"Association" shall mean and refer to Foxchase Residential Association, Inc., an Alabama Non-Profit Corporation, its successors and assigns.

"Association properties" shall mean and refer to all property and improvements thereon, if any, now or hereafter owned, leased, or in the possession of the Association including, but not limited to, that property which is designated Association Properties to be conveyed by Declarant to Association by separate legal instrument. All Association Properties are to be devoted to and intended for the common use and enjoyment of the owners, their families, guests of the owners, persons occupying residential accommodations of owners on a guest or tenant basis, and visiting members of the general public (to the extent permitted by the Association's Board of Directors) subject to the published Rules and Regulations adopted by the Association's Board of Directors; provided, however, that any property leased by the Association shall lose its character as Association Properties upon the expiration of such lease.

"Declarant" shall mean and refer to Plainsmen Developments, Inc., the entity executing this Declaration, or (2) any successor in title to said entity to all or some portion of the property then subject to this Declaration; provided, however, that such successor in title shall acquire such property for purposes of development or sale; and, provided further, that in the instrument of conveyance to any such successor-in-title, such successor-in-title is expressly designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance.

"Parcel" shall mean and refer to any improved or unimproved tract of land located within the Properties which is used or intended for use as a site for a single family dwelling and which is shown on any recorded plat of any part of the Properties. It does not include any site or parcel designated by the Declarant in Exhibit "B" and also any parcel or parcels which shall be added for amendment for a use other than residential.

"Member" shall mean and refer to all those persons or other entities who are members of the Association as provided for in Article III, Section One hereof.

"Member's Property". Member's property shall mean that portion of Foxchase Residential Association property which shall have been submitted to this Declaration for the purpose of creating a lien for assessments in favor of Foxchase Residential Association, Inc.

"Mortgage" shall mean and refer to any security

instrument by means of which title to property is conveyed or encumbered to secure a debt including, but not limited to, mortgages, security deeds, loan deeds and deeds to secure debt.

"Mortgagee" shall mean and refer to the holder of record, whether it be one or more persons, of a mortgage.

"Owner" shall mean and refer to the record owner of member's property.

"Person" shall mean and refer to an individual, corporation, partnership, association, trust or any other legal entity.

"Properties" shall mean and refer to the property described in Exhibit "A" attached hereto and, by reference, made a part hereof and such additions thereto as may be made pursuant to Article II hereof. The term property shall mean and include all presently existing permanent improvements built, installed or erected thereon; and all new or later acquired permanent improvements.

"Deed" shall mean and refer to any deed, assignment, lease, or other instrument conveying fee simple title or a leasehold interest in any part of the Foxchase Residential property subjected to these restrictions.

ARTICLE II

PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS THERETO

Section 1. Property hereby subjected to this declaration.

The property which is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to these Covenants consists of that which is described in Exhibit "A" attached hereto and by reference made a part hereof.

Section 2. Additions to the properties. Additional property may become subject to this Declaration in the following manner:

1. Additions by the declarant as a matter of right. The Declarant, its successors or assigns, shall have the right, without consent of the Association, at any time or times on or before December 31, 2015, to bring within the scheme of this Declaration and make a part of the Properties all or any portion of the property to be later so designated and, which shall be made a part hereof not theretofore made a part of the Properties; provided that, should the Declarant, its successors or assigns, elect not to subject such future designated property or any part thereof to the scheme of this Declaration, the Declarant, it's successors or assigns, shall not be obligated to impose covenants thereon the same as, or similar to or different from the Covenants contained herein. Notwithstanding anything contained herein which might be otherwise interpreted to produce a contrary result, this Declaration does not create any charge, lien or other encumbrance or restriction on or affect in any way the title to any property

   other than that which is described in Exhibit "A" attached hereto and, by reference, made a part hereof. The additions authorized under this sub-section shall be made by filing of record one or more Supplementary Declarations with respect to the additional properties, executed by the Declarant, its successors or assigns, which shall extend the Exhibit "A" properties and thereby subject such additions to assessment for their just share of the Association expenses. Said Supplementary Declarations may contain such complementary additions and modifications of the Covenants contained herein as may be necessary to reflect a similar character of the additional properties, which shall be restricted to single family residences, and further as are not inconsistent with the scheme of this Declaration; provided, however, that improvements constructed or to be constructed on such additional properties shall be of comparable or higher quality construction and aesthetically compatible in terms of architectural style with the improvements constructed or to be constructed on the property described in Exhibit "A" attached hereto. In no event however shall any such Supplementary Declaration revoke, modify or add to the Covenants established by this Declaration regarding the property described in said Exhibit "A".

2. Additions pursuant to association approval. Upon approval in writing of the Association pursuant to a vote of its members, and upon compliance with such terms and conditions as may be imposed by the Association pursuant to such vote, the owner of any property, other than that which may be subjected to the terms and scheme of this Declaration by the Declarant, its successors or assigns, as a matter of right, who desire to add it to the terms and scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration as described in Sub-section A above except that each such Supplementary Declaration shall be executed jointly by the Association and owner of the property thus being added in the Association. Notwithstanding the foregoing, improvements constructed or to be constructed on such additional properties shall be of comparable or higher quality construction and aesthetically compatible in terms of architectural style with the improvements constructed or to be constructed on the property described in Exhibit "A" attached hereto. Approval by the Association shall require assent of two-thirds (2/3) of the votes of each class of members of the Association voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting. The quorum required for such meeting shall be the presence thereof at least of members and/or proxies entitled to cast sixty-percent (60%) of the votes of each class of members of the Association.

when the total votes outstanding in the Class "B" membership equal the total votes outstanding in the Class "A" membership; (b) abolishment by the Declarant of its Class "A" membership evidenced in written notice thereof delivered to the association; or (c) December 31, 2015.

When any property entitling the owner to membership as a Class "B" or "C" member of the Association is owned of record by other than a single natural person, the person entitled to cast the vote for such property shall be designated by a certificate signed by the record owner or owners of such property and filed with the secretary of the Association. Each such certificate shall be valid until revoked, superseded by a subsequent certificate or a change occurs in the ownership of such property.

The votes of the member shall be cast under such rules and procedures as may be prescribed in this Declaration or in the Bylaws of the Association, as amended from time to time, or by law.

ARTICLE IV

PROPERTY RIGHTS IN THE ASSOCIATION PROPERTIES

Section 1. Easements of enjoyment. Every owner, by reason of such ownership, shall have a right and easement of enjoyment in and to all Association properties, subject to the privileges and restrictions contained herein, and such easement shall be appurtenant to and shall pass with every Parcel upon transfer and shall be a covenant that shall run with the land. All Residents who are not Members shall have a non-transferable privilege to use

and enjoy Association properties as limited herein for so long as they are Residents of a member's property. All such rights, easements and privileges, however, shall be subject to the right of Foxchase Residential Association, Inc. to adopt and promulgate reasonable rules and regulations pertaining to the use of Association Properties which shall enhance the preservation of such properties, the safety and convenience of the users thereof, or which, in the discretion of the Board of Directors of the Foxchase Residential Association, Inc., shall serve to promote the best interest of the Owners and Residents.

Declarant shall have the right to maintain a sales office on any of the Association Property for the purpose of the sale of lots in any subdivision property subject to this declaration or any lots in any property added pursuant to Article II, Section 2(a).

Section 2. Association properties.

1. Declarant may convey to Foxchase Residential Association, Inc., subsequent to the recordation of this Declaration, certain tracts or parcels of land within the Foxchase Residential property for parks, recreation facilities, common areas, and other related purposes. If, as and when additional property is subjected to the terms or scheme of this Declaration pursuant to Article II hereof, the owner thereof shall, prior to or simultaneously with the first conveyance of a parcel contained therein to an owner for purposes of residential occupancy, convey all Association Properties comprising a part of such additional property to the Association free and clear of all liens and encumbrances together with all improvements thereon which must then be fully completed.

2. Declarant and/or Foxchase Residential Association, Inc. shall have the right to alter the shoreline of the lake as necessary to maintain the lake and water level in the best interest of a majority of members or owners, including, but not limited to, removing or adding earth from or to the shoreline of parcels, or the dam, or removing or adding earth to the lake bottom under parcels, or the lake dam, and all deeds granted from within the property in Exhibit "A", shall be sold, transferred, conveyed or given shall be subject to this restriction, limitation or easement and such be a covenant that shall expressly run with the land.

    

   Section 3. Extent of easements. The rights and easements of enjoyment in and to the Association Properties created hereby shall be subject to the following:

   1. The right of the Declarant to the exclusive use of portions of the Association Properties reasonably required, convenient or incidental to, the improvement and sales of parcels including, but not limited to sales and business offices, storage areas, construction yards and signs. Such right of the Declarant may be delegated by it to developers and builders having an interest in the Properties and shall be exercised so as to avoid any unnecessary inconvenience to or infringement upon the rights

      of other interested parties and shall continue until such time as such persons no longer own any parcel primarily for the purpose of sale or December 31, 2015, whichever shall first occur, without affecting any member's obligation to pay assessments coming due during such period of time or the permanent charge and lien on any members Parcel in favor of the Association;

       

   2. The right of the Association to borrow money for the purpose of improving the Association Properties and, with the prior written approval of members entitled to cast at least two-thirds (2/3) of the votes of each class of members.

   3. The right of the Association to take such steps as are reasonably necessary to protect the Association Properties against foreclosure;

   4. The right of the Association to suspend the voting rights and right to use any Association Properties of any member for any period during which any such member's assessment remains unpaid.

   5. The right of the Association to charge reasonable admission and other fees for the use of any Association Recreational Property;

   6. The right of the Association to abandon, partition, subdivide, sell, dedicate, or transfer all or any part of the Association Properties for such purposes as stated herein, subject to however, such conditions as may be agreed to by the members entitled to vote thereon; provided however, that no such abandonment, partition, subdivision, sale, dedication or transfer, as to such purposes or as to the conditions thereof shall be effective unless first approved in writing by members entitled to at least two-thirds (2/3) of the votes of each class of members, holders of at least three-fourths (3/4) of all first mortgages secured by Parcels and, in the case of a dedication.

   7. The right of the Association to grant such easements and rights of way to such utility companies or public agencies or authorities as it shall deem necessary or desirable for the proper servicing and maintenance of the Association Properties or other Property.

    

   ARTICLE V ASSESSMENTS

   Section 1. Creation of the liens and personal obligation of assessments. The Declarant hereby covenants with the Association and with each and every member or property owner and each with the other and each shall by acceptance of a deed, whether or not it shall be so expressed in such deed or not, be deemed to covenant and agree to all the terms and provisions of this Declaration and to pay to the Association: (a) annual assessments or charges, and

special assessments or charges for the purposes set forth in Section 4 of this Article V, such assessments to be fixed, established and collected from time to time as hereinafter

provided. The annual and special assessments together with penalty for late payment, if any, and costs of collection thereof as hereinafter provided, shall be a charge and continuing lien on the property and improvements thereon against which each such assessment is made. Each such assessment, together with penalty for late payment, if any, and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment first became due and payable but such charges and liens shall run with the land or property against such property and be a continuing lien against such land or property. In the case of

co-ownership of such property, all of such co-owners shall be jointly and severally liable for the entire amount of the assessment. Should the Association employ an attorney to collect any assessment, Association shall be entitled to collect in addition thereto all costs of collection including attorney's fees.

Section 2. Purpose of assessments. The annual assessments levied by the Association shall be used exclusively for the acquisition, improvement, maintenance, and operation of the Association Properties; payment for services which the Association is authorized to provide, including, but not limited to, taxes and insurance on the Association Properties, construction of improvements on the Association Properties, and repair, replacement and additions to the Association Properties; payment of the cost of labor, equipment, materials, management and supervision necessary to carry out its authorized functions; payment of principal, interest and any other charges connected with loans made to or assumed by the Association for the purpose of enabling the Association to perform its authorized functions; establishment and maintenance of an adequate reserve fund for maintenance, repairs and replacement of those portions of the Association Properties that must be replaced on a periodic basis; and other charges as may be required by this Declaration or that the Association or its Board of Directors shall determine to be necessary to meet the primary purposes of the Association.

Special Assessments shall be used for the purposes set forth in Section 4 of this Article V. Notwithstanding the levy of annual or special assessments as aforesaid, the Association shall be entitled to charge a reasonable user's fee for any future recreational facility that may become part of the Association Properties. First mortgagees of Parcels and the first mortgagee, if any, of the Association Properties may, jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against any Association Properties and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Association properties and first mortgagees making such payments shall be owed immediate reimbursements therefor from the Association. Each owner or member shall be responsible for his own return of taxes on his Parcel and for the payment of all taxes and governmental assessments, if any, assessed thereon by the

taxing authorities.

Section 3. Annual assessments. The Foxchase Residential Association, Inc. Board of Directors shall, after consideration of current costs and future needs of the Association, fix the annual assessment for any particular year. Should the Board of Directors fail to fix the annual assessment for any particular year, the prior year's assessment shall be continued automatically until such time as the Board shall act.

Section 4. Special assessments for capital improvements.

In addition to the annual assessment authorized by Section 3 hereof, the Association's Board of Directors may levy special assessments for the purpose of defraying, in whole or in part, the cost of: Construction or reconstruction on the Association Properties; unexpected maintenance, repair or replacement of the Association properties and capital improvements thereon, if any, including the necessary fixtures and personal property related thereto, additions to the Association Properties; necessary facilities and equipment to offer the services authorized herein; and repayment of any loan made to the Association to enable it to perform the duties and functions authorized herein; provided, however, that any such assessment shall have the assent of

two-thirds (2/3) of the votes cast by each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all member not less than thirty (30) days, nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting.

Such special assessments in any one (1) year may not exceed a sum equal to the amount of the annual assessment for such year except for emergency and other repairs required as a result of storm, fire, natural disaster or other casualty, loss and may not be used to fund the reserve for maintenance, repairs or replacement of those portions of the Association Properties that must be replaced on a periodic basis.

Section 5. Quorum for any action authorized under Section 3 and 4. At the first meeting called as provided for in Section 3 and 4 of this Article V, the presence at the meeting of member or of proxies entitled to cast sixty percent (60%) of the votes of each class of members shall constitute a quorum. If the required quorum is not forthcoming at the first meeting called, not more than two (2) subsequent meetings may be called, subject to the notice requirements set forth in said Sections 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 6. Date of commencement of annual assessments; due dates. The annual assessments provided for in this Article V shall be established on a calendar year basis and shall commence as to all Parcels on the first day of the month following

conveyance to the Association of the Association properties subjected to this Declaration simultaneously with such Parcels. Each such annual assessment shall be adjusted according to the number of months remaining in the calendar year. Each such adjusted assessment shall be paid by the owner to the Association within ten (10) days after the date on which said assessment shall have commenced unless otherwise provided by the Association's Board of Directors. Thereafter, the Board of Directors shall fix the amount of the annual assessment and shall send written notice of the same to every owner subject thereto at least thirty (30) days in advance of each annual assessment period. Unless otherwise provided by the Board of Directors, the annual assessment for each Parcel shall become due and payable in full within ten (10) days after the first day of January of each year and shall be paid to the Association when due without further notice from the Association. The due date of any special assessment shall be fixed in the resolution authorizing such special assessments. An assessment not paid by February 11 of said year shall be considered one month late; and an assessment not paid by March 11 of said year shall be considered two months late; and an assessment not paid by April 11 of said year shall be considered three months late; and an assessment not paid by May 11 of said year shall be considered four months late.

The Association shall, within five (5) days after written request thereof, furnish to any member liable for an assessment, a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. A reasonable charge, as determined by the Association's Board of Directors, may be made for the issuance of such certificates. Any such certificate shall be conclusive evidence, against all but the member, of payment of any assessment therein stated to have been paid.

Section 7. Effect of non-payment of assessments: The personal obligation of the owner; the lien; remedies of the Association.

1. If an assessment is not paid on or before the date when due,(being the dates specified in Section 6 hereof, unless otherwise provided by the Board of Directors), then such assessment shall become delinquent and shall, together with the penalty for late payment and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Parcel in the hands of the then owner, his heirs, devisee, personal representatives, successors and assigns. In addition to the lien rights, the personal obligation of the member to pay such assessment shall remain his personal obligation and shall not pass to his successors-in-title unless expressly assumed by them. If such

   successors-in-title assume such member's personal obligation such member shall nevertheless remain as fully obligated as before to pay to the Association any

   and all amount which he was obligated to pay immediately preceding the transfer and such member and such successors-in-title assuming such liability shall be jointly and severally liable with respect thereto, notwithstanding any agreement between such member and such successors-in-title creating the relation of principal and surety as between themselves.

2. If an assessment is one month late, there shall be assessed a penalty of $25.00 plus the amount of the assessment; and if an assessment is two months late, there shall be assessed a penalty of $50.00 plus the amount of the assessment; and if an assessment is three months late, there shall be assessed a penalty of $75.00 plus the amount of the assessment; and if an assessment is four months late, there shall be assessed a penalty of $100.00 plus the amount of the assessment, and the Association may bring legal action against the member personally obligated to pay the same or foreclose its lien against such member’s Parcel, in which event costs and attorney’s fees shall be added to the amount of such assessments as may then be due. Each member, by his acceptance of a deed to his Parcel, vests in the Association the rights and power to bring all actions against him personally for the collection of such charges as a debt and to foreclose the aforesaid lien in any appropriate proceeding at law or in equity. The lien provided for in this Article V shall be in favor of the Association, and shall be for the benefit of all other members. The Association, acting on behalf of the member, shall have the power to bid on the Parcel at any foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. No member may waive or otherwise escape liability for the assessments provided for herein by non-use of the Association Properties and future facilities or by abandonment of his Parcel.

    

3. If an assessment is not paid on or before the date when due, the Association may also suspend the voting rights and the right to use any Association facilities or properties of the delinquent member. Any such suspension shall not affect such member's obligation to pay assessments coming due during the period of such suspension and shall not affect the permanent charge and lien on such member's Parcel in favor of the Association.

The lien of the assessments and charges provided for herein (annual, special or otherwise) is hereby made subordinate to the lien of any first mortgage placed on the Parcels subject to assessment if, but only if, all assessments and charges with respect to such Parcel authorized herein having a due date on or prior to date such mortgage is filed for record having been paid.

The lien hereby subordinated is only such lien as relates to assessments and charges authorized hereunder having a due date subsequent to the date such mortgage is filed for record and prior to the satisfaction, cancellation, or foreclosure of such mortgage or the sale or transfer of mortgages Parcel pursuant to sale under the power contained in such mortgage.

Such subordinate is merely a subordination and shall not relieve the owner of the mortgaged Parcel of his personal obligation to pay all assessments and charges coming due during the time he is owner of such Parcel; shall not relieve such Parcel from the lien provided for herein (except to the extent of a subordinated lien is extinguished as a result of subordination as against a mortgagee or such mortgagee's assignee or transferee by foreclosure or by sale or transfer in any proceeding in lieu of foreclosure of by sale under power); and no sale or transfer of such Parcel to the mortgagee or to any other person pursuant to a decree of foreclosure, or pursuant to a sale under power, shall relieve any existing or previous owner of such Parcel of any personal obligation, or relieve such Parcel or the then owner of such Parcel of liability for any assessments or charges authorized hereunder coming due after such sale or transfer.

Immediately after any damage or destruction by fire or other casualty to all or any part of the property covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and settlement of all claims arising under such insurance, obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property and, if such damage or destruction is substantial, provide written notice of the same to each mortgagee having an interest therein whose name and address have theretofore been furnished to the Association together with a written request for such notice. repair or reconstruction, as used in this Article, means repairing or restoring the property to substantially the same condition in which it existed prior to the fire or the casualty. Subject to subsection (C) hereof, all such damage or destruction shall be repaired or reconstructed as soon as practicable after such casualty shall occur. The Association's Board of Directors may advertise for sealed bids from and may negotiate with any licensed contractors for such repair or reconstruction and may enter into such contract or contracts for such repair or reconstruction as it may deem necessary or advisable. The contracting party or parties may be required to provide a full performance and payment bond for such repair or reconstruction.

In the event that the insurance proceeds paid to the Association are not sufficient to defray the cost of such repair or reconstruction, the Association's Board of Directors shall have the authority to and shall, subject to subsection (C) hereof, levy

;a special assessment against all owners in sufficient amounts to provide funds to pay such excess cost of repair or reconstruction. Assessments for such purpose may be made, without a vote of the members, at any time during or following the completion of any repair or reconstruction.

In the event of damage or destruction by fire or other casualty to all or any part of the Association Properties and/or future facilities, such damage or destruction shall be repaired or reconstructed unless within sixty (60) days after such casualty an instrument requesting that the damage or destruction not be repaired or reconstructed is signed by members of the Association entitled to cast at lease eighty percent (80%) of the votes of each class of members and filed with the Association's Board of Directors, in which event the damaged or destroyed area or areas shall be cleaned up and maintained in a neat and attractive condition. If, for any reason, the amount of the insurance proceeds to be paid as a result of such damage or destruction or reliable and detailed estimates of the cost of repair or reconstruction is not made available to the Association within said period of sixty (60) days after the casualty, then such period shall be extended until such information shall be made available to the Association; provided, however, that said period of time shall in no event exceed one hundred twenty (120) days after the casualty. No mortgagee shall have any right to participate in the determination as to whether the damage or destruction shall be repaired or reconstructed except that insurance proceeds paid as a result of damage or destruction to all or any part of the Association Properties and facilities shall not be used for other than repair or reconstruction unless otherwise first approved in writing by the holder of at least three-fourths (3/4) of all first mortgages secured by Parcels.

ARTICLE VIII ARCHITECTURAL AND LANDSCAPE CONTROL

Section 1. Design review board. "The Design Review Board (DRB)" shall be composed of three (3) individuals so designated from time to time (a) by the Declarant until control of the DRB exists with the Foxchase Residential Association and, (b) by the Foxchase Residential Association after delegation of such control; the Foxchase Residential Association being entitled at all times after delegation of such control to appoint the DRB by a majority of the Association. The affirmative vote of a majority of

two-thirds (2/3) of the membership of the DRB shall be required to approve any plans and specifications submitted under this Article VIII, and this approval once given shall be final and binding.

However, in the event of any disapproval of plans and/or specifications submitted by any applicant for such approval, permit or authorization may, within ten (10) days after receipt of notice of such adverse decision file a written request for the DRB to have the matter in question reviewed by the full Association.

If the DRB agrees in a two-thirds vote to allow review by the Association Thereafter, the decision of the majority of the members of the full Association with respect to such matters shall be final and binding.

Section 2. Approval required. No buildings or accessory structures such as decks, patios, courtyards, swimming pools, driveways, mailboxes, exterior lights or garages, or similar structures shall be commenced, erected, placed, moved onto or permitted to remain on any Parcel, nor shall any existing structure upon any Parcel be altered in any way which materially changes the exterior appearance thereof, nor shall any new use be commenced on any Parcel, unless a copy of completed final plans and specifications and related data (including a description of any proposed new use) thereof shall have been submitted to and approved by the DRB. Such plans and specification shall be in such form and shall contain such information, as may be required by the DRB, but in any event shall include:

1. Site plans submitted to DRB shall have at a minimum a scale of 1" = 20' and shall contain at least the following: a clearing and grading scheme with proposed and existing land contours, grades and flow of the site drainage system; location and size of trees, six inches in diameter or larger, proposed to be removed from the site; and the dimensions and locations of all buildings, access drives, parking, utilities (septic system, water, power, telephone, cable, etc.), street pavement location, and all other proposed improvements to the site.

2. Landscape and irrigation plans submitted to the DRB shall have a minimum scale of 1" = 20' showing: The size, type and location of existing and proposed tree locations (six inch at caliper (48 inch from ground level) or larger); the location of all planting areas including existing plant materials incorporated into the plan, the species and size of all stock at the time of planting (six inches at caliper (48 inches from ground level) or larger); and an irrigation plan including the source of water supply. Any water supply other than the standard utility must be approved and will require a conditional agreement.

3. Plans at a minimum scale of 1/4" = 1.0" for all floors, cross sections and elevations including projections and wing walls (floor plans should also show total square feet of air conditioned living area).

4. Plans, elevations, types of materials and other information associated with any other site improvement or ornamentation, including exterior lighting, walls, fencing and screening, patios, decks, pools, porches, and signage.

5. Samples and color chips of all exterior finishes and materials to be incorporated into the plan if requested by the DRB.

6. Such other information, data and drawings as may be reasonably requested by the DRB.

7. The review fee is $10.00 until reset by the Declarant or Association.

The composition of the material must be thoroughly tested and accepted by the industry for such construction.

Pool cages and screens must be of a color and material approved by the DRB.

Fencing of tennis courts shall be chain link (darkly colored) and limited to ten (10) feet in height.

Pool screening and tennis court fencing shall not be visible from the street in front of the dwelling unit if possible.

Failure of such plans and specifications to comply with any of the restrictions;

Failure to include information in such plans and specifications as may have been reasonably requested;

Objection to the exterior design, appearance or materials of any proposed structure;

Incompatibility of any proposed structure or use with existing structures or uses upon other Parcels in the vicinity;

Objections to the location of any proposed structure upon any Parcel or with reference to other Parcels within the vicinity;

Objections to the site plan, clearing plan, drainage plan or landscaping of any Parcel;

Objection to the color scheme, proportions, style of architecture, height, bulk, or appropriateness of any proposed structure;

Objection to parking areas proposed for any Parcel on the grounds of (i) incompatibility to proposed uses and structures on such Parcel, or (ii) the insufficiency of the size of parking areas in relation to the proposed use of the Parcel;

Failure of plans to take into consideration the particular topography, vegetative characteristics, and natural environment of the Parcel;

Any other matter which, in the judgment of the DRB would render the proposed structure, structures or uses inharmonious with the general plan of improvement of the property or with structures or uses located upon other Parcels in the vicinity;

Failure of property owner to use a licensed builder

An easement of ten (10) feet in width along and to the side line of each parcel;

An easement ten (10) feet in width along the rear line

of each parcel in this development; and

All easements for utilities and drainage as shown upon the plat of this development.

Hidden Service Court. A service court, or drying yard area hidden from view from the lake and from any adjacent street and from adjoining lot owners must be included in the architectural or landscaping plans if desired, and constructed so as to provide space for garbage and trash cans, wood piles, clothes drying areas and other similar uses.

Section 23. Boat docks. Boat docks, Piers, etc. are to be approved by the DRB and will only be allowed in locations that do not restrict lake traffic as determined by the DRB. These structures must follow a uniform design and appearance as provided by the DRB. Docks/Piers will not extend beyond 20' of the shoreline and be located in a recessed area of the lot's shoreline when possible.

Section 24. Boat houses and ramps. Boat houses or enclosures on the water will be discouraged by the DRB. Boat houses will only be approved in locations that do not restrict lake traffic as determined by the DRB. These structures must follow a uniform design and appearance as provided by the DRB. Boat houses will not extend beyond 20' of the shoreline and will not protrude above 8' over the normal water level. Boat houses will be located in a recessed area of the lot's shoreline when possible and must be well maintained regarding appearance. Boat ramps for launching will be provided by the Declarant and cannot be installed on individual parcels.

Section 25. Lake responsibilities. A. General Regulation.

Plainsmen Developments, Inc. reserves the right to temporarily drain the lake at any time (pending 30 days written notice to lot owners) for no more than ninety (90) days if avoidable, for

repairs and/or modifications to the dam or underwater properties. The lake level may also be lowered once per winter as determined by the Declarant, to allow property owners an opportunity to clean up or repair their respective beach areas.

1. Lake Committee. Maintenance, fish stocking, regulations, or modifications to the lake or shoreline will be the responsibility of the lake front property owners ("class B" members). A group referred to as the "Lake Committee" will be established to govern the rules, regulations, actions, and financial needs regarding the lake and its use. The committee will consist of all participating water front owners and use the association officers or separately elected officers as the governing body. A minimum 50 percent of the lake front property owners or representatives will be required to elect officers.

   All lake front property owners will be required to meet the financial responsibilities produced from the Lake Committee regarding fees for maintenance and upkeep. Each owner constitutes

   1 equal unit of responsibility in the total sum of lake front property owners. Other fees such as fish stocking and the corresponding privilege will be governed by the Lake Committee rules.

   Initial rules governing the use of Emerald Lake are as follows. Any modification or additions to the set rules will be the responsibility of the Lake Committee. Any changes to the governing rules of the Lake Committee will require a 70 percent vote with all owners given prior due notice of the action and the meeting time and place at least two weeks prior to the meeting.

   Any legal liabilities of actions resulting from breaking the rules set by the Lake Committee will be the responsibility of the Committee to enforce and assess damages resulting there from against the offending party.

   Furthermore it is the responsibility of each property owner to remain informed and inform family members or guests of such rules.

2. Lake Use Rules.

Fisherperson must yield to water skiers between 10:00

a.m. and 1 hour before official sunset. Water skiing can only be done behind an AWSA approved competition ski boat.

Boat drivers must be approved by the recreational committee requiring competence in piloting a competition boat and full understanding of the safety requirements involved. A driver may lose privileges at any time if an unsafe act is committed.

Skiers must yield to fishing boats the first and last hour of the allowable skiing period.

Only 1 ski boat pulling skiers will be permitted at a time unless 2 boats agree to dual operation and stay on opposite sloughs. Other boats may wait at south end of lake with skier ready in which case boat in operation is limited to six passes down the lake.

Swimming/Float/Snorkeling - allowed between 8:00 a.m.

and 10:00 p.m. yielding to water skiing and fishing, when beyond

20 feet from shoreline.

Non-Powered Boats- Canoes, sailboats and sailboards must yield to fishing and water skiing activities beyond 50 feet of shoreline. No outboard motor craft shall be allowed on lake.

Diving- Underwater activities such as snorkeling or scuba diving must be supervised by an adult (or accompanied by a certified diver in the case of scuba) with a divers flag marking the location of activity.

All other uses - Any other use of the lake must be reviewed and approved by the recreational committee.