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HomeMy WebLinkAbout934850 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACI(SADDLE SUBDIVISION 000596 THIS DECLARATION is made on the date hereinafter set fOlih by Salvatore A. Scaffide and Ramona A. Scaffide, Tony V. Scaffide and Shay Scaffide, and Bert and Cindi Montgomery, said persons hereafter jointly referred to as "Dec1arants". RECEIVED 11/14/2007 at 12:45 PM RECEIVING # 934850 BOOK: 678 PAGE: 596 WITNESSETH: JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY WHEREAS, Dec1arants are the owners of certain property in the County of Lincoln, State of Wyoming, that is described in the Warranty Deeds that were recorded in the land records of Lincoln County, Wyoming: on July 7, 2006 in Book 625 PR at Page 704 as Receiving No. 920008 (former Lots 1,2, and 3); on October 26, 2006 in Book 638 PR at Pages 185 and 186 as Receiving No. 923740 (Lot 4); on October 26, 2006 in Book 638 PR at Pages 187 and 188 as Receiving No. 923741 (Lot 5); on August 21, 2006 in Book 631 PR at Page 82 as Receiving No. 921547 (Lot 6), on October 26, 2006 in Book 638 PR at Pages 189 and 190 as Receiving No. 923742 (Lot 7); and on October 26, 2006 in Book 638 PR at Pages 191 and 192 as Receiving No. 923743 (Lot 8); said propeliy being the propeliy known as Packsaddle Subdivision, said subdivision being more paliicularly described as follows: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 1 OF 25 000597 Packsaddle Subdivision 3rd Filing within the N1I2NE1I4. Section 9, Township 36 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, as shown on the official plat thereof filed in the land records of Lincoln County, Wyoming on August 9, 2006 as Receiving No. 921105 and as Plat No. 336-c. said propeliy hereafter refelTed to as the "Property" or the "Subdivision"; and WHEREAS, Declarants are all of the successors in interest to the previous owners of the Propeliy who filed in the land records of Lincoln County, Wyoming, the Declaration of Covenants, Conditions, and Restrictions (on November 18, 2002, in Book 505 PR at Pages 94 through 100 as Instrument No. 885686), the Corrective Declaration of Covenants, Conditions, and Restrictions for Packsaddle Subdivision (on January 28, 2003, in Book 510 PR at Pages 832 through 839 as Instrument No. 887231), and Amendment to Declaration of Covenants, Conditions, and Restrictions for Packsaddle Subdivision, as Corrected (on August 31, 2005, in Book 596 PR at Pages 197 through 200 as Receiving No. 911407); and WHEREAS, Declarants desire to vacate in their entirety all of the above- referenced recorded Declaration documents and to declare the provisions contained therein null and void and of no fmiher effect as to the Property; and WHEREAS, Declarants desire to establish on the Property new covenants, conditions, and restrictions as stated herein. NOW, THEREFORE, Declarants, for themselves and their heirs and/or successors and assigns, hereby declare that the Property shall hereafter be held, sold, conveyed, used, improved and occupied subject to the fol1owing easements, restrictions, covenants, and conditions, hereafter referenced as "Covenants", which are set forth for the purpose of protecting the value and desirability of the Packsaddle Subdivision. 1. REVOCATION OF PREVIOUS DECLARATIONS, The previous declarations that have been filed in the land records of Lincoln County, Wyoming by Declarants, specifically the Declaration of Covenants, Conditions, and Restrictions (on November 18, 2002, in Book 505 PR at Pages 94 through 100 as Instrument No. 885686), the Corrective Declaration of Covenants, Conditions, and Restrictions for Packsaddle Subdivision (on January 28,2003, in Book 510 PR at Pages 832 through 839 as Instrument No. 887231), and the Amendment to Declaration of Covenants, Conditions, and Restrictions for Packsaddle Subdivision, as COlTected (on August 31, 2005, in Book DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 2 OF 25 596 PR at Pages 197 through 200 as Receiving No. 911407), are hereby declared by Declarants to be vacated in their entirety, and the provisions contained therein are hereby declared by Declarants to be null and void and of no further effect as to the Property. 000598 2. DECLARATIONS SHALL RUN WITH THE PROPERTY, These Covenants shall run with the Property and shall be binding on all pmiies having any right, title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and shall insure to the benefit of each owner thereof. 3. ESTABLISHMENT OF COVENANTS. 3,1 LOT or LOTS. Each and aU of the residential lots described on the Plat shall be expressly subject to these Covenants, and shall be referred to herein as a "Lot" or "Lots". No Lot shall be fUliher subdivided. 3.2 OWNERS. The record owner of each Lot, whether one or more individuals or entities, shall be refelTed to herein as the "Owner". 3,3 INTENT & PURPOSES OF COVENANTS, Declarants desire to develop the Subdivision as a planned residential development subject to these Covenants for the mutual benefit and general protection of each Lot and Owner. The intent and purpose of these Covenants is to: (a) create and keep the Subdivision as a desirable, attractive, beneficial, valuable, and high quality community, (b) protect the Owners and the Subdivision against reasonably avoidable hazards and threats to health and safety, and (c) prevent unnecessary interference with or alteration of the natural beauty of the Subdivision and the sunounding area. 3.4 HOMEOWNERS ASSOCIATION. Declarants desire to accomplish such purposes through a Home Owners Association ("HOA") which shall administer, control, maintain, and enforce the Covenants as provided herein. Accordingly, the Declarants shall cause to be incOlvorated under the laws of the State of Wyoming as a corporation, Packsaddle Subdivision HOA, Inc, and shall execute Articles of IncOlvoration and By-Laws for the HOA. The HOA shall have all the powers provided in this Declaration, and the HOA's Articles of IncOlvoration and By-Laws, as they may be amended from time to time. 4. HOME OWNERS ASSOCIATION AND BOARD OF DIRECTORS, 4.1 HOA MEMBERSHIP. Every person or entity who is a record owner of a fee interest in any Lot which is subject to these Covenants and to assessment by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 3 OF 25 HOA shaH be a "Member" of the HOA, and shall be subject to the terms hereof and the by-laws and other goveming documents of the HOA. 000599 4.2 HOA VOTING RIGHTS. The HOA shaH have one class of voting Members. Members shall be entitled to one vote for each Lot owned. When tow or more persons are Owners of any Lot, all such persons shall be Members, but a single vote for such Lot shall be exercised as they among themselvesdetennine. In no event shall more than one vote be cast for any Lot. Matters to be detennined by the HOA shall be detem1Ìned by majority vote of the Members, unless otherwise indicated. Such majority vote may be obtained either: (a) by a simple majority (greater than fifty percent (50%» vote of Members present at a duly constituted meeting of the HOA (i.e., one for which proper notice has been given and at which Owners of greater than fifty percent (50%) of the total Lots are present); or (b) by majority vote of all Members obtained by the Board in writing but without a meeting. 4.3 HOA MEETINGS. The HOA shall have an mIDual meeting each calendar year, which shall be scheduled and called by written notice from the Board delivered to the Members not less than sixty (60) days before the date of the meeting. Special meetings of the HOA may also be called by the Board, or by Members owning at least twenty percent (20%) of the Lots, by written notice delivered to the Members not less than sixty (60) days before the date of such meeting. Meetings shall be held at a location not more than seventy (70) miles from the Subdivision. Written consents may be obtained in lieu of conducting a meeting. 4.4 HOA BOARD OF DIRECTORS. The HOA will have a Board of Directors, hereafter refened to as the "Board", which Board is created by this Declaration and shall have the powers, and be subject to the tenns and conditions, set f0l1h in this Declaration, and the HOA's Al1icles and By-Laws, as they may be amended from time to time. 4.5 BOARD MEMBERS & VOTING. The Board wiH be comprised of not less than three (3) persons who shaH be Lot Owners who shaH be elected by the Members of the HOA at each annual meeting of the HOA. Board members shall hold office until the next annual meeting of the HOA after their appointment or election. Any action taken by the Board shaH require an affinnative vote by at least two-thirds (2/3) of its members. 4.6 BOARD MEETINGS. The Board shall meet from time to time as necessary to perfonn its duties hereunder. The Board may from time to time, by resolution unanimously adopted in writing, designate a Board representative to take any action or perfonn any duties for and on behalf of the Board, except the granting of variances pursuant to provisions hereof. In the absence of such designation, the vote of DECLARATION OF COYENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 4 OF 25 any two members of the Board shall constitute an act of the Board. The Board may act by written consent. 000600 4,7 COMPENSATION OF BOARD MEMBERS, The members of the Board may receive reasonable compensation for services rendered if and as approved by the HOA, and shall receive reimbursement for reasonable expenses incuned by them in the perfom1ance of their duties. 4,8 BOARD POWERS, Except where this Declaration otherwise requires that action be taken by the Members of the HOA, the Board shall represent and act for the HOA. The Board's powers shall include, but not be limited to: (a) the powers enumerated in this Declaration as the sole goveming body for all architectural review, approval, control, and variances for construction and improvements in the Subdivision; and (b) the power to enter into an agreement or agreements from time to time with one or more persons or entities (for management of the Subdivision and/or HOA and/or other serVIces. 5, COMMON AREAS & EASEMENTS, 5,1 COMMON AREAS. The "Common Areas" referred to herein shall consist of: (a) the common areas designated on the Plat; (b) the roads designated on the Plat; (c) all other common easements/areas otherwise granted to or designated for the HOA; and (d) all improvements, facilities and buildings, if any, constructed thereon for the benefit of the Members. The Common Areas shall be used for the common enjoyment of the Owners for such purposes as ponds, trails, recreational areas, streets, parking, landscaping, utilities, and any other uses expressly permitted by Declarants or the HOA. The Common Areas shall not be obstructed nor used for any purpose other than the purposes set fOlih herein. The HOA shall, upon fonnation, assume all of Declarants' responsibility of any kind with respect to the Common Areas and shall indemnify Declarants and hold Declarants ham1less with respect thereto. 5,2 COMMON AREA USE / MEMBER EASEMENTS, Each Owner is hereby granted and shall have a permanent and perpetual non-exclusive easement for the use and enjoyment of all the Common Areas in common with all other Members. Such easement shall be subject to the provisions of this Declaration, including but not limited to the following covenants and conditions: a, NON-EXCLUSIVE EASEMENTS. The easements are granted on a non-exclusive basis in favor of all Owners and for the benefit of such Owners, their family that residing with them, and their pennitted tenants, agents, and guests. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 5 OF 25 000601. b. ASSESSMENTS FOR MAINTENANCE, The HOA has the right to levy and collect assessments against each Lot for the purpose of maintaining the Common Areas in compliance with the intent and provisions of this Declaration. c. SUSPENSION OF USE, The HOA may suspend the right of an Owner and an Owners' permitted tenants, agents, and guests from using the Common Areas (except for legal access) for any period during which an applicable assessment remains unpaid, and for an infraction of lawfully adopted and published rules and regulations. d. FEES FOR USE. The HOA may charge reasonable fees for the llse of Common Area amenities or improvements. e. RULES AND REGULATIONS, The HOA may adopt and enforce rules and regulations governing the use of the Common Areas. f. CONVEYANCE TO PUBLIC AGENCIES, The HOA may, by a two-thirds (2/3) affinl1ative vote of the membership, dedicate portions of the Common Areas to a public agency under such terms as. the HOA deems appropriate, and/or contract with public or private entities for lighting, roads, recreational services, security, communications, and other similar purposes deemed appropriate by the HOA; provided, however, that such easement shall not benefit property outside 0 the Subdivision until all of the Owners of all Lots have provided written approval to the granting of such easement. g. EASEMENTS IN COMMON AREAS, The HOA may grant non-exclusive perpetual easements over, under, and through the Common Areas; provided, however, that no easement benefiting property outside of the Subdivision shall be granted until all of the Owners of all Lots have provided written approval to the granting of such easement. h. USES OF COMMON AREAS, Owners shall not use any portions of the Common Areas for storage, parking, or any other purposes not expressly pern1Ìtted by the HOA. Common Areas designated for Owner or guest parking by the HOA, if any, may be used only for the purpose specified by the HOA. i. ALTERATION OF COMMON AREAS. Owners shall not alter in any manner the landscaping, drainage, or natural features of any portions of the Common Areas without obtaining the prior written consent of the Board. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 6 OF 25 j, ACCESS ACROSS COMMON AREAS, No driveway or vehicular access shall be permitted to any Lots across Common Areas except as expressly pennitted by the HOA. 000602 k. ASSUMPTION OF RISK. Each Owner shall assume the risk of use of the Common Areas, and each Owner, for the Owner and for the Owners' pennitted tenants, agents, and guests, shall indemnify and hold harmless all other Owners from any damages arising from use of the Common Areas, provided, however, that any' individual Owner whose gross negligence or deliberate or intentional action or inaction causes damage shall remain potentially liable for such gross negligence or intentional action or inaction that gives rise to such damage. 5.3 UTILITY EASEMENTS. Declarants, the HOA, and their respective designees are hereby granted the right to install, use, and maintain public and/or private utilities (such as, but not limited to, water, sewer, electric, gas, television, and telephone lines) underground and along those easement routes shown on the Plat (or otherwise granted or reserved) in order to service the Lots and Common Areas. No easement for utilities shall be granted within the easement routes shown on the Plat (or otherwise granted or reserved) that would benefit property outside of the Subdivision until all of the Owners of all Lots have provided written approval to the granting of such easement. 5.4 PUBLIC EASEMENTS. Fire, police, health and sanitation, and other public service personnel and vehicles shall have a pennanent and perpetual easement for ingress and egress over and across the Common Areas in the perfonnance of their duties. 5.5 OTHER EASEMENTS. The following additional easements and requirements are hereby granted: a. LOT BOUNDARY EASEMENTS, A ten-foot (10') wide easement along all boundaries of all Lots is reserved for underground utility purposes, and for drainage purposes above and below ground. b. SUBDIVISION BOUNDARY EASEMENTS, A twenty-foot (20') wide easement along the exterior boundaries of the Subdivision, as shown on said Plat, is reserved for underground utility purposes, for drainage purposes above and below ground, and for the purpose of erecting and maintaining (if desired by the Declarants or the HOA) a fence. 5,6 EASEMENTS APPURTENANT. The easements granted herein and on the Plat shall be appmienant to and shall run with land and with the title to each Lot and the Common Areas. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 7 OF 2S 000603 5,7 COMMON AREA MAINTENANCE. The Common Areas shall be maintained by the HOA, beginning on the date these Covenants are recorded, in a continuous and satisfactory manner, without cost to the general taxpayers of Lincoln County, and without direct, individual expense to the Owners, except for their share of the common expenses levied by assessment as provided herein. Such maintenance by the HOA shall extend to all the Common Areas, including but not limited to the landscaping, pastures, fields, fences, streets, roads, pathways, trails, drainage structures, lighting fixtures, ditches, streams, ponds, signs, utilities (except public utilities), and other improvements, facilities and structures located therein and/or a part thereof. All work in or on the Common Areas and all expenses hereunder shall be paid for by the HOA through assessments imposed in accordance with these Covenants. No Owner may escape liability for assessments for such maintenance by waiving or suspending the Owner's right to use the Common Areas or any part thereof. 5.8 OWNER MAINTENANCE OF EASEMENT AREAS, To the extent any HOA easements or other easement areas are contained within particular Lots, the Owners of such Lots shall be responsible for maintaining, at the Owners' expense, such easement areas and any of the Owners' improvements located therein. The HOA shall only be responsible for maintaining the HOA's improvements located within such easement areas. 6, HOA ASSESSMENTS & LIENS. 6,1 CREATION OF LIEN & PERSONAL OBLIGATION FOR ASSESSMENTS. The Owner of each Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the HOA: (a) regular monthly, quarterly, and/or annual assessments ("Regular Assessments"), and (b) other special assessments ("Special Assessments"), established and collected as herein provided. Such assessments, together with interest, costs, and reasonable attol11eys' fees for collection, shall be a charge on and continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attol11eys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment became due. 6,2 PURPOSE OF ASSESSMENTS, Assessments shall be used, as detel111ined appropriate by the HOA and/or the Board: for improvement, maintenance, operation, management, and insurance of the Common Areas; to promote the health, safety, welfare, and recreational opportunities of the Members, their families residing with them, and their tenants, agents and invitees; to enhance and maintain the aesthetics of the Subdivision; and for other HOA and/or Subdivision purposes. Regular Assessments and/or Special Assessments may include reasonable reserves as the HOA DECLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 8 OF 25 may deem necessary for the future repair, maintenance, or improvement of the Common Areas. 000604 6,3 REGULAR ASSESSMENTS. The initial amount of, and payment schedule for, Regular Assessments shall be set by the HOA. Thereafter, Regular Assessments may be changed at the annual HOA meeting as reasonably required to meet the HOA's financial needs. Any annual increase may not be more than twenty percent (20%) above the amount of the Regular Assessment for the previous year, unless otherwise approved by the BOA. Owners shall become responsible for paying Regular Assessments upon purchase of a Lot, and regardless of whether they occupy a home on the Lot. 6.4 SPECIAL ASSESSMENTS. Funds in excess of an amount set by the HOA, in anyone case, which are necessary for the addition of capital improvements (as distinguished from repairs and maintenance) to the Common Areas, and which have not previously been collected as reserves and are not otherwise available to the HOA, may be levied and collected as Special Assessments by the BOA. It is the intent of this provision that any capital improvements having a cost of less than said amount set by the HOA be paid for by Regular Assessments, with an appropriate adjustment to the budget of the BOA and the Regular Assessments levied thereunder. Special Assessments may also be made by the BOA for any other purpose approved by the HOA and not provided for or covered by Regular Assessments. The due date of any Special Assessment shall be fixed in the HOA resolution authorizing such assessment and will be payable within thirty (30) days of assessment. 6,5 HOA ASSESSMENTS & RECORDS, The HOA shall fix the date of assessments and the amount of assessments as provided herein or as otherwise deemed appropriate. Regular Assessments shall be set or changed at the alIDual HOA meeting. The BOA shall maintain a roster of the Owners and assessments applicable thereto. Said roster shall be kept in the office of the HOA and shall be open to inspection by any Owner. Except as specifically provided otherwise herein, all assessments shall be imposed equally against all Lots within the Subdivision. Written notice of applicable assessments shall be sent to every Owner thirty (30) days prior to the date payments are due, unless emergency circumstances require otherwise. In the event no such notice is given regarding a Challge in Regular Assessments, the Regular Assessment shall continue to be the same as the amount payable for the previous period until changed as provided herein. The Board shall upon demand fumish to any Owner liable for all assessment a certificate in writing (or an estoppel letter) signed by a member of the Board setting forth whether assessments have been paid as to any paliicular Lot. 6.6 NON-PAYMENT OF ASSESSMENTS, It shall be the legal duty and responsibility of the HOA to enforce payment of the assessments hereunder. Failure of the HOA to send or deliver bills or notices of assessments shall not, however, relieve DE CLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 9 OF 2S 000605 Owners from their obligations hereunder. The personal obligation of the Owner to pay assessments shall pass to his successors in interest with recourse against the Owner and his successor's. If an assessment is not paid on the due date, then such assessment shall become delinquent and shall, together with late charges, interest, and the cost of collection, including attorney's fees, become a continuing lien on the appropriate Lot and shall bind such Lot in the hands of the Owner, his/her heirs, personal representatives, successors, and assigns. Assessments levied pursuant hereto shall be collected in the maimer established by the HOA or its Board of Directors. All assessments, late charges, interest, penalties, fines, attorneys' fees. aI1d other sums provided for herein shall accrue to the benefit of the HOA. The HOA shall have such remedies for collection and enforcement of assessments as may be penl1itted by this Declaration, the HOA Articles and By-laws, and/or applicable Wyoming laws. All remedies are intended to be cumulative. If any installment of an assessment is not paid within thirty (30) days after the due date, at the option of the HOA, a twenty percent (20%) late charge may be imposed. The HOA may also bring an action at law against the Owner(s) personally obligated to pay the same or may record a claim of lien against the Lot on which the assessments and late charges are unpaid. In addition, the HOA may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or pursue one or more of such remedies at the same time or successively. In any such collection action, the HOA shall be entitled to payment of its attorneys' fees and costs of preparing and filing the claim of lien and the complaint (if any) in such action, and in prosecuting same. The HOA shall also be entitled to interest on the unpaid assessment(s) at the rate of eighteen percent (18%) per annum from the due date of the assessment. In the event a judgment is obtained, such judgment shall include all such sums as above provided and attorney~' fees actually incurred in the applicable action, together with the costs of the action, aI1d the HOA shall be entitled to attorneys' fees in connection with any appeal of any such action. In addition to the rights of collection of assessments stated herein, any and all persons acquiring the title to or the interest in a Lot as to which the assessment is delinquent including, without limitation, persons acquiring title by operation of law and by judicial sale, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Areas until such time as all unpaid and delinquent assessments due and owing, from the selling Owner have been fully paid. No sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Board acknowledging payment in full of all assessments and other sums due. 6,7 SUBORDINATION OF LIENS, Any lien for assessments provided for in this Declaration shall be subordinate to real property tax liens and to the lien of any first mortgage recorded prior to recordation of a claim of assessment lien. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 10 OF 25 000606 6.8 HOA FUNDS, Assessments collected by the HOA shall be held by the HOA until required for use, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts, at banks or savings and loan institutions where such deposits/accounts are insured by an agency of the United States. 6,9 SPECIAL ASSESSMENTS FOR SPECIAL DAMAGE. Owners shall be responsible for repair of any damage to any portion of the Common Areas as the result of misuse, negligence, failure to maintain, or otherwise specifically caused by such Owners, their families residing with them, and their pennitted tenants, agents, and invited guests. Notwithstanding any other provision herein, such Owners shall be directly liable to the HOA for the cost of repairs of such damage and a Special Assessment may be levied therefor against only such Owners (rather than all Owners). 7. HOA'S RULES AND REGULATIONS, 7.1 COMPLINACE WITH RULES & REGULATIONS. Every Owner and their family, tenants, agents, and guests shall comply with all rules and regulations herein and as hereafter adopted by the HOA. It shall be each Owner's responsibility to assure that their family, tenants, agents, and guests comply with the rules and regulations. 7,2 REMEDIES FOR NON-COMPLIANCE, Failure of any Owner or their family, tenants, agents, or guests to comply with the HOA's rules and regulations shall be grounds for immediate action by the Board, which may include, but shall not be limited to: (a) an action to recover SUlns due for damage; (b) injunctive relief; (c) suspension of voting rights and/or use of Common Areas; (d) fines; or (e) any combination of such remedies, or other legal remedies, detennined appropriate by the Board. If enforcement action is detemlined appropriate by the Board, the Board shall adhere to the following enforcement guidelines: a. NOTICE. The Board' shall notify the Owner in writing of the infraction or infractions. The notice shall include a description of how the infraction(s) may be cured (if the nature of the infraction is such that it can be cured), and give a time frame of not less than fifteen (15) calendar days from delivery of the notice to cure. The notice may also include a description of the recourse that will be imposed and/or taken by the Board (fines, legal action, suspension of rights) if the infraction(s) is(are) not timely cured. b. OPPORTUNITY TO CURE. The applicable Owner shall be given at least fifteen (15) calendar days from delivery of the notice to cure the infraction(s) or present good reason why action should not be taken by the Board. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 11 OF 25 c. SPECIAL MEETING. The Board may, but shall not be required to, convene a special meeting to discuss the infraction(s) and hear the applicable Owner. 000607 d. BOARD DETERMINATION. After delivery of notice, failure of the Owner to timely cure the infraction (if the nature of the infraction is such that it can be cured), and consideration of any reasons timely presented by the Owner why action should not be taken by the Board, as described above, the Board may take such further action and/or impose such remedy as is described herein, or as the Board deems appropriate for the infraction(s). e. FINES. Fines shall not be construed to be an exclusive remedy for any infraction(s), and may be imposed in addition to all other rights and remedies to which the HOA may be otherwise legally entitled. Fines shall be paid not later than five (5) days after notice of the imposition of the fine. If fines are not paid when due, they shall be treated as Special Assessments subject to the provisions for collection of assessments set fOlih herein. The Board may impose fines against the Lot owned by the Owner as follows: (1) First infraction: a fine not in excess of $500; (2) Second infraction: a fine not in excess of $1,000; (3) Third and subsequent infractions, or infractions which are of a continuing nature, a fine not in excess of $2,000. 7.3 INITIAL RULES AND REGULATIONS. a, LOT MAINTENANCE. Owners shall maintain their Lots at all times in a safe, sanitary, and attractive condition, and shall promptly repair or correct any condition not consistent with the provisions of this Declaration and the rules and regulations of the HOA. All structures erected on a Lot shall be kept in good condition and in a neat appearance and no structure shall be permitted to fall into disrepair. Construction of any structure must be performed diligently from the time of commencement until fully completed. b, QUIET ENJOYMENT. No Owner shall engage in or permit any conduct on their Lot or the Common Areas that will interfere with the rights, comforts, or convenience of other Owners, and their families, tenants, agents, or guests, and the reasonable quiet enjoyment by other Owners of their Lots and the Common Areas. c. COMMERCIAL USES. No commercial use shall be permitted on a Lot or within the Subdivision even if such use would be permitted undèr applicable zoning ordinances. The HOA may make exceptions to this restriction for commercial uses that do not result in any additional use of the Common Areas DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 12 OF 25 (including the improvements therein), and will not interfere with any other Owner's use or enjoyment ofthe Subdivision. 000608 d. CHILDREN, Children will be the direct responsibilities of the Owner who's family, invitees or guests they are. Such Owner shall be responsible for full supervision of them while within the Subdivision and for compliance by them with all rules and regulations of the HOA. e, LEASING LOTS, Owners may not lease out their home, Lot, or any part thereof, or any improvement thereon, except that an Owner may lease the entire Lot for periods of thirty (30) days or more. Tenants shall agree in writing to abide by the provisions of this Declaration and all other rules and regulations of the HOA. and the Owner shall remain responsible for the tenant's compliance with the provisions of this Declaration and all other rules and regulations of the HOA. f. ATTACHMENTS TO STRUCTURES. No awning, canopy, shutter, enclosure, satellite dish, anteJU1ae, or other projection shall be placed on a Lot or attached to or placed upon the outside of any building on a Lot except as approved by the Board. g. PERSONAL PROPERTY. An Owner's personal property must be stored within structures on the Lot approved by the Board. No supplies, materials, or other articles may be stored outside on any Lot. No linens, clothing, or laundry of any kind shall be hung outside on any Lot. h. VEHICLES AND RECREATIONAL EQUIPMENT, Each Owner shall provide and maintain off-street parking on their Lot for at least two passenger vehicles within a garage approved by the Board. No trailer, RV, boat, camper, or any other recreational vehicle shall be parked outside on any Lot within the Subdivision for more than fifteen (15) consecutive days, nor more than a total of thirty (30) days within any calendar year, unless such vehicle is fully enclosed in a garage or accessory building approved by the Board. Vehicles which are not in running condition or are in a state of disrepair, and all motorcycles, A TV s, snowmobiles and other like vehicles, and all machinery and equipment, shall not be placed or stored anywhere on a Lot unless enclosed in a garage or accessory building and out of the view of other Lot owners, as approved by the Board. Vehicles which are in violation of these rules and regulations shall be subject to being towed by the HOA at the owners' expense and subject to applicable laws and ordinances. i, USE OF RECREATIONAL VEHICLES, Motorcycles, ATV's, snowmobiles, and similar vehicles may be used only on the designated roads DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 13 OF 25 iL within the Subdivision, and not otherwise on any Lot or within the Common Areas, or in any unsafe, noisy, or offensive manner. 000609 j, NOISE. No Owner shall make or pennit any disturbing noise on their Lot, by Owner, or the Owner's family, tenants, agents, or guests. No Owner shall play or permit to be played any musical instrument, nor operate or pennit to be operated any sound equipment in such a manner as to disturb or almoy other Owners, and their families, tenants, agents, or guests. k. NUISANCES. No hazardous, illegal, noxious, or offensive activities or materials shall be pennitted within the Subdivision, nor shall anything be done or placed within the Subdivision that is or may become a nuisance. No flammable, combustible, explosive, or hazardous fluids, chemicals, or substances shall be kept, stored, or distributed on a Lot or on the Common Areas, except as pennitted by the Board. I. ELECTRONIC EQUIPMENT. No electronic equipment may be pemlitted in or on any Lot that interferes with the television, radio, telephone, or internet reception of another Owner. m, EXTERIOR LIGHTING, Exterior lighting may only be installed and maintained if approved by the Board. All exterior lighting shall be arranged, directed, and/or shielded so as to prevent any significant light from shining onto adjacent Common Areas alld/or other Lots. Owners may also install temporary holiday lighting and decorations, provided that such lighting and decorations are not installed more than twenty (20) days before, and are removed and stored away within twenty (20) days after the applicable holiday. n, HOA EMPLOYEES, HOA employees, if any, are not to be engaged by Owners for personal errands or for non-HOA jobs. The Board shall be solely responsible for directing and supervising employees of the HOA. 0, PETS, No Owner shall keep more thall two (2) dogs nor more than two (2) cats on a Lot, and all such dogs/cats shall be kept restrained on the Owner's Lot in a reasonable manner and shall at all times be kept from creating a nuisance or disturbance to other Lot owners within the Subdivision. No pet shall be pelmitted outside the Owner's home or Lot to whom the pet belongs, unless attended by an adult or child of more than ten (10) years of age, and said pet must be on a leash of reasonable length, unless it can be demonstrated that said pet is disciplined to its attendant's voice command and will not interfere with the privacy of any person or their property. Pet owners shall be responsible for picking up and clealling up after their pets. All pets shall be maintained for personal and family use and enjoyment only. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 14 OF 25 000610 p. LIVESTOCK, Only the following livestock may be kept, raised, or maintained on a Lot: horses, donkeys, cattle, and sheep. Pigs, goats, llamas, peacocks, turkeys, chickens, and other animals not customarily kept as livestock shall be not be allowed on a Lot. Animal husbandry shall not be practiced in any form. 8, CONSTRUCTION & ARCHITECTURAL CONTROL. 8,1 CONSTRUCTION REQUIREMENTS. The intent of these Covenants is to ensure that homes, accessory buildings, landscaping, and other improvements constructed within the Subdivision are of higher-than-average quality, appearance and styling, and are compatible with the theme and nature of the Subdivision. Accordingly, all improvements to be constructed within the Subdivision shall comply with the following requirements and such other rules and requirements as the HOA and/or the Board may adopt from time to time: 3. NEW CONSTRUCTION & TIME FOR COMPLETION, Any buildings erected on a Lot shall be of new construction and high quality materials. Once construction of a structure is commenced on a Lot, construction of that structure shall be completed within a reasonable time not to exceed twelve (12) months from commencement; provided, however, that if reasonably required, construction of the interior of a building may be completed within twenty-four (24) months after commencement. b, TEMPORARY STRUCTURES. No recreational vehicle, trailer home, or mobile home shall be placed or used within the Subdivision as temporary or pelmanent residence, or for any other purpose, during construction or at any other time; provided, however, that a recreational vehicle may be used as a temporary office, and a truck or trailer may be used for storage of materials and equipment, while construction of a building is under way but only until the exterior of such building is completed. c. COMPATIBILITY OF IMPROVEMENTS. All buildings, fencing, and any other improvements constructed on a Lot shall be appropriate in character, design, color, and architecture to be compatible with the general area and the Subdivision as detennined by the Board. No unusual designs, styles, or construction methods shall be allowed (such as geodesic domes, A-frames, Quonset huts, underground homes, or other structures of unusual construction quality or design). DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 15 OF 25 000611 d. COLORS OF IMPROVEMENTS, All buildings and improvements will be painted, stained, sided, and roofed in primarily earth tone colors that are compatible with the slmounding area and the Subdivision as approved by the Board. e. BUILDING SETBACK. No building or improvement, other than fencing and/or landscaping approved by the Board, shall be built within fifty feet (50') from the side or back boundaries of any Lot, or within seventy-five feet (75') of the front boundary of any Lot. f, NUMBER OF BUILDINGS. No buildings shall be erected, altered, placed, or pennitted to remain on a Lot other than: one (1) detached single-family primary residential dwelling, and a maximum of two (2) additional accessory buildings for such uses as a garage, bam, studio, carriage, or guest house, additional garage, workshop, living quarters for domestic employees, recreation room, storage area, or any combination thereof. All building plans must be approved prior to construction by the Board. No more than three (3) buildings per Lot shall be permitted without a variance granted by the Board. g. PRIMARY RESIDENTIAL DWELLING, Prior to, or concurrently with, the construction of any other accessory building(s), an Owner shall construct a primary residential dwelling and an enclosed garage (either attached to the primary dwelling or as a separate accessory building), confonning with the covenants herein. Such garage shall be designed and constructed to include at least one thousand (1,000) square feet of useable floor space to accommodate at least two (2) large vehicles. h. MINIMUM SQUARE FOOTAGE, Every primary residential dwelling shall have a minimum of four thousand (4,000) square feet of total above grade finished living area excluding the garage, and two thousand (2,000) square feet on the ground floor (the floor just above finished grade). No basement area (having its floor and all walls primarily below finished grade) will be considered a part of the finished floor area requirements. For purposes of this Declaration, "finished grade" shall be determined by calculating the average finished grade next to each side of the structure, and using the highest such average as the "finished grade". i. MAXIMUM BUILDING HEIGHT, No primary residential dwelling shall exceed two (2) stories above finished grade. The maximum height of any building shall not exceed thirty-five feet (35') above finished grade. No basement (having its floor and all walls primarily below finished grade) shall extend higher than twenty-four inches (24") above finished grade. DECLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 16 OF 25 000612 j. ACCESSORY BUILDINGS. Each accessory building, and the size, design, and location thereof on a Lot must be approved prior to construction by the Board. All such buildings shall be of properly framed construction, and shall be finished only with materials approved by the Board. Each accessory building shall be constructed in a style that matches or is compatible with the primary residential dwelling on the Lot. Each accessory building shall have one or more architectural details that provide a higher-than-average appearance (such as, but not limited to, varying or multiple roof lines, covered porch or landing, a roof cupola). Architectural details shall be subject to the approval of the Board. k. SIDING, Each primary residential dwelling, and all additional accessory buildings, shall be sided as approved by the Board with one or more of the following materials: (a) properly painted, stained, or treated exterior-quality wood siding; (b) properly stained, painted, or treated logs; and/or (c) masonry (natural or cultured stone or brick). No primary residential dwelling or any accessory building shall be sided with materials of inferior or less-than-average quality and/or appearance, such as, but not limited to: plywood or any wood sheet panel siding; vinyl lap-style siding; metal siding (unless otherwise expressly pem1itted by the Board); pressed board; hard board siding; exposed unfinished cement or concrete block; or any other inferior siding. l. BUILDING TRIM. All soffit and fascia shall be considered a part of the siding and shall be installed using new quality material and in accord with the siding materials pem1itted above. Trim board, and window and door casings, windows, doors, and all other exterior elements and finishes, shall also be of new quality materials complimenting and consistent with the design approved by the Board. m. ROOFING. All major roof lines of any primary residential dwelling shall be pitched with at least a six/twelve (6/12) pitch; provided however, the roof pitch of porches, dom1ers and other ancillary roof lines shall not be less than a four/twelve (4/12) pitch unless otherwise approved by the Board. All buildings constructed on a Lot shall have at least a twenty-four inch (24") roof overhang. Permitted roofing materials shall not be in any unusual color for the area and are limited to: (1) tile or slate; (2) high quality faux tile or slate., (3) asphalt shingles (provided they are of architectural design with the "shake" look and shall be of a quality with at least a forty (40) year rating), (4) high quality composite shakes, (5) real cedar shakes, or (6) other such higher-than- average quality roofing material approved by the Board. n. SHEATHING & EXTERIOR FRAMING, All building construction shall use sheathing (except in types of construction where sheeting is not required, like logs) meeting at least the following minimum requirements: (1) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 17 OF 25 000613 all wall sheathing shall be at least seven/sixteenths inch (7/16") plywood, OSB, or comparable sheathing product; (2) all roof sheathing shall be at least five/eighths inch (5/8") plywood, OSB, or comparable sheathing product; and (3) all sub flooring shall be at least three/quarters inch (3/4") plywood, OSB, or comparable sub flooring product. All exterior stud walls shall be framed with studs on at least sixteen-inch (16") centers. The purpose of these requirements is to ensure the quality of the exterior appearance of the buildings shall be long lasting and shall not sag or develop a lower quality appearance. o. LANDSCAPING, conclmently with submitting plans to build the primary residential dwelling on a Lot, and in any other instance where an Owner desires to insta]] or modify landscaping improvements, the Owner shall submit plans for landscaping compatible with the Lot and other improvements for approval by the Board. After approval by the Board, the Owner shall then install the approved landscaping not later than one hundred twenty (120) days after: (1) completion of the building associated with such landscaping plans/improvements, or (2) approval of such landscaping plans. Landscaping improvements shall comply with the following minimum requirements: at least thirty percent (30%) of each Lot (not including areas covered by buildings) shall be improved and maintained with sprinklered lawn, in-igated pasture or meadow, graveled or paved driveway, walkways and other hardscape, and/or similar landscape improvements. Landscapes shall also include at least six (6) trees native to area surrounding the Subdivision, with initial trunk diameters of three inches (3") or more at planting. Areas not maintained with landscape improvements shall be maintained with native grasses, plants, shrubs and/or trees as approved by the Board. p, FENCES. All fences shall be approved by the Board. Unless otherwise specitìcally approved by the Board, fences must be constructed of wood, and shall have a see-through (rather than solid) appearance. Stone or brick pilasters, with wood may also be used. No chain-link, woven wire, or barbed wire fences are permitted, except that the Board may approve certain wirè mesh fences with wood-borders to restrict movement of children and/or animals. As much as is practical, fences shall not obstruct the view of other Owners. Temporary fences (i.e., fencing to temporarily protect trees or vegetation or construction areas) may consist of materials not otherwise pennitted hereunder only if, and subject to such conditions as are approved by the Board. q. UTILITY LINES, All electrical lines, telephone lines, and other utility lines shall be installed underground. r. SOLAR COLLECTORS. Solar collectors may be incorporated in the design of a primary residential dwelling and/or accessory building, but shall DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 18 OF 25 be approved by the Board. No solar collectors shall be placed in a manner that will cause glare on neighboring Lots. 000614 s. TANKS. All propane tanks, water tanks, or similar storage facilities shall eÜher be constructed as an integral paIi of the primary residence or an accessory building, or shall be installed underground. t. SEPTIC SYSTEMS. Each Lot shall have its own septic system. Each Owner shall be responsible for installing and maintaining the septic system in compliance with these Covenants and al1 applicable laws, ordinances, codes, regulations, and other govel11mental requirements. Plans for the septic system shall be included in plans for the primary residential dwelling or other structures that are submitted to the Board for approval. u. DOMESTIC WATER. Each Lot shall have its own well. Each Owner shall be responsible for constructing all necessary improvements for a well and for connecting and maintaining a domestic water supply to their building(s) in compliance with these Covenants and all applicable laws, ordinances, codes, regulations, and other govel11mental requirements. Plans for the well and for cOlmections thereto shall be included in plans for the primary residential dwelling or other structures that are submitted to the Board for approval. w. OTHER CONSTRUCTION STANDARDS, In addition to compliance with these Covenants, all construction and improvements shall comply with applicable laws, ordinances, codes, and govel11mental requirements and regulations, including, specifically, those shown on the Subdivision Plat. All structures or improvements shall be erected in accordance with the current edition of the following unifol111 codes or with applicable State of Wyoming and/or Lincoln County building and safety codes, if any, whichever is more stringent: (1) Unifonn Building Code; (2) National Plumbing Code; (3) National Electric Code; and (4) National Fire Code. All buildings constructed on a Lot shall be approved and certified by an engineer licensed in Wyoming. 8.2 ARCHITECTURAL CONTROL. a. ARCHITECTURAL REVIEW AND APPROV AL. The Board shall have the exclusive right to govel11, control, and enforce the architectural review and approval of the building requirements for all construction, landscaping, and other improvements on or to all Lots. The Board is responsible for the approval or denial of any variaI1ce to the construction, design, elevation, landscaping, or other general building requirements for each Lot as set forth herein. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 19 OF 2S 00061.5· b. PURPOSE OF ARCHITECTURAL APPROVAL, The Board's purpose as it relates to architectural control, review, and approval is to serve as the exclusive architectural control committee for the Subdivision, to enforce the characteristics of construction described herein, and to prohibit any construction or improvement on a Lot in violation of such requirements and the theme intended for the Subdivision. In its capacity as an architectural control committee, the Board's approval shall be required to commence construction on any Lot or in any Common Area. The Board shall have the sole and exclusive control over such construction requirements and all decisions made by the Board, in its sole discretion, shall be binding on the Subdivision and all Lots therein. c. SUBMISSION OF PLANS TO BOARD. Whenever an Owner of a Lot desires to construct a primary residential dwelling, an accessory building, or any improvements, or landscaping, the Owner shall submit to the Board three (3) full sets of building and site plans for such proposed construction or improvemcnt. Such plans shall show all exterior elevations of the proposed building(s) and shall designate all the materials and colors to be used for all exterior materials so that the Board has sufficient information to evaluate if the proposed construction meets the requirements set forth herein. The Owner shall also submit color samples of all proposed materials and a landscaping plan for the Lot for the Board's review and approval process. Upon receipt of such plans, the Board shall meet for the purpose of reviewing the plans and samples submitted not later than thÌ1iy (30) calendar days from the date of the Board's receipt of the plans and samples. At said meeting, the Board shall discuss the plans and samples submitted and vote on whether or not the proposed construction should be approved. Approval of such plans shall require at least a two-thirds (2/3) affim1ative vote by the members of the Board, and such approval or denial shall be in the sole discretion of the Board. Within ten (10) days after the meeting, the Board shall issue a written statement outlining the result of said vote and whether the Board approved or denied the proposed plans and san1ples. If approved, the Board may condition approval as it deems appropriate and may require submission of additional plans and specification or other information prior to approving or disapproving the material submitted, and may specify conditions that must be satisfied by the Owner in order to proceed with the construction. If denied, the Board shall provide a written summary of the reasons for such denial. No construction, landscaping or other improvement shall commence until the plans therefore have been approved by the Board and any conditions imposed have been agreed to by the Owner. d. RULES FOR PLAN SUBMISSIONS, The Board may issue additional rules and/or guidelines for the submission of plans for approval. The Board may require such detail as it deems desirable in plans and specifications DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 20 OF 25 submitted for floor plans, site plans, drainage plans, elevation drawings, and descriptions or samples of exterior materials and colors. It shall be the Owner's responsibility to see that all plans and work, including any changes or alterations, comply with applicable governmental laws, statutes, ordinances, building codes, rules, regulations, orders and decrees. 00061.6 8,3 VARIANCES. The Board, in exercising its architectural control of the Subdivision, may grant a variance from these Covenants when circumstances such as topography, natural obstructions, hardship, and aesthetic and/or environmental considerations require. An Owner desiring a variance must request such in writing stating the specific factors justifying the variance. Approval of a variance must be evidenced in writing signed by at least two-thirds (2/3) of the members of the Board. No variance shall affect in any way the Owner's obligation to comply with all governmental laws, ordinances, codes, and regulations. 8.4 INSPECTION OF WORK FOR COMPLIANCE. Upon completion of any work for which approval of plans is required under this Declaration, the Owner having received such approval shall give written notice of completion to the Board. The Board or its duly authorized representative may then inspect such improvement. If the Board finds that such work was not completed in substantial compliance with the approved plans, the Board shall notify the Owner in writing of such noncompliance, specifying the particulars, and shall require the Owner to remedy the same. Thereafter, the Owner shall remedy or remove the noncompliance within a period of not more than forty-five (45) days from the date of notice from the Board. If the Owner does not comply with the Board ruling within such period, the Board, at its option, may either remove the non-complying improvement or remedy the noncompliance, and the Owner shall reimburse the HOA upon demand for all expenses incuned, plus an administrative charge to be detennined by the HOA. If such expenses and charges are not promptly paid by the Owner to the HOA, the Board shall levy a special assessment for reimbursement against such Owner and the applicable Lot. 8,5 BOARD & MEMBER IMMUNITY, Neither the Board nor any member thereof, nor its duly authorized representatives, shall be liable, to the HOA or to any Owner or any other person or entity, for any loss, damage, or injury arising out of or in any way connected with the performance of the Board's duties hereunder. The Board shall review, and approve or disapprove, all plans submitted on the basis of aesthetic and other pertinent considerations, and the benefit or detriment which could result to other Owners and the Subdivision. The Board shall take into consideration the buildings, landscaping, color schemes, exterior finishes and materials, and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed, approval of, or warranty as to, any plan or design from the standpoint of structural safety or confonnance with any governmental requirements. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIV j SION PAGE 21 OF 25 iL 9. GENERAL PROVISIONS. 000617 9.1 DURATION OF COVENANTS. The covenants and restrictions of this Declaration shall run with and bind each Lot and th~~ Subdivision, and shall inure to the benefit of and be enforceable by the Declarants, the BOA, the Board, and the Owners, ¡}nd their respective legal representatives, heirs, successors and assigns, for a tenn of thirty (30) years fr0111 the date this Declaration is recorded in the land records of Lincoln County, Wyoming, after which time said Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots has been recorded in the land records of Lincoln County, Wyoming agreeing to change said covenants and restrictions in whole or in part. 9.2 NOTICE. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid to the last known address of the person who appears as Member or Owner on the records ofthe HOA at the time of such mailing. 9,3 ENFORCEMENT. Enforcement of these covenants and restrictions shall be accomplished by means of a proceeding at law or in equity against any person violating or attempting to violate any covenant or restriction in accord with the laws of the State of Wyoming. 9.4 SEVERABILITY. Invalidation of anyone of the covenants or restrictions herein, or any pmi, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not effect any other provisions or appJications in other circumstances, all of which shall remain in full force and effect. 9.5 AMENDMENT. In addition to any other mam1er herein provided for the amendment of this Declaration, the covenants, restrictions, easements, charges and liens of this Declaration may be amended, changed, or added to at any time, and from time to time, by approval at a meeting of Owners holding not less than two-thirds (2/3) of the votes of the membership of the HOA. Any such amendment that is so approved shall be recorded in the land records of Lincoln County, Wyoming. 9.6 CONFLICT. This Declaration shall take precedence over conflicting provisions in the Aliicles of Incorporation and By-Laws of the HOA and the Articles shall take precedence over the By-Laws. 9,7 EFFECTIVE DATE. This Declaration shall become effective upon its recordation in the land records of Lincoln County, Wyoming. DECLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVI SION PAGE 22 OF 25 EXECUTED this01_ day of~, 2007 000618 2ü~ a · /Cfl#01 RAMO-NA A, SCAFFIDE ~~ ~HAY ÁF I ~~ BERT MONTG MERY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 23 OF 25 STATE OF WYOMING ) ) SS, COUNTY OF LINCOLN ) 00061.9 ACKNOWLEDGED before me this s2!t- day of September, 2007 by Salvatore A. Scaffide and Ramona A. Scaffide. WITNESS my hand and official seal. BOBBI L. ROCI<EFELLER . NOTARY PUBLIC State of Wyoming County of Lincoln My Commission Expires May 10, 2010 .J ~L¿l' NOTARY PU I My Commission expires: ~7a.y JP ~/ () STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me this~ day of September, 2007 by Tony V. Scaffide and Shay Scaffide. WITNESS my hand and official seal. BOBBI L. ROCKEFELLER - NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 10, 2010 My Commission expires: ~ J P ¿)Ø / ¿) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 24 OF 25 STATE OF WYOMING ) ) SS, COUNTY OF LINCOLN ) 000620 ACKNOWLEDGED before me this ~ day of September, 2007 by Bert and Cindi Montgomery. WITNESS my hand and official seal. BOBBI L. ROCKEFELLER - NOTARY PUBLIC County of State of ~ Lincoln Wyoming My Co~''''oo 8<pl~ M.y 10. 2010 NOTARY PU LIC My Commission eXPires:1J14~ ~ .)ð/¿, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PACKSADDLE SUBDIVISION PAGE 25 OF 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~""""""~~~~.è&O""""""~"""~~ 00062:1. State of California - On fore me, Date personally appeared ßeY -b- o personally known to me ;>4 (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/øfê]ubscribed to the within instrument and acknowle~d to me that he/she~executed the same i~r@uthorized capacitYVSs), and that by hislhe~gnature(s) on the instrument the person(s)~ - or the entity upon behalf of which the person(s) acted, executed the instrument. ,. ELEANOR MAR 0COMM. .'567,18 )i :4 NOTARY PUBLIC - CAlIFORNIA' ~ .'. ORANGE COUNTY '" I......... .~.~.~~:'~ WITNESS my hand and official seal. ~k,",. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Place Notary Seal Above Description of Attached Document ., 0+- f' h . , .~ \ Title or Type of DOCU. ment: !)(::(]a..nL-t16Y\ Lev e~ì1s.. ~y1ctrt1 ðYlS ,d r \cL Rcar~ fo.c. PdLct::.sdcÃ..}e.. u.b éÁ..N \ 'S ì 6Y' Document Date: ??jè·mí d- ï ð-66-::r- Number of Pages: . ;:;¿ S- Signer(s) Other Than Named Above: Capacity(I..) Claimed by"!ijgner<~ . Signer's Name: 'Be(-\- IV lor\\" DMC~ 1! Individual . o Corporate Officer - Title(s): o Partner - 0 Limited 0 General . o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Signer's Name' Û rJl fVl6vt'ç- J bIV'i~ ).! Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: ~SotoAve.. P.O. Box 2402 ;ctíaísworÍh~èA9i3i~24oi-'-'~ìi;';No~