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HomeMy WebLinkAbout944817 ~ a::: w :2 a::: « UJ 0 CD :2 \'! C"')a::: :2 ..- r-- ~UJ UJ ..- 'I'"" "Z ~ .- 00 UJ<9 ~ co ; <9« 0> a:~ a::: 0 Q) UJ 0 UJ -I N (:\ '**' zO N <9 Z ~ -- ..- z C"') L1í z 0 2: ..- ..., :J W UJ "'" 0 >0 ~ 0 -w 0 Z Wa::: 0 -I () CD 0 W 0 D:: z :J FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOUNTAlNVIEW TOWNHOMES ADDmON THIS FIRST AMENDED AND RESTATED DECLARATION is made by the undersigned Declarant for the pwpose of defining the rights and obligations of ownership for MOUNTAlNVIEW TOWNHOMES ADDmON located in Alpine, Lincoln County, Wyoming. RECITALS: a. The Original Declaration of Covenants, Conditions and Restrictions for Mountainview Townhomes Addition is filed in Book 535 at Page 691 as Receiving No. 893672 in the Lincoln County Clerk's Office, Kemmerer, Wyoming (the "Original Declaration"); b. That pursuant to Section 10 of the Original Declaration, "These covenants may be amended by a written instrument signed by seventy-five percent (75%) of the owners."; c. That Jon Klaczkiewicz ("Klaczkiewicz") is the owner of Units 1, 2, 3 & 4 of Mountainview Townhomes Addition to the Town of Alpine, Wyoming, according to that plat filed September 23,2003 as Plat No. 163-C in the Lincoln County Clerk's Office, Kemmerer, Wyoming; d. That CK Jackson Holdings, LLC ("Jackson") is the owner of Units 5, 6 & 7 of Mountainview Townhomes Addition to the Town of Alpine, Wyoming, according to that plat filed September 23,2003 as Plat No. 163-C in the Lincoln County Clerk's Office, Kemmerer, Wyoming; e. That Klaczkiewicz and Jackson (hereinafter collectively referred to as the "Declarant") represent all of the owners of Mountainview Townhomes Addition to the Town of Alpine, Wyoming, according to that plat filed September 23, 2003 as Plat No. 163-C in the Lincoln County Clerk's Office, Kemmerer, Wyoming (sometimes referred to as the "Subdivision"); f. That the Declarant now wishes to amend and restate the Original Declaration; NOW, THEREFORE, the Declarant does hereby publish and declare that the following to be the First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Mountainview Townhomes Addition which shall be deemed to run with the land, shall be a burden and a benefit to the Declarant, and its successors and assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise: "Unit" means an individual town home as shown on the recorded map or maps for this Subdivision, filed or to be filed by Declarant, together with all fixtures and improvements. "Owner" shall mean the record owner, whether one or more persons and/or entities, of recorded title to the full and exclusive use of a specific town home unit, including contract buyers of record but excluding mortgagees, contract sellers or others having such interest merely as security for the performance of an obligation. "Owner" shall mean all of the owners of a particular town home unit collectively and shall be jointly regarded as a single Owner for purposes of this Declaration. Any owner of an equity interest of record in a town home unit, and any partner, officer or shareholder of an entity that is an owner of record, may be treated by the Association as the representative of all the ownership of such town home unit for pwposes of giving notices, voting and other matters. FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 1 OF 16 00&436 "General common areas" and "limited common areas" shall be designated as such on the applicable plat maps for the Subdivision. References herein to "common areas" are references to the general common areas. "Common expense" means expenses for Subdivision maintenance, repair, operation, management and administtation detennined in accordance with this Declaration. "Association" means Mountainview Townhomes Addition Homeowners' Association, Inc. and its successors. "Management Committee" means the board of directors of the Association. 2. SCOPE OF SUBDIVISION. The Subdivision consists of seven (7) town home units, constructed or to be constructed, common areas, and parking areas for the town home units and common areas. 3. MAPPING. Declarant reserves the right to amend the plat maps, from time to time, to conform the same according to the actual location of any of the constructed improvements and to establish, vacate, and relocate utility easements, access road easements, and on-site parking areas. 4. DMSION OF PROPERTY INTO TOWN HOME UNITS. The real property described above and any amendment thereto, and the improvements located or to be located thereon, has been platted for division into separate fee simple estates, each such estate consisting of a separately designated unit and the undivided percentage or fractional interest in and to the common areas for each unit as set forth in Exhibit A hereto and any amendments thereto. Each town home unit, the appurtenant undivided interest in the general common areas, and the appurtenant limited common areas shall together compromise one town home unit, shall be inseparable, and may be conveyed, leased, devised, or encumbered only as a town home unit. Every contract for the sale of a town home unit written prior to the filing for record of a map or maps may legally describe a town home unit by its identifying unit designation, followed by the name of this Subdivision, with further reference to the map or maps thereof and to this Declaration to be filed for record. Subsequent to the filing of the map or maps and the recording of this Declaration, every deed, lease, mortgage, trust deed, will, or other instrument may legally describe a town home unit by its identifying the town home unit designation, followed by the name of this Subdivision, with further reference to the map or maps thereof filed for record and this recorded Declaration. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber, or otherwise affect not only the town home unit but also the general common areas and the limited common areas appurtenant thereto. Each such description shall be construed to include a non-exclusive easement from ingress and egress to an owner's town home unit and use of all of the general common areas together with the right to the use of the appurtenant limited common areas. The initial deeds conveying each town home unit may contain reservations, exceptions, and exclusions that the Declarant deems to be consistent with and in the best interest of all owners. 5. COMMON AREAS AND LIMITED COMMON AREAS. All of the owners of town home units in this Subdivision shall have a nonexclusive right in common with all of the other town home owners to the use of sidewalks, pathways, roads, and streets located within the Subdivision. No reference thereto, whether such common areas are exclusive or non-exclusive, need be made in any deed, instrument of conveyance, or other instrument. The water well and lines, septic system, propane and other utilities are a part of the common areas. Portions of the general common areas are reserved for the exclusive use of the individual owners, and such areas are referred to as "limited common areas". Those limited common areas so reserved shall be identified on the map or maps. Any balcony, patio, or deck that is accessible from, associated with and which adjoins a town home unit, without further reference thereto, either herein or on the map or maps, shall be used in connection with such town home unit to the exclusion of the use thereof by the other owners of the general common areas, except by invitation. 6. PARKING SPACES. Parking areas and related facilities shall be under the control of the Declarant until construction of town home units in the Subdivision has been fully FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 2 OF 16 OOô431(~ completed. Thereafter, parking areas shall be under the control of the Management Committee. Only two vehicles per town home unit will be permitted. 7. SEPARATE ASSESSMENT AND TAXATION. Each town home unit and the undivided interest in the common areas appurtenant thereto shall be deemed a separate tax parcel and subject to separate assessment and taxation. 8. OWNERSHIP AND TITLE. A town home unit may be held and owned in any real property tenancy relationship recognized under the laws of the State of Wyoming. 9. NON·PARTITIONABILITY. The common areas shall be managed by the Association in common for all of the owners and shall remain undivided, and no owner shall bring action for partition or division of the common areas. Nothing contained herein shall be construed as a limitation of the rights of partition of a town home unit between the owners thereof, but such partition shall not affect any other town home unit. 10. USE OF COMMON AREAS. Each owner shall be entitled to exclusive usage and possession of his or her town home unit and any related limited common areas, subject to the rights of the Management Committee as set forth herein. Each owner may use the general common areas in accordance with the purpose for which those general common areas are intended, without hindering or encroaching upon the lawful rights of the other owners. The exclusive right to repair, maintain and replace town home units is reserved to the Management Committee as provided herein, and the express written approval of the Management Committee is required for any improvement, painting, fencing, repair or alteration carried out by an town home owner unless otherwise permitted in this Declaration. Only single- family residential use shall be permitted. A town home unit may be used and occupied by the owner, his or her family and their guests and invitees; provided, however, that such use and occupancy shall be limited to private, single family residential purposes only. The use of a unit for more than thirty (30) days at a time by four (4) or more unrelated individuals is prohibited. Any time-sharing or any other similar arrangement, whereby the use of a unit is in effect allocated between different persons for separate repeating time intervals, is expressly prohibited. Conformity with all applicable land use regulations of the Town of ALPINE shall be required in addition to the requirements of this Declaration and any rules and regulations created by the Association pursuant to this Declaration. In case of any conflict among rule or regulations, the more stringent requirement shall govern. No commercial, industrial or other non-single- family residential use whatsoever shall be permitted in any town home unit, with the exception of uSeS for an art studio, workshop, private office, and such other endeavors not requiring access to the Subdivision by the general public, employees, independent contractors, or business invitees in a manner which would adversely impact the Subdivision. The Management Committee may impose restrictions on uses consistent with this Declaration. 11. USE AND OCCUPANCY BY DECLARANT. The Declarant and Declarant's employees, representatives, agents, and contractors may maintain a business and sales office, construction facilities and yards, model units, and other developer's facilities necessary or desirable to Declarant until the construction and sales of all town home units has been completed. 12. ADDITIONAL RESTRICTIONS. The following additional restrictions are applicable to the town home units and common areas. Each reference to "owners" includes their tenants and invitees. B. KEEPING OUTSIDE AREAS CLEAN AND SIGHTLY. All owners shall keep their town home units in a reasonably clean, safe, sightly and tidy condition. No clotheslines are allowed. Any tires, lawnmowers, garden equipment, children's toys, and other similar items must be stored and appropriately screened from the public view when not in use. No antennas or television satellite dishes in excess of twenty-four inches (24") in diameter, or FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 3 OF 16 00D438 other items may be placed in public view or upon any of the common areas or units without the express written consent of the Management Committee. Refuse, garbage and trash shall be kept at all times in a covered container, and such covered container shall be screened from view at all times other than a specified regular time for garbage pick-up. The parking of recreational vehicles, motor homes, trailers, boats, snow mobiles, camper bodies, and inoperative vehicles shall be limited to the areas designated for such vehicles. The Management Committee shall have full power and authority to regulate the parking and storage of cars, trucks, bicycles, motorbikes, motorcycles and other similar vehicles and equipment, and to regulate the use of ûOü439 roadways by imposing and enforcing speed limits and other restrictions, all with full power and authority to impose and enforce (by special assessments hereunder or otherwise) fines and other penalties for violations of such regulations. b. OBSTRUCTION OF COMMON AREAS. Owners shall not obstruct common areas. Owners shall not place or store anything within the common areas without the prior written consent of the Management Committee or its designee except in a facility specifically designated or approved for such storage. c. forbidden. NO FIREWORKS. The discharge of firearms, fIrecrackers or fireworks is d. SIGNS. Without prior written consent of the Management Committee, no owner shall pennit any sign of any kind to be displayed to the public view from their town home unit or from appurtenant common areas. Said restriction shall not apply to the Declarant during the construction or sales period or to traffic signs, unit designations, project designations, or similar signs displayed by the Declarant e. ANIMALS. No owners shall pennit animals of any kind to be raised, bred or kept in their town home unit other than those pennitted by this paragraph. An owner may keep up to one (1) dog and one (I) cat with the pennission of the Management Committee. An owner may keep other small pets inside their town home unit on a reasonable basis, subject, however, to the limitations set forth herein and to rules and regulations adopted by the Management Comrnittee from time to time. Any animals pennitted to be kept in the Subdivision shall be restrained and controlled at all times so that they do not cause a nuisance to other town home unit owners and do not harass or endanger wildlife. Occupants of a town home unit and the owners thereof shall be responsible for the immediate removal and sanitary disposal of waste left by their pets and those of guests within the Subdivision. f. LIMITATIONS ON CERTAIN ACTMTIES. No owner shall pennit any obnoxious, illegal, offensive activity, or nuisance to be carried on, in, or around that owner's town home unit or in the common areas. No light shall be emitted or reflected from any town home unit that is unreasonably bright or causes unreasonable glare for any adjacent town home unit owner. No unreasonably loud or annoying noises, or noxious or offensive odors shall be emitted from any town home unit. The Management Committee shall have sole authority to determine what is reasonable or unreasonable under this paragraph. g. ARCIllTECTURAL CONTROL. Except as otherwise expressly provided herein, no building, fence, wall, driveway, excavation, or improvement of any kind shall be commenced, erected, or maintained in the Subdivision, nor shall the exterior of any town home unit be added to or changed or altered in any manner whatsoever (including without limitation any closing in of a porch or balcony) by any owner other than Declarant, until the plans and specifications therefor, showing the nature, kind, shape, height, materials, and location of the same, shall have been submitted to and approved in writing by the Management Comrnittee. No such change shall be allowed that is not compatible with the hannony of the external design and location in relation to sUlTOunding structures of the town home units and the topography, quality, and appearance of the Subdivision. h. COMPLIANCE WITH COMMON AREA RULES AND REGULATIONS. No owner shall violate any rules and regulations for the use of common areas that are adopted by the Management Committee and provided in writing to owners as provided in this Declaration. Fines and other penalties for violations thereof may be imposed and enforced (by special assessment or otherwise) by the Management Committee for vÍolations of such common area FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 4 OF 16 rules and regulations. An owner shall be held responsible for the acts of ills or her tenants and invitees that violate common area rules and regulations. 13. EASEMENTS FOR ENCROACHMENTS. If any portion of the common areas encroaches upon town home units, a valid easement for such encroachment and for the maintenance of same, so long as it stands, shall and does exist. 14. THE ASSOCIATION. The individual town homes and related common areas in the Subdivision will be managed and maintained by a Wyoming Nonprofit Corporation serving OOó440 as the association of town home owners as provided herein. a. MEMBERSIDP. Each owner shall belong to the Association by virtue of owning deeded rights to a town home unit in the Subdivision. By the sale or other transfer of deeded rights to a town home unit, the transferring owner's membership in the Association shall be ipso facto transferred to the transferee of such town home unit. b. ANNUAL MEETING. There shall be an annual meeting of the Association to be held in each calendar year, at allocation witilln the Subdivision, or at another designated place, and on such date and time as may be designated by written notice of the Management Committee to all owners. Such notice shall be given in writing not less than fifteen (15) days prior to the date set for said meeting. At the annual meeting, the Management Committee shall present an audit or financial review of the common expenses, itemizing receipts and disbursements for the preceding calendar year, the allocation thereof to each town home owner, and the estimated common expenses for the coming calendar year. c. SPECIAL MEETINGS. Special meetings of the Association may be held at any time, either upon the call of owners representing not less than twenty-five percent (25%) of the town home units in the Subdivision, or upon the call of a majority of the Management Committee. Upon such call, or the receipt of such call, the Management Committee shall send out written notices of the meeting to all town home owners, provided that such notice shall be sent not less than fifteen (15) days prior to the date for said meeting, and shall specify the date, time, place, and purpose for said meeting. d. NOTICE OF MEETINGS. A written or printed notice of every meeting of the Association stating whether it is an annual meeting or special meeting, the authority for the call of the meeting, the place, day, and hour thereof and the purpose therefore shall be given by the Management Committee at least fifteen (15) days before the date set for such meeting. Such notice shall be given to each town home owner in any of the following manners: (i) by personal delivery to the owner at ills or her town home unit, (ii) by personal delivery to the owner at ills or her usual place of business, or (ill) by mail, postage prepaid, address<:d to such owner at his or her address of record in the records of the Management Committee. e. WAIVER OF NOTICE. The presence of all town home owners, either in person or by proxy, at any Association meeting shall be deemed a waiver of any defect in the notice of the meeting, as required herein. Any meeting so held, notwithstanding the fact that no notice of meeting was given or that the notice given was improper, shall be valid for all purposes. At such meeting, any general business may be transacted and any action may be taken. f. QUORUM. At any meeting of the Association, those present in person or by proxy, whose aggregate interest in the town home units constitutes a majority of the aggregate interests of all owners in the town home units in the Subdivision, shall constitute a quorum. Once such quorum is present, the concurring vote of a majority of those present on any matter shall be valid and binding upon all owners unless otherwise expressly provided by this Declaration. The Association may also act without a meeting by written consent of a majority of the aggregate interests of all owners in the town home units in the Subdivision. Whenever in this Declaration the consent or approval of owners is required, such approval or consent shall be given pursuant to this paragraph at a meeting of the Association or by a written consent, unless otherwise specifically provided herein. g, VOTING. Any person or entity or combination thereof, owning any town home unit in this Subdivision, as shown by a duly recorded deed, as detennined by the records of the FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAJNVIEW TOWNHOMES ADDmON PAGE 5 OF 16 Management Committee, shall be entitled, either in person or by proxy, to cast one vote per town home unit at meetings of the Association. Any provision to the contrary notwithstanding, co- owners or joint owners shall be deemed to be one owner entitled to one vote. Any proxy given by an owner to another to represent such owner at meetings shall be in writing, shall be signed by such owner, or if a unit is jointly owned, then by all joint owners, or if such owner is a corporation, by the proper officer thereof, and shall be filed with the Management Committee. Unless linùted by its terms, such proxy shall be deemed good until revoked in writing. An executor, administrator, guardian, or trustee may vote in person or by proxy with respect to any town home unit owned or held by him or her in such capacity, whether or not the same shall have been transfeITed to his or her name by a duly recorded conveyance; provided, however, that reasonable evidence of such capacity must first be offered to satisfaction of the Management Committee. Whenever any town home unit is owned by two (2) or more jointly, as detennined by the records of the Management Committee, the vote therefor may be exercised by anyone of the owners present in the absence of protest by the other owner or owners. h. ADJOURNMENT. Any meeting of the Association may be adjourned from time to time to such place and time as may be detennined by a majority vote of the members present, whether a quorum be present or not, in accordance with the notice provisions of this Declaration. i. F1SCAL YEAR. The fiscal year of the Association shall begin on January 1 and shall end on December 31 of each year, or as otherwise determined by the Management Committee. 15. MANAGEMENT COMMITTEE. a. CREATION AND PURPOSE. There is hereby created within the Association a Management Committee consisting of three (3) members. Subject to (b) below, each member of the Management Committee should be an owner (or a duly authorized representative of an owner which is an entity) of a town home unit in this Subdivision at all times during his or her tenure. The purposes of the Management Committee shall be to govern the affairs of the Subdivision on behalf of the Association as its board of directors. b. INTERIM COMMITTEE. Appointees of the Declarant need not be owners of town home units. As noted in (k) below, until a date that is three (3) years from the date of recordation of this Declaration, the Declarant shall have the option to appoint and remove all the members of the Management Committee. c. TERM. The Management Committee members shall serve staggered tenns of three (3) years each, with the initial three (3) member's tenns being for one (1), two (2), and three (3) years. Each member of the Management Committee shall hold office until the next applicable annual meeting of the owners and until his or her successor shall have been elected and qualified, or until death, resignation, or removal, if one of the latter events occurs sooner; provided however, that if any member ceases to be an owner or a duly authorized representative of an owner which is an entity, then, his or her membership on the Management Committee shall thereupon automatically terminate. d. CUMULATIVE VOTING. At any election of Committee members, the vote attributable to each town home unit may not be accumulated by the owner thereof. e. RESIGNATION AND REMOVAL. At any regular meeting or special meeting duly called, anyone or more of the members of the Management Committee may be removed with or without cause by a majority vote of the owners and a successor may then and there by elected to fiU the vacancy thus created. Any member whose removal has been proposed shall be given an opportunity to be heard at the meeting. Any member may resign at any time by giving ten (10) days written notice to the Management Committee. f. VACANCY. Any vacancy in the Management Committee occurring during a member's tenn shall be filled for the balance of that member's tenn by appointment made by the Management Committee. g. PROCEEDINGS. If all members of the Management Committee are present, a majority vote shall be the act of the Management Committee; however, two (2) members of the FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 6 OF 16 000441. Management Committee shaU constitute a quorum, and, if a quorum is present, the unanimous decision of those present shall be the act of the Management Committee. The Management Committee shall elect a chairman to preside over its meetings and those of the Association. Minutes of the meetings of the Management Committee shall be maintained and available for inspection by any owner. Meetings of the Management Committee may be called, held, and conducted in accordance with such regulations as the Management Committee may adopt. The Management Committee may also act without a meeting by unanimous written consent of its members. h. REGULAR MEETINGS. Regular meetings of the Management Committee may be held at such time and place as shall be determined, from time to time, by a majority of the Management Committee. Notice of regular meetings of the Management Committee shall be given to each member, personally or by mail, or by telephone, at least five (5) days prior to the day named for such meeting. i. SPECIAL MEETINGS. Special meetings of the Management Committee may be called by its chairman on five (5) days written notice to each member, given personally, by mail, or by telephone, which notice shall state the time, place, and purpose of the meeting. j. WAIVER OF NOTICE. Before or at any meeting of the Management Committee, any member may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance of a member at any meeting of the Management Committee shall be a waiver of notice by him or her of the time and place thereof. If all the members are present at any meeting of the Management Committee, no notice shall be required and any business may be transacted at such meeting. k. INITIAL CONTROL PERIOD. Until a date that is three (3) years from the date of recoxdation of this Declaration, the Declarant shall have the option to appoint and remove all members of the Management Committee, to appoint and remove all officers of the Association, and to exercise the powers and responsibilities otherwise assigned by the Declaration to the Association. Declarant shall have the option at any time, by an express written declaration, to turn over to the Association the total responsibility for electing and removing members of the Management Committee and the officers. 16. POWERS AND DUTIES OF MANAGEMENT COMMITTEE. Subject to the rights of the Declarant, the Management Committee shall have the powers and duties necessary for the administration, operation, and maintenance of the Subdivision. Such powers and duties of the Management Committee shall include, but shall not be limited to, the following, all of which shall be done for and on behalf of the owners of the town home units: a. To administer and enforce the covenants, restrictions, easement, conditions, uses, limitations, obligations, and all other provisions set forth in this Declaration. b. To establish, make, and enforce compliance with such rules and regulations (including without limitation enforcement provisions such as fines) as may be necessary for the operation, occupancy, and peaceful and orderly use and enjoyment of the town home units and common areas of this project, with the right to amend said rules and regulations from time to time. c. T9 incur such costs and expenses as may be necessary to keep in good order, condition, and repair all of the common areas and all items of common personal property of the Subdivision. ! d. Td insure and keep insured all of the town home units and all insurable common areas of the Su~division and all of the Common fixtures, equipment, and personal property against loss due I to fire, extended coverage perils, vandalism and malicious mischief, in an amount equal tQ the full insurable replacement costs. Further, to obtain and maintain comprehensive Rublic liabílíty insurance covering the entire Subdivision and insuring the Management Corhmittee and the Manager, if any. I e. To prepare a budget for the project, at least annually, in order to determine the amount of the assessments payable by the owners to meet the common expenses of the project, FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 7 OF 16 ûOú442 and allocate and assess such common charges among the owners on a unit by unit basis, and by majority vote of the Management Committee to adjust. decrease, or increase the amount of the quarterly or monthly assessments, and remit or return any excess of assessments over expenses, working capital, sinking funds, reserve for deferred maintenance and for replacement, to the owners at the end of each operating year. f. To levy one or more special assessments upon all owners in the same manner as general assessments whenever the general assessments shall appear to the Management Committee to be insufficient to enable it to carry out its obligations in connection with the opemtion of the project. or whenever the Management Committee is required to make an expenditure under or in connection with the Declaration for which there are not sufficient funds available in the maintenance fund. One or more special assessments may be levied by the Management Committee upon less than all owners when permitted by this Declaration. Unless the Management Committee otherwise notifies the owner or owners against whom a special assessment has been levied, the special assessment is payable in full on the date specified in the notice of the levy. g. To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an owner as is provided in this Declaration, and to enforce a late charge of five percent (5%) of an amount in default and to collect interest at the rate of eighteen percent (18%) per annum in connection with assessments in default, together with all expenses, including reasonable attorney's fees incurred. h. To protect and defend on behalf of the Subdivision any part or all of the Subdivision from loss and damage by suit or otherwise. i. To borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of this Declaration, and to execute all such instruments evidencing such indebtedness as the Management Committee may deem necessary and give security thereof; provided, however, that his provision shall not be deemed to give the Management Committee the power or right to place any liens on any units. Such indebtedness shall be the several obligations of all of the owners. j. To enter into contracts to carry out their duties and powers. k. To establish a bank account or accounts for the common treasury and for all separate funds which are required or may be deemed advisable. I. To make all repairs and do all maintenance to the common areas and the exteriors of the town home units. ID. To keep and maintain full and accurate books and records showing all of the receipts, expenses, and disbursements, and to permit examination thereof at any reasonable time by any owner. D. To prepare and deliver annually to each owner a statement showing receipts, expenses, and disbursements since the last such statement. o. To meet at least once each year. p. To designate the personnel necessary for the maintenance and operation of the general and linùted common areas. q. fu general, to carry on the administration of the project and to do all things necessary and reasonable in order to carry out the governing and the operation of the project. r. To control and manage the use of all parking areas. 17. MANAGER. The Management Committee may hire a Manager. The Manager shall have and exercise such powers as are granted to the Management Committee hereunder (and any power herein delegated to the Management Committee shall be exercisable by the FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOUNTAINVffiW TOWNBOMES ADDmON PAGE 8 OF 16 OOö443 Manager), but said Manager shall be directly responsible to, and under the control of, the Management Committee. 18. NO WAIVER. The omission or failure of the Management Committee, the Manager, or any owner to enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations, or other provision of this Declaration, or the rules and regulations adopted pursuant thereto, shall not constitute or be deemed a waiver, modification, or release thereof, and the Management Committee, the Manager, or any owner shall have the right to enforce the same thereafter. 19. COMPENSATION. No member of the Management Committee shall receive any compensation for acting as such. 20. ACCOUNTS. The funds and expenditures of the unit owners shall be credited and charged to accounts under the following classifications as shall be appropriate, all of which expenditures shall be common expenses: a. Current expense, which shall include all funds and expenditures within the year for which the funds are budgeted, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves or to additional improvements. b. Reserve for deferred maintenance, which shall include funds for maintenance items which occur less frequently than annually. c. Reserve for replacement, which shall include funds for repair or replacement required because of damage, wear, or obsolescence. 21. INDEMNIFICATION. Contracts or other commitments made by the Management Committee or the Manager shall be made as agent for the Association, and the owners shall have no personal responsibility on any such contract or commitment (except as owners under Section 31 hereof). Every member of the Management Committee shall be indemnified by the Association against all reasonable costs, expenses, and liabilities (including reasonable legal fees) actually and necessarily incurred by or imposed upon him or her in connection with any claims, action, suit, proceeding, investigation, or inquiry of whatever nature in which he or she may be involved as a party or otherwise by reason of having been a member of the Management Committee whether or not such individual continues to be a member of the Management Committee at the time of incurring or imposition of such costs, expenses, or liabilities, except willful misconduct, or gross negligence, or malfeasance toward the owners in the perfonnance of duties. The foregoing right of indemnification shall be in addition to and not in limitation of all rights to which such persons may be entitled as a matter of law and shall inure to the benefit of the legal representatives of such person. 22. EXCULPATION. No member of the Management Committee shall be liable for the acts or defaults of any other member, or for any loss sustained by the owners as a result thereof, unless the same has resulted from his or her own willful misconduct. 23. EXAMINATION OF BOOKS. Each owner and each mortgagee of a town home unit shall be permitted to examine the books of account of the Association at reasonable times. 24. MECHANIC'S LIEN. Every owner agrees to indemnify and to hold each of the other owners harmless from any and all claims of mechanic's liens and all costs and expenses, including attorney's fees, due to such liens filed against other town home units and the general and limited common areas for labor, materials, services, or other products incorporated in the owner's town home unit. 25. RESERVATION FOR ACCESS. The Association shall have the irrevocable right, to be exercised by the Management Committee or the Manager, to have access to each town home unit from time to time during reasonable hours as may be necessary for the maintenance, repair, replacement, or for making emergency repairs therein necessary to prevent damage to the common areas or to another town home unit. Damage to the interior or any part of a town home unit resulting from the maintenance, repair, emergency repair, or replacement of FIRST AMENDED AND RESTATED DECLARA nON OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE II OF 16 000444 any of the general or limited common areas or as a result of emergency repairs within another town home unit, at the instance of the Management Committee or the Manager, shall be a common expense of all the owners unless such damage is the result of the misuse or negligence of an owner or such owner's invitees, guests or representatives, in which case such expense shall be charged to such owner. 26. MAINTENANCE RESPONSmILITIES. As noted in this Declaration, the maintenance and repair of the exterior of town home units shall be the responsibility of the Association, not individual owners. An owner shall maintain and keep in good repair the interior of his or her own unit, including the fixtures, window glass, doors, appliances and interior paint. All fixtures and equipment installed within the unit commencing at a point where the utilities enter the unit shall be maintained and kept in repair by the owner thereof. The owner must repair items such as paint and sheet rock that are damaged by unit occupants unless the damage is caused by casualty (such as fire) and the repair-cost is covered by insurance of the Association. An owner shall do no act nor perfonn any work that will impair the structural soundness or integrity of the town home unit or impair any easement or hereditament. An owner shall also keep any common area appurtenant to his or her town home unit in a clean and sanitary condition. An owner shall be responsible for the cost of repairs for damage caused by the negligence of the owner or any occupant of the town home unit to the extent that such costs are not covered by the Association's insurance (such as the deductible amount). All other costs of maintenance or repairs to the common areas and exterior of the town home units shall be carried out by the Management Committee and shall be a common expense of all of the owners. As noted in Section 32, owners are required to maintain their own insurance against certain risks and to require renter's insurance as appropriate. Declarant shall not be liable for the costs of maintenance, repair or replacement of any town home units or other improvements. 27. COMPLIANCE. Each owner shall comply strictly with the provisions of this Declaration and the decisions and resolutions of the Management Committee adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all attorney's fees incurred in connection therewith, which action shall be maintainable by the Management Committee or the Manager in the name of the Association on behalf of the owners or, in a proper case, by an aggrieved owner. 28. RESTRICTIONS RELATING TO INSURANCE COVERAGE. Without the prior written consent of the Management Committee, nothing shall be done, kept or pennitted to exist in any town home unit or in the common area that will result in an increase in the rate of insurance therein. No owner shall pennit anything to be done or kept in his or her town home unit that will result in the cancellation of insurance covering the Subdivision or any part thereof, or which would be in violation of any law. 29. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall not be revoked unless all of the owners and all of the holders of any recorded first mortgage or first deed of trust covering or affecting any or all of the town home units unanimously consent and agree to such revocation by instrument duly recorded. This Declaration shall not be amended unless the owners of the units consent and agree to such amendment by instrument duly recorded and attested by the Management Committee of the Association, provided that revocation of this Declaration shall always require the consent of all holders of any recorded first mortgages. 30. ADDITIONS, ALTERATIONS, AND IMPROVEMENTS. The Declarant retains full authority to further improve the Subdivision and add to and utilize the common areas. 31. ASSESSMENTS. The making and collection of assessments of any nature from owners for their share of common expenses (detennined pursuant to this Article and the other applicable provisions of this Declaration) shall be carried out by the Management Committee in accordance with the following provisions: a. WHEN ASSESSMENTS COMMENCE. Assessments for any town home unit shall commence on the applicable date specified by the Declarant, but not later than the date of closing of a sale of a completed town home unit by Declarant. FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVlEW TOWNHOMES ADDmON PAGE 10 OF 16 û0044S b. SHARES OF COMMON EXPENSES. Each owner of a town home unit shall be responsible for an equal proportionate share of all General Common Expenses. Such "General Common Expenses" include the following services obtained by the Association: road maintenance, parking space maintenance and snow removal services, trash collection, utility line maintenance, cable television services, landscaping, installation and maintenance of walkways, security systems and security personnel and equipment, common area facilities installation and maintenance, and a portion of the cost of the administration of the landscaping, improvement, and operation of the property (including accounting, legal, equipment, personnel and overhead); and all expenses of the Association for insurance, maintenance, repair, operation, landscaping, improvement management and administration. Such General Common Expenses shaIl be the responsibility of all owners and shall be shared by all owners on an equal unit-by-unit basis. The Management Committee, in its discretion, may bill specific owners for specific services (such as cable television services, or repairs for damage caused by the negligence of an owner or invitees to the extent uninsured), as a special assessment against the applicable owner and that owner's unit. It is expressly understood that the provision of certain services, such as cable television, mayor may not be provided by the Association and is subject to the discretion of the Management Committee, and that certain services, such as water and sewer services, may be provided by other entities. At the time of the filing of these covenants, each unit has not been completed nor occupied. Until such units are completed and/or occupied, the General Common Expenses for such incomplete and/or unoccupied unit shall be abated. Once the unit js complete and/or occupied, the owner of said unit shall be responsible for an equal proportionate share of the General Common Expenses as outlined above. c. RIGHT TO COLLECT FROM TENANT. If an owner shaIl, at any time, lease his or her unit and shall be in default for a period of one (1) month or more in the payment of assessments or other charges, the Management Committee may, at its option, so long as such default shall continue, demand and receive from any tenant or subtenant of the owner the rent due or becoming due, and the payment of such rent to the Management Committee shall discharge such tenant or subtenant from the obligation for rent to the owner and the owner from his obligation to the Association, to the extent of the amount so paid. The Management Committee shaIl be fully entitled to demand and receive a copy of the applicable lease agreement. 32. INSURANCE. The Management Committee, or Manager, shaIl obtain and maintain at all times insurance of the type and kind stated in this Declaration, and including, at the discretion of the Management Committee, risks of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to other subdivisions similar in use, issued by responsible insurance companies authorized to do business in Wyoming. The fire and extended coverage insurance, including vandalism and malicious mischief, to be maintained as to the town home units shall also cover all fixtures, interior walls, and partitions, decorated and finished surfaces of perimeter walls, floors, and ceilings, doors, windows and other elements or materials comprising a part of the town home units. The insurance shall be carried in blanket policy fonn naming the Management Committee as the insured, as attorney-in. fact for all of the town home unit owners, at their common expense, which policy or policies shall contain a standard non- contributory mortgage clause in favor of each first mortgagee, and a non·cancellation clause (whether or not requested by the owners of the town home units) providing that such policy or policies may not be cancelled except upon thirty (30) days prior written notice thereof to the Management Committee, each first mortgagee, and every other person in interest who shall have requested such notice of the insurer. The Management Committee, or the Manager, shaIl also obtain and maintain public liability insurance insuring each member of the Management Committee, the Manager, if any, the Association, and the owners against any liability to the owners or any other person incident to the ownership of or use of the Subdivision or any part thereof. Limits of liability under such insurance shall not be less than Five Hundred Thousand Dollars ($500,000.00) for anyone person injured, One Million Dollars ($1,000,000.00) for each occurrence, and Five Hundred Thousand Dollars ($500,000.00) for property damage for each occurrence. It is expressly contemplated that the Management Committee may, in its discretion, obtain insurance with higher limits and insurance against risks (such as earthquake damage) which are not specifically referred to herein. The Management Committee may also obtain insurance with relatively high deductibles. Owners shall carry their own insurance (and to require renters insurance for rental units) to cover potential liability for payment of damages, FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNBOMES ADDmON PAGE 11 OF 16 ûOû446 such as the deductible amounts, which are not insured by the Association. All insurance policies obtained by the Association shall be reviewed at least annually by the Management Committee. Each owner, upon becoming an owner, shall be deemed to have constituted and appointed, and does hereby so constitute and appoint the Management Committee as his or her true and lawful attorney-in-fact to act in all matters concerning the purchase and maintenance of all types of property and liability insurance pertaining to the Subdivision. Each owner does further hereby agree, without limitation on the generality of the foregoing, and each mortgagee, upon becoming a mortgagee or holder (as trustee or as beneficiary) of a deed of trust of a town home unit does hereby agree, that the Management Committee, as attorney-in-fact, shall have full power and authority , in addition to the powers above given, to purchase and maintain such insurance, and remit premiums therefor, to collect proceeds and to use the same, and distribute the same to the Management Committee, owners and mortgagees, as their interests may appear, all pursuant to and subject to applicable statutes and the provisions of this Declaration, and to execute all documents and do all things on behalf of each owner and the Management Committee as shall be necessary or convenient to the accomplishment of the foregoing. 33. OWNER'S PERSONAL OBLIGATIONS. The amount of the common expenses assessed against each town home unit shall be the personal and individual debt of the owner{s) thereof. No owner may exempt himself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas or by abandonment of his or her town home unit. Both the Management Committee and the Manager shall have the responsibility to take prompt action to collect any unpaid assessment that remains unpaid more than twenty (20) days from the due date for payment thereof. In the event of default in the payment of an assessment, the owner shall be obligated to pay interest on the amount of the assessment from the due date thereof, together with all expenses incurred, including attorney's fees, together with such late charges and interest as are provided in this Declaration. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same. 34. FORECLOSURE OF LIEN. In the event that a lien is created on a town home unit for unpaid common expenses, the Management Committee or the Manager shall prepare a written notice indicating the amount of such unpaid indebtedness, the name of the owner or owners, and a description of the town home unit. Such notice shall be signed by a member of the Management Committee or by the Manager, and shall be recorded in the Office of the County Clerk of Lincoln County, Wyoming. Such lien shall attach from the due date of the assessment. In any suit to foreclose the lien against any owner of a town home unit, the Management Committee may represent itself in like manner as any mortgagee of real property. The Management Committee, acting on behalf of the owners, shall have the power to bid and acquire such town home unit at a foreclosure sale, and to lease, mortgage, vote the votes appurtenant to convey, or otherwise deal with the same. The delinquent owner shall be required to pay the costs and expenses, including attorneys' fees, for the f1ling of any lien, and any foreclosure proceedings related thereto, as well as to pay a reasonable rent for the snbject town home unit until sale or foreclosure. Suit to recover a money judgment for unpaid common expenses shall be maintainable with all costs and reasonable attorney's fees without foreclosing or waiving the lien securing the same. Any encumbrancer holding a lien on a town home unit may pay any unpaid common expenses payable with respect to such town home unit, and upon such payment such encumbrancer shall have a lien. The holder of any mortgage or first deed of trust which is prior to lUÍy assessment lien, upon becoming any owner of a town home unit, pursuant to foreclosure, conveyance in lieu of foreclosure, or otherwise, shall be subject to all assessments, and the lien thereof, made after such holder becomes such owner of a town home unit. 35. MORTGAGES. An owner shall have the right from time to time to mortgage or encumber his or her interest by deed of trust, mortgage, or other security instrument. The owner of a town home unit may create mortgages, liens, or encumbrances subject to the following: any such conditions, covenants, restrictions, uses, limitations, obligations shall be subject to the lien for common expenses and other obligations created by this Declaration; and the mortgagee under any mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged town home unit, all of his or her right, title, and interest in and to the proceeds under all insurance policies upon the unit and project. Such release shall be funùshed forthwith by a FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 12 OF 16 Ü0Ú1447 mortgagee upon written request of one or more of the members of the Management COD1ßÙttee, and if such request is not granted, such release may be executed by the Management COD1ßÙttee as attorney-in-fact for such mortgagee. 36. RECONSTRUCTION. This Declaration does hereby make mandatory the irrevocable appointment of an attorney-in-fact to deal with all improvements within the Subdivision upon destruction, for repair, reconstruction, or obsolescence. Title to any town home unit is declared and expressly made subject to the tenus and conditions hereof, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or from any owner or grantor shall constitute appointment of the attorney-in-fact herein provided. All of the owners irrevocably constitute and appoint the Management Committee their true and lawful attorney-in-fact, to act in their name, place, and stead for the purposes of dealing with the improvements upon destruction or obsolescence as is hereinafter provided. As attorney-in-fact, the Management COD1ßÙttee shall have full and complete authorization, right, and power to make, execute, and deliver any contract, deed, or any other instrument with respect to the interest of an owner that is necessary and appropriate to exercise the powers herein granted. Repair and reconstruction of improvements as used in the succeeding subparagraphs means restoring improvements to substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Management COD1ßÙttee for the purpose of repair, restoration, reconstruction, or replacements unless the owners and first mortgagees agree not to build in accordance with the provisions set forth hereinafter. a. In the event of damage or destruction due to fIre or other disaster, the insurance proceeds, if suffIcient to reconstruct improvements, shall be applied by the Management COD1ßÙttee, as attorney-in-fact, to such reconstruction, and improvements shall be promptly repaired and reconstructed. The Management COD1ßÙttee shall have full authority, right and power, as attorney-in-fact, to cause the repair and restoration of the improvements. b. If the insurance proceeds are insufficient to repair and reconstruct improvements, and if such damage is to one-third (1/3) or fewer town home units, such damage or destruction shall be promptly repaired and reconstructed by the Management COD1ßÙttee, as attorney-in-fact, using the proceeds of insurance and the proceeds of an assessment to be made in the manner hereinafter set out If any mortgage or trust deed holder of any damaged town home unit required and received payment of any part of the insurance proceeds, the owner of that town home unit shall pay to the Management COD1ßÙttee the amount so received by such mortgagee or trust deed holder for use by the Management COD1ßÙttee, with the balance of the insurance proceeds, in repairing and reconstructing pursuant hereto. The insurance proceeds, together with payments made by the owner or owners shall be held in a building account for use in repairs and reconstruction pursuant hereto. Any deficiency in the building account shall be assessed against the owners as a common expense. Such assessment shall be payable within ninety (90) days after written notice thereof to the owners. The Management COD1ßÙttee shall have full authority, right and power, as attorney-in-fact, to cause the repair or restoration of improvements using all of the insurance proceeds and the owner assessment. The assessment provided for herein shall be a debt of each owner and a lien on his town home unit and may be enforced and collected as is provided in this Declaration. In addition thereto, the Management COD1ßÙttee, as attorney-in- fact, shall have the absolute right and power to sell the town home unit of any owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Management COD1ßÙttee shall cause to be recorded a notice that the town home unit of the delinquent owner shall be required to pay to the Management COD1ßÙttee the costs and expenses for filing the notices, interest at the rate of ten percent (10%) per annum on the amount of the assessment from and after said ninety (90) day period, and all reasonable attorney's fees incurred in selling the town home unit and collecting said assessment. The proceeds derived from the sale of such town home unit shall be used and disbursed by the Management Committee, as the attorney-in-fact, in the following order: 1. For payment of taxes and special assessment liens in favor or any assessing entity, and the customary expenses of sale; 2. For payment of the balance of the lien of any fIrst mortgage or trust deed, with interest any prepayment penalty; FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 13 OF 16 00v448 3. For payment of unpaid common expenses, the assessment, with interest, made for repair and reconstruction of the property, and all costs, expenses, and fees incwred by the Management Committee in selling such town home unit and collecting the assessment, not paid pursuant to I. above; 4. For payment of junior liens and encumbrances in the order of and to the extent of their priority; and 5. The balance remaining, if any, shall be paid to the owner based on the percentages set forth in Exhibit A hereto. c. If the insurance proceeds are insufficient to repair and reconstruct the damaged improvements, and if such damage is to more than one-third (113) of the town home units, and if the owners representing an aggregate ownership interest of fifty-one percent (51 %), or more, of the general common areas do not voluntarily, within one hundred (100) days after such damage, make provisions for reconstruction, which plan must have the unanimous approval or consent of every holder of a first mortgage then of record, the Management Committee shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice, the entire Subdivision shall be sold by the Management Committee pursuant to the provisions of this paragraph, as attorney-in-fact for all of the owners, free and clear of the provisions contained in this Declaration and the map or maps that have been recorded to establish the Subdivision. The insurance settlement proceeds shall be collected by the Management Committee, and such proceeds shall be divided by the Management Committee according to each owner's percentage interest in the general common areas, and such divided proceeds shall be paid into separate accounts, each account representing one of the town home unit designations and the name or names of the owners. The total funds of each account shall be used and disbursed, without contribution from one account to another, by the Management Committee, as attorney-in-fact, for the same purposes and in the same order as is provided in subparagraph (b) 1 through 5 of this paragraph. If the owners representing an aggregate ownership interest of fifty-one percent (51 %), or more, of the town home units adopt a plan for reconstruction, which plan has the unanimous approval of all holders of first mortgages then of record, then all of the owners shall be bound by the terms and other provisions of such plan. Any assessment made in connection with such plan, shall be a lien, and may be enforced to the extent and in the manner set out in subparagraph (b ) of this paragraph and shall be due and payable as provided by the terms of such plan, but not sooner than ninety (90) days after written notice thereof. The Management Committee shall have full authority, right and power, as attorney-in-fact, to cause the repair or restoration of improvements using all of the insurance proceeds and any unit owner's payments for such pwpose notwithstanding the failure of any owner to pay an assessment. d. The owners representing an aggregate ownership interest of one-third (113) of the common areas may agree that the improvements should be razed and new ones built, and adopt a plan for the renewal and reconstruction, which plan shall require the unanimous approval of all holders of first mortgages of record at the time of the adoption of such plan. If a plan for the renewal or reconstruction shall be payable by all of the owners as common expenses; provided. however, that an owner not a party to such plan for renewal or reconstruction may give written notice to the Management Committee within thirty (30) days after the date of option of such plan that such uuit shall be purchased by the Management Committee for the fair market value thereof. The Management Committee shall then have sixty (60) days thereafter within which to cancel such plan. If such plan is not canceled, the town home unit of the requesting owner shall be purchased according to the following procedures. If such owner and the Management Committee can agree on the fair market value thereof, then such sale shall be consummated within sixty (60) days thereafter. If the parties are unable to agree, the date when either party notifies the other that he or she or it is unable to agree with the other on the sixtieth (60th) day after notice demanding purchase is given to the Management Committee, whichever date is earlier, shall be the "commencement date" from which all periods of time mentioned herein shall be measured. Within ten (10) days following the commencement date, each party shall nominate in writing (and give notice of such nomination to the other party) an appraiser. If either party fails to make such a nomination, the appraiser nominated shall within five (5) days after default by the other party, appoint and associate with him or her another appraiser. If the two (2) designated or selected appraisers are unable to agree, they shall appoint another appraiser to be FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMES ADDmON PAGE 14 OF 16 OOö449 umpire between them, if they can agree on such person. If they are unable to agree upon such umpire, each appraiser previously appointed shall nominate two (2) appraisers, and from the names of the four (4) appraisers so nominated one (I) shall be drawn by unit by any judge of any court of record in Wyoming, and the name so drawn shall be such umpire. The nominations from whom the umpire is to be drawn shall be submitted within ten (10) days of the failure of the two (2) appraisers to agree, which, in any event, shall not be later than twenty (20) days following the appoinbnent of the second (2nd) appraiser. The decision of the appraisers to the fair market value, or in the case of their disagreement, then such decision of the umpire, shall be final and binding. The expenses and fees of such appraisers shall be borne equally by the Management Committee and the owner. The sale shall be consummated within fifteen (15) days thereafter and the Management Committee, as attorney-in-fact shall pay the purchase price therefore in cash and shall disburse such purchase price for the same purposes and in the same order as is provided in subparagraph (b) 1. through 5. of this paragraph, except as modified herein. At the time of payment to such owner, such owner shall deliver to the Management Committee, or its nominee, a good and sufficient warranty deed to the town home unit, fully executed and in recordable fonn, free and clear of all liens, charges and encumbrances. 37. GENERAL RESERVATIONS. Declarant reserves the right until completion of the Subdivision and until a written statement to that effect is recorded by Declarant, to establish easements, reservations, exceptions, and exclusions and for the best interests of the Subdivision. 38. COVENANTS TO RUN WITH LAND. The Property is hereby made subject to the Condominium Ownership Act, Wyoming Statutes §§ 34-20-101 et seq., and to the covenants, conditions, restrictions, reservations, assessments, charges and liens contained in this Declaration, all of which shall be enforceable equitable servitudes and shall run with the land. Each of the covenants of this Declaration shall run with the real property which is the subject of this Declaration, and each and every town home unit and every interest therein or pertaining thereto, and shall bind Declarant, its successors, grantees, and assigns, and all parties claiming by, through, or under Declarant. Each purchaser of any town home unit shall, by acceptance of the deed or other conveyance of any such town home unit, be conclusively deemed to have consented to and agreed to each to each and all of said covenants for himself or herself and his or her heirs, executors, administrators, successors and assigns, and does, by said acceptance, covenant for himself or herself and his or her heirs, executors, administrators, successors, and assigns, to observe, perfonn and be bound by each and all of said covenants. 39. ASSIGNMENT OF DECLARANT'S RIGHTS. Declarant reserves the right to vest any entity with all or any of the rights, interests, privileges, easements, powers and duties herein retained or reserved by Declarant, by a supplemental declaration and assignment which shall be effective when recorded in the Office of the County Clerk, Lincoln County, Wyoming, and Declarant shall thereupon be relieved and discharged from every duty so vested in such other entity. IN WITNESS WHEREOF, this Declaration has been executed by the Declarant effective as of the date of recordation hereof. DECLARANT: CK JACKSON HOLDINGS, LLC, a Wyoming Limited Liability Company BY: CHAD JACKS MANAGING FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MOUNTAINVIEW TOWNHOMFS ADDmON PAGE 15 OF 16 úOû450 A ~ -...Aa~ KA',,~ '~~""'ON NOTARY PUBUC COUNTY OF . STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES SEJ>'lENBER 3, 2012 ACKNOWLEDGED before me by Chad Jackson, Managing Member of CK JACKSON HOLDINGS, LLC, a Wyoming Limited Liability Company, Declarant, acting for and on behalf of said Company pursuant to authority provided to him as Managing Member, on this, the ~+ day oLð.I'g at, ?ooK, ,J """"0 p.{L.'-I¡L- 0<:.4 WITNESS my"""'''''' official ""'~ 1Th ~ STATE OF WYOMING ) ) 88. COUNTY OF LINCOLN ) My Commission expires: NOTARY PUBLIC il'7bt>\2.-- 00&451 KATIE TOOLSON NOTARY PUBUC STATE OF WYOMING ) COUNTY OF . STATE OF ) 88. LINCOLN WYOMING COUNTY OF LINCOLN ) MY COMMISSION EXPIRES SÐ'ÆMBER3,2012 1 rì\- ~f'-. '.)\..'~~ ACKNOWLEDGED before me by Jon Klaczkiewicz, on thís, the ~ day of J\Qgøst, -ìðð!r. -.z- () D 4 . WITNESS my hand and official seal. ~~~ My Commission expires: NOTARY PUBLIC q l '7 \2-D! Î- FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOUNTAJNVIEW TOWNHOMES ADDffiON PAGE 16 OF 16