANE LWINGQUIST

6088 SADDLE CREEK TRL

PARKER, CO 80134

Public Land Survey System (PLSS) Location

Quarter: SE; Section: 10;Township: 7; Range: 66

Map data ©2024 Report a map error

Building Count: 1

Building PermitAuthority: Douglas County Phone: 303-660-7497

Name: PINERYHIGH PRAIRIE FARMSTHE Reception No: 9007914

Location Description

Disclaimer

The location description may not be a complete legal description of the property.

Valuation Info

BasementArea: 2,724 sqft

Finished Bsmt.Area: 2,588 sqft (95%) (95%)

Total FinishedArea: 5,350 sqft

Interior: Drywall

Exterior: Frame Masonry Veneer

Roofing: Composition Shingle

Heating: CentralAir toAir

Additional Features: Fireplace - Gas

Walkout: Y

Fireplaces: 2

Porch/DeckArea: 776 sqft

GarageType GarageArea

Attached: 749 sqft

Detached: 839 sqft

Assessor's Building ID: 1

Type Description Area

Porch Cvrd Wood Deck 326 sqft

Porch Open Slab 339 sqft

Porch Cvrd Wood Deck 111 sqft

Porch Wood Deck 0 sqft

Fixtures: Bath 5, Bsmnt Bath 4, Bath 2, Extra Fixture, K Sink W Htr Laundry

Land Details

Land Valuation

Notifications

1.The 2023 actual value for this account was updated as a result of the 2023 reassessment. The value is reflective of the appraisal date of June 30, 2022.

2. In compliance with Senate Bill 23B-001, the TaxableActual Value on this property will be reduced by $55,000, which only applies to certain residential property, and will be reflected on the 2023 tax bill (payable in 2024).

Douglas County Treasurer

ARTHUR S FLEWELLING & 6088 SADDLE CREEK TRL PARKER, CO 80134-5307

Situs Address

Your check will be converted to a one-time electronic charge and may clear your bank as early as same day. All payments made by check are subject to final bank clearance. Thank You

Denver Radon Testing

Phone: 303-907-1563

Email: denverradontesting@gmail.com

Website: www.denverradontesting.com

NRPP Certified#107608 American Association of Radon Scientists &Technologists

Radon Test Results

RADON INSPECTION:

Radon gas is a colorless and odorless gas released into the ground as a result of uranium decay. This invisible gas can be hazardous to your health in an enclosed structure. The radon inspection report is attached. The radon testing requires air sampling by an electronic radon monitor over a period of 48 hours.

The US Environmental Protection Agency (EPA) and the Surgeon General strongly recommend taking further action when the home’s radon results are 4.0 pCi/L or greater. The higher a home’s radon level, the greater the health risk to you and your family. Smokers and former smokers are at higher risk. There are very straightforward methods for lowering the radon levels that can be performed for reasonable cost. Even homes with very high levels can be equipped to reduce those levels to below the EPA actionable level of 4.0 pCi/L.

Detailed information about radon and the health effects of radon and the proper steps to take to make your home safe can be found at the web site of the EPA - The address is: http://www.epa.gov/radon/pubs/hmbyguid.html#6.c.

The radon levels have been determined to be Below a level for which the EPA recommends action be taken.

The gas can seep into the house in a variety of places:

Foundation wall cracks; Between floor tiles; Packed earth floors; Construction seams; Gap around pipes and support posts; Crawl spaces, drains and sump holes.

Address: 6088 Saddle Creek Trl Parker, CO 80134

Location of Instrument – Basement RadStar RS300 Radon Detector/Monitor #15

04024 Calib.#: 28536 Bkgnd05 TestID#: 30311

Interval Report

pCi/L

pCi/L

Colorado 80127

6088 Saddle Creek Trl. Parker, CO 80134

NO ON-SITE - This proposal has been provided WITHOUT the standard free on-site services provided by ACE. The proposal is AN ESTIMATE ONLY based on the information available. The price, warranty and Scope of Work is subject to change.

SLAB ON GRADE AREA IS 89% FINISHED PREVENTING SEALING - ACE will use its best efforts to prevent air being drawn from the conditioned space, however, some leaks and air noise may occur from behind the baseboards in the finished area(s).

10440 Bradford Road, Unit A Littleton, Colorado 80127

6088 Saddle Creek Trl. Parker, CO 80134

SEALING UNFINISHED STORAGE & UTILITY ROOMS - ACE will seal the Perimeter and Penetrations in the unfinished/exposed area(s) of the slab with ONE PART URETHANE CAULK and/or foam vs. construction adhesive offered by others to ensure durability. - Included in the basic system price.

This is an important part of the radon mitigation process with an added benefit of energy efficiency. NOT SEALING these unfinished openings can cause the system to draw conditioned air from the space weakening the system, and may increase the long term utility costs in the structure.

SEAL EXISTING SUMP LID - ACE will seal the existing sump lid with silicone, install a detachment boot (if applicable) and viewport.

Included in the basic system price.

6088 Saddle Creek Trl. Parker, CO 80134 10440 Bradford Road, Unit A Littleton, Colorado 80127

ACE will inspect the integrity of the vapor barrier, make any repairs necessary for $75.00/manhour invoiced every quarter of an hour, or if necessary ACE will install a new vapor barrier as optioned below.

6088 Saddle Creek Trl. Parker, CO 80134 10440 Bradford Road, Unit A Littleton, Colorado 80127

VAPOR BARRIER IN CRAWLSPACE - ACE will provide the labor and materials to install white Cross Laminated plastic sheeting in the crawlspace that has the same tensile strength and puncture resistance of 10-mil vapor block. Any seams will be overlapped and sealed.

ADD $270.00 if required to replace the VAPOR BARRIER.

This is an important part of the radon mitigation process with an added benefit of energy efficiency. NOT installing a vapor barrier in the crawlspace may cause the system to draw conditioned air from the space which weakens the system preventing achievement of the lowest possible radon levels, and may increase the long term utility costs in the structure since the conditioned air pulled from the space must be reconditioned. If there is Insulation on the walls, ACE shall not be responsible for insulation that may fall down due to the installation.

10440 Bradford Road, Unit A Littleton, Colorado 80127

Fork: 970.925.1899

6088 Saddle Creek Trl. Parker, CO 80134

UPGRADE TO SEAL CRAWLSPACE - ACE will provide the labor and materials to seal the Crawlspace with white Cross Laminated plastic sheeting that has the same tensile strength and puncture resistance of 10-mil vapor block. THE SHEETING WILL BE SEALED to the foundation walls with ONE PART URETHANE Caulk vs. construction adhesive/tape to ensure durability. Any seams will be overlapped and sealed.

OPTION: ADD $270 to seal the VAPOR BARRIER to the concrete foundation walls.

This is an important part of the radon mitigation process with an added benefit of energy efficiency. NOT SEALING the crawlspace may cause the system to draw conditioned air from the space which weakens the system preventing achievement of the lowest possible radon levels, and may increase the long term utility costs in the structure since the conditioned air pulled from the space must be reconditioned.

Saddle Creek Trl.

10440 Bradford Road, Unit A Littleton, Colorado 80127

6088 Saddle Creek Trl. Parker, CO 80134

FOUNDATION WALL PENETRATION through concrete, brick, or cinderblock - vs. a rim joist penetration may be required to exit the structure with vent pipe.

This type of penetration is required to avoid cutting through structural joists, installing PVC pipe in a finished area and/or minimizing the invasive penetrations to the structure.

The work requires Specialty Core Drill equipment and extra labor for an additional charge of $250.00. Necessity of foundation penetration to be determined at the time of installation. Not common with structures built in this era.

Saddle Creek Trl.

6088 Saddle Creek Trl. Parker, CO 80134 10440 Bradford Road, Unit A Littleton, Colorado 80127

TESTING - The cooperation of the resident is essential in monitoring and maintaining low radon levels. ACE provides a complete POST-MITIGATION CARE PACKET and an initial post mitigation Short Term test from an Independent Third Party Lab with instructions upon completion of the work. The Client shall perform the test in the lowest living space per protocol with the results provided directly to the Client to ensure there is no potential conflict of interest. The property owners are responsible to perform the long term test, monitor the system, call ACE for repairs, and retest for radon levels every two years with an NRPP approved testing device by an NRPP Certified Professional.

RECOMMENDED UPGRADE FOR POST MITIGATION

TESTING - ACE offers an economical Independent Third Party Test Kit for the initial short term post mitigation test as described in the basic testing provision above.

ACE strongly recommends a Professional Certified post-mitigation radon test be used for the initial post mitigation radon test to ensure accurate results. The upgrade includes:

1) AARST-NRPP Certified & CALIBRATED Professional Continuous Monitor Measurement Device.

2) Deployment and retrieval of the Device by an ACE Certified

Saddle Creek Trl.

10440 Bradford Road, Unit A Littleton, Colorado 80127

6088 Saddle Creek Trl. Parker, CO 80134

Radon Professional.

3) A Radon Measurement Report the same day the test is completed. ALL ACE Measurement devices are verified and calibrated by an Independent Third Party Laboratory as required by AARST NRPP protocols to ensure accurate measurement results. A minimum required 48 hour test is $145.00 (the credit has been applied for the basic test kit service) ACE recommends and offers additional 24 hour testing be performed, since the longer the test device is allowed to measure, the more accurate the results. Add $25.00 for each additional 24 hours. This upgrade is more essential if the mitigation approach is phased to expedite the next steps.

Also, if the structure exceeds a 2,000 square foot (SF) footprint and/or has multiple foundation elevations, ACE may recommend more than one continuous monitor be deployed or additional activated charcoal measurement devices be deployed to measure the different areas. This methodology is used as an Industry Standard and is the best approach to determine exposure to the occupants in separated areas of the structure. Add $50 per test activated charcoal device.

Saddle Creek Trl.

6088 Saddle Creek Trl. Parker, CO 80134 10440 Bradford Road, Unit A Littleton, Colorado 80127

BILLING ADJUSTMENT - $50 Realtor REFERRAL DISCOUNT OFFER

(To keep fees reasonable, Payment must be received on the day the initial work is completed for the discount to apply, unless other payment terms are agreed to in advance). ACE guarantees the services and installation offered in this proposal is the BEST VALUE IN THE INDUSTRY and offers PRICE MATCHING for Equivalent warranty, materials and services.

Thank You for your payment. This Paid Receipt validates the services provided by ACE Radon.

CONFIDENTIALITY - ACE Radon's pricing, scope of work, design, specifications, materials, sequencing, and construction means & methods constitute Confidential and Proprietary information. The information in this proposal may only be used for the purpose of contracting with ACE Radon and thus may not be disclosed to other third persons without prior written permission.

Andrew Mousel 6068 Saddle Creek Tr Parker, CO 80134

High Prairie Farms

Use Permit For An On-site Waste Water Treatment System

Address: County: 6088 Saddle Creek Trl Parker, CO 80134--

Address: 6088 Saddle Creek Trail Parker, CO 8134_-

APN: Douglas Phone: 2349-100-01-004

NOTE: A “Not Specified” comment indicates that either the information was not available or not applicable at the time the permit was issued.

www.tchd.org

Name:

Business Name: All Around Services Samuel L. Swears 7911 E Highway 86 Franktown, CO 80116

CONDITIONS FOR USE

Associated Professionals

OWTS - Inspector

NAWT Certification: 11386ITC Exp. 04/30/2019

Phone: 303-902-6984

Email: allinspect13@gmail.com

This certifies that the On-Site Wastewater Treatment System (OWTS) was either installed or inspected at the property location and was in conformance with the Tri-County Health Department OWTS regulation in effect at the indicated date, and the engineer design (if applicable). This certification for Use allows the owner to use the system until one of the following occurs:

* Sale of the property to another owner.

* Change of use in the property.

* Addition of up to one bedroom.

* Addition of a modular unit or mobile home.

* Other circumstances as deemed appropriate by Tri-County Health Dept.

Tri-County Health Department must be contacted if any of the above occurs.

PROPERTY INFORMATION:

Address: County: 6088 Saddle Creek Trl Parker, CO 80134--

APN: Douglas

Use Permit For An On-site Waste Water Treatment System

Water Supply: No. of Bedrooms: Dwelling Type: Municipal 4 Single Family

Phone: 2349-100-01-004

OWNER INFORMATION: 303-552-4622

Address: 6088 Saddle Creek Trail Parker, CO 8134_-

MAINTENANCE REQUIREMENTS

* The septic tank must be inspected once every four years and pumped according to the Requirements in the current TriCounty Health Department OWTS Regulation.

* If the septic or dosing tank is equipped with an effluent filter, the filter must be cleaned at manufacturer recommended intervals or more often.

* If the system has alternating beds or is a drip or low pressure pipe system, beds or zones must be rotated annually.

* Additional maintenance requirements may apply. Refer to the Tri-County Health Department "Your Septic System Guidelines and Records" or engineer's report for specific requirements.

LIMITATIONS AND DISCLAIMER

Issuance of a Use Permit is subject to the applicable conditions, restrictions and limitation set forth in the OWTS regulations, and is based solely on the conditions observed on the date of inspection(s) and on Department Records at the time of permitting. The issuance of a Use Permit does not constitute a guarantee, warranty or representation by the Department that the system was installed correctly, or that the system will operate properly or will not fail.

PERMIT VALID FROM: 6/11/2018

Natalie Wright 06/11/2018

HIGH PRAIRIE FARMS Covenants

DECLARATION OF PROTECTIVE COVENANTS AND :RESTRICTIONS OF BIGlI P:R.AillI!: P'.MMS DOUGLAS COUNTY, COLO:R.lll)O May 29, 1992

ARTICLE I - DEFINITIONS

Section 1.1

Section 1.2

Section 1.3

Section 1.4

Section 1.5

Section 1.6

Section 1.7

Section 1.8

Section 1.9

Section

Section

Section

Section

Section

ARTICLE III· MASTER. ASSOCIATION AND MEMBER.SHIP

Section

Section

Section

Master

ARTICLE IV • DUTIES AND POWERS OP' MASTER. ASSOCIATION

Section

Section

Section

Section

Section

Section

Section

Section

Section

Section

Section

Section

General

Duty

Transferred

Duty

Duty

Casualty

Liability

General

Other

Duty

Duty

Duty

Power

Improvements

Power

ARTICLE V • ASSESSMENTS

Section 5.9

Section 5.10

Section 5.11

Section 5.12

Section 5.13

Joint Liability

Penalty Assessments

Lien for Nonpayment of Assessments

Member's Obligation for Payment of Assessments

Liability for Common Expenses Upon Transfer of Lot

ARTICLE VI - DESIGN REVIEW COMMITTEE

Section 6.l

Section 6.2

Section 6.3

section 6.4

Section 6~5

Section 6.6

Section 6.7

Section 6.8

Section 6.9

Composition - Removal Review by Colm!'.ittee

Procedures

Committee's Discretion and Enforcement Powers

Senior's Reviews and Approvals

Appeal to Board

Failure of Committee or Senior Corp. to Act on Plans

Appeal to Court of Law Development by Declarant

ARTICLE VII - LAND USE RESTRICTIONS

Section 7.l

Section

Section

Section

Section

Section

Section

Section

Section

Consolidation of Lots/Increase in Outbuilding Size and Allowable Horses

Prohibited Animals Commencement and Completion of Construction

Specific Architectural Guidelines

Antennae, Tanks, etc.

Mailboxes and External Lighting

Landscaping

Fencing

Sight Distance at Intersections

Driveways, Vehicles and Parking

Owner Maintenance Obligations

General

Section 7.25

Section 7.26

Section 7.27

Section 7.28

Section 7.29

Section 7.30

Section 7.31

Section ·7.32

Section 7.33

Section 7.34

Section 7.35

Section 7.36

Section 7.37

Utility Lines

Sales Offices/Model Homes

Resubdivision of Lots

Building Setback and View Protection Easements

Surface Drainage and Erosion Control

No Noxious or Offensive Activity

No Annoying Light, Sounds or Odors

Private Water Supplies and Sewage Disposal

Windows and Awnings

Amendment of Land Use Restrictions/ Variances

Rules and Regulations

Severability

ARTICLE VIII· GENERAL PROVISIONS

Section

Section

Section

Section

Section

Section

Section 8.15

Enforcement

Severability/Gender

Amendment and Termination

Limited Liability and Indemnification

Master Association Maintenance Notices

Annexation by Declarant

Acceptance of Provisions of all Documents Conflicts

Mortgagee Provisions Remedies Cumulative

Atto=eys' Fees

DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF HIGH PRAIRIE FA:RMS DOUGLAS COUNTY, COLORADO

This Declaration of Protective Covenants and Restrictions of High Prairie Farms, Douglas County, Colorado, is made the date here and after set forth by Senior Corp., a Delaware corporation (hereinafter referred to as the "Declarant•).

WITNESSETH

WHEREAS, the Declarant is the owner of real property situate in the County of Douglas, State of Colorado, more particularly described on Exhibit A attached hereto and incorporated herein by this reference; and

WHEREAS, the Declarant desires to provide for the preservation of the values in the Property for the community that is to reside therein and, to such end, desires to subject the Property to the covenants, conditions, restrictions, easements, reservations, rights-of-way, charges, liens, equitable servitudes and other provisions hereinafter set forth, each and all of which is and are for the benefit of the Property and each owner of all or any portion thereof, their heirs, successors administrators, grantees and assigns; and

WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values in said community, to create an entity which shall have the obligation and powers of adminis- tering the community and enforcing the covenants and restric- tions; and

WHEREAS, Declarant has incorporated or will incorporate under the laws of the State of Colorado, as a nonprofit corporation, the HIGH PRAIRIE FARMS HOMEOWNERS' ASSOCIATION, for the purposes of exercising the functions aforesaid.

NOW, THEREFORE, the Declarant declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the following terms, restrictions, limitations, uses, liens, charges, covenants, conditions, obligations and easements, which are for the purpose of protecting the value and desirability of, and which shall run with the Property, and shall inure to the benefit of. and be binding on all parties having any right, title or interest in the Property or any part thereof, their

heirs, grantees, personal representatives, executors, administrators, devisees, successors and assigns, and shall inure to the benefit of each owner of all or any portion thereof.

ARTICLE I

DEFINITIONS

Section 1.1. •Architectural Guidelines• shall mean and refer to the High Prairie Farms Architectural and Design Guidelines and Requirements.

Section 1. 2. •Articles• shall mean the Articles of Incorporation of the Master Association, as the same may be amended or supplemented from time to time.

lowing: special

Section 1.3. •Assessments• shall mean all of the folCommon Expense Assessments; Individual Assessments; assessments; and penalty assessments.

Section 1.4. •Assessment year• shall mean the calendar year or such other period of twelve consecutive months selected by the Board for the levying, determining and assessing of the annual Assessments under this Declaration.

Section 1.5. •Board• or •Board of Directors• shall mean the Board of Directors of the Master Association.

Section 1.6. •Bylaws• shall mean the Bylaws of the Master Association, as the same may be amended or supplemented from time to time. ·

Section 1,7. •committee• shall mean and refer to the High Prairie Farms Design Review Committee, and its successors and assigns that are designated in writing.

Section 1.8. •common Area• shall mean all real property (including the improvements thereto) owned or leased by the Master Association for the common use and enjoyment of the Owners (subject to Section 2.1 of this Declaration).

Section 1.9. •common Expenses• shall mean (i) expenses of administration, operation, management, maintenance, repair, and replacement of the Common Area; (ii) expenses declared •common Expenses• by the Master Association; (iii) all sums lawfully assessed against the Lots by the Board of Directors; and (iv)

expenses agreed upon as Common Expenses by the Members of the Master Association.

Section 1.10. •county• shall mean the County of Douglas, State of Colorado.

Section 1.11. •Declarant• shall mean and refer to Senior Corp., a Delaware corporation, its successors and assigns. A person or entity shall be deemed a •successor and assign• of Senior Corp. as the "Declarant• only if specifically designated in writing by Senior Corp. as a successor Declarant or assignee of Senior Corp.'s rights as the Declarant in whole or to any part of the Property and if such written instrument is duly recorded in the real estate records of the County.

Section 1.12. •Declaration• shall mean this document, together with all exhibits attached hereto, and all amendments and supplements hereto.

Section 1.13. •First Mortgage• shall mean a Mortgage which has a first and paramount priority to or upon a Lot or Property under applicable law and which appears in the County's real estate records.

Section 1.14. •First Mortgagee• shall mean a Mortgagee identified in the County's real estate records and which takes, owns, or holds a First Mortgage. Also, First Mortgagee shall include both First and Second Mortgagees of Mortgage's executed by Declarant identified in the County's real estate records and which take, own, or hold a Mortgage having a first or second priority to or upon a Lot or Property owned by Declarant.

Section 1.15. •Household pets• shall mean and refer to tropical fish, small pet rodents (gerbils or hamsters), dogs, cats and small birds, kept as pets which are normally kept inside the Living Unit.

Section 1. 16. •Individual Assessment• shall mean the assessment levied against a particular Lot or Lots to cover the Master Association's costs of providing services which benefit only one or a limited number of Lots.

Section 1.17. •Living Unit• shall mean each single-family residence located within or upon a Lot and may be referred to as a dwelling.

Section 1.18. •Lot• shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property as a •Lot•, and all improvements now or hereafter constructed thereon, with the exception of any Common Area and any dedicated roadways, utility easements, drainageways, parks, schools, and open space.

Section 1.19. •Master Association• shall mean and refer to the High Prairie Farms Homeowners' Association, a corporation not-for-profit, its successors and assigns.

Section 1.20. •Member• shall mean every person or entity who is a record owner of a fee or undivided interest in any Lot, including Declarant and contract sellers, but not including contract purchasers.

Section 1.21. •Mortgage• shall mean any mortgage, deed of trust, or other document pledging a Lot as security for payment of a debt or obligation.

Section 1.22. •Mortgagee• shall mean any person, corporation, partnership, trust, company, association, or other legal entity which takes, owns, holds or receives a mortgage.

Section 1.23. •outJ:>uilding• shall mean and refer to any enclosed covered structure, including, without limitation, barns, not directly attached to the Living Unit which it serves.

Section 1.24. •Owner• shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding contract purchasers and those having such interest merely as security for the performance of an obligation.

Section 1.25. •Plat• shall mean any recorded plat for any portion of the Property, and any supplements, amendments, or modifications thereto. Declarant reserves the right to amend the Plat, at any time and from time to time, until December 31, 2005, to conform the Plat according to the actual location of any of the constructed improvements and to establish, vacate, or relocate easements.

Section 1.26. •project• shall mean all of the Property, including real property and improvements annexed thereto pursuant to Sections 8. 7 hereof, and all improvements thereon, together will all rights, duties, easements, and appurtenances belonging thereto submitted by this Declaration and any amendments and supplements hereto.

Section 1.27. •Property• shall mean and refer to that real property described on Exhibit A to this Declaration, and all improvements and structures thereon, and such additional real property as may hereafter be brought within the jurisdiction of the Master Association.

Section 1,28. •Related User• shall mean a person or entity who obtains all or certain rights of an Owner by reason of such person or entity claiming or being entitled to such rights by, through or under such Owner. Without limiting the generality of the foregoing, •Related User• shall include any occupant, tenant, or contract purchaser of an Owner who resides on the Lot of such Owner and any natural person who is a guest or invitee of such Owner or of such person or entity.

Section 1.29. •Rules and Regulations• shall mean the rules and regulations adopted by the Board pursuant to this Declaration and the Bylaws, as the same may be amended or supplemented from time to time.

ARTICLE II

PROPERTY R.IGJ!TS

Section 2.1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of use and enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(al the right of the Master Association to suspend the voting rights of and right to the use of any common areas and/or recreational facilities owned by the Master Association by an Owner and/or his Related Users for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60l days for any infraction or breach of the Declaration, the Articles, the Bylaws or the Rules and Regulations;

(bl the right of the Master Association to dedicate or transfer easements and rights of way in, on, over, under and across all or any part of the Conunon Area to any public agency, authority, or utility for gas, water, drainage, access, electric, telephone, cable television, or other utility services, or for such other purposes and subject to such conditions as may be approved by a vote of two-thirds (2/3l of each class of Members who are voting, in person or by proxy, at a meeting duly called for such purpose. No such dedication or transfer for •such other purposes• shall be effective unless a written statement, executed·by the Secretary of

· the Master Association and verifying the requisite approval of members was obtained to such dedication or transfer, has been recorded in the real estate records of the County; and

(c) the right of the Board to adopt Rules and Regulations governing the use of the Col!1Illon Area and other portions of the Project, provided that such Rules and Regulations shall be uniform and non-discriminatory. Each Owner, for himself and his Related Users, by the acceptance of his deed or other instrument of conveyance or assignment, agrees to be bound by any such Rules and Regulations.

Section 2.2. Acceptance of Property. The Master Association shall accept title to any property, including any improvements thereon and personal property, transferred by the Declarant. The property transferred may include fee simple title, easements, leasehold interests and licenses to use property for any use, including but not limited to swimming pools, tennis courts, clubhouses, cabanas, other recreational facilities, co=unity use, open space, utilities, drainage, parks, roads, or easements, within this subdivision, annexed to the properties, or designated by the Declarant. The Master Association agrees to accept, operate, manage, maintain, care for and repair all such property. The Master Association may purchase, accept or lease properties from parties other than Declarant upon a vote of more than fifty percent (50%) of the Members of each class who are voting in person or by proxy, at a meeting duly called for such purpose.

No Owner shall have the right to partition or seek partition of the Col!1Illon Area or the other Master Association properties.

Section 2 .3. Delegation of Use. Any Owner may delegate his right of enjoyment to the Col!1Illon Area and related facilities to Related Users who reside on that Owner's Lot.

Section 2. 4. Title to Common Area. Declarant hereby covenants that it will convey fee simple title to the Col!1Illon Area described in Exhibit B hereto.to the Master Association free of all liens and encumbrances except those restrictions, reservations, easements and rights of way apparent or of record, prior to December 31, 1990. Declarant further covenants that upon each annexation of additional property pursuant to Section 8.7 hereof; .it will convey fee simple title to the Col!1Illon Area within such annexed property to the Master Association, free and clear of all liens and encumbrances except those restrictions, reservations, easements and rights of way apparent or of record, prior to the

conveyance of the first Lot within annexed property to an Owner other than Declarant.

Section 2. S. Easements for Encroachments. Easements for encroachments between Lots and portions of the Common Area exist (il in favor of all Owners so that the Owner shall have no legal liability when any part of the Common Area encroaches or shall encroach upon a Lot; (ii) in favor of the owner of each Lot so that the Owner shall have no legal liability when any portion of his Lot encroaches or shall hereafter encroach upon the Conunon Area or upon another Lot; and (iii) in favor of all owners, the Master Association, and the owner of any encroaching Lot for the maintenance and repair of such encroachment; which encroachments are the result of (al shifting, movement, or settling of any improvements, or (bl restoration, shifting, movement, alteration, or repair to the Conunon Area, or (cl repair or restoration of the Lot improvements after damage by fire or other casualty or condemnation or eminent domain proceedings; provided that any restored, altered, or repaired improvements are in substantially the same location as prior to such restoration, alteration, or repair. such encroachments and easements shall not be considered or determined to be encumbrances either on the Common Area or on the Lots for purposes of marketability of title or other purposes.

Section

2. 6. Common Area Easements.

The easements over and across the Common Area shall be those shown, or provided for, on the recorded Plat, and such other easements as may be established pursuant to the provisions of this Declaration. There is hereby created a blanket easement upon, across, over, and under the Common Area for installing, replacing, repairing, and maintaining all underground utilities, including but not limited to water, sewer, gas, telephone, electricity, and cable television facilities and drainage facilities, if any. By virtue of this easement, it shall be expressly permissible for the utility companies or governmental entities supplying such utility service to erect and maintain the necessary equipment under the Property and to affix, repair, and maintain water and sewer pipes, gas, electric, and telephone wires, circuits, conduits, and meters, provided such utilities do not interfere with the use and enjoyment of the Conunon Area. In addition, the Master Association, its Board, agents, managing agent, and employees shall have an unrestricted, irrevocable easement to traverse, cross, and utilize any portion of the Common Area which may be necessary in order to perform any of its functions as described in this Declaration. Emergency vehicles and attendants shall have the right during emergencies to access through the Property, including, without

limitation, the right to use any portions of the Common Area, and any private drives and parking areas within the Property.

Section 2. 7. Mechanic's Lien R.iqhts and Indemnification. No labor performed or materials furnished and incorporated within a Lot with the.consent of or at the request of the Owner thereof or his agent, or his contractor or sub-contractor, shall be the basis for the filing of a lien against any other Lot if the Owner of such other Lot has not expressly consented to, or requested the same, or the Common Area, unless the Master Association has executed a written contract with contractor for the work performed on the Common Areas. Each Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against such other Owner's Lot for construction performed, or for labor, materials, services, or products incorporated in the Owner's Lot at such owner's express or implied request. The provisions herein contained are subject to the rights of the Master Association as set forth in this Declaration. Notwithstanding the foregoing, any First Mortgagee of a Lot who shall become the Owner of such Lot pursuant to a lawful foreclosure sale or the taking of a deed in lieu of foreclosure shall not be under any obligation to indemnify or hold harmless any owners of the abutting Lots or the Master Association against liability for claims arising prior to the date such First Mortgagee becomes an Owner, but shall be under such obligation for any claims arising thereafter.

Section 2. 8. Unlawful Activity Prohibited. No unlawful use shall be made of the Project or any other property in which the Master Association owns an interest, nor any part thereof, and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction shall be observed.

AR.TICLE III

MASTER ASSOCIATION AND MEMBERSHIP

Section 3. 1. Master Association. The administration of the Project shall be governed by this Declaration, the Articles, the Bylaws, and the Rules and Regulations of the Master Association. The Master Association has been or will be formed as a Colorado nonprofit corporation. The Master Association shall have the duties, powers and rights set forth in this Declaration ) and in the Articles and Bylaws.

Section 3.2. Board. Except as otherwise provided in this Declaration, the affairs of the Master Association shall be

managed by the Board, which shall consist of not fewer than three persons. Notwithstanding the foregoing, until December 31, 2005, the number of Directors shall be three and the Declarant shall have the right to appoint all three of such Directors unless the Declarant sooner relinquishes its right of appointment by means of an instrument recorded in the real property records of the County. Directors appointed by the Declarant do not have to be Owners. All members of the Board not appointed by Declarant shall be Owners. Subject to the foregoing, the number, term, election and qualifications of the Board shall be fixed in the Articles or the Bylaws or both. By resolution, the Board may delegate portions of its authority to an executive committee or to other committees, to tribunals, to officers of the Master Association or to agents and employees of the Master Association, but such delegation of authority shall not relieve the Board of the ultimate responsibility for management of the affairs of the Master Association. Action by or on behalf of the Master Association may be taken by the Board or any duly authorized executive committee, officer, agent or employee without a vote of Members, except as otherwise specifically provided in this Declaration, the Articles, or the Bylaws.

Section 3.3. Mffl"h~rship in Master Association. Each Owner of a Lot shall become a Member of the Master Association upon conveyance to him of his interest in a Lot and shall remain a

Member for the period of his ownership. The Owner of a Lot shall

automatically be the holder of the membership in the Master Association appurtenant to that Lot, and such membership shall automatically pass with fee simple title to the Lot. Except as provided herein with respect to Class B membership, membership in the Master Association shall be appurtenant to and may not be separated from ownership of a Lot. Membership in the Master Association shall not be assignable separate and apart from fee simple title to a Lot, except that an owner may assign some or all of such Owner's rights as an Owner to use improvements or otherwise to a Related User or Mortgagee and may arrange for a Related User to perform some or all of such Owner's obligations as provided in this Declaration, but no Owner shall be permitted to relieve itself of the responsibility for fulfillment of all of the obligations of an Owner under this Declaration.

Section 3 • 4. Classes of ¥emh•rs. The Master Association shall have two classes of voting membership:

Class A. Class A member(s) shall be all owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote

for a Lot shall be exercised as the Owners thereof shall determine, but in no event shall more than one (1) vote be cast with respect to any one Lot. If co-Owners of a Lot cannot agree as to the manner in which their vote should be cast when called upon to vote, then they will be treated as having abstained. Fractional votes may not be cast.

Class B. Class B member(s) shall be the Declarant, which shall be entitled to three (3) votes for each Lot that it owns. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first:

(a) The date upon which ninety percent (90%) of the Lots are conveyed by the Declarant; provided, however, that if the Declarant conveys any Lot or Lots to a grantee for the purpose of resale by such grantee and the Declarant has not assigned his Class B membership with respect to such Lots to such grantee, then for purposes of Class B membership only, the Declarant shall retain its Class B voting rights with respect to each such Lot until a certificate of occupancy has been issued by the County or other appropriate governmental authority with respect to the Living Unit constructed or to be constructed upon such Lot, or until the Class B membership with respect to such Lot has otherwise ceased as hereinafter provided;

(bl

(C) Class B membership the County.

December 31, 2005; or

Recording of an instrument of relinquishment of by the Declarant in the real estate records of

Notwithstanding anything herein to the contrary, upon each annexation of additional property by Declarant as provided in Section 8.7 hereof, the Declarant shall be entitled to cast three (3) votes for each Lot it owns in the Project until the earlier of (i) the date upon which ninety percent (90%) of all Lots then declared under this Declaration and all supplements hereto have been conveyed by the Declarant to Owners other than the Declarant (except with respect to those Owners to whom the Declarant has conveyed Lots for resale as provided in subparagraph (a) above), or (ii) December 31, 2005, unless the Declarant has sooner relinquished such right as provided in subparagraph (cl above.

ARTICLE IV

D'CTIES AND POWERS OP' MASTER ASSOCIATION ·

Section 4.l. General Duties and Powers of Master Association. The Master Association has been formed to further the common interests of the Owners. The Master Association, acting through the Board or through persons to whom the Board has delegated any authorized powers of the Board, shall have the duties and powers hereinafter set forth and, in general, the powers to perform its duties described in this Declaration and, subject to any limitation set forth in this Declaration, the power to do anything that may be necessary or desirable to further the common interests of the Owners, or to maintain, improve and enhance the Common Area and other Master Association properties.

Section 4.2. Duty to Accept Property and Facilities Transferred by the Declarant. The Master Association shall accept title to any Common Area, including any improvements thereon, and related real and personal property, transferred to the Master · Association by the Declarant, together with the responsibility to perform any and all administrative functions associated therewith, provided that such property and functions are not inconsistent with the provisions contained in this Declaration. Property interests transferred to the Master Association by Declarant may include fee simple title, easements, leasehold interests and licenses to use.

Section 4.3. Duty to Manage and Care for Property. The Master Association shall manage, operate, care for, maintain and repair all Common Area and related Master Association properties and keep them in a safe, attractive and desirable condition for the use and enjoyment of the Owners, and the cost of said management, operation, maintenance, care, and repair shall be a Common Expense. The Master Association shall not need prior approval of its Members to cause such maintenance to be accomplished notwithstanding the cost thereof; provided, however, there shall be no additions, alterations, or improvements of or to the Common Area requiring an expenditure in excess of $1,500.00 per expenditure (subject to increase as provided in Section 8.13 of this Declaration) or in excess of $3,000.00 in the aggregate (subject to increase as provided in Section 8 .13 of this Declaration) in any one Assessment year without the prior approval of the Owners representing a majority of the Lots then covered by the Declaration. Such limitation shall not be applicable to the replacement, repair, maintenance or restoration of all or any portion of the Common Area. The Master Association shall have the irrevocable right to have access to each Lot from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of

any portion of the Common Area or to do any other work required or reasonably necessary under this Declaration for the proper performance of its duties hereunder, or at any time for making emergency repairs therein necessary to prevent damage to the Common Area or to another Lot. Damage to any part of a Lot resulting from the maintenance, repair, emergency repair, or replacement of any portion of the Common Area or as a result of emergency repairs to another Lot, at the instance of the Master Association, shall be a Common Expense of all of the Owners. No diminution or abatement of Common Expense Assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements or from action taken to comply with any law, ordinance, or order of a governmental authority. The damaged improvements shall be restored to substantially the same condition in which they existed prior to the damage. Notwithstanding the foregoing, if any such damage is the result of the carelessness or negligence of any Owner, then such Owner shall be solely responsible for the costs and expenses of repairing such damage.

Section 4.4. Duty to Pay Taxes. The Master Association shall pay all ad valorem taxes and governmental assessments levied upon the Common Area and other Master Association properties to which the Master Association holds fee simple title, and shall also pay all other taxes and assessments payable by the Master ,Association. Nevertheless, the Master Association shall have the right to contest in good faith any such taxes or assessments.

Section 4.5. Casualty Insurance. To the extent deemed desirable by the Board, the Master Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, casualty, fire and extended coverage insurance with respect to all insurable improvements of the Common Area and personal property owned by the Master Association, with the Master Association as the owner and beneficiary of such insurance. Insurance proceeds shall be used by the Master Association for the repair and replacement of the property for which the insurance was carried, unless otherwise provided in this Declaration. Premiums for all insurance carried by the Master Association shall be a Common Expense.

Section 4.6. Liability Insurance. To the extent deemed desirable by the Board, the Master Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, broad form comprehensive liability insurance covering public liability for bodily injury and property damage in such amounts as the Board may from time to time determine, but not in an amount less than $1,000,000.00 per person, per occurrence, covering all claims for bodily injury and/or

property damage. The policy shall contain a •severability of interests" endorsement.

Section 4.7.

General Provisions Respecting Insurance.

Insurance obtained by the Master Association may contain such deductible provisions as good business practice may dictate. Insurance obtained by the Master Association shall, to the extent reasonably possible without undue cost, contain a waiver of rights of subrogation as against the Master Association and each Owner,. and against any officer, director, agent or employee of any of the foregoing, and waivers of any defense based on invalidity arising from any acts of an Owner, and shall provide that such policies may not be cancelled or materially modified without at least thirty (30) days' prior written notice to all of the insureds, including First Mortgagees. Duplicate originals of all policies and renewals thereof, together with proof of payment of premiums, shall be delivered to all First Mortgagees who have requested in writing the same at least ten (10) days prior to expiration of the then current policies. The insurance policy or policies shall identify the interest of each Owner (Owner's name and Lot or Living Unit designation) and First Mortgagee. To the extent reasonably possible, and provided the Declarant reimburses the Master Association for any additional premium payable on a~count thereof, insurance obtained by the Master Association shall name the Declarant as an additional insured and contain a waiver of rights of subrogation as against the Declarant and any officer, director, agent or employee of the Declarant. Casualty, fire and extended coverage insurance may be provided under blanket policies covering the Common Area and other Master Association properties and/or property of the Declarant. Insurance shall· be written with companies licensed to do business in Colorado and having a Best's Insurance Report rating of at least Class X·B, or BBB+, whichever is greater, covering at least the risks set forth herein. The Board shall not obtain any policy where: {i) under the terms of the insurance company's charter, bylaws or policy, contributions or assessments may be made against the mortgagor, Mortgagee or Mortgagee's designee, or become a lien against the mortgaged property superior to a First Mortgage; or {ii) by the terms of carrier's charter, bylaws or policy, lost payments are contingent upon action of the company's board of directors, policyholders, or members; or (iii) the policy includes any limiting clauses {other than insurance conditions) which could prevent Mortgagees or the mortgagor from collecting insurance proceeds. All policies shall contain a standard non-contributory mortgagee clause in favor of each First Mortgagee of a Lot, which clause shall provide that the loss, if any, thereunder shall be payable to the Master Association, for the use and benefit of First Mortgagees as their interest may appear. If it can be obtained without undue cost, the

hazard insurance policy shall further contain an Agreed Amount Endorsement or its equivalent, and, if appropriate, an Increased cost of Construction Endorsement or its equivalent. Insurance proceeds shall be used by the Master Association for the repair or replacement of the property for which the insurance was carried. Each owner hereby irrevocably appoints the Master Association as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: (al the collection and appropriate disposition of the proceeds thereof; (bl the negotiation of losses and execution of releases of liability; (cl the execution of all documents; and (d) the performance of .all other acts necessary to accomplish such purpose. No distribution of any insurance proceeds shall be made to any owner whose Lot is encumbered by a First Mortgage unless any such proceeds are made payable jointly to such owner and such Owner's First Mortgagee, as their interest may then appear in the County's real estate records.

Section

4.8.

Fidelity Coverage.

To the extent reasonably obtainable, the Master Association shall obtain and keep in full force and effect at all times a fidelity policy or bond providing fidelity coverage against dishonest acts on the part of directors, officers, employees and volunteers of the Master Association responsible for handling funds collected and held for the benefit of the Owners or otherwise belonging to or administered by the Master Association. All such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of •employees,• or similar terms or expressions. The premium on all bonds required herein, except those maintained by a managing agent, shall be paid by the Master Association as a cost of insurance. The bonds shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of a premium) without at least ten (10) days• prior written notice to the Master Association and to any First Mortgagee who requests that such notice be given.

Section 4.9. Other Insurance and Bonds. If the Project is located in an area identified by the Secretary of Housing and Urban Development as an area having special flood hazards and the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, the Master Association shall obtain a blanket policy of flood insurance on the Common Area, if within such identified area, in an amount which is the lesser of the maximum amount of insurance available under the Act, the aggregate unpaid principal balance of the First Mortgages on the Lots, or the value of the insurable improvements. The Master Association shall obtain and maintain worlanen's compensation and employer's liability insurance as may be necessary to comply with applicable laws. The Master Association shall have the power to

obtain such other insurance and such other fidelity, indemnity or other bonds as the Master Association shall deem necessary or desirable.

Section 4, 10. Duty to Prepare Budgets. The Master Association shall prepare budgets as may be necessary or desireable in connection with the performance of any duties or the exercise of any powers of the Master Association under this Declaration.

Section 4.11. Duty to Levy and Collect Assessments. The Master Association shall levy and collect Assessments as elsewhere provided in this Declaration.

Section 4.12. Duty to Invest Funds. The Master Association shall invest its funds so as to achieve a reasonable rate of return in light of its needs for certain liquidity and the safety of such funds.

Section 4.13. Power to Acquire Property and Construct Improvements. Other than property received from Declarant (the conveyance of which is governed by Section 4.2 hereof), and subject to the limitations set forth in this Declaration, the Master Association may acquire property or interests in property for the common benefit of Owners, including improvements and personal property. Subject to the limitations set forth in this Declaration, the Master Association may construct improvements on property and may repair, maintain, remodel and demolish existing improvements.

Section 4 .14. Power to Adopt Rules and Regulations. The Master Association, acting through the Board, or the Committee, may from time to time adopt, amend, repeal and enforce Rules and Regulations as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Master Association, or the use and enjoyment of the Common Area. Any such Rules and Regulations shall be reasonable and uniformly applied. Each Owner shall comply with such Rules and Regulations. In the event of any conflict between the Rules and Regulations and the provisions of this Declaration, the provisions of this Declaration shall prevail.

Section 4.15. Power to Enforce Declaration, Articles, Bylaws. and Rules and Regulations. The Master Association shall have the power to enforce the provisions of this Declaration and the provisions of the Articles, the Bylaws, and the Rules and Regulations and shall take such action as the Board deems necessary or desirable to cause such compliance by· each Owner and each Related User. Without limiting the generality of the foregoing, the Master Association shall have the power to enforce the provisions

of this Declaration, the Articles, the Bylaws, and of the Rules and Regulations by any one or more of the following means: (a) by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration, the Articles, the Bylaws or the Rules and Regulations, by mandatory· injunction or otherwise; (b) by commencing and maintaining actions and suits to recover damages for breach of any of the provisions of this Declaration, the Articles, the Bylaws or the Rules and Regulations; (c) by levying and collecting penalty assessments; (d) by levying and collecting reasonable and uniformly applied fines and penalties, established in advance in the Rules and Regulations, from any Owner or Related User for breach of this Declaration, the Articles, the Bylaws or the Rules and Regulations by such Owner or such Related User; and (e) by exercising any remedy or remedies for nonpayment of Assessments pursuant to Sections s.11 and 5.12 hereof.

Section 4.16. Power to Convey and Dedicate Property to Government Agencies. Subject to Section 2.1 of this Declaration, the Master Association shall have the power to grant, convey, dedicate or transfer any Common Area or Master Association properties or facilities to any public or Governmental agency or authority for public use; however, if the means of ingress to and egress from a Lot is through any such Common Area, then any such grant, conveyance, dedication or transfer shall be effected so as to provide continued ingress and egress for the benefit of the Owner of such Lot.

Section 4.17. Power to Borrow Money. Subject to the limitations contained in this Declaration, the Master Association shall have the power to borrow money and, with the prior approval of the Owners and First Mortgagees of not less than two-thirds (2/3) of the Lots then subject to this Declaration, the power to encumber Master Association properties as security for such borrowing.

Section 4 .18. Power to Employ Managers t Management Contracts. The Master Association shall have the power to retain and pay for the services of a manager or managers to undertake any of the management duties and functions for which the Master Association has responsibility, and the Master Association may delegate any of its duties, powers or functions to any such manager. Notwithstanding any delegation to a manager of any duties, powers or functions of the Master Association, the Master Association and the Board shall remain ultimately responsible for the performance and exercise of such duties, powers and functions.

Section 4 .19. Power to Engage Employees. Agents and Consultants. The Master Association shall have the power to hire and discharge employees and agents and to retain and pay for legal, accounting and other services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Master Association under this Declaration.

Section 4.20. General Corporate Powers. The Master Association shall have all of the ordinary powers and rights of a Colorado nonprofit corporation, including without limitation the power and right to enter into partnerships and other agreements, subject only to such limitations upon such powers as may be set forth in in this Declaration or in the Articles or the Bylaws. The Master Association shall also have the power to do any and all lawful things which may be authorized, required or permitted to be done under this Declaration, or under the Articles, the Bylaws or Rules and Regulations, and to do and perform any and all acts ·which may be necessary or desirable for, or incidental to, the exercise of any of the express powers or rights of the Master Association under this Declaration or under the Articles, Bylaws or Rules and Regulations.

Section 4.21. Con1runn-.tion. I;: at any time or times during the continuance of ownership of the Common Area by the Master Association pursuant to this Declaration, all or any part of • the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions of this Section 4.21 shall apply:

(al Proceeds. All compensation, damages, or other proceeds received from an entity having the power of condemnation, pursuant to either a condemnation action or a sale in lieu of condemnation, is hereafter called the •condemnation Award.•

(bl Complete Taking. In the event that the entire Common Area is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condemnation Award shall be used to replace the Common Area, if practicable. In the event it is not practicable to replace the Common Area, in the sole discretion of the Board, then the Condemnation Award shall be apportioned among the Owners on the same basis as set forth in Subsection (cl of this Section 4.21, provided, however, that if a standard different from the value of the property as a whole is employed as the measure of the Condemnation Award in the negotiation, judicial decree or otherwise, then in determining such shares the same standard shall be employed to the extent it is relevant and applicable. On the basis of the principle set forth in Subsection Cc) below, the Master Association shall as soon as

practicable determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be paid into separate accounts and disbursed as soon as practicable by check made payable jointly to Owners and their respective First Mortgagees, as their interest may then appear in the County's real estate records.

·

(c) Partial Taking. In the event that less than the entire Common Area is taken or condemned or sold or otherwise disposed of in lieu of or in avoidance thereof, and the Condemnation Award, in the sole discretion of the Board, is sufficient to completely rebuild and/or replace the Common Area, and improvements thereon, damaged or taken by the condemning public authority, the Condemnation Award shall first be applied by the Master Association to the rebuilding and/or replacement of the Common Area, and improvements thereon, damaged or taken unless a "Declaration Not to Rebuild" signed by the Owners representing not less than sixtyseven percent (67%) of the votes in the Master Association and not less than sixty-seven percent (67%) of First Mortgagees of record is recorded in the real property records of the County within one hundred (100) days of the date such property was.taken or otherwise disposed of indicating their intention not to rebuild and replace. If the Board determines that the Condemnation Award is not sufficient to completely rebuild and/or replace the Common Area, and improvements thereon, damaged or taken, then the Board shall call a special meeting of the Members to approve a special assessment· to fund any additional costs of rebuilding or replacement as is provided in Section 5.7 of this Declaration. If such special assessment is approved by the Members as provided in Section 5.7, the Master Association shall first apply the Condemnation Award and then the special assessment to the rebuilding and/or replacement of such Common Area, and improvements thereon. Any surplus of the special assessment not used for rebuilding and/or replacement shall be disbursed to the Owners in equal shares (or as close to equal shares as is reasonably practicable). If the special assessment is not approved by the Members, or if a proper "Declaration Not to Rebuild" is signed and recorded as provided above, the Condemnation Award shall be allocated and disbursed as hereinafter provided. Any surplus of the Condemnation Award or other portion thereof not used for rebuilding and replacement shall be allocated according to the following procedures. The Owners of each Lot shall be entitled to a share of the Condemnation Award to be determined in the following manner: As soon as practicable the Master Association shall reasonably and in good faith allocate the Condemnation Award between compensation, damages, or other proceeds and shall apportion the amounts so allocated among the Owners as follows: (i) the total amount allocated to the taking or injury to the Common Area shall be apportioned equitably among the Owners

according to the loss suffered; (ii) the total amount allocated to severance damages shall be apportioned equitably to those Lots which were not taken or condemned; and (iii) the total amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Master Association determines to be equitable in the circumstances. If the allocation of the Condemnation Award is already established in negotiations, judicial decree, or otherwise, then in allocating the Condemnation Award the Master Association shall employ such allocation to the extent it is relevant and applicable. Distributions of apportioned proceeds shall be disbursed as soon as practicable in the same manner as provided in Subsection (bl of this Section 4.21.

(d) Notice. The Master Association shall notify in writing each First Mortgagee of any Lot that has requested in writing such notice, of the commencement of the condemnation proceedings against the Common Area and shall notify said Mortgagees in the event of the taking of all or any part of the Common Area, if the value of the Common Area taken exceeds $10,000.00.

Section 4.22. Damage. Destruction o·f Common Area Improvements.

(al Association as Attorney-in-Fact- -Damage and Destruction. This Declaration does hereby make mandatory the irrevocable appointment of an attorney-in-fact to deal with the issue of the total or partial destruction to Common Area improvements. Title to any Lot is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any subsequent OWner shall constitute appointment of the attorney-in-fact herein provided. All of the Owners irrevocably constitute and appoint the Master Association, in their names, place, and stead for the purpose of dealing with the issue of the total or partial destruction of the Common Area improvements as hereinafter provided. As attorney-in-fact, the Master Association, by its President and Secretary, shall have full and complete authorization, right and power to make, execute, and deliver any contract, deed or any other instrument with respect to the interest of an Owner which is necessary and appropriate to exercise the powers herein granted. Repair and reconstruction of the Common Area improvement (s) as used in the succeeding subsections means restoring the Common Area improvement(s) to substantially the same condition in which it existed prior to the damage. Except as otherwise herein provided, the proceeds of any insurance collected shall be available to the Master Association for the purpose of repair, restoration, or replacement unless the Owners and First Mortgagees agree not to rebuild or repair in accordance with the provisions set forth

hereinafter. Assessments by the Master Association for those purposes stated herein shall not be abated during the period of insurance adjustment and repair and reconstruction.

(bl Proceeds Sufficient. In the event of damage or destruction to the Co!lmlon Area improvements to the extent of not more than sixty-six and two-thirds percent (66-2/3%) of the total replacement cost thereof, not including land, due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the Co!lmlon Area improvement(s) shall be applied by the Master Association as attorney-in-fact, to such reconstruction, and the Common Area improvement(s) shall be promptly repaired and reconstructed. The Master Association shall have full authority, right, and power, as attorney-in-fact, to cause the repair and restoration of the Co!lmlon Area improvement(s).

(cl Proceeds Insufficient/Not More Than 2/3 Damage. If the insurance proceeds are insufficient to repair and reconstruct the Co!lmlon Area improvement(sl, and if such damage is to the extent of not more than sixty-six and two-thirds percent (66-2/3%l of the total replacement cost of the CO!lmlon Area improvement (s), not including land, such damage or destruction shall be promptly repaired and reconstructed by the Master Association, as attorney-in-fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the owners. Such deficiency assessment shall be a Collmlon Expense and ma.de pro rata according to the number of Lots in the Master Association and shall be due and payable within thirty (30) days after written notice thereof. The Master Association shall have full authority, right, and power, as attorney-in-fact, to cause the repair or restoration of the Co!lmlon Area improvement (s) using all of the insurance proceeds and such assessment. The deficiency assessment provided for herein shall be a debt of each Owner and a lien on his Lot and be enforced and collected as is provided in this Declaration with respect to special assessments. In addition thereto, the Master Association, as attorney-in-fact, shall have the absolute right and power to sell the Lot of any Owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Master Association shall cause to be recorded a notice that the Lot of the delinquent Owner shall be sold by the Master Association, as attorney-in-fact. The proceeds derived from the sale of such Lot shall be used and disbursed by the Master Association, as attorney-in-fact, in the following order:

(ll for payment of the balance of the lien of any First Mortgage on the Lot; -20-

(2) for payment of taxes and special assessment liens against the Lot, in favor of any assessing entity;

(3) for payment of unpaid · Common Expenses assessed against the Lot;

·

(4) for payment of junior mortgages and encumbrances on the Lot in the order of and to the extent of their priority; and

(5) the balance remaining, if any, shall be paid to the Owner.

(dl Proceeds Insufficient/More Than 2/3 Damage. If the insurance proceeds are insufficient to repair the Common Area improvement (s), and if such damage is more than sixty-six and twothirds percent (66-2/3%) of the total replacement cost of all the Common Area improvement (s), not including land, such damage or destruction shall be promptly repaired and reconstructed by the Master Association, as attorney-in-fact, using the proceeds of a special assessment (which shall not require a vote of the Members) to be made against all of the Owners and their Lots; provided, however, that the Owners representing not less than sixty-seven percent (67%) of the votes in the Master Association and not less

than sixty-seven percent (67%) of the First Mortgagees of record may agree not to repair or reconstruct the Common Area improvement(s) by signing and recording in the real estate records of the County a "Declaration Not to Rebuild" within one hundred (100) days of the date of such damage. In such event, the insurance settlement proceeds shall be collected by the Master Association, such proceeds shall be divided by the Association equally, and such divided proceeds shall be paid into separate accounts, each such account representing one of the Lots. Each such account shall be in the name of the Master Association, and shall be further identified by Lot designation and the name of the Owner. From· each separate account, the Master Association, as attorney-in-fact, shall use and disburse the total amount of each such account without contribution from one account to another as attorney-in-fact, for the same purpose and in the same order as is provided in subsection (c) of this Section 4.22.

AR.TICLE V

ASSESSMENTS

Section 5.1. Allocation for Assessments for Owners. All Owners, excluding Declarant, shall be obligated to pay the estimated Assessments imposed by the Master Association to meet the Common Expenses, reserves, and insurance costs of the Master Association. The Assessments (except Individual Assessments and penalty assessments) shall be divided among all of the Lots equally. Declarant agrees to pay to the Master Association until such time as its Class B membership is converted to Class A membership as provided in Article III herein a sum equal to the difference between the operating expenses of the Master Association, exclusive of reserves, and the amount of funds payable by the other Owners to the Master Association. Once Declarant's Class B membership is converted into Class A membership as provided in Article III herein, Declarant shall be subject to the same Common Expense Assessments as are applicable to Lots owned by other Owners.

Section 5. 2. Due Date. Common Expense Assessments shall be payable in such manner and in such installments as may be determined from time to time by the Board; provided, however, that Common Expense Assessments shall be paid to the Association at least annually. If any such Assessment or installment thereof shall not be paid within ten (10) days after it shall become due and payable, the Board may assess a "late charge• thereon in an amount not exceeding Twenty-Five and No/l00ths Dollars ($25.00) per month to cover the extra cost and expenses involved in handling such delinquent Assessments. The Master Association shall cause to be prepared and delivered or mailed to each Member at least once each year a payment statement setting forth the estimated Common Expense Assessments for the ensuing year.

Section 5. 3. Prora tions. In the event membership in the Master Association commences on a day other than the first day of the Assessment period, the Assessments for that period will be prorated.

Section 5.4. Commencement/Amount of Common Expense. Common Expense Assessments shall commence as to all Lots on the first day of the month following the conveyance of the first Lot by Declarant to an Owner other than Declarant. Common Expense Assessments shall be based upon the cash requirements deemed to be such aggregate sum as the Board shall determine, at least thirty (30) days· in advance of each Assessment year, as necessary to provide for the payment of all estimated expenses relating to or

connected with the administration, maintenance, ownership, insurance, repair, operation, addition, alteration, and improvement of any recreational facilities and other portions of the Common Area, the Project, and personal property owned by the Master Association. Said sum may include, but shall not be limited to, expenses for management; landscaping and care of Common Area grounds; Common Area lighting and heating; Common Area repairs and renovations; wages; trash collection, water, sewer, gas, electric, and other utility charges relating to the Common Area; insurance premiums and bond; legal and accounting fees; management fees; expenses and liabilities incurred by the Board under or by reason of this Declaration and the Articles and the Bylaws; the creation of reasonable contingency reserves, working capital, and/or sinking funds; and any and all other costs and expenses relating to the Common Area and/or the Project. Written notice of Common Expense Assessments shall be sent to every Owner subject thereto.

Section S.S. No Waiver. The omission or failure to fix any Assessment or deliver or mail a statement for any period shall not be deemed a waiver, modification, or release of the Members from their obligations to pay the same.

Section 5.6. Reserve P'ulld(s). The Master Association shall be obligated to establish a reserve fund or funds for the maintenance, repair, and replacement of those Common Areas and facilities that 11\USt be replaced periodically and such reserve fund or funds shall be funded through the monthly payments of the Common Expense Assessments and not by extraordinary special assessments.

Section 5.?. Special Assessment. In addition to the Assessments authorized above, the Master Association may at any time and from time to time determine, levy, and assess in any Assessment year, which determination, levy, and assessment may be made by the Board with the consent of two-thirds (2/3) of the votes of the Members of the Master Association who are voting in person or by proxy, and, prior to December 31, 2005, with the consent of Declarant, a . special assessment applicable to that particular Assessment year for the purpose of defraying, in whole or in part, payments for any deficit remaining from a previous period and the unbudgeted costs, fees, and expenses of any construction, renewal and reconstruction, repair, demolition, replacement, or maintenance of the Common Area, specifically including any fixtures and personal property relating thereto; provided, however, such consent shall not be required if such acts are otherwise specifically covered by Article IV of this Declaration, in which case the specific provisions of Article IV shall apply. The amounts determined, levied, and assessed pursuant hereto shall be assessed

to each Lot equally, and shall be due and payable as set forth in the Notice of Assessment promulgated by the Board.

Section S.S. Individual Assessments. The Board shall levy against particular Lots Individual Assessments to cover the Master Association's cost of providing services which benefit only those particular Lots, or which otherwise are properly allocable to these Lots. By way of example only, the Board may levy Individual Assessments against a Lot to reimburse the Master Association for the expense of performing maintenance required to be performed by that Lot's Owner but which such Owner has failed to so perform. By way of further example only, upon demand by the Committee and receipt of reasonably satisfactory evidence supporting the same, the Board promptly shall levy Individual Assessments against a Lot to reimburse the Committee for its costs in removing nonconforming improvements, and upon collection of the same, promptly shall remit the amount of such costs to the Committee. Individual Assessments shall be levied in addition to all other Assessments levied by the Association and shall not be subject to the provisions of Section 5.7 of this Declaration.

Section 5.9. Joint Liability. All Owners of a particular Lot shall be jointly and severally liable to the Master Association for the payment of all Assessments attributable to such Lot, including without limitation the annual Common Expense Assessments, Individual Assessments, special assessments and penalty assessments assessed against their particular Lot.

Section s.10. Penalty Assessments. In addition to the Assessments authorized by this Article, the Master Association may levy penalty assessments which will include penalties or fines imposed against individual Owners for violations of the provisions of this Declaration or the Articles, the Bylaws, or the Rules and Regulations. Any such penalty assessments will be levied only after compliance with the Notice and Hearing procedures set out in the Bylaws. Any penalty assessment not paid within thirty (30) days of the date on which it is due will bear interest at a rate equal to the lesser of (al the maximum rate permitted by applicable law (if any), or (bl eighteen percent (18%) per annum commencing retroactively on the date the Assessment was due and continuing until the Assessment, together with any accrued interest thereon, is paid in full. All penalty assessments shall be enforced and collected in the same manner as all other Assessments required to be paid by such Owner(s).

Section 5.11. Lien for Nonpayment of Assessments.

(a) All sums assessed by the Association but unpaid by the Owner of any Lot, including interest thereon at a rate equal to the lesser of (i) the maximum rate permitted by applicable law (if any) or (ii) eighteen percent (18%) per annum commencing the first day after the due date [except in the case of special assessments wherein such interest commences thirty (30) days after the due date] , shall constitute a lien on such Lot superior (prior) to all other liens and encumbrances, except only for all sums unpaid on a First Mortgage of record, including all unpaid obligatory sums as may be provided by such encumbrance and including additional advances made thereon prior to the arising of such lien, and except for tax and special assessment liens in favor of a governmental assessing entity. Each Owner hereby agrees that the Master Association's lien on a Lot for Assessments shall be superior to any homestead exemption provided by Section 38-41-201, C.R.S., or by other state or federal law and each Owner agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within the Project shall signify such grantee's waiver of such homestead rights with respect to such lien.

(b) To evidence such lien for unpaid Assessments,

the Master Association shall prepare a written notice setting forth • the amount, the name of the Owner of the Lot, and a description of the Lot. Such notice shall be signed on behalf of the Master Association by an officer of the Master Association and shall be recorded in the real estate records of the County. Such lien shall attach from the date of the failure of payment of the Assessment, and may be enforced by foreclosure by the Master Association of the defaulting Owner's Lot in like manner as Mortgages on real property. The lien provided herein shall be in favor of the Master Association and for the benefit of all of the Owners. In any such foreclosure or lawsuit to recover a money judgment, the Owner shall be required to pay the costs and expenses of such proceedings, the costs, expenses, and attorneys' fees for filing the notice or claim of lien, and all reasonable attorneys' fees in connection with such foreclosure or lawsuit. The Owner shall also be required to pay the Master Association the Assessments for the Lot during the period of foreclosure and the Master Association shall be entitled to a receiver to collect such sums. The Master Association, on behalf of the Owners, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage, and convey such Lot.

Section 5.12.

Member's Obligation for Payment of Assessments.

All amounts assessed by the Master Association against each Lot, whether as a Common Expense, special assessment,

or penalty assessment, including interest thereon at eighteen percent (18%) per annum commencing the first day after the due date [except in the case of special assessments wherein such interest commences thirty (30) days after the due date], shall be the personal and. individual debt of each Owner at the •time the Assessment is made. Suit to recover a money judgment for unpaid Assessments shall be maintainable without foreclosing or waiving any lien securing the same. No Owner may exempt himself from liability for his contribution toward the expenses of the Master Association by a waiver of the use or enjoyment of any of the common Area or by abandonment of his Lot.

Section 5.13. Liability for Common Expenses Upon Transfer of Lot.

(a) Upon payment of a reasonable fee not to exceed Fifty and No/l00ths Dollars ($50.00), subject to increase as provided in Section 8.13 of this Declaration, and upon the written request of any Owner, any Mortgagee, or any prospective Mortgagee, the Master Association shall issue a written statement setting forth the amount of the unpaid Assessments, if any, with respect to such Lot, the amount of the current month1y Assessments and the date that such Assessments become due, any credits for advanced payments or for prepaid items, including, but not limited to, insurance premiums, which statement shall be conclusive upon the Master Association in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within thirty (30) days, all unpaid Assessments which become due prior to the date of making such request shall be subordinate to the interest of the Owner requesting such statement, or to the lien of the Mortgagee or prospective Mortgagee requesting such statement.

(bl The grantee of a Lot, including a first Mortgagee who comes into possession of a Lot pursuant to the remedies provided in its Mortgage or becomes an Owner of a Lot pursuant to foreclosure of its Mortgage or by the taking of a deed in lieu thereof, and any purchaser at a foreclosure sale, shall not be liable with the granter for unpaid Assessments against the latter for the grantor's proportionate share of Common Expenses up to the time of the grant or conveyance of a Lot, unless the grantee expressly assumes such liability. Any such express assumption shall be without prejudice to the grantee's right to recover from the granter the amounts paid by the grantee therefor. Upon payment of a reasonable fee not to exceed Fifty and No/lO0t:.s Dollars ($50.00) subject to increase as provided in Section 8.13 of this Declaration, and upon written request, any prospective grantee shall be entitled to a statement from the Master Association -26-

setting forth the amount of the unpaid Assessments, if any, with respect to the subject Lot, the amount of the current monthly Assessments and the date that such Assessments become due, any credits for advanced payments or for prepaid items, including, but not limited to, insurance premiums, which statement shall be conclusive upon the Master Association. Unless such request for a statement of indebtedness shall be complied with within thirty (30) days of such request, then a grantee shall not be liable for, nor shall the Lot conveyed be subject to, a lien for any unpaid Assessments against the subject Lot which become due prior to the date of making such request.

(cl Notwithstanding any terms and conditions of this Declaration, the sale or transfer of any Lot shall not affect the lien for said Assessments, except that the sale or transfer of a Lot pursuant to foreclosure of a First Mortgage, or any proceeding in lieu thereof, including a deed in lieu of foreclosure shall extinguish the lien of Assessments which became due prior to any such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure. Further, no First Mortgagee shall be liable for any unpaid Assessments accruing prior to the time such Mortgagee becomes the Owner of any Lot or takes possession of a Lot pursuant to the remedies provided in its Mortgage, whichever event is later. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, shall relieve any Owner from liability for any Assessments thereafter becoming due, nor from the lien thereof.

ARTICLE VI

DESIGN REVIEW COMMITTEE

Section 6.1. Composition - Removal. The Committee shall be composed of three members. The three (3) members shall be selected by the Declarant, until the Declarant relinquishes its interest in the Committee pursuant to this Section 6.1. Such members designated by the Declarant may be removed at any time by the Declarant and in the event of such removal or the death, incapacity or resignation of any one of such three members, the Declarant shall have full authority to designate a successor who, in like manner, may be removed at any time by the Declarant. The Declarant may designate a person to serve on the Committee during the temporary absence of any such member. The removal of members, the appointment of successor members, and the designation of such temporary members for the three (3) positions of such COllllllittee shall all be made by the Declarant by the execution, acknowledgment and recording in the real estate records of the

County of an appropriate instrument in writing for such purpose. Unless sooner relinquished by Declarant pursuant to a written instrument recorded in the real estate records of the County, the Declarant shall automatically relinquish all interest in the Committee on December 31, 2005 and thereafter the members of the Committee shall be designated by the Board. Senior Corp.'s rights under Sections 6. 3 and 6. 5 of this Declaration shall not be affected by any such relinquishment.

Section 6, 2. Review by Committee. No structure, including but not limited to residences, accessory buildings, barns, stables, paddocks, antennae, flag poles, fences, walls, house numbers, mail boxes, exterior lighting, swimming pools, tennis courts, spas, irrigation system, or other improvements shall be constructed or maintained upon any Lot, nor shall any alteration, nor shall any replat of any Lots, nor shall any repainting to the exterior of a structure, be made, nor shall any landscaping be performed (all of the foregoing being sometimes individually and collectively referred to herein as "Improvements•) unless complete plans and specifications therefore, showing the exterior design, height, building material and color scheme thereof, the location of the structure(s) plotted horizontally and vertically, the location and size of driveways, the general plan of landscaping, fencing, walls and windbreaks, and the grading plan, as applicable, shall have been submitted to and approved in writing by Senior Corp., pursuant to Section 6.5 of this Declaration, and by the Committee, and a copy of such plans, specifications, as finally approved, deposited with the Committee; except for any Improvements made by Declarant or except as prior approval may be waived or certain improvements exempted in writing or under written guidelines or rules promulgated by the Committee because approval in such case or cases is not reasonably required to carry out the purposes of this Declaration.

Section 6.3. Procedures. The Committee will charge a fee, to be set by the Committee, for the review of each set of plans and specifications submitted for each Lot. The Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvements or that the fee shall be determined in any other reasonable manner, such as based upon the estimated cost of the proposed Improvements. Such charges shall be paid by- the person or persons submitting such plans and specifications for approval to the Committee.

The Committee shall, from time to time, issue guidelines or rules (the "Architectural Guidelines•) relating to the procedures, materials to be submitted and additional factors which will be taken into consideration in connection with the approval of

any proposed Improvements. The Architectural Guidelines may specify circumstances under which the strict application of limitations or restrictions under this Declaration will be waived or deemed waived in whole or in part because strict application of such limitations would be unreasonable or unduly harsh under the circumstances. The Architectural Guidelines may waive the requirement for approval of any one {l) or more Improvements or exempt any one (l) or more Improvements from the requirement for approval, if such approval is not reasonably required to carry out the purposes of this Declaration.

A quorum at any meeting of such Conunittee shall consist of two (2) of the members thereof and any decision shall be reached by the vote of a majority of such members. The Conunittee's approval or disapproval, as required by any provision of this Declaration shall be in writing. The Conunittee shall approve or disapprove within thirty (30) days after plans and specifications have been actually received by it, unless such time period is extended by :mutual agreement. The decision of the Conunittee shall be promptly transmitted to the persons or entity submitting the request for approval {the •Applicant•) at the address of the Applicant furnished by the Applicant to the Conunittee. No plans shall be approved by the Conunittee unless said plans comply in every respect with the Architectural Guidelines, or the Conunittee grants a waiver, exemption or variance to the Architectural Guidelines. Notwithstanding the foregoing, no plans shall be approved nor any variances granted by the Conunittee prior to December 31, 2005 (unless Senior Corp. sooner relinquish its rights as provided in Section 6.5) unless Senior Corp. has notified the Conunittee in writing that pursuant to Section 6.5 of this Declaration, Senior Corp. has approved the plans and/or variances. The Committee shall maintain written records of all applications submitted to it and of all actions it has taken. The Conunittee or its duly authorized representative shall not be liable, in any manner, for any action or failure of action taken in these premises.

Section 6. 4. Committee's Discretion and Enforcement Powers. The Conunittee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations of lands and structures thereon within the Project conform to and harmonize with existing surroundings and structures. The Conunittee shall not be liable in damage to any person submitting a request for approval or to any Owner within the Project by reason of any action, failure to act, approval, or disapproval with regard to such request. Approvals by Senior Corp. and/or the Conunittee are related to the aesthetics and no party shall rely upon such approvals as certifying structural integrity, safety, engineering,

soil conditions or absence of natural hazards; and neither Senior Corp. nor the Conmtittee shall be liable for defects in the structural integrity, engineering or soils conditions or from effects of natural hazards.

Regardless of any approval granted by the Conmtittee or any governmental or quasi-governmental entity,·if any Improvements are made in the Project which do not comply in every respect with the Architectural Guidelines, then the Conmtittee may require removal of the nonconforming Improvements. If the non-conforming improvements are not timely removed as required by the Conmtittee, then the Conmtittee may enter the Property and/or Lot and remove the nonconforming Improvements and, pursuant to Section 5. 8 require the Board to assess the Owner for the Conmtittee's costs. If any of the above listed activities are commenced without the approval of the Conmtittee and Senior Corp. as provided herein, the Owner also shall be subject to a fine of $200.00 per day for every day the violation exists, which fine shall be paid to, and the collection of which as a penalty assessment may be enforced by, the Master Association. By the purchase of a Lot, each Owner agrees, and by its acceptance of title to any Common Area, the Master Association agrees, that the Conmtittee or its designated representatives may enter upon any Lot or other portion of the Project at any reasonable time to remove the nonconforming Improvements. The Board and/or Conmtittee shall have all rights at law and equity to enforce these covenants and the selection of any one remedy shall not be deemed an exclusive remedy, and the Conmtittee may concurrently or subsequently utilize other remedies to enforce the covenants on the same matter.

Section 6.5. Senior's Reviews and Approvals.

Senior Corp. or its successors or assigns designated in writing shall approve or disapprove each replat, home plan and specifications for each structure, improvements including, without limitation, barns, stables, and paddocks, Living Units placed on the properties and all plans and specifications for grading, landscaping, exterior lighting, irrigation systems, swinmting pools, tennis courts, spas, fences, signs, or appurtenant uses, or for other Improvements, in the Project. Said approval or disapproval is intended for all initial construction and subsequent modifications commenced prior to December 31, 2005, unless Senior Corp. sooner relinquishes its right to approve and disapprove pursuant to a written instrument recorded in the real estate records of the County. The Owner shall concurrently upon submittal of plans and specifications to the Conmtittee also submit to Senior Corp., or its successor or assign designated in writing, said plans and specifications for approval together with a review fee for each plan as set bY the Conmtittee. No submittal shall be deemed complete until all plans, including

architectural, tree removal, landscaping, driveway and parking, exterior lighting, fencing, signing and appurtenant uses and facilities, including, without limitation, ba=s, stables, and paddocks, and the review fee have been submitted. Senior Corp., or its successor or assign designated in·writing, shall use its best efforts to approve, approve with conditions or disapprove said plans within twenty (20) days after receipt of complete ·plans and any additional extensions of time mutually agreed to by the parties. Senior Corp. may develop written criteria to be used by Senior Corp. for reviewing plans pursuant to this Section 6.5 which written criteria, if developed, shall be made available to Applicants. Senior Corp., or its successor or assign designated in writing, shall review the plans primarily for aesthetic purposes and conformance with community goals, and no party shall rely upon such approvals as certifying or approving structural integrity, safety, engineering, soils conditions or absence of natural hazards. Senior Corp. and its successors and assigns shall not be liable for any defects in engineering, structural integrity, safety, soils conditions or from effects of natural hazardS. Senior Corp., or its successor or assign designated in writing, shall promptly notify the Applicant and the Committee in writing of each and every decision by Senior Corp., or its successor or assign designated in writing, to approve, approve with conditions or disapprove submitted plans and specifications.

Section 6. 6. Appeal to Board. If the Committee or Senior Corp., or its successor or assign designated in. writing, denies, imposes conditions on, or refuses approval of a proposed Improvement, the Applicant may appeal to the Board by giving written notice of such appeal to the Master Association, the Committee and Senior Corp., or its successor or assign designated in writing, within thirty (30) days after such denial, imposition of conditions or refusal. The Board shall appoint a tribunal pursuant to the Bylaws and the tribunal shall hear the appeal in accordance with the provisions of the Bylaws for Notice and Hearing, and, based upon the tribunal's findings and recommen_dations, the Board shall decide whether or not the proposed Improvement or conditions imposed by the Committee and/or Senior Corp., or its successor or assign designated in writing, shall be approved, disapproved or modified.

Section 6,7. Failure of Committee or Senior Corp. to Act on Plans. 'Any request for approval of a proposed Improvement shall be deemed approved by the Committee or by Senior Corp., or its successor or assign designated in writing, as applicable, unless notice of disapproval or a request for additional informat.ion or materials is given to the Applicant by the Committee or Senior Corp., or its successor or assign designated in writing, whichever

is appropriate, within thirty (30) days after the date of receipt by the Committee or twenty (20) days after the receipt by Senior Corp., or its successor or assign designated in writing, of all required materials, unless such time period is extended by mutual agreement.

Section 6.B. Appeal to Court of Law. Nothing under the provisions of this Article VI shall preclude the right of an aggrieved Applicant to appeal any decision of the Committee, Senior Corp., or its successor or assign designated in writing, or the tribunal, to a court of law for a final decision; provided, however, such aggrieved Applicant must first have exhausted all of his or her remedies and appeal procedures, if any, as are authorized under this Declaration. The Committee or Senior Corp., or its successor or assign designated in writing, may also appeal any decision of the Board to a court of law for a final decision.

Section 6. 9. Development by Declarant. Notwithstanding any other provisions of this Article VI and of Article VII of this Declaration which may be to the contrary, the provisions of this Article VI and of Article VII of this Declaration shall not apply to any Improvements proposed or made by the Declarant, or its successors or assigns designated in writing, in connection with its development, construction, promotion, marketing, sale or leasing of properties within the Project.

ARTICLE VII

LAND USE RESTRICTIONS

Section 7.1. County Regulations. Zoning ordinances, rules and regulations of the County are considered to be a part hereof, and to any extent that these covenants might establish minimum requirements which conflict with the minimum requirements established by said zoning ordinances, rules and regulations, the most restrictive shall apply.

Section 7. 2. Residential Purposes Only. All Lots shall be for residential purposes only and no building shall be erected or placed on any Lot other than one private residential structure, together with one Outbuilding, as provided in Section 7.5, and one Caretaker Residence as provided in Section 7. 6 of this Article VII. No more than one-single family, its servants and occasional guests may reside upon any one Lot. For this section, family shall mean and refer to persons related by blood or marriage, by legal adoption or by operation of law.

Section 7,3. No Business Activity. Except for a permitted business activity as described in this Section 7.3, no trade, business or commercial activity shall be conducted, carried on or practiced on any Lot or in a Living Unit constructed thereon and the Owner of said Lot shall not suffer or permit any Living Unit erected thereon to be used or employed for any purpose that will constitute a nuisance in law or that will detract from the residential value of said Lot or the other Lots in the Project. Nothing herein shall prevent an Owner from renting or leasing his Living Unit for a single family residence. The establishment of sales offices or model homes pursuant to Section 7 .26 of this Declaration is deemed a permitted business activity, and exempt from this Section.

Section 7.4. Living Unit. Each single-family Living Unit shall be built on at least one Lot and shall meet the requirements for minimum dwelling size.

Cal One-story Living Unit. The ground floor area of a one-story Living Unit, exclusive of porches, patios, and garages shall not be less than two thousand two hundred (2,200l square feet total.

(bl Two-Story Livirig Unit. The ground floor area • of a two-story or multi-story Living Unit, . exclusive of porches, patios, and garages shall not be less than one thousand five hundred (l,S00l square feet total. A two-story or multi-story Living Unit shall not be less than two thousand two hundred (2,200 l square feet total for the ground and upper stories.

(cl Orientation of Living Unit. The Living Unit shall be constructed so that the front of the Living Unit faces generally toward the front lot line. Exceptions for the orientation of the unit may be granted by the Committee if the exterior appearance of sides or rear of house facing the front lot line·is equal to or better appearing than the front of the house.

(dl Submittal of Plans and Specifications for the Living Unit. Prior to construction of the Living Unit, the Owner shall submit to the Committee, for its approval, the plans and specifications for the Living Unit in accordance with the provisions of Section 6.2 hereof.

(el construction by Approved Builder. The Living Unit to be constructed on the Lot must be constructed by an •Approved Builder.• An •Approved Builder• is a builder that

has been approved, and at the time of construction is currently approved, by the Declarant to construct Living Units, Caretaker's Residences and outbuildings in the Project. This requirement to use an •Approved Builder• shall not apply to any remodeling, restoration or replacement of a Living Unit previously constructed on the Lot in accordance with this Declaration and the Architectural Guidelines.

Section 7.5. outbuildings.

(al Types. Only the following outbuildings are pennitted on the Lots: barns and detached garages not directly attached to the Living Unit which it serves. No storage sheds or tool sheds are permitted on any Lots.

(bl Number of Outbuildings. Only one Outbuilding may be constructed upon each Lot.

(cl size of outbuilding •

i) . The outbuilding shall not exceed one and one-half (1¼) stories in height;

ii) The ground floor area of an outbuilding serving as a detached garage shall not exceed eight hundred (800) square feet;

iii) The ground floor area of an outbuilding serving as a barn shall not exceed seven hundred fifty (750) square feet;

iv) If the outbuilding will serve as a combined detached garage and barn, the ground floor area of the outbuilding shall not exceed one thousand three hundred (1,300) square feet. Notwithstanding the foregoing, in no event shall the ground floor area of an outbuilding exceed the ground floor area of the Living Unit on the Lot;

(dl Location of outbuilding. The OUtbuilding must be placed on the rear portion of the Lot, which is that portion of the Lot between the rear Lot line and the nearest line or point of the Living Unit, and shall be set back at least twenty-five (25) feet from the side and rear lot lines.

(el Design of outbuilding. The outbuilding must be of design, materials and style related to, and compatible with, the design, materials and style of the Living Unit.

(fl Submittal of Plans and Specifications for Outbuilding. Prior to construction of the Outbuilding, the Owner shall submit to the Committee, for its approval, the plans and specifications for any Outbuilding in accordance with the provisions of Section 6.2 hereof.

(gl construction by an Approved Builder. The Outbuilding to be constructed on the Lot must be constructed by an "Approved Builder.• An •Approved Builder• is a builder that has been approved, and at the time of construction is currently approved, by the Declarant to construct Living Units, Caretaker's Residences, and Outbuildings in the Project. This requirement to use an •Approved Builder• shall not apply to any remodeling, restoration or replacement of an Outbuilding previously constructed on the Lot in accordance with this Declaration and the Architectural Guidelines.

Section 7.6. Caretaker Residence. In addition to one Outbuilding, pursuant to Section 7.5 hereof, one Caretaker Residence may be constructed upon each Lot.

(al Number and Use. A Caretaker Residence shall be a dwelling unit accessory to the Living Unit, not directly attached to the Living Unit which it serves, and shall be arranged, designed and intended for occupancy by a person or persons owning, employed in or dealing with, and responsible for security, maintenance or the care of the Living Unit, Lot, or uses permitted thereon.

(bl size of caretaker Residence.

il The Caretaker Residence shall not exceed one and one-half (1¼) stories in height;

ii) The ground floor area of a caretaker Residence shall not exceed one thousand (1,000) square feet.

(cl Location of caretaker Residence. The caretaker Residence must be placed on the rear portion of the Lot, between the rear lot line and the nearest line or point of the Living Unit, and shall be set back not less than twenty (20) feet from any road or any other property line.

(dl Design of caretaker Residence. The caretaker Residence must be of design, materials and style related to, and compatible with, the design, materials and style of the Living Unit.

(el Submittal of Plans and Specifications for Caretaker Residence. Prior to construction of a caretaker Residence, the Owner shall submit to the Conmittee, for its approval, the plans and specifications for any caretaker Residence in accordance with the provisions of Section 6.2 hereof.

(fl Construction by an Approved Builder. The Caretaker Residence to be constructed on the Lot must be constructed by an •Approved Builder.• An "Approved Builder• is a builder that has been approved, and at the time of construction is currently approved, by the Declarant to construct Living Units, Caretaker's Residences and Outbuildings in the Project. This requirement to use an •Approved Builder• shall not apply to any remodeling, restoration or replacement of a Caretaker Residence previously constructed on the Lot in accordance with this Declaration and the Architectural Guidelines.

Section 7.7. Household Pets.

(al Pets Allowed. Only household pets shall be raised, grown, maintained or cared for upon any Lot. Household pets shall mean and refer to any species of animal completely kept as a pet, as a custom in the community, within households, not of a type commonly raised as livestock on a farm, and the keeping of which is not prohibited by county ordinance, and subject to the provisions 0£ Section 7.10. No more than two (2l adult household pets of any kind shall be kept, maintained or cared for upon any Property or Lot.

(bl Leash Requirements. Household pets shall not be allowed to run at large within the Project, but shall be at all times on a leash. Household pets may run at large on the Owner's Lot, so long as such household pets are confined to the Lot in a fenced area.

(cl No Nuisance. All Lots and other portions of the Project must be maintained in a clean and odor free condition. No household pets shall be permitted if they cause a nuisance or odors or if noises from the household pets affect the use and enjoyment of neighboring properties.

(dl Enforcement. The Board shall have the right to detain and impound, or otherwise cause the removal from the Project of, household pets which cause a nuisance, including, but not limited to, violations of subsection (cl above, run at large, which annoy or threaten other Owners, Related Users or their household pets or horses, or which otherwise violate the provisions of this Declaration, the Articles, Bylaws, or Rules and Regulations •

(el Buildings and Fences for Household Pets. The Committee's approval is required, pursuant to Article VI of this Declaration, for the erection and maintenance of buildings and fences for household pets or other animals.

Seciton 7. 8. Horses. Horses, except stallions, will be allowed upon a Lot only if the following criteria are met:

(al Number of Horses. Subject to Section 7.9, no more than two (2) horses will be allowed for each Lot of two (2.0) acres, and no more than three (3) horses will be allowed for each three (3.0) acre Lot.

(bl ~-

A ba=, constructed in accordance with the provisions of Section 7.5, may be provided on each Lot only for use by horse(s) and shall not include more than one stall for each allowable horse.

(cl Paddock or corral. corral may be included on the Lot.

An outdoor paddock or

i) filli. The paddock or corral shall not exceed five hundred (500) square feet total.

ii) Location. The paddock or corral must be • adjacent to the ba=. The paddock or corral must be located on the rear of the Lot, between the rear Lot line and the nearest line or point of the Living Unit, and shall be set back a minimum of twenty-five (25) feet from any road or any other property line.

iii) ~- Paddocks or corrals shall be used by horse(s) only for exercising, roaming, and walking, and shall not be used for grazing.

iv) Paddock/Corral Fences. Paddock/Corral fences shall be white three-rail fences of solid wood, coated with a white polymer coating, or other permanent white surface which does not require painting and is essentially maintenance-free. The paddock/corral fences shall not exceed five (5) feet in height.

(dl Runoff and Erosion control. The runoff and erosion from each ba= and paddock or corral shall be controlled so the runoff of water, including wastewater, manure and any other materials from the ba= and paddock or corral areas, does not flow onto adjacent properties or Lots. The Owner shall be responsible for installing and maintaining all runoff control measures.

(el Manure Storage and Removal. No manure shall be stored in a location or manner such that it is visible. Each Owner which has horse(s) on a Lot shall be required to remove the manure, refuse from the barn and paddock and horse waste material at least two (2) times per month. An Owner shall be required to remove such materials more frequently if the accumulation is creating a nuisance, including but not limited to gathering of flies, odors drifting onto neighboring properties or unsightly conditions.

(f) No Grazing. The Owner of any horse (s) kept within a Lot must feed said horse(s) with food procured away from the Lot. In addition, the Owner must take all steps necessary to protect and maintain grass, trees, shrubs and vegetation on the Lot, including vegetation within the paddock or corral area, and shall not allow devegetation to occur. If it comes to the attention of the Committee that any Owner is grazing (al horse(s) on the Lot, or has failed to protect and maintain the vegetation, the Committee may immediately issue an order to cease and desist and take all other actions necessary to enf~rce this provision.

Section 7 .9. Consolidation of Lots/Increase in outbuilding Size and Allowable Horses. If an Owner owns ·two (2) or more adjacent lots and provides an affidavit to the Committee verifying that only one Living Unit shall be constructed on the combined lots, that the lots shall be treated as one, and the Owner waives his rights to sell any one of the lots separately; or if an Owner provides to the Committee an approved and recorded replat consolidating two (2) or more adjacent lots; then the Committee may approve in writing that a proportionate increased number of horses can be kept on the lot (s), and that one consolidated barn and paddock or corral area, proportionately larger, may be constructed on the lot(s) as follows:

(al Horses. An Owner owning two (2) or more adjacent lots or consolidating two (2) or more adjacent lots by a replat may keep four (4) horses upon the lot(s). No Owner shall be permitted to keep more than four (4) horses, regardless of the size or the number of the lot(sl consolidated.

(bl .Jag.rn. An Owner owning two (2) or more adjacent lots or consolidating two (2) or more adjacent lots by a replat may construct up to a four stall barn, provided, however, that the outbuilding serving as the barn shall not exceed one thousand two hundred (1,200) square feet total, inclusive of any detached garage combined with the.barn •

(c) Paddock or Corral. An Owner owning two (2) ormore adjacent lots or consolidating two (2) or more adjacent lots by a replat may construct a larger paddock or corral, provided, however, that the paddock or cprra,l·' area shall not exceed a maximum size of one thousand (1,000) square feet total.

Section 7.10. Prohibited Animals. All animals, except household pets as allowed in Section 7. 7, and horses, as allowed in Sections 7 •. 8 and 7. 9, shall be prohibited, including but not limited to pigs, goats, cows and cattle, stallions, fowl and poultry, rabbits, livestock, llamas, snakes and exotic animals.

Section 7.11. Commencement and Completion of Construction or Alteration.

(al Requirement to Commence construction. construction of a Living Unit shall be commenced upon a Lot within one (l) year after the Lot is sold by Declarant. After plans and specifications, erosion control plans, landscaping plans, grading plans and location have been approved by the Committee, then the construction or alteration of the same shall be carried out forthwith. · Such construction or alteration must co111111ence within a period of one hundred eighty (180) days from the date of approval unless the Committee provides otherwise. If no construction activity has taken A place within such one hundred eighty (180) day time period, • then any approval of the Committee shall be considered null and void, and any later commencement of construction or alteration that was previously approved by the Committee shall not be so commenced until a new application, including the payment of necessary fees, has been submitted to and final approval issued by the Committee.

(bl Completion. All construction or alteration must be completed within nine (9) months from the date the construction or alteration is approved; provided however, that the time limit for completion of the construction or alteration may be extended by the Committee as deemed appropriate.

Section 7.12. Specific Architectural Guidelines. The Committee shall adopt the Architectural Guidelines. The Architectural Guidelines are hereby incorporated herein and binding upon all owners of properties within the Project, including Lots. The Committee may amend or supplement the Architectural Guidelines at any time without prior notice or consent of the Owners or the Mortgagees. ·

Section 7.13. Antennae. Tanks. etc;, No radio, short wave, television, satellite dish, or other type of ante= shall be installed in the Project. No wind powered electric generators shall be allowed. No outdoor clothes lines shall be installed nor allowed to remain upon any Lot. No storage tanks, which extend above the ground shall be erected, placed, or permitted upon any Lot.

Section 7 .14. Mailboxes and External Lighting. All mailboxes and external lighting to be installed shall require the prior approval of the Conmdttee and Senior Corp. pursuant to Article VI of this Declaration and shall be of a consistent design and quality throughout the Project.

Section 7.15. Landscaping.

(al Landscaping Plan. At the time of submittal of the plans and specifications for construction of the Living Unit to the Conmdttee pursuant to Section 6.2 hereof, the Owner shall submit to the Conmdttee, for its approval, a landscaping plan for the Lot, which shall include the following:

il Tree. Ground cover and Shrubbery Plan. A plan for preparing the Lot for and planting trees and lawn, grass, or other appropriate ground cover, including natural covers, and appropriate shrubbery for the entire Lot, including the area up to the street pavement or sidewalk; however, the manicured, intensely irrigated lawn area shall be limited to six thousand (6,000) square feet; and

ii) Erosion Control Plan. A plan of the erosion control measures to be implemented to stabilize the Lot during construction and prior to landscaping and the schedule for installation of such erosion control measures.

(bl Completion of Landscaping. For the purposes of this section, a •growing season• shall mean and refer to the period of May 1 through August 31 of each year. As soon as practicable after the certificate of occupancy is issued for a Living Unit on a Lot, the Owner shall have substantially completed the landscaping, if necessary, of said Lot. In the event a certificate of occupancy is issued during a growing season, landscaping must be completed prior to the end of the next full growing season. In the event a certificate of occupancy is issued between September 1 and -40-

April 30, landscaping must be completed prior to the end of thenext immediate growing season.

(c) Protection Prior to Landscaping. In the event landscaping is not completed during the first growing season after the certificate of occupancy is issued, all areas of unplanted soil shall be protected from erosion by straw mulch and seed, hay bales and/or erosion control matting as necessary to prevent erosion, runoff and loss of bare ground areas.

(d) Existing Trees. No tree(s), whether now growing or hereafter grown upon any part of the Project, shall be cut down, moved or transplanted without the prior written approval of the Committee, provided however, that this restriction shall not apply unless such tree is more than two (2) inches in caliper as measured one {l) foot above grade, and provided further that this restriction shall not be construed to limit in any way reasonable trimming of any trees upon the Project, or which is otherwise specifically approved by the Committee.

(e) Enforcement. Should any Owner fail to comply with this Section 7.15, the Committee shall have the power to obtain an order from a court of proper· jurisdiction requiring specific performance, or alternatively, may complete the landscaping and require the Owner to pay the costs for such completion to the Master Association as an Individual Assessment • the collection and enforcement of which shall be performed by the Master Association.

Section 7.16. Fencing.

(a) Perimeter Fencing. Perimeter fencing is the fence on or along the property lines of the Lot and any fences from perimeter fence on the Lot to the Living Unit, barn and/or detached garage.

,- i) Design and Materials. All perimeter fences shall be of solid wood, coated with a white polymer coating, or other permanent white surface which does not require painting and is essentially maintenance-free, and shall be three-rail and shall match in height, spacing, elevation and shape the existing property line and equestrian trail fencing in the Project.

ii) Setbacks. Perimeter fencing used on the front of a Lot must be set back at least fifty (50) feet from the front Lot line.

iii) Attached wire Fencing. The interior side of perimeter fencing located on the rear portion of the Lot, between the rear Lot line and the nearest point or line of the Living Unit, may have attached to it steel wire of a type and design so it is not visible from a distance in order to confine children and household pets onto the Lot.

(bl Entry and Landscape Fencing. Fencing used as an integral part of any entry way or landscaping in the front yard shall be white, but may be two-rail and lower in height than the existing property line and equestrian trail fencing in the Project and may be used within the fifty (50) foot front setback.

(cl Screening Fences.

ii Design and Materials. All screening fences must be attached to an Outbuilding and shall be of design, color and materials architecturally compatible to and coordinated with the design, color and materials of the outbuilding. The screened area must be fully enclosed, on all sides. Screening fences shall not exceed five (5) feet in height and must be located on the rear portion of the Lot.

ii) ~- Screening fences shall be used solely for the purpose of screening all views of hay, manure storage, tool storage or any other exterior storage.

(dl Privacy Fences.

il Area Enclosed. The area of the Lot enclosed by the privacy fence shall be the minimum area practicable and necessary for enclosed use and shall in no case enclose the entire Lot or a substantial portion of the open area of the Lot, and shall not interfere, to the extent practicable, with the views from neighboring Lots.

ii) Design and Materials. Privacy fences may only be in close proximity to the Living Unit and integrally related to the Living Unit, but privacy fences do not need to be physically attached to the Living Unit. Privacy fences shall be of design, color and materials architecturally compatible to and coordinated with the design, color and materials of the Living Unit. Privacy

fences shall not exceed five (5) feet in height and must be located on the rear of the Lot, between the rear Lot line and the nearest point or line of the.Living Unit.

(el swimming Pool and Tennis Court Fencing.

i) Swimming Pools.• Any fencing constructed around a swimming pool on a Lot shall be of design, color and materials architecturally compatible to and coordinated with the design, color and materials of the Living Unit. Swinuning pool fences shall not interfere, to the extent practicable, with the views from neighboring Lots. Swinuning pools are not an area requiring privacy fencing. Swinuning pool fences should be visually open· but designed and constructed to provide the necessary security and safety.

ii) Tennis court Fencing. Fencing constructed around a tennis court shall not interfere, to the extent practicable with the views from neighboring Lots. Tennis court fences should be designed and architecturally compatible with the Living Unit; however, black or green vinyl or open wire fence may be acceptable. Tennis court fences shall not exceed ten (10) feet in height at the ends of the court nor four (4) feet in height along the sides of the court.

(fl Prohibited Fencing Materials. No fences or walls of brick, chain link, wire mesh, slump block, or concrete block shall be allowed.

(g) General Height and Design Requirements. Fences, walls, or hedges shall not exceed five (5) feet in height, except for tennis court fences as provided above. Fences shall be of a design and material so as to allow light to pass through and not be a solid wall.

(h) Approval Required. All fencing must be specifically approved by the Committee and Senior Corp. pursuant to Article VI of this Declaration.

(i) Fence Maintenance. The Owner shall maintain in constant repair fencing installed on such Owner's Lot and shall ensure that such fencing is sufficient at all times to prevent permitted household pets and horses located on such Lot from straying outside the boundaries thereof.

Section 7 .17. Sight Distance at Intersections. No structure, fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersections of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. No tree shall be planted within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

Section 7.18. Driveways. Vehicles and Parking.

(a) Surface Material of Driveways. All access from the nearest street to the Living Unit on a Lot shall have a permanent surface of paving, concrete or other similar material.

(bl No Street Parking. No vehicle of any kind, including but not limited to, automobiles, trucks, semi-trucks and/or trailer, buses, tractors, trailers, camping vehicles, boats, boat trailers, snow mobiles, mobile homes, two- and three-wheeled motor vehicles, or other wheeled vehicles shall be permitted to be parked on any public street within the Project or upon a Lot, nor shall parking otherwise be permitted within the Project except within a garage or at a parking lot specifically designated for such parking by the Master Association.

(c) Large Vehicles. Boats, campers, campers not on a truck, mobile or motor ,homes, trucks other than pickup trucks, horse trailers and other trailers, and other large vehicles shall not be permitted on the Property except within a structure approved in writing by the Committee for such purposes and except for vehicles of guests, visitors, and other Related Users for a period not to exceed forty-eight (48) hours in any one (1) month. Tractors, permitted vehicles other than automobiles, snow removal equipment, and garden or maintenance equipment shall be kept at all times, except when in actual use, in a structure approved in writing by the Committee for such purposes.

(dl Enforcement. Without limiting the generality of the powers of the Master Association with respect to parking, the Master Association is specifically authorized to have any vehicle parked in an area not designated for parking immediately removed at the expense of the Owner(s) of the Lot

who either owns such vehicle or whose Related Users owns such vehicle. The expenses incurred by the Master Association in accomplishing such removal (and storage, if n~cessaryl shall be an Individual Assessment levied against:"~such Owners and their Lot. ·

Section 7 .19. Owner Landscape Maintenance Obligations.

(al General. Each Owner shall be required to maintain his or her Lot in a first-class condition, which shall include, but not be limited to, cutting of ground cover, weeding, removal of rubbish, trash or garbage.

(bl Nuisance weeds. Each Owner shall kill and/or remove all nuisance plants and weeds as designated in the Colorado State Weed Plan.

(cl Replacement Landscaping. In the event of death or destruction of any landscaping, including trees, shrubbery or sodding, initially required when plans for construction have been approved, the then Owner shall be required to replace such landscaping within thirty (30l days of death or

· destruction. Such replacement landscaping shall meet the minimum standards and requirements of this Declaration and the Architectural Guidelines unless a variance is granted by the

Committee.

Section 7.20. General Owner Maintenance.

(a) Repairs to Structures. In the event of damage to any Living Unit or other structure located upon a Lot, such structure shall be repaired within thirty (30) days to substantially its original state, except if such damage renders the structure uninhabitable and a total loss, in which event the structure and all debris shall be removed from the Lot within thirty (30) days unless otherwise approved in writing by the Committee.

(b) Swales and culverts. Drainage swales and drive way culverts for each Lot shall be maintained by the Owner of ·said Lot.

(c) Screening. All equipment, garbage cans, wood piles, or outdoor storage shall be kept screened by adequate planting or conforming building materials so as to be concealed from view of neighboring residences and streets.

(dl Trash. No rubbish, trash, papers, junk or debris shall ·be burned nor allowed to remain or accumulate upon any Lot. All such waste intended for trash pickup shall not be placed in a street, driveway, yard, or any area visible from the street or neighboring residences more than twentyfour (24) hours prior to the scheduled pickup.

(el Garage Doors. closed when not in use. Garage doors shall be kept

Section 7 .21. No Temporary Structures. No temporary house, trailer, tent or other structure shall be placed or erected on any portion of the Project, and no Living Unit shall be occupied in any manner at any time prior to such Living Unit's completion, except that temporary canopies and tents may be erected for special events with the prior written approval of the Committee. Further, nothing herein shall prevent Declarant pursuant to Section 7.26 of this Declaration from establishing and maintaining construction offices, offices for security, sales offices and model homes within and upon the Project.

Section 7. 22. Signs. The construction or maintenance of billboards, "for rent• or •for sale• signs larger than six (6) square feet, and posterboards or advertising structures of any kind on any Lot is prohibited. The size, type, content, style, composition, color and location of all signs must be approved in advance by the Committee.

Section 7. 23. No Drilling or Mining. No oil or gas drilling, oil or gas development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil or gas wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Lot.

Section 7.24. Beating and Cooling Units and Solar Panels. Heating and cooling units, excepting solar panels, shall not be installed nor allowed to remain on the roof of any building or structure. Solar panels shall be approved only if installed in such a manner to cause minimal visual impact to surrounding Lots.

Section 7.25. Utility Lines. All utility lines, including but not limited to, water, sewer, gas, electric, telephone, and cable television shall be buried underground.

Section 7 .26. Sales Offices/Model B'.omes. The Declarant may permit sales offices or model homes to be maintained within the

Properties, and on specified or Living Units. Permission and signed by the Declarant.

Lots for the purpose of selling Lots for sales offices must be in writing "'l

Section 7 .27. R.esubdivision of Lots.· The Declarant with Senior Corp. • s, or Senior Corp. 's successor or assign designated in writing, written approval may until December 31, 2005, resubdivide any Lot or Lots within the Properties. No Lot or Lots shall be subdivided by the Owners or, after December 31, 2005" by the Declarant, except for the purpose of combining portions of a Lot with an adjoining Lot so that no additional building site is created thereby. In no event shall the Lots redesignated by Declarant or the owners after December 31, 2005 establish any greater· number of Lots than approved in the Plat, unless the resubdivision is approved by a majority of the owners voting.

Section 7 .28. Building Setback and View Protection. The Building Setbacks, as set forth in the Architectural Guidelines, shall be complied with on all Lots. In addition to the required Building Setbacks, plans for the construction of the Living Unit, Outbuilding, Fencing and Landscaping for each Lot should take into consideration the views from the Lot and the potential impacts of the improvements to be constructed on · the view corridors of neighboring Lots. In reviewing plans, the Design R.eview Committee will consider views and view corridors. Although the Design Review Committee will consider views, there is no guarantee that any particular views can be maintained. It is intended that each Lot within the Project can and will have a Living Unit and associated improvements, such as Outbuildings, caretakers cottage and landscaping, and that to accommodate the owner's utilization of each Lot may impair some view corridors.

Section 7.29. Easements.

(a) Easements Reserved. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat or in deeds for utility easements.

(bl Restrictions on Activities in Easements. Within these easements, no structure, planting, or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements.

(cl Owner's Maintenance Obligations. The drainage and utility easements of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.

Section 7.30. Surface Drainage and Erosion Control.

(a) Natural Flows. All natural surface drainage, whether offsite or onsite, shall always be permitted to freely pass through all Lots as required in order to reach its natural destination.

(b) Erosion. The Owner shall implement erosion control measures to stabilize the Lot during construction and prior to landscaping to protect the Lot from erosion and to prevent erosion of the Lot and runoff from the Lot from flowing onto the streets, adjoining Lots and public or common areas. The owner shall implement and maintain erosion control measures following construction and landscaping if necessary to protect the Lot from erosion and to prevent erosion of the Lot and runoff from flowing onto the streets, adjoining Lots and public or common areas.

(c) Horse Facilities. Runoff from horse facilities is prohibited, as provided in Section 7.S(d).

Section 7 .31. No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on or allowed upon any portion of the Project nor shall anything be placed on any portion of the Project which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. Additionally, the discharge of firearms on any portion of the Project is expressly prohibited.

Section 7.32. No Annoying Light. Sounds or Odors. No light shall be emitted from any portion of the Project which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any Property which is unreasonably loud or annoying; and no odor shall be emitted on any portion of the Project which is noxious or offensive to others. Habitually barking, howling or yelping dogs shall be deemed a nuisance.

sectiop 7,33. Private water supplies and sewage pis• posal. No individual water supply system shall be permitted on any Lot. An individual septic system shall be permitted on each Lot.

Section 7.34. Windows and Awnings. No reflective A materials including but not limited to aluminum foil, reflective W screens or glass, mirrored or similar type items s~ll be permitted to be installed or placed on the outside or inside'of any windows or any other part of a Lot, which can be seen' from the outside of the Project or from other portions of the Project. Further, no bed sheets, newspaper or similar items shall be permitted to be installed or placed on the outside or inside of any windows or any other part of a Lot which can be seen from outside of,the Lot, unless otherwise approved in writing by the Committee. .

Section 7 .35. Amendment of Land Use Restrictions/ Variances.

(al Amendment. Until the expiration of Declarant' s Class B membership, the right to amend, alter, or modify any part of this Article VII is hereby expressly granted to the Board, provided that no amendments, alterations or modifications shall be made by the Board without the express written consent of Senior Corp. or its successor or assign designated in writing. Thereafter, such right can only be exercised by Members of the Association as elsewhere provided in this Declaration.

·· (bl Variances. Notwithstanding the foregoing, the Committee, with, until December 31, 2005, the consent of A Senior Corp. or its successor or assign designated in writing, W may authorize variances from compliance with any of the provisions, covenants, conditions and restrictions contained in this Article VII when circumstances such as topography, natural destructions or hardship may require. Such variances must be evidenced in writing and may be recorded. If such variances are granted, no violation of· the provisions, covenants, restrictions, and conditions contained in this Article VII shall be deemed to have occurred with respect to the manner for which the variance was granted, and subsequent Owners may rely on and shall be bound by the provisions set forth in the variance. The granting of such a variance shall not operate to waive any of the provisions, covenants, conditions and restrictions contained in this Declaration for ii!-IlY purpose except as to the particular portion of the Property and the particular provision covered by the variance.

Section 7.36. Rules and Regulations. The restrictions contained in this Article VII are minimum restrictions, and nothing contained herein shall restrict the right of the Board to adopt

more stringent restrictions as permitted by Section 2.l(c} of this Declaration.

Section 7 .37. Severability. In the event any provisions of the Land Use Restrictions contained in this Article VII, or any part thereof, shall be held to be unenforceable by a court of competent jurisdiction, the remaining provisions will be unaffected.

ARTICLE VIII

GENERAL PROVISIONS

Section 8.1. Enforcement. The Owner of any Lot within the Project, or the Master Association, or the Declarant, or Senior Corp. or its successor or assign designated in writing (as long as Senior Corp. or such successor or assign has any interest in the Project or rights under this Declaration) may enforce the restrictions and limitations or covenants herein set forth by proceedings at law or in equity against any person or persons violating or attempting to violate any of the said restrictions and limitations or covenants either to recover damages for such violations or to restrain such violation or attempted violations or may recover such damages as may ensue because of such violation including costs of suit and attorney's fees~ Selection of any one remedy shall not prevent the Owner, Declarant, Master Association or Senior Corp. or its successor or assign from also utilizing other legal or equitable remedies to enforce those provisions. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 8.2. Severability/Gender. Invalidation of any one of these covenants or restrictions by judgment or court order shall not effect any other provisions which shall remain in full force and effect. Whenever used herein, unless the context shall otherwise provide, the singular shall include the plural and the plural the singular, and the use of any gender shall include all genders.

Section 8,3. Amendment and Termination. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of the Owner of any Lot subject to this Declaration, their respective legal representa• tives, their heirs, successors, and assigns, for ate= of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive

periods of ten.(10) years. Subject to the Declarant's reservationsin this Section 8.3 and in Section 8.7 of this Declaration, and to other provisions of this Declaration, this Decl~_ration may be . amended or revoked, and additional real proper~y.,·annexed to the Property, only by an instrument signed by not less-than sixty-seven percent (67%) of the Owners of Lots then covered by this Declaration, which instrument shall be recorded in the real estate records of the County. Each amendment or revocation must also have the approval of fifty-one percent (51%) of the First Mqrtgagees (based upon one (l) vote for each First Mortgage owned). Prior to December 31, 2005, any amendment, revocation or annexation must also have the prior written consent of the Declarant. Notwithstanding the foregoing, Declarant hereby reserves and is granted the right and power but not the duty to record a special amendment to this Declaration at any time and from time to time until December 31, 2005, which amends this Declaration (i) to comply with the requirements of the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the Federal National Mortgage Association, the Veterans Administration, or any other governmental agency or any other public, quasi-public, or private entity which performs (or may perform in the future) functions similar to those currently performed by such entities, or (ii) to induce any of such agencies or ent±ties to make, purchase, sell, insure, or guarantee Mortgages covering Lots, or (iii) to correct technical .errors or (iv) to comply with the requirements ofthe County. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to a special amendment on behalf of each Owner. Each deed, Mortgage or other evidence of obligation or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of Declarant to make or consent to a special amendment. No special amendment made by Declarant shall impair the lien of a First Mortgage upon a Lot or any warranties made by an Owner or Mortgagee in order to induce any of the above agencies of entities to make, purchase, insure, or guarantee a Mortgage on such Owner's Lot.

Section 8.4. Limited Liability and Indemnification.

Neither the Declarant, its successors or assigns designated in writing, the Master Association, the Board, the Committee, nor any member, agent or employee of any of the same shall be liable to any party for any action or for failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice and such parties shall be reimbursed by the Master Association for any costs and expenses, including attorney's fees, incurred by them with the prior approval of the Master Association (which approval shall not be unreasonably withheld or delayed) as

a result of threatened or pending litigation in which they are or may be named as parties.

section 8.5. Master Association Maintenance. By the purchase of a Lot, each OWner agrees that the Master Association may, if deemed necessary by the Master Association in its sole discretion, enter into any Lot and perform maintenance required by this Declaration if the Owner has neglected or refused to perform the maintenance in a timely or prudent manner. If the Master Association performs said maintenance, the Master Association may assess as an Individual Assessment all maintenance, and related administrative and legal costs, against the Owner and the Lot.

se·ction 8. 6. Notices. Any notice required to be sent to any member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage paid, to the last known address of the person who appears as Member or Owner on the records of the Master Association at the time of such mailing.

Sections.,. Annexation by Declarant.

(al Notwithstanding anything to the contrary herein, the Declarant, for itself, its successors and assigns, reserves until December 31, 2005, the right to enlarge this Project by annexing additional real property described in Exhibit C attached hereto and by this reference incorporated herein, without the consent of the Members. Such addition shall be expressed in and by duly recorded supplements to this Declaration. All additional Common Areas, Lots, and Living Units shall be of comparable quality and compatible in appearance to those erected upon the Property and the Common Areas shall be substantially completed prior to annexation. The reference to the Declaration in any instrument shall be deemed to include any supplements to the Declaration without specific reference thereto.

(bl Such supplement(sl to this Declaration shall provide for a division of such annexed real property and improvements into Lots and Common Areas (if any) similar in method and form to the division made of the Property and improvements in this Declaration.

(cl In order that the Common Expenses Assessments of this Project, including those properties described in all supplemental declarations hereto, be shared proportionately and equitably by the Owners of the initially submitted Lots and the Owners of all subsequently submitted additional Lots, the Common Expenses Assessments shall be assessed against all Lots equally,

and shall commence as to annexed Lots on the first month following the sale of the first Lot in such annexed property by the Declarant.

(d) Except as may be otherwise provided by the provisions of such supplement(s) of this Declaration, all of the provisions contained in this Declaration shall be applicable to such additional Lots submitted to the Project. Although it is contemplated that additional lands may be ultimately annexed to this Project, the Declarant, its appointees, successors and assigns, shall have no affirmative obligation to do so. The rights of the Declarant, its appointees, successors and assigns, as defined in this Declaration, shall apply to all real property which is added to this Project in accordance with these provisions relating to enlargement thereof. Each Owner shall have the nonexclusive right, together with all other Owners, to use all common Areas in the Project, and any supplements or additions thereto in any property owned by the Master Association for the general use of Owners, subject to the terms of this Declaration and the reasonable Rules and Regulations of the Master Association; This easement shall be irrevocable and shall be for the purpose of ingress and egress, recreational, and social use and shall apply to all Common Areas and all property hereafter owned by the Master Association and committed to the Project. Voting rights shall commence as to each Lot upon its annexation to the Project pursuant to this Section 8.7.

Section 8.8. Acceptance of Provisions of all Documents. The conveyance or encumbrance of a Lot shall be deemed to include the acceptance of all of the provisions of this Declaration, the Articles, the Bylaws, and the Rules and Regulations, and shall be binding upon each grantee without the necessity or inclusion of such express provision in the instrument or conveyance or encumbrance. The easements and rights created in this Declaration for the benefit of an owner shall be appurtenant to the Lot of that Owner and all conveyances and other instruments affecting title to a Lot shall be deemed to grant and reserve the easements and rights as provided in this Declaration, as though set forth in said instrument in full, even though specific reference to such easements or rights do not appear therein

. Section 8. 9. Conflicts. In the event there shall be any conflict between the provisions of this Declaration and any provision of the Articles, Bylaws, or any Rule or Regulation, the provisions of this Declaration shall be deemed controlling.

Section 8.10. Mortgagee Provisions.

(a) First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Area, and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Master Association; provided, however, First Mortgagees may not exercise rights hereunder as long as the Master Association is contesting any tax or other charges in good faith.

(b) Upon written request to the Master Association which identifies the name and address of the First Mortgagee and the Lot nUIIlber or address, a First Mortgagee will be entitled to timely written notice of (i) any proposed termination of the Project; (ii) any delinquency in the payment of assessments or charges owed by an Owner subject to a First Mortgage which remains uncured for a period of sixty (60) days, or any other default under the terms of the Declaration, the Articles, or the Bylaws which remains uncured for a period of sixty (60) days; and (iii) any proposed action or amendment of the Declaration, the Articles or the Bylaws for which the consent of a specified percentage of First Mortgagees is required.

(c) Any lien which the Master Association may have on any Lot in the Project for the payment of Assessments attributable to such Lot shall be subordinate to prior tax liens and to the lien of any First Mortgage on the Lot recorded prior to the date any such Assessments become due.

(d) Each holder of a First Mortgage who acquires title to a Lot by virtue of a foreclosure or a deed in lieu thereof, or any purchaser at a foreclosure sale, shall take the Lot free of any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such Mortgagee or purchaser acquires title to the Lot, except for claims for a pro-rata reallocation of such Assessments or charges to all Lots including the mortgaged Lot.

(el Any encUIIlbrancer holding a lien on a Lot may, but shall not be required to, pay any unpaid Assessments payable with respect thereto and upon such payment, such encUIIlbrancer shall have a lien on such Lot for the amounts paid, of the same rank as the lien of its encUIIlbrance, without the necessity of having to record a notice or claim of such lien.

(fl No breach of any of the covenants, conditions, or restrictions of this Declaration shall defeat or render invalid the lien of a First Mortgage made in good faith and for value.

Sec:;tion 8.11. Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive.

Section 8.12. Costs and Attorneys' Fees. In any action or proceeding under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys' fees.

Section 8.13. Increases in Monetary Limits.

(a) Sections 4. 3 and 5 .16 provide maximum monetary amounts. Subject to the provisions of subsection (bl of this Section 8.13, each such maximum amount shall be increased automatically effective as of the first day of each Assessment year without a vote of the membership by that amount (rounded to the nearest $0.10) which is equal to the greater of (i) five percent (5%) of the applicable maximum amount for the current Assessment year or (ii) the percentage increase in the •Revised Consumer Price Index - All Items• applicable to the Denver metropolitan area

during the twelve (12) month period ending th tenth (10th) month of • the current Assessment year (the •Index") multiplied by the most recently applicable maximum amount. In the event that the Index should no longer be published, the Board shall select another index generally recognized as being authoritative. Any such maximum amount may be increased above that amount automatically determined, by a vote of sixty-seven percent (67%) of each class of Members who are voting, in person or by proxy, at a meeting duly called for such purpose.

(bl Notwithstanding the provisions of subsection (a) of this Section 8.13, no increase in any maximum shall be effective to the extent that it would cause the violation of any maximum amount permitted by applicable law, if any, and any such increase shall be deemed to be effective only to the extent that any such maximum legal limit is not exceeded. If the Master Association ever receives any such amount that would exceed that amount permitted by applicable law, if any, the excess amount shall be refunded to the payor thereof.

Section 8,14. Liberal :Interpretation. The provisions of this Declaration shall be liberally construed as a whole to effectuate the purposes set forth herein.

Section 8 .15. Governing Law. This Declaration shall be construed and governed under the laws of the State of Colorado.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 11th day of June, 1990.

SENIOR CORP.

By: Isl DAVID M. McMJ\NN

David M. McMann, Vice President

STATE OF COLORADO

COUNTY OF DOUGLAS

The foregoing instrument was acknowledged before me this 11th day of June, 1990, by DAVID M. McMANN, as Vice President of SENIOR CORP., a Delaware corporation.

Witness my hand and official seal.

My commission expires: ll/7/90

/S/ ANN PROCHAZKA Notary Public

EXBIB:t'l' A 'l'O TRAT CERTAIN DECLARATION OP PROTECTIVE COVENANTS AND RESTRICTIONS OP HIGH PRAIRIE PAR.MS, DO'QGLAS CO'IJ!l'l'r, COLORADO DATED ,...,=....,.===' 19 9 0 BY SENIOR CORP., A DELAWARE CORPORATION; AS DECL.UANT

'!'BE PROPERTY

Lots l through 42, inclusive, Block l, The Pinery/High Prairie Farms Filing No. lA, County of Douglas, State of Colorado, and

Lots l through 26, inclusive, Block 2, The Pinery/High Prairie Farms Filing No. lA, County of Douglas, State of Colorado.

HIGH PRAIRIE FARMS

PART XI

CURRENT MODIFICATIONS

TO COVENANTS AND/OR ARCHITECTURAL GUIDELINES

HIGH PRAIRIE FARMS

DC9772433

FOURTH AM€NDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF HIGH PRAIRIE FARMS

DOUGLAS COUNTY, COLORADO

This Fourth Amendment to the Declaration of Protective Covenants and Restrictions is made this 17th day of December, 1997 by the High Proirie Farms Home owners' Association.

KNOW ALL PERSONS BY THESE PRESENTS:

That, whereas, Senior Corp, a Delaware Corporation(hereinafter referred to as ''Declarant'') executed and has caused to be recorded a Declaration of Protective Covenants and Restrictions of High Prairie Farms, Douglas County, Colorado on June 11, 1990 in Book 916 at Page 266 under reception NO. 9013988, as amended by a First Amendment recorded on April 29,1991 in Book 966 at Page 292 under reception No. 9112788, and as amended by a Second amendment recorded on March 25, 1992 in Book 1038 at Page 0736 under Reception No. 9209276, and as amended by Amendment No. 3 , recorded on May 29, 1992 in Book 1057 at Page 0018 of the records of the Clerk and Recorder of the County of Douglas, Colorado (•Detlaration''); and

Whereas, pursuant to Article IV, Section 4.14 of the Declaration, the Board of Directors may amend the Declaration, and Whereas the Board and Association desire to amend the DeclaraTION.

NOW,

THEREFORE, the declaration is hereby amended as follows:

1. Article VII, Section 7.10 is amended in its entirety as follows:

Section 7.10. Antennae, Tanks, etc. No radio or short wave antennae may be erected or installed in High Prairie Farms. No wind-powered generators shall be permitted. Satellite dishes or antennae may be installed with the following restrictions: 1. Satellite dishes shall not exceed one (1) meter in diameter. 2. Every effort shall be made by the homeowner installing such devices to protect the dishes from being in view from either other residences or from the street. This may be accomplished by, but is not limited to the use of bushes, trees, appropriate landscaping, approved latticework, or other materials to hide the dishes. No storage tanks, which extend above the ground shall be ereotsd, placQQ, or permitt 0 d oo any Jot

HIGH PRAIRIE FARMS

2. Article VII, Section 7.15Driveways, Vehicles and Parking, paragraph (a) is amended in its entirety to read as follows:

(a) All access from the nearest street to the Living Unit on a Lot shall have a permanent cement surface.

3. Article VII, Section 7.19 is amended to add the following sentence at the end of the existing paragraph:

All "for sale'' or ''New Residence/Builder signs shall be made in accordance with Exhibits D, E, and F of this Declaration.

4. The provisions contained in this amendment to the Declaration shall be in addition and supplemental to the provisions contained in the recorded Declaration, as amended. Except where the context otherwise requires, all defined terms in the Declaration shall have the same meaning in this Amendment.

5. If any of the provisions of this instrument or any paragraph, sentence, clause, phrase, or word, or the application thereof in any circumstances shall be invalidated, such invalidation shall not affect the validity of the remainder of this amendment, and the application of any such provision, paragraph, sentence, clause, or word in any other circumstances shall not be affected thereby.

6. This amendment may be executed in counterparts, all of which shall be the same instrument.

IN WITNESS WHEREOF, the undersigned have duly executed and consented to this Amendment to Declaration of Protective Covenants and Restrictions of High Prairie Farms, Douglas County, Colorado.

Board of Directors, High Prairie Farms Master Association

Date: _

ames G. Chickles Director

STATE OF COLORADO County of Douglas

~l- The foregoing instrument was acknowledged before thisn day of December, 1997 by James G. Chickles, as a

EXHIBIT B TO THAT CERTAIN lll!:Ci:.ARATION 01' PROTECTIVE COVENAllTS ANll RESTRICTIONS 01' HIGH PRAIRIE FARMS, llOtJGLAS COtJNTY, COioORAilO llATEll ,,....,,,.,,....~..,....=• 1990 BY SENIOR CORP., A lll!:I.AWARE CORPORATION, AS l)l!:CLAR..UIT

THE COMMON AREA

NONE AT THIS TIME •

El:HIBIT C TO THAT CXRTAIN DECLARATION OP PROTECTIVE COVEHANTS AND RESTRICTIONS OP :S:IGB PRAIIUE PARMS, DOUGLAS CO'CINTY, COLORADO DATED-=----• 1990 BY SENIOR CORP., A DELAWARE CORPORATION, AS DECLARAHT

ADDITIONAL REAL PROPERTY POR ANNEXATION

RESIDUAL PARCEL NO. 3:

A parcel of land located within the S 1/2 of Section 11, and in Section 14, Township 7 South, Range 66 West of the 6th P.M., more particularly described as follows:

Commencing at the Northwest corner of said Section 14, and considering the West line of said Section 14 to bear South 00°13'45" West with all bearings contained herein relative thereto; thence North 38°50'27" East a distance of 651.51 feet to the TRO'E POINT OF BEGINNING: thence along and with the Southerly boundary line of Golf Course Parcel •o• the next 32 calls:

thence South 55°12'55" East a distance of 339.75 feet; thence North 71°54'05" East a distance of 77.77 feet; thence North 41°41'50" East a distance of 114.82 feet; thence South 69°19'56" East a distance of 100.97 feet; thence North 85°11•10• East a distance of 120.38 feet; thence North 49°53'13" East a distance of 497.78 feet; thence South 41°08'22" East a distance of 120.33 feet; • thence South 11°30'33" East a distance of 271.80 feet; thence South 15°44'59" East a distance of 88.60 feet; thence South 21°12•31• East a distance of 156.30 feet; thence South 28°59'32" East a distance of 128.54 feet; thence South 22°56'37" East a distance of 184.72 feet; thence South 35°28'52" East a distance of 207.90 feet; thence South 41°25'42" East a distance of 101.48 feet; thence South 83°14'32" East a distance of 167.67 feet; thence South 45°19'52" East a distance of 76.16 feet; thence South 84°02'27" East a distance of 73.47 feet; thence South 08°49'37• East a distance of 209.75 feet; thence South 1s 0 02•17• East a distance of 75.95 feet; thence South 22°26'42" East a distance of 208.36 feet; thence South 27°16'07" East a distance of 79.09 feet; thence South 40°09'22" East a distance of 79.95 feet; thence South 43°54'42" East a distance of 111.02 feet; thence South 29°30'54" East a distance of 51.10 feet; thence South 43°42'27• East a distance of 39.75 feet; thence South 76°04'17" East a distance of 33.46 feet; thence North 32°29'53" East a distance of 384.77 feet; thence North 21°10•1a• East a distance of 179.06 feet; thence North 18°46'38" East a distance of 225.26 feet; thence North 16°48'37" West a distance of 81.52 feet; thence North 32°46'12" West a distance of 238.41 feet; thence North 38°28'25" West a distance of 150.68 feet; thence along Bingham Lake Parcel the next 13 calls: thence North 67°56'16" East .a distance of 210.48 feet;

RESIDUAL PARCEL NO. 3 (continued)

thence South 46°24'00" East a distance of 145.00 feet; thence North 40°22'00" East a distance of 193.00 feet; thence North 78°42'00" East a distance of 91.76 feet; thence South 31°22•00• East a distance of 240.12 feet; thence North 71°33'00" East a distance of 79.00 feet; thence North 25°25'00" East a distance of 221.46 feet; thence North 54°15'00" East a distance of 154.00 feet; thence North 81°32'00" East a distance of 237.64 feet; thence South 33°07'00" East a distance of 137.27 feet; thence South 65°41'00" East a distance of 85.73 feet; thence North 82°51•00• East a distance of 405.00 feet; thence North 75°51'44" East a distance of 273.88 feet; thence South 18°56'34" East a distance of 60.00 feet; thence along the arc of a curve to the left whose central angle is 08°04'52" and whose radius is 531.55 feet a distance of 74.97 feet said point being the Northwest corner of Lot 14, Block 10, THE PINERY FILING NO. 5 AMENDED; thence along the Westerly boundary line of THE PINERY FILING NO. 5 AMENDED, the next 21 calls:

thence South 25°00'00" East a distance of 311.26 feet; thence South 15°00•00• East a distance of 78.47 feet; thence South 02°00•00• East a distance of 75.68 feet; thence South 15°30'00" West a distance of 92.26 feet; thence South 04°30'00" West a distance of 123.56 feet; thence South 02°00•00• East a distance of 100.27 feet; thence South 17°48'14" East a distance of 101.00 feet; thence South 09°45'00• East a distance of 360.00 feet; thence South 64°50'43" West a distance of 88.84 feet; thence along the arc of a curve to the right whose central angle is 15°24'17• and whose radius is 398.82 feet a distance of 107.23 feet; thence South 80°15'00" West a distance.of 60.00 feet; thence along the arc of a curve to the left whose central angle is 30°25'06" and whose radius is 458.82 feet a distance of 243.59 feet; thence South 49°49'54" Wet a distance of 135.00 feet; thence south 05°25'00" West a distance of 222.14 feet; thence South 21°10•00• East a distance of 67.83 feet; thence South 45°00'00" West a distance of 59.39 feet; thence North 45°00'00" West a distance of 11.95 feet; thence South 00°54'30" East a distance of 86.23 feet; thence along the arc of a curve to the left whose central angle is 36°42'54" and whose radius is 185.00 feet a distance of 118.• 53 feet; thence South 1s 0 00•00• East a distance of 154.53 feet; thence South 12°00'00" East a distance of 460.00 feet, said point being on the Northerly right of way line of the platted Democrat Road; thence along the arc of a curve to the left whose central angle is 03°14'24" and whose radius is 818.86 feet, a distance of 46.31 feet; thence along the arc of a curve to the left whose central angle is 04°55'40" and whose radius is 1,792.99 feet, a distance of 154.21 feet; thence South 46°17'27• West a distance of 103.63 feet; thence South 53°54'28• West a distance of 215.82 feet; thence South 48°00'00• West a distance of 125.00 feet; thence along the arc of a curve to the left whose central angle is 17°30'00" and whose radius is 1,150.00 feet, a distance of 351.25 feet; thence South 30°30'00" West a distance of 375.00 feet; thence along the arc of a curve to the right whose central angle is 48°30'00" and whose radius is 790.00 feet, a distance of 668.72 feet; thence along the arc of a curve to the right whose central angle is 32°14'00"

RESIDUAL PARCEL NO. 3 (continued)

and whose radius is l,35O.OO feet, a distance of 759.48 feet; thence along the Northerly right of way line of the platted Pinery Parkway the next 4 calls:

thence North 68°46'00" West a distance of l,45O.95 feet; thence along the arc of a curve to the left, whose central angle is 36°43'53" and whose radius is 550.00 feet, a distance of 352.62 feet; thence South 77°25'14" West a distance of 361.65 feet; thence along the arc of a curve to the right whose central angle is 13°55'35" and whose radius is 430.00 feet, a distance of 104.52 feet to the Easternmost corner of Residual Parcel No. 6 as described in Book 459 at Page 836; thence North 49°29'36" West to the West Quarter corner of Section 14, a distance of 973.32 feet;

thence North 00°13'45" East along and with the West line of said Section 14, a distance of 7O6.Ol feet;

thence along and with the Easterly boundary line of Golf Course Parcel •F• the next 18 calls:

thence North 56°18'10" thence south 44°09'45" thence North 84°21'47" thence North 00°02'24" thence North 85°31'17" thence North 64°52'36" thence North 42°33'59" thence North 04°32'34" thence North 63°56'12" thence North 03°26'51• thence North 53°06'18" thence North 05°24'27" thence North 77°07'49"

thence South 39°32;24" thence North 59°05'56" thence North 32°23•45• thence North 37°36'20" thence North 23°14'23"

East a distance of East a distance of East a distance of East a distance of West a distance of West a distance of West a distance of East a distance of East a distance of East a distance of East a distance of East a distance of East a distance of East a distance of East a distance of East a distance of West a distance of East a distance of

EXCEPT The Pinery Country Club Parcel E,

250.78 feet; 146.71 feet; 983.60 feet; 151.64 feet; 747.48 feet; 173.92 feet; 260.65 feet; 203.29 feet; 295.69 feet; 101.04 feet; 282.52 feet; 385.03 feet; 109.24 feet; 481.32 feet; 174.71 feet; 125.45 feet; 1,005.77 feet; 230.91 feet to the TROE POINT OF BEGINNING,

AND EXCEPT Site No. 48 • Reservoir No. 6 and Site No. 62 • Pump Station No. 6, as described in Deed to the Denver Southeast Suburban Water and Sanitation District, recorded March 3, 1981, in Book 407 at Page 341,

AND EXCEPT those approximately SO foot Parcels conveyed to the parties in the following described Deeds:

John H. Bussey and Joyce M. Bussey in Deed recorded November 8, 1989, in Book 881 at Page 232; Richard G. Schubert and Beth Ann Schubert in Deed recorded November 8, 1989, in Book 881 at Page 235; David Edward Steingreaber and Jana Marie Steingreaber in Deed recorded November 20, 1989, in Book 882 at Page 869; and Richard G. Tucker and Cecilia Gonzales de Tucker in Deed recorded November 20, 1989, in Book 882 at Page 872. AND

RESIDUAL PARCEL NO. 4

RESIDUAL PARCEL NO. 4 (continued)

A parcel of land located in Sections 13 and 14, Township 7 South, Range 66 West of the 6th P.M., being the S 1/2 of said Section 13, an that part of the NW 1/4 of said Section 13 lying South of the platted Democrat Road, as shown on the recorded Plat of THE PINERY FILING NO. 5 AMENDED, and that part of said Section 14 lying South of the North R.O.W. line of undedicated Pinery Parkway, except THE PINERY FILING NO. 8 and No. 8•A and the vacated part of THE PINERY FILING NO. 8, and that part of said Section 14 lying South of the platted Democrat Road as shown on the recorded Plat of THE PINERY FILING NO. 5 AMENDED, further described as follows:

Beginning at the East Quarter Comer of said Section 13; thence South 0•01•17• East along the East line of the SE 1/4 of said Section 13 a distance of 2646.46 feet to the Southeast comer of said Section 13; thence South 89°47'47• West along the South line of the SE 1/4 of said Section 13 a distance of 5296.16 feet to the Southwest comer of said Section 13; thence south 89°42'59• West along and with the South line of Section 14 to the South one-quarter comer of said Section 14, also being the most Southerly Southeast comer of vacated THE PINERY FILING NO. 8 a distance of 2646.64 feet; thence Northerly along the Easterly boundary line of vacated THE PINERY FILING NO. 8 the following 6 courses:

1) North 32°59'33" East a distance of 500.57 feet;

2) North 51°46'32" East a distance of 45.37 feet;

3) North 02°33'58" West a distance of 257.03 feet;

4) North 26°17'11" West a distance of 392.10 feet;-

5) North 00•15•13• West a distance of 143.78 feet;

6) North 21•12•43• East a distance of 270.23 feet; thence along the North line of the undedicated Pinery Parkway the following courses: thence along the arc of a curve to the left whose central angle is 32°14'00" and radius is 1350.00 feet, an arc distance of 759.48 feet; thence along the arc of a curve to the left whose central angle is 48°30'00• and radius is 790.00 feet, an arc distance of 668.72 feet; thence North 30°30'00" East a distance of 375.00 feet; thence along the arc of a curve to the right whose central angle is 17°30'00• and radius is 1150.00 feet, an arc distance of 351.25 feet; thence North 48°00•00• East a distance of 125.00 feet; thence North 53°54'28" East a distance of 215.82 feet to the Southwest comer of THE PINERY FILING NO. 5 AMENDED; thence following the Southerly R.O.W. line of platted Democrat Road the following courses:

thence North 89°41'48• East a distance of 147.08 feet; thence along the arc of a curve to the right whose central angle is 04°56'45" and radius is 1692.99 feet, an arc distance of 146.14 feet; thence along the arc of a curve to the right whose central angle is 15°12•41• and radius is 718.86 feet, an arc distance of 190.85 feet; thence North 67°00•00• East a distance of 263.37 feet; thence along the arc of a curve to the right whose central angle is 51°00'00• and radius is 350.00 feet, an arc distance of 311.54 feet; thence South 62°08'34• East a distance of 591.37 feet to a point on the North line of the s 1/2 of said Section 13; thence North 89°48'24" East along said North line a distance of 4243.57 feet to the Point of Beginning.

AND RESIDUAL PARCEL NO. 5

RESIDUAL PARCEL NO. 5 (continued)

A parcel of land located in Sections 7 and l8, Township 7 South, Range 65 west of the 6th P.M., more particularly described as follows:

Beginning at the Bast Quarter Corner of said Section lB; thence North 89°27'07• West, 2085.60 feat; thence North 0°06'40" Bast, 660.0 feet1

thence North 89°27'07" West, 660.00 feet; thence South 0°06'40" West, 660.00 feat; thence South 89°27'07" Bast, l00.00 feat; thence South 0°06'4l" West, 2647.03 feet to the South Quarter Corner of said Section 18;

thence North 89°25'04" West, 2626.BB feat to the Southwest corner of said Section 18 1 thence North 0°12'02" Bast, 2646.21 feet to the West Quarter Corner of said Section 18; thence North 0°12'35" Bast 2646.57 feet to the Northwest corner of said Section 18; thence North 0°11'02" Wast, 479.13 feet to a point on the South R.O.W. line of Pinary Parkway (Premont Parkway) '1'he Pinery Piling No. 6A1 thence following said South R.o.w. line South 33°34'06" Bast, 96.36 feet to a point on a 695.00 foot radius curve to the right1 thence Southeasterly 279 .82 feat along the arc of said South R.O.W. line (central angle • thence23°04'06•); South 10°30'00" Bast 150.00 feet to a point on a 500.00 foot radius curve to the left;

thence Southeasterly 517.78 feet along the arc of said curve and South R.O.W. line (central angle• 59°20'00"); ·

thence South 69°50'00" Bast, 150.00 feet to a point on a 450.00 foot radius curve to the right;

thence Southeasterly 97 .27 feat along the arc of the South R.o.w. Lina of PinaryParkway (Premont Parkway) (central angle• 12°23'07")' -

thence North 32°33'07" Bast, 100.00 feat to a point on the Bast R.o.w. line of Pondarosa Drive and point on a 760.00 foot radius curve to the left1 thence Northerly 329.47 feat along the arc of said Bast R.o.w. line (central angle• 24°50'18");

thence North 3°50'00" Bast, 126.00 feet to the South-st corner of Lot 67, '1'he Pinery Piling No. 6A1

thence South 86°10'00" Bast, 92.26 feat1

thence North 3°50'00" Bast, 227.57 feat1

thence South 86°30'00" Bast, 88.54 feat; thence Bast, 190.84 feat; thence North 42°30'00" Bast, 81.74 feet, thence South 43°00'00" Bast, 162.78 feet to the South corner of Lot 60 of said Piling No. 6A1

thence North 89°05'44" Bast, 53.56 feat, thence North 24°30'00" Wast, 15.63 faet1

thence North 27°30'00" Bast 106.20 faat1

thence South 87°30'00" Bast, 78.47 faet1

thence South 44°20'00" Bast, 141.36 faat1

thence North 89°05'44" Bast 48.52 feet to the South-st corner of Lot 107, The Pinery Piling No. 61

thence North 77°0o•oo• Bast, 111.18 feat, thence South 79°20'00" Bast, 93.00 feet; thence South 57°40•00• Bast, 190.00 faet1

thence North 89°00'00" Bast, 65.00 feet to the Southeast corner of Lot 103, '1'he Pinery Piling No. 6;

thence North s 0 oo•oo• Bast, 117.90 feat;

thence North 73°30'00" Bast, 120.00 feet, thence North 47°30'00" Bast, 142.00 feet1

RESIDUAL PARCEL NO. 5 (continued)

thence North 37°00' oo• East, 99 .42 feet to the East corner of Lot 99 of said Filing and point on the South R.O.W. line of Powell Road and point on a 2526.00 foot radius curve to the left; thence Southeasterly 159 .80 feet along the arc of said South R.o.w. line (central angle -thence3o37•29•)1 North 41~30'00" East, 386.00 feet; thence North 6°00•00• West, 109.10 feet; thence North 84°00'00" East 16.52 feet to the West corner of Lot 49, The PineryFiling No. 7 Amended; thence South 55°30'00" East, 140.98 feet; thence South 2°00'00• West, 60.00 feet; thence South 59°00'00• East, 219.18 feet; thence South 32°00'00" East, 105.52 feet; thence South 55°00'00• East, 116.58 feet; thence East, 206.40 feet; thence South 71°00'00" East, 137.00 feet to the Southeast corner of Lot 58 and point on the West R.O.W. line of Elizabeth Street; thence along said West R.O.W. line South 4°00•00• East, 282.68 feet; thence North 86°00'00• East, 60.00 feet; thence South 83°00'00" East, 243.00 feet; thence South 4°00'00" West, 162.00 feet; thence South 86°00'00" East, 96.00 feet; thence South 4°00'00• West, 32.40 feet; thence South 73°00•00• East 147.85 feet; thence South 87°30'00" East, 207.70 feet; thence south, 193.12 feet; thence East, 110.79 feet to the Southeast corner of Lot 78, The Pinery Filing No. 7 Amended and point on the West R.o.w. line of Ponderosa Drive; ~ence along said West R.o.w. line South 2°29'30• East, 41.89 feet; thence North 87°30'30" East, 60.00 feet; thence North 68°00'00" East, 343.80 feet; thence South 35°00'00" East, 100.47 feet to a point on the Northerly line of Reservoir No. 4 as described in Book 395 at Page 453, Douglas County records; thence South 82°30'00" West, along the Northerly line of said Reservoir, 42.30 feet to the Northwest corner of said Reservoir; thence South 0°26'21• East, along the West line of said Reservoir, 251.91 feet to the Southwest corner of said Reservoir;

thence North 0°26'21" West, along the East line of said Reservoir, 251.91 feet to the Northeast corner of said Reservoir; thence North 82°30'00" East, along the North line of said Reservoir, extended North· easterly, 15.13 feet to a point on the East line of said Section 18; thence South 0°26'21• East, along said East line of Section 18, a distance of 251.91 feet; thence continuing along said East line of Section 18 South 0•44•32• East, 1997.92 feet to the Southeast corner of the NE l/4 of said Section 18 and the Point of Beginning.

EXCEPT Site No. 49 • Reservoir No. 7 and Site No. 63 • Pump Station No. 7, Site No. 64 • Pump Station No. 8 and Site No. 104 • Lift Station No. 5 as described in Deed to the Denver Southeast Suburban Water and Sanitation District, recorded March 3, 1981, in Book 407 at Page 341.

EXCEPT that part which has been platted and dedicated as Ponderosa Drive on the Plat of MISTY PINES• FIRST FILING •

RESIDUAL PARCEI. NO. 6

A parcel of land located in the SE 1/4 of Section 15 and in the SW 1/4 of Section 14, Township 7 South, Range 66 West of the 6th P .M., more particularly described as follows:

Beginning at the West Quarter corner of said Section 14, and considering the North line of the SE 1/4 of said Section 15 to bear South 89°58'56" East, with all bearings contained herein relative thereto; thence south 49°29'36" East a distance of 973.32 feet to the Northwest corner of The Pinery Filing No. 8, a recorded Plat in Douglas County, Colorado; thence along the arc of a curve to the right whose central angle is 18°09'32• and radius is 658.62 feet, an arc distance of 208.74 feet; thence North 76°48'37" West a distance of 536.10 feet; thence along the arc of a curve to the left whose central angle is 33°56'26" and radius is 1023.08 feet, an arc distance of 606.05 feet; thence South 69°14'57" West a distance of 89.17 feet; thence along the arc of a curve to the right whose central angle is 22•21•20• and radius is 830.68 feet, an arc distance of 324.ll feet to a point on the East R.0.W. line of State Highway No. 83; thence North 2°02'46" East along said R.O.W. line a distance of 336.12 feet; thence along the arc of a curve to the left whose central angle is 40°18'07' and radius is 284.10 feet, and whose chord bears North 65°27'14" East, an arc distance of 199.84 feet; thence North 45°18'10' East a distance of 209.71 feet; thence along the arc of a curve to the right whose central angle is 44•42•53• and radius is 190.07 feet, an arc distance of 148.33 feet to a point on the North line of the SE 1/4 of said Section 15; thence South 89°58'56" East along said North line a distance of 513.26 .feet to the Point of Beginning.

AND RESIDUAL PARCEI. NO. 6A

That part of the SE l/4 of Section 15, Township 7 South, Range 66 West of the 6th P.M., lying North of Residual Parcel No. 6, and South of the North line of the SE l/4 of said Section 15, and East of the East R.O.W. line of State Highway No. 83, further described as follows:

Cc1mencing at the East Quarter Corner of said Section 15, and considering the North line of the SE l/4 of said Section 15 to bear North 89°58'56• West, with all bearings contained herein relative thereto; thence North 89°58'56• West along said North line of the SE l/4, a distance of 513.26 feet to the TRUE POINT OF BEGINNING; thence along the arc of a curve to the left whose central angle is 44°42'53" and whose radius is 190.07 feet a distance of 148.33 feet; thence South 45°18'10" West a distance of 209.71 feet; thence along the arc of a curve to the right whose central angle is 40°18'07• and whose radius is 284.10 feet a distance of 199.84 feet to a point on the East R.O.W. of State Highway No. 83; · thence North 02°02'46' East along the East R.o.w. of said State Highway No. 83 a distance of 284.10 feet to a point on said North line of the SE l/4 of Section 15; thence South 89°58'56' East along said North line of the SE 1/4 a distance of 450.72 feet to the TRUE POINT OF BEGINNING.

RESIDUAL PARCEL NO. 6A (continued)

AND MASTER PLAN PARCEL G

A parcel of land located. in Sections 14 and 15, Township 7 South, Range 66 West of the 6th P.M., more particularly described. below:

Beginning at a State Highway Department R.o.w. monument, being a Northwest corner of Parcel •1.• The Pinery Piling No. 8, a recorded. subdivision in Douglas County, Colorado, and being on the East R.o.w. line of State Highway No. 83, with all bearings contained. herein relative to said Subdivision, thence North 2°02'46" East along the East R.o.w. line of State Highway No. 83, a distance of 825.75 feet to the South R.o.w. line of Pinery Parkway; thence along said South R.o.w. line along the arc of a curve to the left whose central angle is 18°33'51" and radius is 930.68 feet and whose chord bears North 82°22'16• East, an arc distance of 301.54 feet, thence South 18°31'01" East a distance of 49.73 feet1 thence along the arc of a curve to the left whose central angle is 56°00'58" and radius is 142.17 feet, an arc distance of 138.99 feet, thence South 74°31'58" East a distance of 179.84 feet; thence along the arc of a curve to the right whose central angle is 30°43'14" and radius is 329.04 feet, an arc distance of 176.42 feet, thence South 43°48'45" East a distance of 112.93 feet; thence South 51°02'46" East a distance of 104.22 feet, thence South 3°57'41" Eaat a distance of 147.27 feet; thence North 89°57'41" East a distance of 83.00 feet, thence South 0•02•21• weat a distance of 286.36 feet to a point on a North line of Parcel •1.•, The Pinery Piling No. 81

thence South 89°31'28• .West along said North line a distance of 1015.00 feet to the. TROE POINT OP BEGINNING.

AND

CARETAXER COTTAGE TRACT

A parcel of land located. in Section 15, Township 7 South, Range 66 West of the 6th P.M., more particularly described. as follows:

Commencing at a State Highway Department R.O.W. monument, being a Northwest corner of Parcel •A•, The Pinery Piling No. 8, a recorded. Subdivision in Douglas County, Colorado, and being on the East R..o.w. line of State Highway No. 83, with all bearings contained. herein relative to said Subdivision; thence North 89°31'28• East along the North line of said Parcel •A•, a distance of 1015.00 feet; thence North 0°02•21• East a distance of 286.36 feet to the TRIJE POINT OP BEGINNING; thence South 89°57'41" West a distance of 83.00 feet; thence North 03°57'41• West a distance of 147.27 feet, thence South 45°22'57" East a tilstance of 130.95 feet, thence South 0°02•21• West a distance of 55.00 feet to the TRIJE POINT OP BEGINNING.

TOGE'.t'BER WITH a non•ezclusive easement for ingress and egress over the following described. property:

A parcel of land located. in the SE 1/4 of Section 15, Township 7 South, Range 66 West of the 6th P .x., more particularly described. as follows: ·67-

CARETAKER COTTAGE TRACT (continued)

Commencing at the intersection of the East R.O.W. line of State Highway No. 83 and the South R.o.w. line of Pinery Parkway (South Entrance to the Pinery); thence Easterly along the South R.O.W. line of said Pinery Parkway along the arc of a curve to the left whose central angle is 18°33'51• and radius is 930.68 feet, and whose chord bears North 82°22'16• Bast, an arc distance of 301.54. feet to the TRUE POINT OP BEGINNING; thence South l8°3l'Ol" Bast a distance of 49.73 feet; thence along the arc of a curve to the left whose central angle is 56°00'58" and radius is 142.17 feet, en arc distance of 138.99 feet; thence South 74°31'58" Bast a distance of 179.84 feet; thence along the arc of e curve to the right whose central angle is 30°43'14• and radius is 329.04 feet, an arc distance of 176.42 feet; thence South 43°48'45" Bast a distance of 112.93 feet; thence South 51°02'46• Bast a distance of 104.22 feet; thence South 45°22'57" East a distance of 130.95 feet; thence North 0°00•05• Bast a distance of 80.70 feet; thence North 47°59'15" West a distance of 52.59 feet; thence North 47°52'44" West a distance of 123.95 feet; thence North 43°48'45" West a distance of 112.93 feet; thence along the arc of a curve to the left whose central angle is 30°43'14• and radius is 389.04 feet, an arc distance of 208.59 feet; thence North 74°31'58" West a distance of 179.84 feet; thence along the arc of a curve to the right whose central angle is 56°00'58" and radius is 82.17 feet, an arc distance of 80.33 feet; thence North 18°31'01" West a distance of 49.98 feet to a point on the South R.O.W. line of said Pinery Parkway; thence along said South R.o.w. line along the arc of a curve to the right whose central angle is 3°50'20• and radius is 930.68 feet, and whose chord bears South 71°09'55" West, an arc distance of 62.36 feet to the TRtl'I!! POINT OP BEGINNING.

COMMERCIAL PARCEL

A parcel of land located within Section 10, Township 7 South, Range 66 West of the 6th P.M., more particularly described as follows: Commencing at the SE corner of said Section 10 and considering the South line of said Section 10 to bear South 89°58'31" West with all bearings contained herein and relative thereto; thence South 89°58'31" West along with the South line of said Section 10 a distance of 180.76 feet to the TRUE POINT OF BEGINNING; thence South 89°58'31" West along and with the South line of said Section 10 a distance of 700.00 feet to the Easterly R.O.W. of State Highway No. 83; thence North 00°02'16" East along and with the Easterly R.O.W. of said State Highway No. 83 a distance of 1000.00 feet; thence South 33°37'35" East a distance of 1199.84 feet to the TRtlE POINT OF BEGINNING.

AND

C017NTRY CLUB PARCEL B

A parcel of land located within Section 14, Township 7 South, Range 66 West, of the 6th P.M., Douglas County, Colorado, more particularly described as follows: -68-

Commencing at the Northwest corner of said Section 14 and considering the West Line of said Section 14 to bear South 0°13'45" West with all bearings contained herein relative thereto:

Thence South 65°01'31" East a distance of 1172.53 feet to the True Thence along and with Residual Parcel No. 3 the next 16 calls; Point of Beginning;

Thence South 60°06'31" East a distance of 807.23 feet

Thence south 21°09'03" East a distance of 905.18 feet

Thence south so 0 31•53• East a distance of 319.41 feet

Thence South 07°38'45" East a distance of 184.76 feet

Thence South 89°57'36" East a distance of 204.18 feet

Thence South 05°27'37" West a distance of 150.00 feet

Thence South 84°04'15" West a distance of 672.39 feet

Thence south 55°45'33" West a distance of 171.19 feet

Thence South 25°41'49" west a distance of 297.00 feet

Thence south 80°48'22" west a distance of 138 .92 feet

Thence North 52°45'10" West a distance of 198.27 feet

Thence North 00°02'24" East a distance of 793.35 feet

Thence South 85°31'17" East a distance of 381.25 feet

Thence North 21°15'06" West a distance of 620.38 feet

Thence North 49°30'28• West a distance of 750.65 feet

Thence North 34°00'58" East a distance of 166.51 feet to the True Point of Beginning, containing 1,054,200.32 square feet or 24.20 Acres more or less.

ANO

PINERY COONTRY CLOB PARCEL •p•

A parcel of land located within Section 14, 10 and 11, Township 7 South, Range 66 West, of the 6th P.M., Douglas County, Colorado, more particularly described as follows:

Beginning at the Southeast corner of said Section 10, and considering the South line of said Section 10, to bear South 89°58'31" West with all bearings contained herein relative thereto;

Thence South 89°58'31" West along and with the South line of said Section 10, a distance of 180.76 feet; ·

Thence North 33°37'35" West to a point on the Easterly R.O.W. of State Highway No. 83, a distance of 1199.84 feet;

Thence North 02°02'16" East along and with the East R.O.W. of said State Highway No. 83, a distance of 808.84 feet;

Thence South 79°15'00" East a distance of 240.63 feet;

Thence South 00°00•00• West a distance of 143.12 feet;

Thence South 31°31'12" East a distance of 817.36 feet;

Thence South 38°56'17" East a distance of 124.92 feet;

Thence South 45°38'45" East a distance of 132.92 feet;

Thence South 59°25'12" East a distance of 381.57 feet;

Thence South 62°28'34" East a distance of 66.83 feet;

Thence South 23°14'23" West a distance of 230.91 feet;

Thence South 37°36'20" East a distance of 1005.77 feet;

Thence South 32°23'45" West a distance of 125.45 feet;

Thence South 59°05'56" West a distance of 174.71 feet;

Thence North 39°32'24" West a distance of 481.32 feet;

Thence South 77°07•49• West a distance of 109.24 feet;

Thence South 05°24'27" West a distance of 385.03 feet;

Thence South 53°06'18" East a distance of 282.52 feet;

Thence South 03°26'51" West a distance of 101.04 feet;

Thence south 63°56'12" West a distance of 295.69 feet;

Thence South 04°32'34" West a distance of 203.29 feet;

Thence South 42°33'59" East a distance of 260.65 feet;

Thence south 64°52'36• East a distance of 173.92 feet;

Thence South 85°31'17• Bast a distance of 747.48 feet;

Thence south 00•02•24• West a distance of 151.64 feet;

Thence South 84°21•47• West a distance of 983.G0 feet;

Thence North 44°09•45• West a distance of 146.71 feet;

Thence South 56"18'10• West to a point on the East line of said Section 15, a distance of 250.78 feet;

Thence North 00•13•45• East along and with the East line of said Section 15, a distance of 1943.00 feet to the True Point of Beginning containing 48.39 acres more or less.

SZ?MA.NSKI PARCEL

Lots 2 and 3, Szymanski Subdivision.

AND

MANSION PARCEL

A parcel of land located in the SW 1/4 of Section 14 and in the SE 1/4 of Section 15, Township 7 South, Range 66 West of the 6th P.M., more particularly described as follows:

AND

Commencing at the Northwest coi::ner of Fremont Parkway (Pinery Parkway) , as shown on the recorded Plat of The Pinery Filing No. 8, with all bearings contained herein relative to said Plat; thence South 1°41'45" East along the West line of said The Pinery Filing No. 8, a distance of 120.00 feet to a point on the South R.O.W. line of said Fremont Parkway, being the TRUE POINT OF BEGINNING; thence South 3°55'44" West along the West line of said The Pinery Filing No. 8, a distance of 147.83 feet; thence South 13°16'54" East along said West line a distance of 186.58 feet; thence south 1°06'18" East along said West line a distance of 118.30 feet; thence South 13°18'25" West along said West line a distance of 53.72 feet; thence South 16°49'09" West along said West line a distance of 214.85 feet; thence South 3°10'04" West along said West line a distance of 73.60 feet to a point on a North line of Parcel •A•, said The Pinery Filing No. 8; thence South 89°31'28" West along said North line a distance of 704.29 feet to the

Southeast coi::ner of Master Plan Parcel G; • thence North 0°02•21• East along the East line of said Master Plan Parcel G, a distance of 341.36 feet;

thence North 45°22'57" West a distance of 130.95 feet; thence North 51°02'46" West along the Northeasterly line of said Master Plan Parcel G, a distance of 104.22 feet; thence North 43°48'45" West along said line a distance of 112.93 feet; thence along said line along the arc of a curve to the left whose central angle is 30°43'14" and radius is 329.04 feet, an arc distance of 176.42 feet; thence North 74°31'58" West along said line a distance of 179.84 feet; thence along said line along the arc of a curve to the right whose central angle is 56°00'58" and radius is 142.17 feet, an arc distance of 138.99 feet; thence North 18°31' 01 • West along said line a distance of 49. 73 feet to a point on the South line of Pinery Parkway; thence along said South line along the arc of a curve to the left whose central angle is 3°50'20" and radius is 930.68 feet and whose chord bears North 71°09'55• East, an arc distance of 62.36 feet; thence North 69°14'57" East along said South line a distance of 89.17 feet; thence along said South line along the arc of a curve to the right whose central angle is 33°56'26" and radius is 923.08 feet, an arc distance of 546.81 feet; thence South 76°48'37" East along said South line a distance of 536.10 feet; thence along said South line along the arc of a curve to the left whose central angle is 08°09'16" and radius is 1664.43 feet, an arc distance of 236.89 feet to the TRUE POINT OF BEGINNING. AND PINERY

PINERY P.AIUCWAY SOUT:a: ENTRANCE (Continued)

A parcel of land located in the SE l/4 of Section 15 and the SW l/4 of Section 14, Township 7 South, Range 66 West of the 6th P.H., 1110re particularly described as follows:

Basis of bearing,is the North line of the SE l/4 of said Section 15 being considered South 89°58'56• East Commencing at the West one-quarter corner of said Section 14; thence South 49°29'36" East, a distance of 973.32 feet to the Northwest corner of Fremont Parkway as shown on Sheet 2 of 3, The Pinery Filing No. s, a recorded Plat in Douglas County records, said point being the TRUE POINT OF BEGINNING; thence South 01°41'45" East and along the West side of said Fre1110nt Parkway a distance of 120.00 feet to a point of curve; thence along the arc of a curve to the right whose central angle is 8°09'16" and radius is 1,664.43 feet and whose chord bears North 80°53'15" West, an arc distance of 236.89 feet;

thence North 76°48'37• West a distance of 536.lO feet to a point of curve; thence along the arc of a curve to the left whose central angle is 33°56'26" and radius is 923.08 feet, and whose chord bears South 86°13•10• West, an arc distance of 546.Sl feet;

thence South 69°14'57" West a distance of 89.17 feet to a point of curve; thence along the arc of a curve to the right whose central angle is 22•24•11• and radius is 930.68 feet, and chord bears South 80°27'04• West, an arc distance of 363.90 feet to a point on the Easterly right of way line of State Highway No. 83; thence North 02°02'46" East along said right of way line a distance of 100.00 feet to a point of curve; thence along the arc of a curve to the left whose central angle is 22•21•20• and radius is 830.68 and whose chord bears North 80°25'37• East, an arc distance of 324.ll feet; thence North 69°14'57• East a distance of 89.17 feet to a point of curve; thence along the arc of a curve to the right whose central angle is 33°56'26" and radius is 1,023.08 feet, and whose chord bears North 86°13'10• East, an arc distance of 606.05 feet; thence South 76°48'37" East, a distance of 536.lO feet to a point of curve; thence along the arc of a curve to the left whose central angle is 18°09'32" and radius is 658.62 feet, and whose chord bears South 85°53'23" East, an arc distance of 208.74 feet to the TRUE POINT OF BEGINNING.

All located in the County of Douglas, State of Colorado

HIGH PRAIRIE .FARMS

Direetor of the High Prairie Farma Home Ovnere A&aocia~ion

9772~33 - 12/17/97 l0:32 - RETA A, CFJ\~N OOUGLAS CO, !1494 - ?0502 - $JO.OO - 3 -

COLO. CLERK & RECORDER 3/ 6

High Prairie 'Farms Homeowncr's ,usoeia1io11 SW :!&441• Crtek Trail • P.rker, ColoIUo S0l34

Post, we 4" • 4" while vill)'l Q.t deck sml• <edar, painted white, Pan•lf ate Oura,,Ply wcod whh pain1ed whit.e ba<kgrollllds.

AU lerteril!J and dui110• are vinyl for 111eathllr and ijlL!'•••iolct rc1istance,

Si811 cannol bt more thm 6'6" high, li'om \he ground. at iu hi&h••t point onoe inmllcd.

Broc:hu:e boxu mill\ b• wllilo with olear front; ltulllled 011 lhc lower outlidc lee of poll,

Oruy in lho ''Forut Orecn 'Baci<gtound" ase• oan pertuien1 infonnation be lllbstitllled.

No ollm 1ubJlitutio111, <itlition• 01 modi!I01tiona,

All olbet •i- and color ap••ification, abaU apply as per "Rtquircd Color S•homo",

l. OwnerllUllllc(f} can be modifi<c!, io: MIM Chi<lr.lCI or The Cl\lcklu

2

3. Ownmn.we(a) ell\ be delete<!. Sub,tiu.n,.d with: "Sold" Ocllerin& al 1.112" high)

Bu114ers or O~ phone numbers may bt in1tl1111d In the areea panel.

4. No olhtr sllbsti111lioni, deletion& 01 modilltstions

S. All oilier ,i..s, r1U1tarial1 and «1lor 1p~fioatioN ,hall apply as fef "Requirements of Conswction" and "Re<jvired Color Scheme".

Required Elements of Construction

Posts are 4" x 4° white vinyl Qr deck grade cedar, painted white.

Panels are Dura-Ply wood with painted white backgrounds.

All lettering and designs are vinyl for weather and ultra-violet resistance.

Sign cannot be more than 6'6" high, from the ground, at its highest point once installed.

Brochure boxes must be white with clear front; installed on the lower outside leg of post.

Only in the "Forest Green Background" area can pertinent information be substituted.

No other substitutions, deletions or modifications.

All other sizes and color specifications shall apply as per "Required Color Scheme".

HIGH PRAIRIE FARMS

Director of the High Prairie Farms Home Owners Association.

Witness my hand and official seal.

My commission expires: MyCommissionEx()iteS.'une::0,19$8

9772433 - 12/17/97 10:32 - RETA A. B1494 - P0502 -

CRA:N DOUGLAS CO. COLO. CLERK & RECORDER $30.00 3/ 6

High Prairie Farms Homeowner's Association

Owners name(s) can be modified, ie: M/M Chickles or The Chickles

Owners name(s) can be deleted. Substituted with: "Sold" (lettering at 1-1/2 " high)

Builders or Owners phone numbers may be inserted in the green panel.

No other substitutions, deletions or modifications

All other sizes, materials and color specifications shall apply as per "Requirements of Construction" and "Required Color Scheme".

orest Green background; White lettering

background; Burgundy lettering

White background; Burgundy lettering

White background; Burgundy lettering

Required "New ResidenceiBuilder" Sign

Owners name(s) can be modified, ie: M/M Chickles or The Chickles

Owners name(s) can be deleted. Substituted with: "Sold" (lettering at 1-1/2" high)

Builders or Owners phone numbers may be inserted in the green panel.

No other substitutions, deletions or modifications

All other sizes, materials and color specifications shall apply as per «Requirements of Construction" and 0 Required Color Scheme".

orest Green background; White lettering

White background; ,____ Burgundy lettering

White background; Burgundy lettering

OPTIONAL RIDER White background; Burgundy lettering

Required Elements of Construction

Posts are 4" x 4" white vinyl QI deck grade cedar, painted white.

Panels are Dura-Ply wood with painted white backgrounds.

All lettering and designs are vinyl for weather and ultra-violet resistance.

Sign cannot be more than 6'6" high, from the ground, at its highest point once installed.

Brochure boxes must be white with clear front; installed on the lower outside leg of post.

Only in the "Forest Green Background" area can pertinent information be substituted.

No other substitutions, deletions or modifications.

All other sizes and color specifications shall apply as per "Required Color Scheme".

Letter sizes in inches

Required Elements of Construction

Posts are 4" x 4" white vinyl m: deck grade cedar, painted white.

Panels are Dura-Ply wood with painted white backgrounds.

All lettering and designs are vinyl for weather and ultra-violet resistance.

Sign cannot be more than 6'6" high, from the ground, at its highest point once installed.

Brochure boxes must be white with clear front; installed on the lower outside leg of post.

Only in the "Forest Green Background" area can pertinent information be substituted.

No other substitutions, deletions or modifications.

All other sizes and color specifications shall apply as per "Required Color Scheme".

HIGH PRAIRIE FARMS

2. Article VII, Section 7.15Driveways, Vehicles and Parking, paragraph (a) is amended in its entirety to read as follows:

(a) All access from the nearest street to the Living Unit on a Lot shall have a permanent cement surface.

3. Article VII, Section 7.19 is amended to add the following sentence at the end of the existing paragraph:

All "for sale'' or ''New Residence/Builder signs shall be made in accordance with Exhibits D, E, and F of this Declaration.

4. The provisions contained in this amendment to the Declaration shall be in addition and supplemental to the provisions contained in the recorded Declaration, as amended. Except where the context otherwise requires, all defined terms in the Declaration shall have the same meaning in this Amendment

5. If any of the provisions of this instrument or any paragraph, sentence, clause, phrase, or word, or the application thereof in any circumstances shall be invalidated, such invalidation shall not affect the validity of the remainder of this amendment, and the application of any such provision, paragraph, sentence, clause, or word in any other circumstances shall not be affected thereby.

6. This amendment may be executed in counterparts, all of which shall be the same instrument

IN WITNESS WHEREOF, the undersigned have duly executed and consented to this Amendment to Declaration of Protective Covenants and Restrictions of High Prairie Farms, Douglas County, Colorado.

Board of Directors, High Prairie Farms Master Association

Date : --il1""'..,c""'~'-'J'--'7-l--).,_)9'-'-7_ 1 __

ames G. Chickles Director

STATE OF COLORADO County of Douglas

1-- The foregoing instrument was acknowledged before thisn+ day of December, 1997 by James G. Chickles, as a

HIGH PRAIRIE FARMS

Director of the High Prairie Farms Home Owners Association.

Witness my hand and official seal.

My commission expires: MfCommissiOOE@Jl.m30, 1996

9772433 - 12/17/97 10:32 - RETA A. B1494 - P0502- 3 -

CRAIN DOUGLAS CO. COLO. CLERK & RECORDER $30.00 3/ 6

HIGH PRAIRIE FARMS

DC9772433

FOURTH AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF HIGH PRAIRIE FARMS DOUGLAS COUNTY, COLORADO

This Fourth Amendment to the Declaration of Protective Covenants and Restrictions is made this 17th day of December, 1997 by the High Prairie Farms Home owners' Association.

KNOW ALL PERSONS BY THESE PRESENTS:

That, whereas, Senior Corp, a Delaware Corporation(hereinafter referred to as "Declarant") executed and has caused to be recorded a Declaration of Protective Covenants and Restrictions of High Prairie Farms, Douglas County, Colorado on June 11, 1990 in Book 916 at Page 266 under reception NO. 9013988, as a~ended by a First Amendment recorded on April 29,1991 in Book 966 at Page 292 under reception No. 9112788, and as amended by a Second amendment recorded on March 25, 1992 in Book 1038 at Page 0736 under Reception No. 9209276, and as amended by Amendment No. 3 , recorded on May 29, 1992 in Book 1057 at Page 0018 of the records of the Clerk and Recorder of the County of Douglas, Colorado ("Deblaration''); and

Whereas, pursuant to Article IV, Section 4.14 of the Declaration, the Board of Directors may amend the Deblaration, and

Whereas the Board and Association desire to amend the DeclaraTION.

NOW, THEREFORE, the declaration is hereby amended as follows:

1. Article VII, Section 7.10 is amended in its entirety as follows:

Section 7.10. Antennae, Tanks, etc. No radio or short wave antennae may be erected or installed in High Prairie Farms. No wind-powered generators shall be permitted. Satellite dishes or antennae may be installed with the following restrictions:

1. Satellite dishes shall not exceed one (1) meter in diameter.

2. Every effort shall be made by the homeowner installing such devices to protect the dishes from being in view from either other residences or from the street. This may be accomplished by, but is not limited to the use of bushes, trees, appropriate landscaping, approved lattibework, or other materials to hide the dishes. No storage tanks, which extend above the ground shall be erootoS, placed, or permitted on any Jot

MURRAY CLERK & RECORDER

RE-ING FEE: $286.00 57 PGS # 03047784

04/08/2003 02:51 PM

FIFTH AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF HIGH PRAIRIE FAR,.1\/_[S DOUGLASCOUNTY,COLORADO

2003047784 57 PGS

This Fifth Amendment to the Declaration of Protective Covenants and Restrictions is made this ~vtL- day of t)J_Mt fl. , 2003 by the High Prairie Farms Homeowners' Association ("Association").

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, Senior Corp., a Delaware Corporation executed and has caused to be r~corded a Dedaratior~ of Prat~:ctive Ccvenar~ts and Rest:ic:ions vf High Prairie Fanns, Douglas County, Colorado on June 11, 1990 in Book 916 at Page 266 under reception No. 9013988, as amended by a First Amendment recorded on April 29, 1991 in Book 966 at Page 292 under reception No. 9112788, and as amended by a Second amendment recorded on March 25, 1992 in Book 1038 at Page 0736 under Reception No. 9209276, and as amended by Amendment No. 3, recorded on May 29, 1992 in Book 1057 at Page 0018 of the records, and as amended by a Fourth Amendment recorded on December 17, 1997 in Book 1494 at Page 0500 under Reception No. 9772433 of the records of the Clerk and Recorder of the County of Douglas, Colorado ("Declaration");

WHEREAS, pursuant to Article VIII, Sections 8.3 additional property may be annexed to the Property by an instrun1ent signed by not less than sixty-seven percent (67%) of the owners oflots then governed by the Declaration;

WHEREAS, Equi-Mor Holdings, Inc. has requested that property it owns known as Lot 1, Szymanski Subdivision, except that portion conveyed to the Colorado Department ofTransportation by Order recorded January 23, 1998 in Book 1504 at Page 1749, County of Douglas, State of Colorado. be annexed into High Prairie Farms;

WHEREAS, attached hereto are the signatures of not less than sixty-seven percent (67%) of the owners oflots governed by the Declaration;

WHEREAS, the Association and the Board of Directors of the Association desire to amend the Declaration.

NOW, THEREFORE, the Declaration is hereby amended as follows:

I. Article I, Section 1.27 is amended to include the real property known as:

Lot 1, Szymanski Subdivision, except that portion conveyed to the Colorado Department of Transportation by·Order recorded January 23, 1998 in Book 1504 at Page 1749, County of Douglas, State of Colorado ("Annexed Property") .

The Annexed Property shall be subject to the Declaration.

HIGH PRAIRIE FARMS

Common Questions

Common Questions on Rules & Regulations

These rules are only a small part of our rules. Please read all of the rules and regulations in their entirety when you receive them.

1. You are required to mow your lot prior to July 1st, and always maintain your landscaping in “first class condition.”

2. Pets may not run loose in High Prairie Farms outside the boundaries of your lot. You must have them on a leash, under voice control, or fenced. There is a "number of pets" limitation.

3. Swing sets need approval from the Architectural Control Committee for location, colors for units and their canopies, if used. Earth tones are recommended and they need to be screened (with shrubbery) from your neighbors and the road.

4. Flood lights are not allowed. Recommended exterior lighting is down lighting that is shielded. If other lighting is requested, it must be a non-exposed light source, such as opaque glass in a fixture and must be approved by the Architectural Control Committee. All exterior lighting must be approved by the Architectural Control Committee.

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10. 11. You cannot make changes of any kind to the exterior of your home or landscaping unless it has been approved by the Architectural Control Committee.

A change in outside paint colors must be approved by the Architectural Control Committee. Trees to be removed from your site must be approved by the Architectural Control Committee as well as any large landscape changes.

Vehicles of any sort are not allowed to be parked outside your garage (for more than 48 hours). Television antennas or dishes exceeding one (1 ) meter in size are not allowed

Speeding is not allowed. Check your speed limits.

Fencing of property lines is allowed only with white, vinyl, 3-rail fencing. You may have an invisible fence for your pets or small fences close to the residence which must not interfere with views from neighboring lots. Location, material and screening must be approved by the Architectural Control Committee.

12. Home business operations with public access constituting a nuisance are not allowed. In-home offices are permitted.

13. Only one site permits horses. The balance of the sites have a "Deed Restriction" prohibiting equestrian use of any kind.

14. Waivers of any Covenant or Architectural Guidelines must be submitted to and formally approved by the Architectural Control Committee

COMMON QUESTIONS REGARDING COVENANTS

Minimum Home Square Footage (Section 7.4)

a. Ranch - 2,200 sq. ft.

b. 2 Story - 2,200 (Main floor must be 1,500 sq. ft.)

Regarding Animals (Section 7.7 - 7.8)

a. No more than two adult household pets are allowed, and they shall not be allowed to run at large.

b. All animals, except for household pets as allowed in section 7.7, shall be prohibited, including but not limited to pigs, goats, cows and cattle, stallions, fowl and poultry, rabbits, livestock, llamas, snakes, and exotic animals.

c. Horses are permitted on a case by case basis. However, strict guidelines shall be vigorously enforced. Boarding facilities are available at High Prairie Farms Equestrian Center.

Specific Guidelines (Section 7.13)

a. No radio, shortwave, TV satellite dish, or other type of antenna shall be allowed.

b. No wind powered generators.

c. No outdoor clotheslines.

d. No above ground storage tanks.

Landscaping (Section 7.15 A and B)

a. Shall be done no longer than six months after date of Certificate of Occupancy is issued.

b. Landscape guidelines:

1. Maximum of 6,000 sq. ft. of intensely irrigated lawn area.

2. One tree needed for every 7,500 sq. ft. of gross lot area.

3. For every 15,000 sq. ft. of lot area, one evergreen, minimum of 8 feet and one deciduous tree with one inch caliber.

Fencing (Section 7.16)

a. All fences shall be of solid white wood - coated with white polymer coating, or other white surface which does not require painting.

b. No walls of brick, chain link, wire mesh, slump block, or concrete shall be allowed.

c. Fences, walls, or hedges shall not exceed 5 ft. in height.

Driveways, Vehicles, & Parking (Section 7.18)

a. Driveways must be a permanent concrete surface.

b. No street parking.

c. Boats, campers, mobile or motor homes, trucks, may not be parked on the street or property, but must be parked within a structure approved in writing by the ACC. Vehicles, except those belonging to visitors, may not be parked on the street or lot for more than 48 hours in any one month.