DOCKET: PAGE:

F. Alit. RODRIGUEZ, RECORDER

RECORDED BY: HEM DEPUTY RECORDER 2051

J.0941 25J.

lTO. OF PAGES:

SEQUENCE:

R02D

ROBERT DOUGLAS LITTLE PC 4837 E 5TH ST #101 TUCSON AZ 85711-2100

36

19982180085 J.2/1J./1998 09:48

ARSTRT

.. ~"

l-f..AIL

AMOUNT PAID

$

41.00

(C(Q)fPl{

\tYhan recoided ratum to: Robert Douges Litte. P.C. 4837 E. 5th St. #101 Tucscn, AZ 85711-2100

REVISED AND RESTATED DECu\RATION OF COVENANTS, CONDITiONS, AND RESTRICTIONS FOR DESERT VISTA ESTATES "TUCSON, ARIZONA THIS REVISED AND R'ESTAT~D DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made this I tih day of December, 1998 by Chicago Title Insurance Company, an Arizona Corporation, not in its corporate capacity but acting solely as Trustee under Trusts 12.131 and 12.134 ("Declarant")

THIS REVISED AND RESTATED DEGLARA.TION OF COVENANTS, CONDITIONS, AND RESTRICTIONS replaces and supersedes that Declaration of Covenants, Conditions. and Restrictions for Desert Vista Estates as recorded on September 23, 1997, in Docket 10636, Pages 2652 in the records of the Pima County Recorder's Office. 1

RECITALS: WHEREAS Declarant herein is the record Lot Ownerofthe Lot and parcet of real property situate in Pima County, Arizona) as shovvn in Book 50 of Maps and Plats at Page 9-1, official records of Pima Count!. Arizona; WHEREAS , such Property is in an area of natural beauty containing distinctive features of the Arizona landscape; WHEREAS Declarant desires to submit and subject the subdivision, together \Nith all buildings, improvements, and otherpermanent fixtures of vvhatever kind nov'! or hereafter located thereon) and all e8Sell1ents", fights appurtenances and privileges belonging or in any \vay pertaining thereto, to the Govenants Conditions! and Restrictions, liens, assessnlents easenlents, privileges a'nd rights contained herein; I

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VVHEREAS, Declarant deems it desirable to create a residential community on all or portions of the Property in (J (!lanner which, to the extent practicable, is compatible vvith the ecology of the land 8nd v/hich enhances its value;

WHEREAS, Declarant deems it desirable to create covenants, conditions. and restrictions running 'tvith the land that'l/ill assure the development and maintenance of the Property described in the legal description attached hereto as Exhibit A in such a manner; WHEREAS DV Homeovvners ASSOCIATION, INC.) an kizona nonprofit corporation (the JlAss ociationfl), has been or v/ill be incorporated to act as a management assodation \oviththe' po\overs of managing, maintaining, and administering the Common Area 'tvithin the subdivision; administering and enforcing these covenants, conditions. and restrictions; collecting and disbursing funds pursuant . to the as sessm ents and charges hereinafter created; and to perform such other acts as herein provided or \lvhich generally benefit its members, the subdi\1SrOn, and the Lot OINners of any interes t therein;

WHEREAS Declarant desires and intends that the Lot O\vners, Mortgagees, Res idents, tenants or leas ees beneficiaries, trus tees under trus t deeds. and all other persons hereinafter acquiring any interest in the Property shaH at all times enjoy the benefits of and s hall hold their interes t subject to the covenants conditions res trictions liens, assessments, easements, and privileges and righis hereinafter set forth. all of V/hich are declared to be in furtherance of a plan to promote and protect the property; I

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NOW, THEREFORE, Declarant. subject to the specific provisions hereof, hereby declares that all of the Property shaH at aU times be ovvned, held, used, and occupied subject to the provisions of this Declaration and to the covenants, conditions, and restrictions contained herein, all of vvhich are established and declared for the purpose of increasing the economic value, desirability, and attractiveness of such Property, for the mutual benefit of the Lot O\vners of such Property. Subject to the specific provisions hereoC the covenants, conditions, and restrictions· set forth in this Declaration shall run "vith the land; s haII be binding upon the Property and aU parties having or acquiring any right title or interest in or to the property or any part thereof; and shall inure to the benefit of each Lot O\Nner, the Association, and each ~l1ember of the Assodation. ARTICLE I DEFINITfONS

The follovving Dec!aration:

terms

have the follo\;ving

meanings

""hen

used

in this

1.1 PArticles!! means the ArUdes of incorporation qfthe Association, as maybe anl end9d fronl tim e to tim e 1.2 I
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1.3 uAssociation shall mean and refer to DV Homeowners Assoaation. INC., an kizona nonprofit corporation, and the improvements contained therein, together\vith ownership by the Assodation of the Common AJea as hereinafter defined. 1.4

tl8oard" means the Board of Directors oftha Assodation.

1.5 "8yiavvs means .the ByIa'vvs of the Assodation adopted in accordance ,"vith the Mides, as may be amended from time to time. tI

1.6 "Common AJeal> means all of the real property and any improvements thereon vvhich is o\Nned or leased by the Association for the common use and enjo}ment of the Lot Ovvners or Residents. Common Nea includes all of the areas defineated as "Common }\reatJ on the recorded subdivision plat for the property.

1.7 "Common Expenses nleans the actual and estimated costs paid, incurred, or reasonably antidpated by the Association in administering, maintaining, and operating the Com mon Area in the performance of the duties of the Association pursuant to this Declaration or in furtherance of the purposes of the Association. ll

1.8 lJDeclarant" means Chicago Title Insurance Company, an Arizona Corporation, underTrusts 12,131 and 12,134 or any Person to \vhom Dedaranrs rights hereunder are hereinafter assigned by recorded instrument, including in the event of the transfer by Declarant of all or subs tantially all of the Property or such portions thereof as are ovved by Declarant and accompanied by the express transfer of Declarant's righ1s hereunder, the transferee from Declarant or any iv10rtgagee of Declarant \\;hich acquires title to or succeeds to the interest of Declarant in any portion of the Property by reas on of the foredos ure (or conveyance in lieu of foredos ure) or trustee's sale undera Mortgage relating to all or substantially all of such portions of the Property ovvned by Declarant. 1,9 "Declaration" means this Declaration of Covenants} Conditions and Restrictions, as may be amended from time to time and is synonymous with "CC&R's," 1.10 1l0eveloper" refers to those individuals and entities \vhich owns five (5) or more undeveloped Lots on a portion of the property and may include Declarant and grantees of Declarant. 1.11 "First Mortgage" refers to 8 ~.~ortgage or of Trust secured by a Lot \vhich is entitled to greater priority than any other rvlortgage or Deed of Trust secured by that Lot.

Dee'd

'1. '12 l>Governing Docunlents" refers to this Declaration as amended from time to tin18 the Articles of Incorporation, the Bylavvs for the Association and any l

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Rules and Regulations adopted by the Association. 1.13 uGuest" is an employee, tenant, guest (\vhether or not for hire), or invitee of a Lot O-vvner or Resident! including any transient guest. .

1.14 "Home" means a completed manufactured home "'lith sleeping, kitchen, and bathing facilities. A Home is deemed compiete vvhen a Certificate of Occupancy is issued or vvhen final approval has been issued by the appropriate governmental entity. 1.15 fllot" means one of the 157 individual residential Lots, vvhether improved or unimproved, vvhich are designated as Lots 1 through 157 on the recorded plat map for the Property. "Lor vvHf also include any additional Property vvhich is annexed into DVHomeovvners Association and v/hich is divided into Lots by the recordation of a subdivision plat map and vvhich VIiI! be used for single family residential manufactured homes. 1.16 ItLot Ovvne( means the Declarant and means the record owner. vvhether one or more persons, of the fee simple title to any Lot which is part of Desert Vista Es tates including a buyer under a contract for sale of real estate, but excluding a Person holding an interest merelyas security for the performance of an obligation or a person I.,.vho holds an option to purchase a Lot. 1.17 "Member" refers to any Person ""ho is a member of the Association pursuant to Mide 2.8 of this Declaration.

1.18 flMongagelJ shall mean not only mortgages but also trust deeds vvhich encumber a Lot, the term HMortgagee shall include a beneficiary under a trust deed, and the term "First Mortgage shall mean the holder of any Mortgage under which the interes t of any Lot Olwvner of a unit is encurnbered and vvhich fv10rtgage has firs t and paramount priority, subject only to the lien of general or ad va [oreol taxes and govemmentar assessments. t

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1.19

"tv1ortgagee" means the holder of a fV1ortgage.

1.20

"Ovvner of a fvlanufactured Horne ' is synonyrnous 'l/ith Resident. !

1.21 "Person" includes a corporation, company, trust partnership, assodation or society) as \vell as a natural person.

firm,

1.22 HP!ar means the Plat or Piats of subdivision of the Property or of 'asenlents and dedications as first recorded in the official records of Pima Countj, Arizona, and as thereafter fronl tin18 to tinle amended or supplemented, tJgetiler with all subs eqllent pJa ts of real propertY".vhich n18Y be annex:!d to the Property. 1.23

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"Properties and "Project" Inean the real propertyciescfibed in the PiaL

1.24 "Property" means ali of the real property described in the Plat and aU real property ~vhich may be annexed into this Project and subject to the provisions of this Declaration. 1.25 "Resident" means any Person vvho physicafly o~vns the manufactured home an~ is occupying a Home on a Lot. ll

1.26 "Rules and Regulations means those policies and procedures adopted from time to time by the Board of Directors 'yvhich govern the conduct and actions of Lot Owners, Residents, tenants, visitors, and guest on Lots v"hich are not otherwise covered in this Declaration. Rules and Regulations, '1,hen adopted by the Board of Directors have the same force and effect as the Restrictions set forth in this Declaration. I

. ARTICLE II THE ASSOCIATION AND MEMBERSHIP

2.1 The Assodation is or shaH be organized as a nonprofit Arizona corporation charged \vith the duties and ves ted vvith the pO'vvers pres aibed by la\v and set forth in the Mides its Byla\cvs, and this Declaration. J

2.2 The affairs of the AsSoo3tion shall be conducted by the Board and such officers as the Board may elect or appoint, in accordance vvith the Midas and Byiavvs as the same may be amended from tirne to time. The composition of the Board shan be defined in the Byiavvs. t

2.3 The Board shall take every action necessary or appropriate to maintain and/or resurface the Common Area access and egress easements or any portion thereof; to repair and maintain the utHity and sevver easements; to maintain the sign easement areas, and to change the signage as described belay'!; to comply \vith all regulations of the City of Tucson concerning the proper maintenance. safetyl control and upkeep of the drainage basins; and to maintain any facilities that may be provided to the Members in the common area.

2.4 EveryPerson or entityv/ho is a Lot Owner and is entitled to possession of any Lot vvhich is subject to this Declaration is subject to assessment by the Assodation "for the costs necessary to fulfill its duties. The foregoing is not intended to include persons or entities \vho hold an interes t olerely as security for the performance of an obligation or are tenants or lessees under a Long Term Lease Agreement with Option to Purchase. Membership shaH be appurtenant to and may not be separated from owners hip of any Lot \vhich is subject to assessment by the Assodation; ownership of such Lot shall be the sale qualification for nlenlbership. fVlembership of each Lot O\:vner in the Association shall be appurtenant to the Lot o\vned and shall not be transferred, pledged, or alienated in any way except upon the transfer of ownership to s aid Lot and then only to the transferee thereof. Any transfer of owners h ip of a Lot shall

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operate automatically to transfer said membership to the nevI Lot O\jvnerthereof. 2.5 Lot O"vners shall be entitled to one vote for each Lot. V\t;1en more than one Person holds an interest in any Lot, all such Persons shaH be Members. The voting for such Lot shall be exerdsed as such Persons among themselves determine. but in no event shall more than one vote be cast \vith respect to any Lot. If any Lot O\Nner casts a vote representing a certain Lot, it wHi thereafter be conclusively presumed for all purposes that such Lot O\vner vIas acting \vith the authority and consent of all other Owners .of the same Lot. Lot Ovvners shaH have the right to appoint their Tenants as the attomey-in-fact of the Lot Ovvner to vote in the place of the Lot O'vvner on all matters 'vvith respect to ""hich the Lot Ovvner \'!Quld be entitled. authorized and/or eligible to vote pursuant to this Declaration: provided, hovve\ef. that in the event the Tenant is in breach or violation of any of the provis ions of this Declaration or the Rules and Regulations promulgated by the Jl.ssoaation, such appointment shall be deemed rescinded. canceled and terminated and. provided, further, that in no event s hall a Lot O"vner be entitled to appoint a Tenant as attomey-fn-fact to exercise the Lot O\NnerS voting rights Vtith respect to the amendment of this Dec!aration or the anne>3tion or deannexation of property subject of this DeClaration. Notvvtthstanding anything to the contrary herein contained, nevertheies s in no event shall a Tenant have the rightto appoint its subtenant as its attomey in fact to vote in the place of the Tenant on nlatters arising purs uant to this Declaration. t

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2.6 Written notice of any meeting called for the purpose of taking any action authorized under this Mide shall be sent to aft rlJlembers not less than thirty (30) days nor m ore than sixty (60) days in advance of the meeting. Prior to the meeting being called to order, the presence of forty percent (40%) of the square footage of the subdivision, in person or by proxy, entitled to castvotes shall constitute a quorum. If the required quorum is not present another meeting may be called subject to the same notice requirements, and the required quorum at the subsequent meeting shall be one-half(1/2) of the required quorurn at the preceding meeting. No such subsequent nleeting shall be held nlore than sixty(60) days follovving the preceding meeting. The Association has all of the povvers and duties as set forth in the 2.7 nonprofit corporations provisions of the Arizona Revised Statutes, as amended from tinle to tin18, 2.8 Every Person vvho is a Lot OV/ner is a Member of the Association and is subject to assessment by the Association. t..1ernbership is appurtenant to and may not be separated frorn ovvnership of a Lot. The Declarant and any Developer is a f'.1ember for so fong as such Persons o\vn at least one lot 2,9 Membership shall not be transferred, pledged or alienated in any way except upon the transfer of ovvnership of any Lot, and then I\1embership shaH only be transferred to the transferee, Any attenlpt to nlake 8 prohibited transfer is void. Any transfer of oV/nership of a Lot shall operate to autof11atically transfer the nlenlbership in the Association to the ne\'! Lot OV/ner. l

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2.10 The affairs of the Association shall be managed by a Board of Directors, v/hich may by resolution delegate any portion of its duties and obligations to any committee created under the Bylav/s of the Association. The number and qualifications of Directors and their terms of office shall be set forth in the 8yta\·vs. 2.11 The Association has hvo classes of voting Members: Class A members are all of the Lot O~/ners except the Declarant (until 2.11.1 the conversion of Declarant's Class 8 Membership to Class A f\1embership as provided below). Subject to the authority of the Board to suspend a Lot O\vnerls voting rights in accordance \vith the provisions of this Dedaration a Crass A Member has one vote for each Lot ovvned. The vote for each Lot shaH be exercised as the Owners agree, but in no event may more than one (1) vote be cast for each (1) Lot owned. . J

2.11.2 The Class B Member is the Declarant. The Class B ~Aember is entitled to three (3) votes for each Lot it o\,vns until it has sold 75% of the Lots, at \vhich time it \ovill be entitled to one (1) vote for each Lot it O\Nns. Declarant shaff be entitled to three (3) votes per Lot that is held in the name of Declarant. The Class B Membership shall terminate upon the happening of the first of the follo\ving events: 2.11.2.1

the date on v/hich 750/0 of the Lots have been sold and closed

escrovv; or

2.11.2.2 recorded; or

the date vvhich is six (6) years after the date this Declaration is

at such time as Declarant relinquishes its Class 8 votes by . providing ~vrjtten notice to the Association.

2.11.2.3

2.12 No change in the ovvnership of a Lot is effective for voting purposes until the Board receives \tvritten notice of such change together vvith satisfactory evidence of the transfer. The vote for each Member must be cast as a single unit. Fractional votes are not allowed. 2.13 Each ~/1ember has all of the rights, duties and obligations set forth in the Governing Documents. 2.1·4 In the event that any Lot Owner. Resident! or,its guests) tenants, or family members are in violation of any of the provisions of the Governing Documents) the Association has the right to record a hNotice of Violation \vith the county recorder's 0f(ice, stating the name of the Lot O\,:vner, Resident, the Lot number and the nature of .he violation. Prior to recording the "Notice of \/iolation the Board nlLlst: ('1) provide the Lot OINner or Resident with notice of the violation; (2) give the Lot O\vner or Resident an opportunity to cure the violation \v1thin the tirne provided in the notice; and H

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(3) if the violation is not cured. provide the' Lot O'vvner 'vvith an opportunity to be heard before the Board of Directors. 2.15 Susoension of Votino Riahts. The Association may suspend the voting rights of any Member for any period during \vhich any assessment or any other sum j s unpaid and delinquent [including any attorneys' fees or other costs incurred by the Association] against a Lot Ovvner is unpaid and delinquent. The Association may also suspend the voting rights of any Member for a period specified by the Board \Nhen , in the Boardts discretion, such Member is in violation of the Governing Documents. 2.16 Notification of Transfer. Within ten days of the date of any sale, transfer. or conveyance of a fee interest in the o'vvner's Lot, the Lot Ovvner must notify the Association of the name and address of the nevI Lot O\vner.

ARTICLE III PROPER1Y RIGHTS AND THE OPERATION OF THE ASSOCIATION

3.1

Common Areas.

3.1.1 Every Lot Ovvner has a right and easement of enjoyment to the Common Area, and such easement shalf be appurtenant to and is conveyed vvith the title of each Lot. Such right and easement of enjoyment is subject to the foHo\ving provisions: 3.1.1.1The right of the Association to adopt Bylavvs and reasonable Rules and Regulations governing the use of the Lots and the Common Area. as 'Nef! as a Lot Owner's or Resident's conduct on the Lots or Common Area, and governing the payrnent and collection of assessments from the Lot Ovvners and penalties for failure to pay these assessments. 3.1.1.2 The right of the Association, in accordance \;vith its Articles and Bylavvs, _ to borrov/ money for the purpose of improving and maintaining the Common Area.

3.1.1.3 The right of the Association to dedicate or transfer all or any part of the Common Area for such purposes and subject to such conditions as may be agreed to by the rl,~embers. No such mortgage, dedication or transfer shall be effective unless approved in vI/dUng by at least t\No-thirds (2/3) of the Lot QINners. 3.1.1.4 The right of the Association to enter into such agreernents and take any . action \vhich is reasonabry necessary and convenient to accomplish the Associationfs obligations and to operate and rnaintain the Comnlon Area.

3.1.2 AI1Y Lot Ovvner may delegate its right to use the COnlf110n Area to the

members of its famHYI its tenants or contract purchasers \vho reside on a Lot, provided that such delegation is in accordance with the Association's Governing Documents. 3.1.3 Ownership of the Common Area is vested in the Association) subject to the easements created herein. The Common Area shall be deeded to the Association by the Declarant on or before the date the first Lot is conveyed to a Lot O~vner. The Common Area shall be conveyed to the Association free and clear of all liens and encymbrances. The' Common Area is for the common use and enjoyment . of the Members of the Association. 3.2 The Association is responsible for the control, maintenance, repair, replacement, and improvement of the Common Area, including but not limited to the following: 3.2.1

an

private drainage faailities including detention and/or retention basins, t

channels and storm drains; 3.2.2 natural areas left in their undisturbed natural state; 3.2.3 landscaping, irrigation systems and lighting systems in the Common Area; and 3.2.4 all improvements to the Common Area, including but not limited to benches, ramadas or lavvns in the Common Area. 3.3 The Association may obtain and pay for the services of any Person or entity to manage any or all of its affairs, to the extent it deems advisable, as vvell as the services of such other personnel and entities, including independent contractors! as the Association determines are necessary or desirable for the proper performance of its obligations and functions, 'tvhether such personne! are furnished or employed directly by the Association or by any Person v/ith 'vVhom it contracts. My contract for professional management \vhich is entered into during the existence of the Delarant's Class 8 voting rights is terminable by the Association vvithout cause and vvithout. penalty on sixty (60) days' notice at any tinle after the termination of the Class 8 voting rights, The Association has no authority to enter into a professional management contract \vhich is inconsistent vvith this Section. 3.4 The Association may undertake or oontract for any lawful activity, function, or service for the benefit of the Lot O\vners. In addition to the Assessments described in Artlcfe XI, air costs and expenses of activities, functions, or services undertaken by the Association fo'r the benefit of fe\;ver than all of the Lot Owners may, at the discretion . of the Board, be assessed against those Lot Owners \vho benefit fronl that .:;xpenditure. The Association shaH obtain from applicable governnlental authorities any licenses or perrl1its necessary or appropriate to carry out its functions. The activities! functions or services undertaken or contracted for by the Association may

include, \Nithout limitation: legal and accounting services necessary or desirable in connection v·lith the operation of the Association or the enforcement of this Declaration; electric and '.;vater service to the Common Area; and, the enforcement of all rights granted to the Association in any contract in 'l/hich it is a party. any easement 'vvhich has been granted to the Association, or in any other instrument, including this Declaration.

3.5 The Board, the Association} and any entity to \vhom authority has been delegated pursuant to the terms of this Decfaration, provided that it acts in good faith and 'vvith due diligence, is not liable to- the Association) any Lot O'-Vnef. or any other Person for any damage, loss, or prejudice suffered or claimed on account of the approval or disapproval of any plans, specifications, or materials, including. but not limited to, flood control plans, \Nhether or not defective; the construction or performance of any vlork vvhether or not pursuant to approved plans, specifications. and materials; the development or manner of development of any land vvithin the Property; the execution or recordation of a form of approval or disapproval pursuant to this Article, 'Nhether or not the facts stated are correct; the performance of any other function pursuant to the provisions of this Declaration; or any other act or omission of the Board or a Board Member or any party to \vhom any Board or Association authority is delegated under the Association's Governing Documents. The Association may provide for the indemnification of its directors r officers. members, employees, agents. contractors, and other persons and entities to the extent aHovved by la'll. l

3.6 Insurance. The Board of Directors shall purchase liability insurance for the Common Area in a reasonable anlount but not less than One Miilion Dollars (S1,OOO,OOO.OO) and property damage insurance for improvements in the Common Area. The Board of Directors may purchase such other insurance as it deems necessary or advisable, including fidelity insurance and officers' and directors' liability insurance. At least annually, the Board shall evaluate the insurance currently in effect and determine \vhether the amounts and types of insurance provide adequate coverage. Based on this evaluation. the Board r11ay increase coverage or obtain such additional coverage as it deems appropriate. All ins urance policies purchased by the Association shalf be for the benefit of the Assodation and the Membeis, and as their interests olayappear, and shall provide that all proceeds covering property losses shall be paid to the Association. The Association or its agents shaH have exclusive authority to negotiate '.vith the insurance carrier, to adjust losses, make settlernents, and give releases to the insurance carrier, and to collect monies from the insurance carrier. 3.7

Every Member and

Resident shall have

a

right and easement of '?njo)fnent in and to the Common Area, and such easement shall be ap~urtenant to JncJ s hall pas S '"'lith the title to eVery as s ess eel Lot.

3.8 The Association shall pay all ad valorern taxes which rnay be assessed against the Cornnlon Area, and these assesSfnents shall be paid pro rata by the Lot Owner of each Lot or, at the option of the B08rd, s hal! be included in the annual

assessment. The Board shaH present to the ~Aembers at the annual J.\ssodation meeting a budget for the coming year including a proposed annual assessment 'wvhich \vil! include Common Expenses and may include sufficient funds to pay the ad valorem taxes on the Common Area and a reseNe account. In the event the proposed annual assessmentis morethantwent/percent(20%)ofthe previous yearfs assessment. the increase mustbe approved bya Dtvo-mirds (2/3) of the Members present and voting. 3.9 The provisions of this Mide shaH be deemed to be covenants running vvith the land and shall be binding upon each Lot O\Noerand shall inure to the benefit of any Person having any interest in the Property. A Lot Dvvner cannot exempt itsefffrom this assessment by nonuse of the Lot orthe common area. but it shall be liable for the s arne as long as it shall oVln the Lot. 3.10 The Board shafl have the pOvverand be required to establish and levy the annual assessments payable on or before January 1 of each year Of at the option of the Board, may be paid in installments, monthly or quarterly. Such assessments, together ~vith interest, costs, and reasonable attomeys fees, shall be a charge upon the Lot and shall be a continuing lien upon the Property against \vhich such assessment is made. Delinquent assessments, togemer "vith interest. court costs, and attomeys fees shalf remain a personal obligation of the Person "vho vvas the Lot O,-,vner at the time the assessment fell due. The personal obligation for delinquent payments shall not pass to a Lot Owners successor in title unless expressly assumed by him. The Assodation shalf have the authority to collect delinquent assessments by action at la\v or by faredos ure of its lien. AIl delinquent assessments shalJ become a lien on said Lot and shall bear interest at a rate of sixteen percent (16%) per annum '"'lith the highest rate allo\ved by applicable lavi from the date on vvhich they become definquent. A'lY payment due shall be delinquent and shall accrue interest if not paid \vithin ten (10) days of its due date. l

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3.11 In the event it shall becofne necessary for the Assoaation to employ attorneys to collect delinquent assessments, vvhether by foredosure of the Hen created herein or othef\Nis e the delinquent Lot Ovvner or Res ident s hall pay. in addition to. the assessnlent and accrued interest thereon, reasonable attomeys fees and all other cos ts and expenses incurred by the Association as a result of said delinquency. I

3.12 The assessnlents shall be the same for each square foot in the subdivision, each Lot to pay its proportionate share.

3.13 A'ly lien created by this Declaration shalf be subject and subordinate to a recorded ·first reai~1 ~-Aortgage upon any of said Lots made <,in good faith and for value, \vhether now e)jsting or made and recorded at anytime hereafter. Should a rvlortgagee or any assignee of said ~J1ortgagee obtain title to an)' Lot as a resuit of a foredosure of t,ne nl0rtgage, such purchaser of title, its successors or assigns. induding any purchaser at the sherrffs sale ordered b)/ said foredosure, shall not be liab!e for the share of COllinlOn Expenses, assessrnent. or clues by the Association chargeable to sLich Lot \vhich beCOT112 due prior to the acquisition of title to such Lot by such

purchaser. ARTICLE IV OWNERS' MAINTENANCE RESPONSIBILITIES 4.1 Each Lot O\lvner and Resident is responsible for the paJment of its Lot's utilITy costs, property taxes, insurance, and the repair of all appliances and equipment located on the Lot. Each Lot O\rvnerand/or Resident is responsible for the repair of any vvater line which is located under the Lot. Each Lot Ovvner and/or Resident shaH be . responsible for maintaining , repairing and replacing anysevver fine vvhich services the Lot from the point that the sewer line enters the Lot. t

4.2 Each Lot Owner and Resident is responsible for the upkeep and maintenance of the exterior and the interior portions of its manufactured home and for the maintenance and landscaping of aU portions of the Lot, except those portions \;vhich are s pecff!cally delineated as the responsibHityofthe Association. 4.3 Each Resident is responsible for providing termite control and other pest control on the Lot. 4.4 No Lot Ovvner andlor Resident may take any action ~vhich impairs the structural soundness or integrity of any improvements on the Lot ~vhich may cause any damage to any other Lot. 4.5 No Lot O\;vner and/or Resident may aHo\;v any condITion to exist on its Lot v/hich adversely affects the other Lots or other Lot O\vners or Residents, nor maya Lot O\Nner and/or Resident engage in any conduct \vhich causes the premiums for any insurance \vhich is provided by the Assodation to increase.

4.6 Each Lot O'0/ner and Resident is responsible for assuring that all cons truction. alterations modifications, or additions to buildings \vaBs. fences, driveways or other structures on the Lot confom1 to the Goveming Documents. Ifl after \vritiBn notire from the P.ssoaation a Lot Ovvner and/or Res ident fails to comply \vith the Assodation's request to conform to such Goveming Documents, the Association may, . in its sofe discretion, take \vhatever action is appropriate to bring the Lot into compliance, and charge the costofsuch "'lark to the Lot Owner and/or Resident vvhich shall be collected in the same manner as the collection of assessments. I

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4.7 Electric povver telephone, sev'lers , and \vater\vil! be available to the Lots through private utility companies authorized by the State of Arizona. Neither the Declarant, the Board of Directors, nor Committee of the Association assumes any responsibilityfor and does not guaranty the quality or quantity of the \vater and eledric powerto be furnished to the Lot and shalf not in any v/ay, be liable for any shortage of 1

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\rva te r or electricity.

4.8

Dereliction of Maintenance bv Lot Owners.

4.8.1 Each Lot Ovvner and Resident is responsible for the payment of all damages caused by the Lot O,-,vner or Resident' or its guests; family, lessees, pets, or employees to its or any others property or to the Common Area. If any Lot Owner or Res ident fails to maintain the Lot in a manner satisfactoty to the J\ssociation. the Association, through its agents and employees. after giving ten (10) days' written notice to the Lot Ovvner or Resident is entitled to enter on the Lot and to make any necessary repairs maintenance, rehabilitation or restoration of the Lot, including the exterior of any manufactured home as necessary. The Association shall provide the Lot Ovvner or Resident ,",vith an invoice for the \vork performed. [n the event such invoice is not paid vvithin ten (10) days of its date, the Association is entitled to collect the amount due in the same manner as the collection of assessments. j

4.8.2 Nothing contained in this Declaration requires the Association to charge for or to collect assessments for damage caused by a Lot Owner Resident or its guests, family, lessees, pets, or employees to any other's property or to the Common Area. Any party \vhose property is damaged by another's negligence or wiHful conduct may not require the Association to make such repairs, to charge the offending party, or col/ect such necessary amounts from the Lot Owner or Resident l

ARTICLE V pJ~CHrrECTURAL

CONTROL

5.1 Except for improvements or alterations undertaken by the Declarant. no building, fence, \vall, or structure, or improvement shall be commenced, erected, or maintained upon the propertYl nor shaH any exterior addition change, or alteration thereto be made until detailed plans and specifications sho\iving the nature , kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in \tvriting by the Board of Directors of the Association or an Architectural Committee appointed by the Association for compliance \vith the provisions of this Declaration and for harmony of externaf design and location in relation to surrounding structures and topography. For purposes of this Article. the Board of Directors of the Association shall have every povver to act 8S the Architectural Committee in the event the Comnlittee has not been appointed or other\vise is unable to act. j

5.2 The Architectural Committee shaH have the exclusive right! exercisable in its discretion, to promulgate vvritten rules, regulations, and restrictions on construction; to arnend such rules, regulations, and restrictions from time to tinle; and to waive or rnod[fy any such rules, regulations, or restrictions (except the architectural -les1gn of original unit construction); to \Naive Of modify use restriction set forth in this .Jec!aration, provided that in no event shall (1) any \,vaiver be effective unless in vvriting and signed on behalf of the Architectural Conlrnittee by 8 person duly authorized to sign such \vaiver r and (2) no such waiver shall be deen12d a 'Naiver of the right to

enforce such rules, regulations, or restrictions in the future. 5.3 Prior to making any improvements, v/heth~r such improvements be initial improvements or later aIterations r modifications, or other changes, a Lot Ovvner shall be required to obtain the approval of the Architectural Committee. ,'- The procedure for the approval of any such improvement is detailed in the Architectural Guidelines established by the Architectural Committee. The procedure includes a_ preliminary plan revievv a complete plan revie\v. a site layout review prior to construction. and a final revievv. Written approval by the Architectural Committee is required at each stage of the procedure. No changes or deviations in or from the . approved pfans and specifications. insofaras the exterior of the proposed improvements is concerned, shall be made vvithout the written approval of the Architecturar Committee. After construction is completed, no changes shaH be made, including no change of exterior color, \vithout the \vritten permission of the Architectural Committee. l

5.4 At the time the plans are submitted to the Architectural Committee, the submitting Lot O\Nner or Resident shaH pay a fee. That fee shall be established at T\vo Hundred Fifty Dollars (5250.00) and shall be subject to change by a majority vote of the Architectura[ Committee. For improvements other than plans for a manufactured home on a Lot, such as the addition of a swimming· pool. Viall. or additions to manufactured homes. the Architectural Committee shall establish a schedule of a lesser fee relative to the cost and complexity of the improvements. 5.5 discretion.

Approvaf of plans

shall

be in the Architectura! Committee's

sale

5.6 Except as the Architectural Committee may approve for exception, all plans shall meet the folrovving nlinimum criteria (and such further criteria as established in the Architecturar Guidelines): 5.6.1

All plans shall be in accordance vvith the provisions of this Declaration;

5.6.2 The style of architecture is to be Southwestern in character. AI! exterior color schemes, exterior materials, and major exterior features shall be in accordance' \vith the Architectural Guidelines established by the Architectural Committee; 5.6.3 Reflective roofs and flat roofs are unacceptable. There shall be no heating! cooling, or other mechanical equiprnent placed on the roof of any structure. Special consideration \tvil! be given to the use o·f solar _Dr other energy conserving equipment if is fully concealed frorn vie'vv of neighboring Lots and integral to the esign of the structure; 5.6.4 r\~anufactured H0f11eS on Lots shall include utility yards or enclosures (\vith sofid gates) in \vh!ch all exterior heating and cooling apparatus, pool dnd spa equipnlentJ nleters, c!othesiines mechanical equipment tanks; and space for trash l

J

or rubbish containers and \ivood storage shall be fuliy concealed from vievv. 5.6.5 All electrical service and telephone service and telephone lines from the utility company line shall be placed underground, and no outside electrical and telephone lines shall be placed overhead. Service to the individual building site of such lines shaH be taken from the point assigned by the Architectural Committee;

5.6.6 Only single-story manufactured homes shaH be built on the Lots. The follovving ~eig~t restrictions shall apply:

5.6.6.1 a maximum height of D;venty (20) feet from natural grade in a sloped roof design. 5.6.6.2 a minimum size of D;venty-four (24) feet by forty (40) feet.

5.6.6.3 installation.

all hitches

t

axles, and vvheels must be removed at the time of

5.6.6.4 no singte~\Nlde homes are acceptable.

5.6.7 No improvement shall exceed one story in height or tvventy (20) feet above natural grade for pitched roof designs. 5.6.8 All improvements shall be specificaIJy designed to conform to the natural topography and to preserve as much as possible the natural features and desert gro~vth of the site. Cut and fHl are to be minimized. Any exposed fHi must be restored by replanfing \vith native desert plants. 5.6.9 On Lots, the primary Home, not including garage. other improvements such as quest houses, svvimming poots, and off-site improvements, shall be not less than 900 square feet. The Architectural Committee shall have the pO'Ner to grant '-Jvritten approval for an exception to the minimum square footage requirement upon application of the Lot Ovvner or Resident and upon the Committee's satisfaction that the proposed Home is of comparable quality and value to other homes surrounding _ the Home. The Architectural Committee shall be the final deciding authority regarding the square footage requirement and any application for exception thereto. Each Lot O\vner or Resident shall furnish the Architectural Committee \vith such additional information as the Committee may request: 5.1 Neither the Association nor the Architeotural Committee shall be responsible for any structure or other defects in the plans or specifications nor in any building or structure erected in accordance with the plans and specifications. Neither ~he Association nor the Architectural Committee shall be liable for damages or to clnyone subnlittlng plans for approval or to any Lot Owner, Resident, owners of land subject to the cOVenants by reason of a nlistake in judgrnent, negligence or nonfeasance of itselC its agents or employees. Lot Owners, by taking title to Lots: waive

any claim for those damages. ARTICLE VI USE RESTRICTiONS 6.1 No structures or improvements vvhatsoever shaH be erected. placed or permitted to remain on any portion of the Property which does not constitute a Lot except public utility facilities and common facilities built or approved by Declarant or by the Association on common" area. Nothing contained herein shaH be construed to prevent Declarant or Declarant's designated Developers from erecting. plaCing. maintaining signs, structures, and offices as may be deemed by Declarant to be necessary or desirable for the operation or development of the subdivision.

or

6,2 No structures shari be erected. altered. placed. or permitted to remain on any Lot other than detached single family manufactured homes for private use together 'wvith other customary ~mprovements. All garages shalf be maintained as. such unless the Architectural Committee approves its use for some other purpose. 6.3 The native gro'Nth of the property, including cacti, mesquite, and palo verde trees shall not be destroyed or removed by any Lot Ovvner or Resident or under any Lot Ownerts or Residenfs authority, except for removal of native gro\Nth as may be necessary for permitted and approved iOlprovements and landscaping. In the event that grovvth is removed or destroyed vvithout the approval of the Association or a committee designated by the Association the Association or its designated committee may require the Lot Owner or Resident to replace such grovvth or may undertake the replanting or replacement of the same at the Lot Ovvner's or Resident's expense. The cost of such replacement, jf undertaken by the Association. shaH be an assessment against the Lot and shall be paid as the Association may determine. Nothing in this section shan prevent a Lot O\,vner or Resident from landscaping inside a \va!!ed patio area in accord 'wvith the other provisions of this Declaration. j

J

6.4 No Lot shail be resubdivided except as approved by the Declarant the ACe, or its successors. 6.5 Setback Requirements shall comply \vith city and county requirenlents and shall be subject to ACe approval. 6.5.1 All Lots shall be subject to the follovving requirements: No fence. \Nall or hedge shall exceed six (6) feet in height from the natural ground line. Any plants or other gro\Nth used to form a hedge shall be subject to the same setback height and ACe requirernents \vhich apply to 8 \va!l or fence. Fences and 'Nalls shall be constructed from the saD18 nlateriai used in construction of the Home io provide the look of a uniform improvenlent plan. l

j

G.6 E a c h H 0 nl eon Lot s ha II be b u iI t 8n d nl a i n ta j ned as fo II ovvs :

·

-

6.B.1 At! private drivevvays shall be treated and maintained ~vith a minimum of one and a half (1 1/2) inches of asphalt concrete or three and a half (3 1/2) inches of concrete. Any exceptions to this requirement shaH require the prior 'Nritten approval of the Architectural Committee. 6.6.2 All exterior lights must be located in a manner so as not to be directed toward or to interfere with the surrounding Properties or the Common Area,. including streets, pathways, and trails. -6.6.3 All mailboxes and mailbox standards of manufactured homes shall tie maintained as provided and shall be of uniform shape} size cotOf lettering sho~ving street numbers, and design as, designated by Decfarant or the Architectural Committee. l

l

6.6.4 When each Lot is improved, each Lot O'wner shall install a mailbox and standard of a design approved by the Architectural Committee. 6.6.5

An

grass and other ground cover shaH be a variety recognized as pollen

free.

6.6.6 All trees and other vegetation planted on the Property shall be kept trimmed to a height vvhich \tvill not materially interfere \vith views from neighboring building sites. 6.6.7 An improvements shaH be maintained in accordance \vith the original plans submitted and approved by the Architectura! Committee. 6.6.8 AU buildings and improvements Or} the Property shalf app!icable co'unty and city building code requirements.

conform

to

6.7 No minerals of any kind including sandt gravel, oil, natural gas, metals. or othefvvise may be removed from the Property for commercial purposes or for resale nor may they be removed in substantia! quantities for any reason.

6.8 All mechanical environmental control equipment, including space without limitation heating and cooling units and utility meters, shall be ground nlounted vvithin enclosures that shield thenl from vievv from the street and from adjacent Lots. Enclosures shari have solid redvvood gates. The Architectural Committee shall have authority to approve special rules or grant any exemptions from this paragraph on account of solar equipment vvhich·-.is integral to the design of the buHding or structure. 6.9 No electronic sending or receiving devices or antennas are pernl1tted on any rooftop or on any Lot \vithout \vritten approval of the Architectural Committee. Such written approval shall be in the sole discretion of the Architectural Comrnittee.

6.10 Property.

No tanks of any kind shaH be permitted under or upon any part of the

6.11 Lot O'ovners and Residents shalf keep from vie\ov at all times.

all

trash containers concealed

6.12 . No improvements may be made on the Property unless made simultaneously or after the erection of the main residence on the property, No clotheslines shall be erected or maintained on any Lot except as may be approved in \vriting by the Architectural Committee and concealed from view of both neighborin'g . Lots and streets. 6.13 No temporary house, dwelling, garage, outbuilding, house trailer} commercial vehicle or equipment of any kind, tent, or other structure shaH be placed permanently or temporarily in the subdivision. Boats, campers. trailers. motor homes. recreational. and other vehicles shall not be placed even temporarily upon the Property unless stored vvithin an enclosed garage or an enclosed structure approved by the Architectural Committee.- No residence or guest house shall be occupied in any manner while in the course of construction nor at any time prior to being fully completed.

6. 14 Construction of improvements on a Lot shaH be prosecuted diligently from the commencement thereof until completed. Any structure damaged by fire or other cause shall be repaired, replaced, or removed \vithin three (3) months from time of damage. 6.15 Some Lot numbers may be designated as a flood prone area. In addition to the restrictions stated herein, the Lots are restricted to uses. that comply '"'lith restrictions stated in any governmental flood control ordinance or regulation. ARTICLE VII WALLS

7.1 Each \vall built as a part of the original construction of a building. patio \vaf!, or other structure upon the Properties and placed on the dividing line betvveen Lots is a HParty Wall. The general rules of lavv regarding party 'Nalls and liability for property damage due to negligence or \villfuI acts or omissions shall apply to the extent not inconsistent \vith the provisions of this Articie: rI

7.1.1 The cost of ordinary repair and maint~Dance of a Party Wall shall be shared equally by the Lot Ovvners whrch are divided by the \vall. 7:1.2 If a Party Wall is destroyed or darnaged by fire, any Lot Owner who has used the \l/a!1 may restore it and is granted an access easement for such restoration. The Lot Ovvners vvhich are divided by the \vall shall share equally in the cost of such restoration.

7.1.3 Notv"lithstanding any other provislons of this Article, a Lot Owner or Resident who negligently or vviHfully causes a party ,-vall to be exposed to the elements shan bear the vlho!e cost of repairing all damage resulting from such exposure. 7.1.4 Any Lot O'vvner desiring to make any repair or modification requiring the extension or alteration of a Party Wall shaH first obtain the vvritten consent of the ACe. 7.1.5 The right of any Lot Owner to contribution from any other Lot Owner under this Article is appurtenant to ovvnership of the Lot and shaH pass to such successors in title. -

7.1.6 In the event of any dispute arising under the provisions of this Article each party shall choose one (1) arbitrator; the hvo (2) arbitrators shaH choose a third (3rd) arbitrator; and the dispute shall be decided by the majority of all of the arbitrators v/hosedecision shall be finar and binding. l

7.1.7 Private agreements_ bel~veen Lot O\vners may not modify the provisions of this Article. 7.1.8 The term "Association Wall" refers to any fence and 'oval! on this Property which is either solely in the Common Area or \vhich is on the dividing fine between a Lot and the Common Area. The Association is responsible for maintenance. repairJ and replacement of any Association Wall provided, hovvever that if the Association Vval! is located betv'/een a Lot and Common Areal the Association may require the Lot OINner to contribute to the costs of the maintenance repair and replacement of that \valL For those Association Waifs \tvhich are on the dividing line betvveen the Common Area and a Lot, the Association is responsible for pa'inting that portion V/hich faces the Common Area, and the Lot O\tvner is responsible for that portion of the \vall \vhich faces the Lot. t

J _

7.2 Any \tvaf! \vhich is solely on one Lot and not on the dividing line between Lots or between the Common Area and the Lot shall be the sole responsibility of the Lot Owner on vvhich the \rvall is located. ARTICLE VlIl INGRESS, EGRESS, SEWER AND UTILITYEASEiviENTS

The Association has an easement acro~s each Lot for maintenance of the Comnl0n Area and Assodation \1\f8I1s. Damage any Lot caused by the gross negligence or \villful misconduct of the Association or any of its agents during entry onto any Lot shall be repaired by and at the expense of the Association. 8.1

8.2

to

Declarant's Easenlents.

-10

8.2.1 The Declarant and the Developers have the right and an .easement to use any Lots it o~vns for construction purposes, including the storage of tools, machinery, equipment, building materiais, and supplies. 8.2.2 The Declarant and the Developers have the right anq an easement to maintain safes or leasing offices, management offices, and models throughout the Project and to maintain one or more advertising signs on the Lots ovvned by the Declarant or Declarant's Developer \vhHe selling the Lots.

8.3 Each Lot and the Property induded in the Common Areas is subject to an easement for encroachments created by the original construction of the improvements, settling and overhangs. and for any Party Waifs \vhich \vere part of the original construction. A vatid easement for those encroachments and for the maintenance of such shaH continue for so long as such encroachments exisf~

. '.

~.

8.4 . . The Association has the right to grant permits, licenses, and e~'~ements in the Common Area for any purposes relating to its preservation and maintenance and for any purposes \vhich benefit the Project. 8.5 kl easement upon and over the five (5) foot perimeter of each and every Lot is hereby es tablis hed and reseNed to the Declarant and the Ass odation for utility purposes, for installing, repairing. and maintaining all facilities necessary for such purposes. 8.6 The Declarant hereby establishes and reserves an easement to the Declarant and the .Association over and upon each Loti as sho\vn on the subdivision Plats, for the purpose of constructing, installing, and mainta1ning landscaping. side\Nalks and such other improvements as the Declarant or the Assodation deem necessary, provided that nothing contained in this paragraph s haJI obligate Declarant or the I\ssodation to construct, install, or nlaintain any such landscaping or im provem ents. J

8.7 If any portion of a rnanufactured home and improvements encroach on the adjacent Lot or upon any portion of the common area, a valid easement for such encroachment and for the mainenance of the same, so long as such structures standi shall and does existand is hereby created. 8.8 Each ~l1ember shall be entitled to enjo}ment of each of the ingress and egress easements designated in Cornrnon Areas. In the event any r·.1ember) through its O\vners, agents, or employees, darnages the Comn)on kea or obstructs its use by the other r.~em bers or calfS es the attractiveness of the eas enlent to be diminished such that it is reasonable for the Board to repairand remO\B any such obstruction or condition to restore the easement to its norma! function and high qua!ity condition and shall be authorized to remO\8 the offense at a costto be borne by the iAember who has failed to conlp!y, and such cost shall beCOf118 a special assessment against that fv12tnbec. Nothing in this paragraph shall prohibit the Board in an emergency situation I

from acting to remo\e an obstruction immediately v/ithout notice to the ~J1ember 'Nho perm rtted or placed the obstruction in the easement. 8.9 The utilfty and S8vver fines and facilities may require repair from time to time. In such an event it shall be the dutyofthe Boardto determine if the repair has been caused by the neglect or negligence of a Member or one of its agents or employees. In such an event the costofrepair and the restoration of the landscaping shall become a special assessment against that Member to be paid within thirty (30) days after invoice. In all other instances, the cost of repair and restoration shal! b~ borne by the Assodation.

AF
Residential Uses.

9.1.1 AU Lots shall be used for single-family residential purposes only, unless approved in writing by the ACC. 9.1.2 Manufactured homes are permitted on the Lots provided that the Board of Directors, upon application of the Lot Owner. approves such manufactured homes. No structures of a temporary character, recreational vehicles (RV's). tents, shacks, garages or barns, shat! be used on any Lot at any time as a residence either temporarily or permanently. All temporary structures located on any Lot during construction of a Home must be approved by the Board and must be removed when construction is completed. 9.2 No animals, livestock, or poultry of. any kind shail be raised or kept on any Lot, except for dogs, cats, or other household pets. At anyone time the total number of househofd pets raised or kept in a Home, other than fish. shall not exceed DNO (2), nor shaH any animals be kept, bred. or maintained on a Lot for any commercial purposes. No animafs may be kept \vhich, in the sole and absolute discretion of the Association , constitute a nuisance or annoy the other Lot O\vners or Residents. Any such nuisance shall be corrected at the Lot OV/ner's or Residen.t's expense. If the Resident does not comply \vith the requirements imposed by the Association, the Association may take any appropriate action to abate the condition and shall charge the costs to the Lot O\;vner. Any such costs \vhich are not paid by the Lot O,-,vner shall become a lien on the Lot and shall be collected in the sarne manner as assessments. AU aninlals nlust be on leashes, except \vhen they are in the Home or tn an approved enclosure on the Lot.

9.3 Except as nlay be specifically permitted in Rules and Regulations adopted by the Association, no advertising signs or billboards may be placed on any Lot, jf visibfe frorn neighboring property, unless such sign has been approved by the Board except:

9.3.1 Signs v"hich may be required by legal proceedings.

9.3.2 One (1) sign advertising the Lot Owner's Lot for sale or lease, provided such sign does not exceed the size of standard real estate signs customarily used by a licensed real estate brokerage firm in Tucson Arizona. Such signs must be placed either on the LotI 'wvithin the Home, or on the viall located on such Lot and must be removed 'wvIthin r..VQ (2) v'leeks after the offer of sale or lease of the Lot has been accepted and all contingencies have been removed. t

9.3.3 Temporary signs indicating an "Open House" for those Lots offered for sale may be placed at appropriate locations in the area to properly direct interested parties to the Lot. but only during those hours in ,-,vhich the Lot is open for inspection. 9.3.4 Directional signs pertaining to streets and to easements 'Nhich are placed by the Association or the Declarant and \vhich are of customary and reasonable dimensions.

to

9.3.0 Signs pertaining the Decfarant and to any Developer which indicate the Property is for sale or indicating the Declarant's or any Developer's office. 9.4

Leases.

9.4.1 A Lot O\>vner \vho is leasing its Lot may do so only for single-family residential purpose only. 9.4.2 All provisions of the Association's Governing Documents vvhich govern the conduct of Lot O'ovners and Residents and ,-,,,hich provide for sanctions against a Lot Owners also apply to all occupants of any Lot. The Lot Ovvner shafl provide the Resident or tenant \}/ith copies of the Association's Governing Documents.

9.4.3 All leases and subleases shaH be in vvriting and shall specificaHy provide: 9.4.3.1 The lease is subject in all respects to the provisions of the Association's Governing Documents. 9.4.3.2 The failure of the lessee to comply 'vvHh the conditions Association's Governing constitutes a material default of the lease.

of the

9.4.4 In the event a Lot Q\vner leases its Lot, the Lot Owner shall give the Association, in \vriting) the name of the lessee and such other information as the Board may reasonably require. In the event the lot Owner fails to do so, the Association shall contact the occupant for this infonnation and charge the Lot Ovvner for the cost of doing so but not less than $25.00.

9.4.5 All leases \vhich do not contain these provisions shall be deeoled nul! and void at the. option of the Board of Directors.

9.5 -No unsightly articles are permitted on any Lot \vhich may be visible from adjoining Lots or from the street or public \vay. No obnoxious or offensive activity shall be carried on upon any Loti nor shall anything be done. placed, or stored on the Lot Iwvhich may become an annoyance or nuisance to any Resident, and there shall not be any noises or odors vvhich vvill or might disturb the peace. quiet comfort, or serenity of the Residents \vithin the Project. The Board has the sale discretion to determine if any activity by a Lot O'vVner or Resident, or its family, invitees or iessees is in v.iolation of this Section. l

9.6 9.6.1

"Business activities" are defined as a trade. occupation. commercial enterprise. profession, or business. 9.6.2 No business activities may be conducted on any Lot or in any Home provided} hovvever. that a Lot Q\tvner or Resident may engage in business activities so long as (a) the existence or operation of the business activity is not apparent or detectable by sight sound. or smerr from outside the Lot; (b) the business activity conforms to all zoning requirements for the Properties: (c) the business activity does not involve, by any Person conducting such business \Nho does not reside on the Properties a door-to-door solicitation of Residents of the Properties; (d) the existence or operation of the business does not increase that Lot's use of Common Area facilities over that standard for a single-family manufactured home; (e) the existence or operation of the business does not require customers or delivery trucks to visit the residence; (f) the business or activity does not alter the character of the neighborhood as a single-family residential community; and (g) the business activity does not constitute a nuisance or become an annoyance to the neighborhood or constitute a hazardous or offensive use or cause the Lot O\tvner to viofa,te any other provisions of this Declaration or threaten the security or safety of other Residents of the Properties, as may be determined in the so!e discretion of the Board. " l

9.6.3 In detern1ining vvhether the business activity is prohibited, the Board of Directors nlay consider the following factors: (1) vvhether any structural changes to the Lot have been made; (2) vvhether the business activity increases the noise levels in the subdivision; (3) \vhether the business activity increases pedestrian or vehicuiar traffic vvithin the subdivision; (4) vvhether outside employees 'Nork in the Lot; "(5) ,;vhether the business activity is unobtrusive and not detrimental to the Property values within the subdivision; (6) the hours of operation of the business activity; and (7) public safety. The Board of Directors has the absolute discretion to determine if the business activity violates this provision of the Declaration and to require that the Lot OVJner inlmediately cease such activity.

9.6.4 Nothing contained in this Declaration shaH be constued to prohibit the Declarant or any Developer from n13intaining sales offices construction offices and sales nlodels on the Lots or the Comnlon !\rea. l

9.7

All clotheslines. equiprncnt, service yards, woodpiles, and storage piles

shall be kept screened by adequate fencing to conceal them from vie'ov of adjacent Lots and streets. All rubbish and trash shall be regularly removed from ail Lots and shall not be allovved to accumulate. AU trash and garbage bins and containers shall be covered and stored in such a manner as to be safe from 'wind or animal spiIfage and shall be concealed from site except on days of pickup.

9.8 No outdoor fires. except in standard barbecue equipment are~permUted on any portion of the Property except as specificaffy authorized in writing by the Board of Directors. 9.9 Any motor vehicle operated on the Property, including any automobile, truck, dune buggy. motorcycle. or trail bike, shall have mufflers on its exhaust system and shail be ridden onty on paved roads \vithin the Property or any other areas specifically designated for such use by the Board. No motor vehrcfe ~vhfch is not in an operating condition or which is not properly licensed shaff be parked or left on any part of the Property other than inside the garage. No motor vehicle shaH be ridden on any Lot except for the purpose of parking, loading, or garaging or for necessary maintenance of the Lot. Motor vehicles may not be operated for recreational purposes on any portion of the Property. 9.10 A Lot O,-vner or Occupant may not store or park any boat, truck, recreational vehicle (RV), trailer. van, motor home. camper, or similar vehicle or Hem on any public or private street in the Project, in front of any lot, or else\vhere on any Lot, except in the garage. 9.11 No privies shaH be maintained or used on any Lot, except for temporary privies \vhich are used during the course of construction on a Lot and approved in advance by the B-oard subject to such conditions as the Board may impose. J

9.12 No derrick windmill, pump, or other structure designed for use in boring, mining or quarrying for vvater, oil or natural gas, or precious minerals shaIl be erected, maintained, or per'mitted on any Lot. t

9.13 No excavation shall be done on any lot except in connection \A/ith construction of an improvement on such Lot. After cornpletion of the improveme"nts any exposed opening shall be backfilled and disturbed ground shall be compacted} graded and leveled in such a manner that the drainage over the disturbed ground is the same as it "vas prior to the excavation. 9.14 No fence, hedge, \vall, trellis, or structure., [other than the Home] may be higher than six (6) feet above the surface of the ground.

9.15 No Lot may be subdivided \'1ithout the prior approval of the Board.

9:16 No pole, rnast or outdoor antenna larger than six (6) feet in height shall be allovved on any Lot vvithout the prior vvritten consent of the Board. Satel!ite dishes l

I,vhich are 18 inches or less in diameter are permitted but must be concealed. 9.17 After installation the Lot Ovvner shall. at its expense, maintain the landscaping in compliance "'lith approved landscaping (Plot Plan) and in a healthy, attractive condition vvhich shan be in compliance \vith approved .landscaping (Plot Plan). If any Lot Ovvner fails to landscape dr maintain landscaping in accordance \;vith the foregoing, the Association may enter on the Lot and perform any necessary landscaping work. The cost of this maintenance shall become a lien on the Lot shall be assessed against the Lot Owner, and shall be collected if! the same manner as Assessments. ARTICLE X LIENHOLDER PROVISIONS

10.1 Notv/ithstandfng any other provisions in the Associationfs Governing Documents, the ·fo[(o~vjng provisions apply to each holder of a First Mortgage or deed of trust on a Lot (IIFirst ~l1ortgageeJl): 10.1.1 The First Mortgagee is not personally liable for the payment of any assessment or charge nor for the obseNance or performance of any restriction or rule of the Association. except those matters vvhich are enforceable by injunctive or other equitable actions. In the event a First Mortgagee. its successors or assigns, becomes the O'Vvner of a Lot, the First Mortgagee vvi!! then become an O\vner subject to all of th.e future obligations of these CC&R's. 10.1.2 During the pendency of any proceeding to foreclose the First Mortgage, including any period of redemption, the First ~l1ortgagee may, but is not required, to exercise any or all rights and privileges of the Lot" O\vnerfs mortgaged Lot, including but not limited to) the right to vote as a ~J1ember of the Association to the exclusion ·of the Lot O'-ivner's exercise of such rights and privileges. 10.1.3 At the time the First ~l1ortgagee becomes the record Lot O\;vner; that First Mortgagee becomes subject to all of the terms and conditions in this Declaration; including but not limited to, the obligation to pay all assessments and charges accruing after recordation of the deed to the Lot} in the same manner as any Lot Ovvner, including the right of the Association to assert a lian on the Lot if the assessment becomes delinquent. 10.1.4 Any party acquiring title to a nlortgaged Lot through foreclosure vvhether judicial or othervvise, including acceptance of a deed ·..in lieu of foreclosure, acquires title to the Lot free and clear of any lien in favor of the Association for accrued assessn1ents, including those accruing through the expiration of any period of redenlption. Any unpaid assessment '-viI! continue to be the personal obligation of the Person who ,"vas the record title Lot Ovvnsr during the tinle the assessment became due. Tile Board shall lise cdl reasonable efforts to collect such delinquent Clssessnlents, even though that Person is no longer a iV1ember of the Association. l

10.2 First Mortgagees have the right to jointly or singly pay taxes or other charges v/hich are in default and \vhich mayor have pecome a charge against the Common Area or other common property o\vned by the Association, and such First ~l1ortgagees maYt jointly or singly, pay overdue premiums on .hazard insurance policies or secure nevI hazard rnsurance coverage on the lapse of a policy for such Common Area or common property, .and any First Mortgagees making such .payments shall be immediately reimb.ufsed by the Association. 10.3 A First Mortgagee, upon \vritten notice to the Association, is v/ritten notification from the Association of any default in the performance O\ivner encumbered by the Mortgage in favor of such Mortgagee of any under the Association's Governing Documents \vhich is not cured \vithin days.

entitled to by the Lot obligation thirty (30)

10.4 No prOVISion of the Association's Governing Documents \vil! affect, impair, defeat) or tnvaHdate the interest or lien of any First Mortgagee. 10.5 No Lot is subject to any unreasonable restraints on alienation \vhich \vauld adversely affect titie or marketability of a Lot or the abHity of the First tv1ortg-agee to foreclose its lien and thereafter self or lease the Lot.

10.6 In the event of any conflict or inconsistency between any provision of this Article and the provisions of any other Article of this Declaration, the provisions of this Article shall prevail. ARTrClEXf

ASSESSMENTS 11.1

Puroose of Assessments.

11 .1.1 The assessments imposed by the Association shaH be used to promote the health and vve!fare of the lot Owners and to improve and maintain the Common Area. My Common Expense or any portion of a Common Expense \Nhich benefits fe\rver than all of the Lots shall be assessed against the lots \vhich are benefited.

11.1.2 In determining the anlount of the annual assessments, the Board of Directors shall establish a reserve account to defray the cost of repairing. replacing, and improving the Conlrnon Area and, for providing a contingency fund for unanticipated expenses. If there are insufficient funds 'in the reserve account for these purposes, the Association nlay levy 8 special assessnlent. 11.1.3 If there are funds in the Associationls operating account after payment or provision for Cornrnon Expenses, these funds shall be maintained in a reserve account to defray future expenses.

11.2

Funds and Assessments.

11.2.1 Each Lot O\vner at the time that a deed to the Lot is recorded, vvhether or not it is expressly stated in the deed. covenants and agrees to pay to the Association all assessments and any additional charges levied pursuant to this Article including 11.2.1.1 Annual asses?ment becomes due;' 11.2.1.2 the penalty is due;

assessments

or

charges

the

date

the

Monetary penalties imposed against a Lot Owner from the date

11.2.1.3 Reimbursement assessments maintenance infractions detailed in this Declaration. 11.2.1.4

from

levied

for

remedying

Special assessments; and

11.2.1.5 Late fees imposed agatnst any Lot Owner whose payments are more than fifteen (15) days late. 11.2.2 The obligation to pay assessments runs \vith the land so that each successive record Lot Owner becomes Hable to pay all such assessments. No Lot O\;Vn8r is .exempt from liability for the payment of assessments because it does not use or enjoy the Common Area, has abandoned its Lot, Of, for any other reason, including any ailegation that the Board of Directors is not performing its obligations under the Association's Governing Documents. Each assessment is the separate, distinct, and personal obligation of the Lot Owner at the time 'Nhen the assessment vvas imposed and binds its heirs. devisees, personaf representatives and assigns. No transfer of ovvnership of any Lot '-vill relieve any Lot Ovvner from persona! liability for delinquent assessments. After a Lot O,
11.3 The assessments collected by the Association shall be held by the Association for and on behalf of each Lot Owner and shall be used solely for the operation, care} and maintenance of the Common Areas and for the performance of the Association's duties and obligations set forth in the Association's Governing Documents. Upon the sale or transfer of any Lot. the Lot Owner's interest in the funds if any. shall be transferred to the n8\V Lot Owner. l

1'1.4

!-\nnual ASSeSSfllents

11.4.1 The Declarant shail determine the first annual assessment either (1) prior to the conveyance of the first ten (10) Lots in the Project to Persons other than a successor Declarant or a Developer; or (2) vvithin sixty days, from the date the first Lot is conveyed to a Person other than a successor Declarant or a OeyeJoper, \vhichever occurs first. The amount of this annual assessment shaH be prorated for the remainder of the months left in the calendar year and shaH be due on the first day of the month following such determination. For each subsequent year, the Board of Directors shaH determine the amount of the annual assessments as set forth belovv. 11.4.2 The Board of Directors is vested \vith furl authority and absolute discretion to determine the amount of the annual assessments! based upon the operating budget of the Association including appropriate reseNes. The foIlo\ving . are part of the Common Expenses \vhich shall be included in the operating budget. l

11.4.2.1 Administration expenses, including property management, accounting, and legal expenses;

but

limited

not

to,

11.4.2.2 Utility service for the Common Area; 11.4.2.3 Insurance required by this Declaration;

11.4.2.4 Maintenance, repair, and replacement of the Common Area! including, but not limited to painting, landscaping, repairs, repiacements alterations, additions, services , suppJies, labor, material, equipment and other related items; l

11.4.2.5 Any and all costs incurred by the Board of Directors in fulfilling the Association's obligation under the Association's Governing Documents, including any costs incurred in enforcing any of the provisions of the Governing Documents; 11.4.2.6 Reserve funds; 11.4.2.7 Taxes, assessments, and other governmental charges incurred in connection \vith the Common Area; .

11.4.2.8 Trash coflection services, if the Board of Directors contracts \vith a trash collection service to provide such seNices to the Project; and 11.4.2,9 Any other charge, cost, or . . expense vvhich the Board of Directors, in its sale discretion, (1) incurs in irnproving and maintaining the Property; (2) deternlines relates to the use and enjoyment of the Common Area, or (3) deternlines is in the best interests of the Project and the fV1embers.

11.4.3 Except for the Declarant or any, Developer's obligation to pay reduced assessrnents, each Lot Owner shall pay an equal share of the annual and special

assessments for each Lot ovvned. 11.4.4 The Board of Directors shall provide thirty (30) days written notice to the Lot OiNners of any change in the amount of the annual assessments. Iff at any time during the fiscal year, the Board of Directors determines that there are inadeq uate funds in the operating account the Board of Directors may amend the operating budget and increase the amount of the annual assessment. Any amended budget shall 'be provided to the Lot Ovvners \vith a statement of the amount of Lot O"vner's pro rata share of the annual assessment and the date on 'Nhich the increased annual assessment becomes effective. This statement shaH be sent to the Lot Ovvners at least thirty (30) days prior to the effective date of any increase. t

11.4.5 The Board of Directors may determine that the annual assessments are payable in equal monthly installments or on any other periodic basis. In the event that the Board of Directors determines that the annual assessments are payable in installments, the annual assessment is due and payable in the event that any installment is not timely paid. 11.5 In addition to the annual assessments, the Board of Directors may levy a special assessment for (1) constr.ucting improvements in the Common Area; (2) correcting an inadequacy in the current operating account: (3) defraying, in vvhole or in part, the cost of any construction, reconstruction, repair. or replacement of in1prOVements in the Common Area; or (4) paying for such other matters as the Board may deem appropriate. The Board of Directors shall specify the effective date of any special assessment and may provide that the special assessment is payable in installments. 11.6 The Association shall levy a reimbursement assessment against any Lot OINner if the Lot Ovvner or its family, tenants, or guests, fail to comply with the Association's Governing Documents and that failure has: (1) necessitated an expenditure of money by the Association to bring the Lot Ovvner into compliance; or (2) resulted in the imposition of a fine or penalty. A reimbursen1ent assessment shall not be levied by the Association until notice and an opportunity for a hearing before the Board of Directors of the Association has been given to the Lot Ovvn,er. Reimbursement assessments may be collected in the same manner as the annual assessments. 11.7

Effect of Nonoayment of Assessments-Remedies of the Association.

11.7.1 Any assessment, whether Annual or Special, is delinquent if not paid within fifteen days after its due date. The Board of Directors has the right to charge a !ate fee on all delinquent asseSSDlents. The amount of the late fee shaH be equally applied to all delinquent Lot Owners. -1-1.7.2 The Association Dlay bring an action Cit 13VI against the Lot O\vner personally obligated to pay assessments Of rl1ay foreclose the lien against the Lot.

11.7.3 The Association may. in its discretion. accept a deed in lieu of foreclosure as full satisfaction of any assessments and/or monetary penalties due from a Lot O"vner. 11.8 The Association upon written request shaH provide a Henhoider, Lot O\vner or Person designated by a Lot GVI/ner, vvith a statement setting forth the amount of any unpaid assessments against a Lot Ovvner. This statement shaH be furnished \vithin fifteen (15) days after receipt of the request and is binding on ,the Association, Board of Directors and every Lot Owner. . t

11.9

Enforcement of Assessments.

11.9.1 The Association has a lien against' each Lot to secure payment of all assessments levied against the Lot pursuant to this Declaration. all additional charges and all sums \Nhich. become due and payable in accordance with the Association's Governing Documents. Except for the transfer of a Lot pursuant to a foreclosure proceeding) the sale or transfer of a Lot does not affect such lien. Each Lot Ovvner empovvers the Association to enforce the lien on that Lot Owner by foreclosure or by any other proceeding at law and to collect the amount due from that Lot O\ivner by seIling the Lot to the highest bidder to satisfy such Hen. The Association's lien is not affected by the homestead lavvs of this State.

11.9.2 In addition to all other remedies provided by lavv the Association, Of its authorized representatives may enforce the obligations of any Lot Ovvner to pay Assessments in any manner provided by law or by either or both of the foHo~'/ing procedures: 1

11.9.2.1 The Association may file an action at lavv again any Lot Owner \vho is personally obJigated to pay assessment. The suit shall be maintained in the name of the Association. Any judgment rendered in such action shall include the amount of the delinquent assessnlents, any additional charges incurred by the Association and any other amount vvhich the court may a'vvard, including reasonable attorney fees. A proceeding to obtain a judgnlent against the Lot Owner for unpaid assessments may be maintained \vithout foreclosing or \vaiving the lien against the Lot. 11.9.2.2 Recordation of this Declaration constitutes record notice and perfection of any lien for delinquent assessments. To perfect its lien. the Association is not required to record any other claim of lien for assessments for monetary penalties) but rnay record, at its sole option, a Notice of Lien in the Office of the Pima County Recorder in order to provide notice to third persons of its claim of lien on the Lot. The lien provided for in this Section is in favor of the Association and is for the benefit of all the Lot Ovvners. The Association rnay foreclose its lien in the same manner as the foreclosure of nlortgages. The li2n for assessments constitutes a lien on that Lot \vhich is prior and superior to all other liens! except (1) Hens and

encumbrances recorded before the date this Declaration is recorded; (2) the First Mortgage or deed of trust on the Lot: and (3) liens for real estate taxes and other governmental assessments against the Lot. 11.9.2.3 In addition to any other amounts- duet each LQt Ovvner agrees to pay any additional costs, fees. charges and expenditures (Additional Charges") \vhich the Association may incur in the process of collecting delinquent f.unds due from the Lot Owner. Additional charges include, but are not limited to. the folfowing: 11.9.2.3.1 Reasonable attorneysr fees and costs incurred by the Association for the services of an attorney employed to collect any sums 'vvhich are due to the Association t including any attorney's fees incurred in placing a Hen against a Lot; filing suit against the Lot O\vner; any expenses incurred in collecting delinquent assessments; and any costs incurred in taking any action 'vvhatsoever to collect the amounts due to the Association: 11.9.2.3.2 Any costs allovved by la\v; 11.9.2.3.3 Interest on alf sums due to the Association, including delinquent assessments, costs of collect on, reasonable attorneys' fees and fate charges, at 160/0 or the highest interest rate a!{ovved by applicable la\v. Interest commences thirty (30) days after the amount becomes due; and incur 11.9.2.3.4 Any other costs ,"vhich the Association may in the process of collecting delinquent amounts due, including but not limited to, obtaining credit reports on the delinquent Lot O,-vner; and hiring a private investigator to locate any Lot O~vner \vho has abandoned its Lot or to locate any assets of the Lot Olwvner from \.vhich to collect any delinquent as~essments. 11.9.2.4 All payments received by the Association shaH first be applied to collection costs and attorney's fees, then to late charges, then to delinquent assessments or other sums due to the Association and then to accrued interest. 11.10 For so long as the Declarant or any Deveioper owns any Lot in the Project, regardless of 'ivhether that Lot is improved or vacant, the amount of the assessments due on such Lot(s) shall be 250/0 of the amount of the assessments due from the Lot Owners other than the Declarant or any Developer. 11.11 If any Lot OVlner, excluding the Dedarant or ~ny Developer fvlember) or any licensee, invitees, tenant or lessee violates the Assqciation's Governing Docunlents, the Board after providing the Lot Owner 'with notice o( the violation and an opportunity for a hearing before the Association!s Board of Directors) may levy a fine upon the Lot O\vner and may suspend the violator's right to lise the Common Area. For each day a violation continues after the Board has provided the Lot O\vner vvith written notice of the violation! that violation shall be considered a separate violation and subject to the imposition of the fine for each clay the Lot Ovvner remains in violation. The Board shall

'-'1 ,J !

estabrish a procedure for conducting hearings and imposing these penalties. Any fines imposed against the Lot Owner 'which are not paid vvithin ten (10) days of notice of the amount due may be coHected in the same manner as delinquent assessments.

11.12 Certificate of the Association. Within ten (10) days after the vlfitten request of a Lot O~vner, the Association shaH prepare and deliver to the Lot Ovvner a .certificate executed by the Association's duly authorized officer and acknowledged indicating \vhether assessments are delinquent 'f/ith respect to the< particular Loti \vhich certificate may be used by the Lot O~vner to evidence that the particular Lot is not encumbered by a lien for delinquent assessments in favor of the Association. Any land title insurance company or lending institution to \vhom such a certificate is either addressed or presented shaH be entitled to rely thereon, \vithout need to inquire \vith respect to the facts stated therein or the validity thereat ARTICLE XU GENERAL PROVISIONS J

12.1 The covenants and restrictions of this Declaration shall run \vith and bind the land and shall inure to the benefit of and be enforceable by the }\ssoaation) or the Lot Olovner subject to this Declaration, their respective legal representatives) heirs and ass igns for a term of ten (10) years from the date this Declaration is recorded, after \vhich time said covenants shall be automaticaJiy extended for successive periods of ten {1 O} years. The covenants and restrictions of this Declaration may be amended during the first len (10) year pericd by an instrument signed by Lot Ovvners \vithin the subdivision representing not less than ninety percent (9070) of the square footage of the subdivision] and thereafter by an instrument signed by not less than seventy-five percent (750/0). Any such amendment must be properly recorded to be effective and cannot be made retroactive. l

12.2 All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or othervvise affect any of the provisions of this Declaration or to be used in determining its intent or context. 12.3 The Association and any Lot OV/ner, has the right to enforce, by any proceeding at lavv or in equity, an restrictions, conditions, covenants, reservations, liens and charges \shieh are imposed by the Association's Governing Documents, as amended from time to time. The failure of the Association or any Lot O\vner to enforce any provision of the Association's Governing Documents is not a 'Naiver of that Personls right to do so thereafter. In the event any action is br..ought by the }\ssociation or any Lot O"vner to enforce the provisions of the Association's Governing DOGUnlents. the successful party is entitled to recover reasonable attorney fees and costs incurred.

12.4 The Association's Governing DOGUOlents shall be uniformly applied to all Lot Owners and Residents and shall not discrinlinate anlong such Lot O\vners and Residents,

12.5

This Declaration is governed and enforced pursuant to Arizona La'tv.

12.6 Each Lot Owner is responsible for the actions of that Lot O\vner's agents, Residents, tenants, guests, Invitees or licensees and for compliance by these persons \vith all of the Association's Goverl}ing Documents. If the Lot Ovvner fails to ensure compliance by those persons, the Board of Directors has the right to take action against the Lot Owner, as though the Lot Owner 'were the Person not in

compliance. 12.7 . Annexation of additional properties, dedication of common area, and amendment of this Declaration, requires the approval of HUDNA for so long as there is a Class B Membership in the Association. The Articles also rnay not be amended \vithout the prior consent of HUONA for so long as there is Class 8 Membership in the Association. 12.8 Except for judicia! construction. the Association by its Board, has the exclusive right to construe and interpret the provisions of this DeclaratioI), including without limitation. the use restrictions. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions of this Declaration shall be final. conclusive and binding as to aU Persons and Property benefited or bound by this Declaration. 12. 9 AI! notices, requests, demands or other communication betvveen the Association and any Lot Owner or Residents are deemed given: (a) by hand-delivery; (2) forty-eight (48) hours after being deposited in the United States mail, first class, postage prepaid; (3) by facsimile; or (4) any other method \vhich is deemed to provide actual notice to a party. Notices to the Association shall be sent in care of its professional property manager and notices to any Lot O\;vner or Residents shaIl be addressed to the Lot or at such other address that the Lot Owner or Resident provides, in \vriting to the Association. 12.10 Invalidation of anyone of these covenants or restrictions by judgn1ent or court order shall not effect any other provisions which shall remain in fuIl force and effect. 12.11 Any reference in this Declaration to Declarant includes any successors or assignees of Declaranfs rights and powers hereunder. Any such assignment shall be evidenced by a recorded instruDlent executed by the Declarant and its successor or assignee. 12.12 The provisions of this Declaration shall run v'lith the land and continue and remain in full force and effect at all tin18S and against ali persons. 12.13 Any violation of any federal, state or nlunicipa! la\N. ordinance or regulation pertaining to the use and occupancy of any portion of the Property is a violation of this Declaration and subject to the ScHl12 enforcernent procedures as violations of the

Association's Governing· Documents, 12.14 Additional property and Common heas may be anne>ed to the Property hereby subjected to this Declaration 'Ilith the consent of ~vo-thirds (2/3) of the Lot Ovvners of the s ubdivis ion.

ARTICLEXHI ANNEXATION/DE-ANNEXATION OF PROPERn' 13.1 At any time up to the date vvhich is seven (7) years after the date thfs Declaration is recorded, Declarant has the right to annex and subject to this Dec!aration additional property vlithout obtaining the consent of any Person. To effect annexation, a Declaration of Annexation covering this Additional Property shaH be executed and Recorded by Declarant. The Recordation of a Declaration of Annexation shall subject such additional property to this Declaration and to the jurisdiction of the Association. 13.2 On the.date that the Declaration of Annexation is recorded, the Declarant shall be entitled to its Class 8 votes for each Lot annexed into the Project. The additional property shall become a part of the Property subject, in all respects to each and every provision of this Declaration (including) but not limited tO the provisions regarding Assessments). l

I

13.3 Declarant may, at its sale discretion} 'ovithout the approval. assent. or vote of the Association or other Lot Ovvners from time to time until fifteen (15) years after the Recordation of this Declaration remove or ,"vithdra,"v from the subdivision portions of the annexed property that Declarant in Declarant's sole discretion, deems necessary or desirable in connection 'llith the development of the subdivision; provided, hovvever that: (i) if any portion of the Property to be ~vithdra"vn lies vvithin a Lot that is oiNned by an O\ivner other than Declarant or an Affiliate of Declarant, Declarant must obtain the prior \vritten consent of the Lot Owner to such removal or withdravval; and (ii) FHA, VA FNMA, FHLMC, or any other Agency, as the case may be and to the extent they may be involved with the removal or \vithdravva[ of such propertYl has approved the vvithdravvaL A Declaration of De-Annexation from the Declaration of Covenants, Condition, and Restrictions covering the Property shall be executed and recorded by Declarant. The Recordation of such Declaration of De-Annexation from Declaration of Covenants Conditions and Restrictions shall constitute and effectuate the removal, \vithdravval and De-Annexation of the property, releasing such Property and its Lot Owners from encumbrance by this Declaration and jurisdiction of the Association. If property is removed or vvithdravvn. Declarant shall be entitle.d to vote as determined in accordance \,vith this Declaration. l

l

l

t

l

13,4 Declarant makes no representations or vvarranties vvhatsoever that: (1) the Project \vil! be completed in accordance with the plans for the Project as they exist on the date this Declaration is recordecl; (2) any Property subject to this Declaration \vill be conlmitted to or developed for a particular use or for any use; or (3) the use of any

Property subject to this Declaration

'llil!

not be changed in the future.

13.5 After the expiration of the Class 8 vote, any annexation of additional property requires the approval of the Lot Ovvners of at least hvo-thirds (2/3) of the Lots. IN WITNESS Declarant has executed this Declaration

DATED this

the day and year \tvritten above.

\ l-tL'\ day of December 1998.

DECLPRANT: Chicago Title Insurance CompanYJ an ;\rizona corporation, not in its corporate c"apadtybut actirOleryaS Tr~Slee underTrusts 12,131 and 12,134.

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STATE OF ARIZONA )S5: COUNlYOF PIrv1A

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)

Thisinstrumentwas acknowledged before me this 1998, by ~ ~ ~ v. s::. ' v~\-

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K~aYOf~"\~ V

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Title Insurance Company, an Arizon Corporation not in solely as Trus tee under Trusts 12,131 and Trust 121134. l

.-----7-

r'i1ycommission expires: 5 - 5- deOD

35

.

Chicago corporatecapadty but ..

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