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HomeMy WebLinkAbout947895M"A14 STATEMENT OF LIEN STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) RECEIVED 6/22/2009 at 11:56 AM RECEIVING # 947895 BOOK: 725 PAGE: 814 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I, Bob Gonet, Director for Shooting Star Subdivision Owner's Association, Inc., a Wyoming Corporation, being first duly sworn, hereby states as follows: 1. Shooting Star Subdivision Owner's Association, Inc., (hereinafter Association) is located at P.O. Box 1201 Thayne, Wyoming, 83127 and is the entity hereby seeking enforcement of this Lien. 2. Under the provisions of the Declaration of Covenants, Conditions and Restrictions (hereinafter Declaration) for Shooting Star Subdivision, Bill Frasca owes to Shooting Star Subdivision Owner's Association, Inc., the amount of $749.12. 3. The last known address of Bill Frasca is 2401 Collington Road, Kill Devil Hills, North Carolina, 27948. 4. Said debt is owed because of Bill Frasca's obligation under "the Declaration" to pay the annual assessments or charges and special assessments of the said Association. 5. The name of the person against whom this Lien is claimed is Bill Frasca. 6. This Lien is for the Association dues and special assessments due and owing to Shooting Star Subdivision Owner's Association for the years 2005, 2006, 2007, and 2008 including interest in the total amount of $749.12. 7. The legal description of the property subject to this LIEN, which was benefitted by the services of the Association is: Shooting Star Subdivision Lot 10, according to the official plat recorded in the Lincoln County, Wyoming. 8. A copy of the Declaration creating the obligation referred to herein is attached as "EXHIBIT A". Dated this/-' _day of June, 2009. Bob Gonet, Director Statement of Lien Page 1 of 2 000815 SUBSCRIBED AND SWORN TO AND ACKNOWLEDGED before me by BOB GONET, who acknowledged further that he is a director of Shooting Star Subdivision Owner's Association, Inc., and that he signed the foregoing STATEMENT OF LIEN for and on behalf of Shooting Star Subdivision Owner's Association, Inc. pursuant to his authority from said Corporation's Board of Directors, this day of June, 2009 WITNESS my hand and official seal. 1 UA'PPLEP STATE of 4QiJidTY OF ~IYQNIIN llNCl3LN SMA11CHa5,201~ t C4g8Mt5514M Q11a~HE. My commission expires: OTARY PU-BL/V Statement of Lien Page 2 of 2 Declaration of Covenants, Conditions and Restrictidns For Shooting Star Subdivision all No. a -Mar THIS DECLARATION, made on. the day hereinafter set forth by'i Mountain Maple Development Co., a Wyoming Corporation, hereinafter referred to 'as "Declarant", the owner or beneficial owner of Lots 1 through 19 of the Shooting Star Subdivision, Lincoln County, Wyoming, according to that plat recorded in the Office of the Lincoln County Clerk on the day of July, 1995, as Plat No.16~L, and which shall herein-after be referred to as the "properties". i NOW, THEREFORE, Declarant hereby declare that all of the properties described shall be held, sold and conveyed subject to the following easeirients, restrictions, I covenants and conditions. which are for the purpose of protecting the value, h desirability and scenic nature o~ and which shall run with, the re~ property and be binding on all parties having any right, title or interest in the described properties or . any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. 'i ARTICl.,1s I DE , FINITIONS Section 1 . "Association" shall mean and refer to a Wyoming Non-Profit Corporation to be incorporated by Declarant. j a Section 2. "Declarant". shall mean and refer to Mountain Maple Development Co., their successors and assigns if such successors or assigns should ~cquire more than r.' 1 1 000816 • v ! !JV1 merer, WY. Moe, Clerk C~ one undeveloped lot from the Declarant 'for the purpose of development and are designated by the Declarant as the successor declarant. Section 3 . "Lot" shall mean and refer to any of the plots of land described above and Shown upon any recorded subdivision map of the properties with the exception of the conunon•area. Section 4. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any lot, including contract buyers and owners of a beneficial interest, but excluding those having suclti interest merely as security for the performance of an obligation. Section 5. "Properties" shall mean and refer to that certain real property known as the Shooting Star Subdivision, in accordance with the Plat filedfor record on the day of day of July, 1995. in Lincoht.County, Wyoming, a, Plat No. and such additions thereto as may hereatler be brought within lhe;jurisdiclion of the Association. Section G. "Shootine Star Subdivision" shall mean and refer to the subdivision or development known as Shooting Star Subdivision. ART ICLE II ASSOCIA T ION MERIBERSIIIP AND VOTING IUGIITS Section 1. Association Membership. Every owner of a lot which is subject to assessment shall be a member'of the Association: Membership shrill be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. i Section 2. Voting giahts The Association shall have one ~Iclass of voting I membership. The members shall be all owners with the exception Iof the Declarant 2 ~l9 and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall, be members. The vote for such lot shall be exercised as they among themselves determine, But-in no event shall more than one vote be cast with respect to any lot. ARTICLE III COVENANT FOR 11IAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. of any lot by acceptance of a deed therefor, whether or not it shall such deed, is deemed to covenant and to pay to the Association Each owner so expressed in (a) Annual assessments or charges; and (b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. (c) Shooting Star Subdivision irrigation water system fee. (d) Lost Creek Irrigation Co. irrigation water system fee. - The annual, special assessments and irrigation fees, together with interest, costs and reasonable attorney's fees shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such area and of the homes situated upon the properties, to includd road maintenance, snow plowing, utility line maintenance, property owners association clerk's and water master's wages, mailing costs and other related expenses incurred on behalf of the properly owner's association. Section 3. Maximum Annunl Assessment. Until January 1 of the year immediately following fhe_ conveyance of the first lot to an owner, the maximum annual assessment, not including irritation fees, shall not exceed tivenly-live Dollars ($25.00) per month per residential lot, to be assessed on a one ;lime per year basis unless otherwise determined by the Association. i (a) From and after January 1 of the year immediately folio M, ng the conveyance of the first lot to all owner, the maximum annual assessment, not including irrigation fees, may be increased each year not more than five percent (5%) or by the Cost of Living Index increase, whichever is the highest, above the maximum assessment for (lie previous year without a vote of the membership. (h) From and a(ler January I of the year inurneclitilcly following the conveyance of the first lot to an owner, the maximum annual assessment, not including irrigation Ices, may be increased above live percent (50/q) or by said Cosl of Uvint Index inc:rcaase by a vole of two-Ihilds (2/3) of ct ch class of amcmbers who are voling in person or by proxy, ail it meeling liduly called (air this lloue. (c) The Iluaad of ditecluas naaay lix the Annual nsscssnu~nl ul on anaounl nut in excess of the maxin►nm and such increases as tire allowed1licrein. 4 t,"OV820 Section 4. Special Assessments for Capital Improvements In addiEibn to the annual assessments authorized above, the association may levy , in any assessment year, a special assessment applicable to that year only for the purpose aof defraying, in whole or in part, the cost of any construction, reconstruction, repai or replacement of a capital improvement, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of one-half (1/2) of the votes of members who are voting in person or by proxy al a meeting duly called for this purpose. iculi~►n 5. Annunl_I~cc !in• tihcxtlinu titer Subdivi~iun Irriunlicm .Sytitctt An annual adminis(ralion Ice u!' $3.00 per acre, per year, sej)arate from the Association clues will be charged by the Subdivision Water Master. A special assessment may be made for maintenance of the Subdivision irrigation system. Section 6. Annual Fee for Lost Creek Irrigation Co Irrigation System An annual service and maintenance fee assessed on a per acre basis will be charged by the Lost Creek Irrigation Co. for the operation and maintenance of the Lost Creek Irrigation Co. main East & West irrigation pipelines. (Currently the Lost Creek Irrigation Co. charges a fee of $3.00 per acre). A special assessment) ( may be made for maintenance of the Lost Creek Irrigation Co. main East & West irrigation pipelines. Section 7. Notice and nunnim fnr Anv Actinn Authnri7prl I Inrlrr G+rtinne Z A R, S 5_ 00082. on the first day of the month following the date of the recording of the Plat. The first annual assessment, for lots purchased thereafter shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether . the assessments on a specified lot have been paid. Section 10. Effect of Nonpayment of Assessments' Remedies of the Association Any assessment not paid within thirty (30) days after the due date shall bear interest from the due (late!* at the rate of fifteen percent (15%) per annum. The Association may bring an action at law against the owner personally obligated to pay the' same, or 1breclOse the lien against the property. No owner cony waive or otherwise escape liability for file assessnicllts provided for herein by non-use of file common area or nbandollnlent of, l is Icel. In addifion to all other anlcxnlis racoverable, in file evcnl it should become necessary to take action to enforce, lhcsc covenants, the Association nllry rccom. a reasonable allorney's Icc. 6 n 0822 ;ja Aj Section 11. Subordination of the Lien to Mortgages. The lien of;the assessments provided for herein shall be subordinated to the lien of any first moq:gage or purchase contract. Sale or Irans(er ol'any lot shall not all'ecl llle assessment li6n. 'ARI'l(T s 11I ARC1117 ,C'771R,11, CONTROL Section 1. Design Committee OrgnnirnIion Power of Appointmenj and Removal of Members. 'T'here shall be it design conuuitlee organized its follows: (a) The design committee shall consist of three (3) members. At least one member shall be an owner of property within the Subdivision. No other member shall be required to meet any qualification for a membership on the design committee. (b) Each of said persons shall hold his office until such time as lie has resigned or lie has been removed or his successor has been appointed as set forth herein. (c) Except as provided in paragraph (d) below, the right from time to time to appoint and remove all members of the design committee shad be, and is hereby reserved to and vested solely in Declarant. (d) The right from time to time to appoint and remove members of the design rnmmittee chnll tip.. rp.cp.n,PA to and veetp.rl in the Acenriatinn ae fnllrnxre.