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HomeMy WebLinkAbout962495tW'. vc I2,27 /22I 1 ai f ,2.'�,,�I RECEIVING 962495 BOOK: 778 PAGE: 385 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY BUFFALO RUN DEVELOPMENT LINCOLN COUNTY, WYOMING AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF BUFFALO RUN DEVELOPMENT This Amended Declaration of Covenants, Conditions and Restrictions regulating and controlling the use and development of certain real property as hereinafter described is made to be effective as of the 21 day of December, 2011 "Amended Declaration by the Buffalo Run Property Owners Association, Inc., a Wyoming corporation, (the "Association for Lots 1 through 13, of BUFFALO RUN DEVELOPMENT "the Development in accordance with plat no. 943211 filed of record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming, "the Plat on October 28, 2008 which shall hereinafter be referred to as the "Property." Now, therefore, the Association hereby declares that all of the Property described shall be owned, held, sold, conveyed, encumbered, leased, used, occupied, and developed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each Owner of any part thereof. ARTICLE I DEFINITIONS 1. "Association" shall mean and refer to the Buffalo Run Property Owners Association and its successors and assigns. 2. "Board" shall mean the Board of Directors of the Association established to administer and enforce the easements, rules, covenants, and conditions of this Amended Declaration. 3. "Common Areas" shall mean the private roadways within the Property which provide access to individual Lot lines from County Road 108. 4. "Landscaped Areas" shall mean areas where trees and shrubs are planted. These areas will be non traffic places granted a perpetual easement and managed by the Association. 5. "Common Services" shall mean the maintenance of any Common Area landscaping, snow removal services for Common Area access roads, utility line maintenance and repair services for utility lines located in the rights -of -way of such roads, and maintenance of any water system. 6. "Declarant" shall mean and refer to Defty Land Holdings, LLC. 7. "Lot" shall mean and refer to any of the single family residential plots of land described above and shown upon that certain recorded Development plat of the Property filed by the Declarant in the Office of Lincoln County Clerk. 8. "Owner" shall mean and refer to the record 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 such interest merely as security for the performance of an obligation. 9. "Principal Residence" shall mean the single- family residential Structure, constructed on any Lot of the Property, which is the principal use of such Lot, and to which the other authorized Structures on such Lot are accessory. 10. "Property" shall mean and refer to that certain real property known as the BUFFALO RUN DEVELOPMENT, in accordance with the plat filed of record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming as Plat No. 943211 and such additions thereto as may hereinafter be brought within the jurisdiction of the Association. 11. "Structure" shall mean anything built or placed on the ground, excluding fences. ARTICLE II- PROPERTY RIGHTS 1. Owners' Easement of Enjoyment. Every Owner shall have the right in and to the Common Areas, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to charge reasonable assessments, charges and user fees for the use and maintenance of the Common Areas as hereinafter set forth. Page 1 of 10 00385 b. The right of the Association to establish rules and regulations, including speed limits, for the use of Common Areas and to impose reasonable sanctions for the violations of the published rules and regulations. ARTICLE III ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 1. Association Membership. Declarant shall have all of the rights, powers, and authority of the Association until the Lot Owners have formally established the Association, either as a corporation, unincorporated association, or other legal entity of their choosing. The Lot Owners shall establish the Association when 7 of the 13 Lots have been sold by Declarant. Every Owner of a Lot shall be a member of the Association. For purposes of voting and meetings of the members, there shall be one vote for each Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment. 2. Management of Association and Property. The management and maintenance of the Property and the affairs of the Association shall be managed by a Board of Directors as provided in this Amended Declaration, its organizational documents, and Bylaws "Governing Documents All agreements and determinations with respect to the Property will be lawfully made or entered into by the Board. 3. Board of Directors of the Association. The Board of Directors (the "Board of the Association shall consist of three (3) members, or such additional number as may be approved by the members in accordance with its Governing Documents. The term of a member shall be three (3) years, except that the terms of the members of the initial Board shall be one, two, and three years. Thereafter, all members shall serve for a term of three (3) years. The Board shall be elected by a majority vote of the members of the Association. All Board members must be an owner or an officer, partner, shareholder, or member of an Owner. 4. Authority and Duties. The duties and obligations of the Board, and rules governing the conduct of the Association, shall be set forth in the Governing Documents as they may be amended from time to time. 5. Limited Liability of Board of Directors. Members of the Board and their officers, assistant officers, agents, and employees acting in good faith on behalf of the Association: a. Shall not be liable to the Owners as a result of their activities as such for any mistakes of judgment, negligence or otherwise, except for their own willful misconduct or bad faith; b. Shall have no personal liability under any contract with an Owner or any other person or entity under any agreement, instrument or transaction entered into by them on behalf of the Association; c. Shall have no personal liability in any tort to any Owner or any person or entity, except because of their own willful misconduct or bad faith; d. Shall have no personal liability arising out of the use, misuse, or condition of the Property which might in any way be assessed against or imputed to them as a result of, or by virtue of, their employment by the Association. ARTICLE IV- COVENANT FOR MAINTENANCE ASSESSMENTS 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to have consented to be subject to this Amended Declaration and agrees to pay the Association or Declarant: a. Annual assessment of charges; b. User fees or charges; c. Water system connection fees; and d. Special assessments for capital improvements, such as assessments to be established and collected as hereinafter provided. A general continuing lien is hereby imposed on each Lot in the Development for the payment of annual and special assessments imposed on Lots according to this Amended Declaration. In connection with this general lien, all such assessments together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the entity or person who was the Owner of such Property at the time when the assessment fell due. In addition, for the collection of delinquent user fees or charges, the Board may, by resolution, enact such policies and procedures or rules and regulations as it deems appropriate including, without limitation, imposition of service Page 2 of 10 00380 charges, collection of attorney fees or other costs of collection, disconnecting or otherwise terminating services, or the filing of a lien against the Lot for the amount due. 2. Purpose of Assessments. The assessments levied by the Association or Declarant shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property and for the improvement and maintenance of the Common Areas, to include roads (snow removal and asphalt maintenance), trail and open space maintenance, maintenance of any water system, and Association management expenses. 3. Annual Budget. The Board shall prepare an annual budget estimate for Common Services and administration of the Association and fix the amount of the annual assessment based on its estimate. Such annual budget shall be prepared and approved by the Board at least thirty (30) days in advance of each annual assessment period. 4. Special Assessments for Capital Improvements. In addition 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 of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement, or a capital improvement including the Common Areas and shared access road, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of at least 7 of 13 Lot Owners who are voting in person or by proxy at a meeting duly called for this purpose. 5. Notice and Quorum for Any Action Authorized under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 of this article shall be sent to all members not less than thirty (30) days, nor more than sixty (60) days, preceding meeting. At the first such meeting called, the presence of members, or of proxies, entitled to cast 60 percent (60 of all the votes of the membership shall constitute a quorum. If the required quorum is not present another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be one -half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 6. Uniform Rate of Assessment. Except for lots owned by the Developer, both the annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or other periodic basis as determined by the Board. Lots owned by the Declarant shall be assessed and required to pay assessments on a pro- rata basis. 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots subject to assessment on the first day of the month following conveyance of the first Lot. The first annual assessment for lots purchased thereafter shall be adjusted according to the number of months remaining in the calendar year. The Board 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. 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. 8. Effect of Non Payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of 12 percent (12 per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Property in the same manner as real estate mortgages with power of sales are foreclosed in Wyoming pursuant to W.S. 34 -4 -101 et seq., any successor or replacement statute thereto, or statute of similar nature. No Owner may waive or otherwise escape liability for the assessments provided herein by non -use of the Common Areas or abandonment of his Lot. 9. Priority of the Assessment Lien. Sale or transfer of any Lot or the recording of any mortgage or other lien against any Lot shall not affect the priority of the assessment lien. ARTICLE V- ARCHITECTURAL STANDARDS 1. Architectural /Site Committee: Organization. There shall be an Architectural /Site Committee consisting of the Board as soon as the Board has been organized. 2. Architectural /Site Committee Duties. It shall be the duty of the Architectural /Site Committee to consider and act upon such proposals for the plans submitted to it from time to time, to adopt rules pursuant to Section 5 of this Article, and to perform such other duties delegated to it by the Association. No Lot Owners shall construct any Structure on a Lot without prior approval of all plans for such construction by the Architectural Site Committee. 3. Architectural Site Committee: Meetings: Action: Expenses. Architectural /Site Committee shall meet from time to time as necessary to properly perform its duties hereunder. The vote or written consent of a majority of its members shall constitute an act by the Architectural Site Committee unless the unanimous decision of its members is otherwise Page 3of10 00387 required by this Amended Declaration. The Architectural /Site Committee shall keep and maintain a record of all action taken by the Architectural /Site Committee at such meetings or otherwise. Unless authorized by the Association, the members of the Architectural /Site Committee shall not receive any compensation for services rendered. All members are entitled to reimbursement for incidental mailing and copying expenses incurred by them in connection with Architectural /Site Committee functions. 4. Architectural /Site Committee Rules. The Architectural Site Committee may, from time to time, and in its sole discretion, adopt, amend, and repeal by unanimous vote, rules and regulations, to be known as "Architectural Site Committee Rules." A copy of the Architectural Site Committee rules, as they may from time to time be adopted, amended or repealed, and certified by any member of the Architectural /Site Committee, shall have the same force and effect as if they were part of the Amended Declaration. The Architectural /Site Committee may record the same if deemed necessary. 5. Non Waiver. The approval by the Architectural Site Committee of any plans, drawings, or specifications for any work done or proposed, or in connection with any other matter requiring the approval of the Architectural Site Committee under the Covenants, shall not be deemed to constitute a waiver of any right to withhold approval as to any similar plan, drawing, specification, or matter whenever subsequently or additionally submitted for approval. 6. Liability. Neither the Architectural /Site Committee, nor any member thereof, shall be liable to the Association or to any Owner or project committee for any damage, loss, or prejudice suffered or claimed on account of (a) the approval of any plans, drawings, and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications, (c) the development, or manner of development, of any property within the Property, or (d) the execution and filing of a certificate pursuant to Section 7 of this Article, whether or not the facts therein are correct; provided, however, that such member has, with the actual knowledge possessed by him, acted in good faith. Without in any way limiting the generality of the foregoing, the Architectural /Site Committee, or any member thereof, may, but is not required to, consult with or hear the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural /Site Committee. ARTICLE VI- DESIGN STANDARDS 1. General Standards. The following standards and restrictions are applicable to the construction, remodeling, alteration, and exterior refinishing of any and all Structures, including fencing, improvements, and site preparation upon each Lot. 2. Uniform Codes. All structures or improvements shall be erected in accordance with the current edition of the following uniform codes: a. Uniform Building Code; b. International Conference of Building Officials; c. National Plumbing Code; d. National Electric Code; and e. National Fire Protective Association International. 3. Design Character. All building shall be constructed in the same character and style with each other specifically by using complementary exterior roofing, building materials, and coloring on each building on the properties. All buildings will be faced or stained in colors that blend into the natural environment and landscape of the area. a. Exterior materials will be of rough sawed natural wood, peeled log, stone, synthetic stucco, brick, or other rough textured natural material. No aluminum siding, vinyl siding, or cinder blocks shall be used as exterior material. Roof materials shall be either asphalt shingles, slate shingles, cedar shingles (architectural grade shingles) or metal. Roof material needs to be approved by the Architectural /Site Committee. b. All building must comply with either the current editions of the Uniform Building Code, the National Plumbing Code, and the National Electrical Code, or, if applicable, State of Wyoming, and /or Lincoln County Building and Safety Codes. The structural drawings of the buildings must be stamped by an engineer. Page 4 of 10 u0388 c. Exterior colors shall be either earth tones (such as brown, taupe, green, red, grey) or other colors as approved by the Architectural /Site Committee. Black, white, pastels, and loud blues may not be used. Non glare, flat finish materials for exteriors are recommended, and stains should be penetrating natural stains and oils. 4. Building Design. The design of all building is subject to the following: a. In addition to one (1) single family dwelling to be occupied by the owner, his lessee, guests and servants, there may be two (2) additional accessory structures, such as a garage, guest house (for the use of guests and not for rent), storage building, (to be used to house vehicles, equipment or supplies), or a barn (to be used to house horses or other 4 -H animals allowed herein) permitted. Multiple uses may be combined into one building, such as a garage with a guest house or a barn with additional storage space, each as approved by the Architectural/Site Committee. Accessory building locations must be behind the front lot line of the Primary Residence. Site plans for accessory building require Architectural /Site Committee approval in order to protect views of adjoining lots; a minimum fifteen (15) foot side yard setback for accessory buildings is required. All improvements shall be of new, permanent construction using good quality workmanship and materials and in character with the architecture of the Primary Residence. A multi -use building such as a barn with a living space and garage can be used as the single family dwelling provided the building conforms to the minimum square footage requirements. b. The minimum floor area of any one -story single- family residence shall be at least 1800 square feet as measured by the exterior building dimensions on the ground floor (footprint), exclusive of the garage, carport, or unenclosed porches or decks. Two -story residences will require a ground floor footprint of a minimum of 1,200 square feet. All residences must also include a garage with a minimum of 600 square feet attached to the Primary Residence either directly, by a covered breezeway, or included in the multi -use building as described above in item a. c. No structure shall be erected, altered, placed, or permitted to remain on the property which shall exceed two (2) stories in height. This shall not include a walkout basement or underground garage. Primary Residences shall not exceed thirty five (35) feet in height above the elevation of the street elevation, and accessory buildings shall not exceed thirty (30) feet in height above the street elevation. d. Setbacks shall not be less than fifty (50) feet from the front and rear lot boundary. Side yard setbacks require a minimum of fifty (50) feet. 5. Site Design. Site design shall comply with the following requirements. a. Fencing shall comply with the following requirements: only fences consisting of wood posts with top rail spanning three (3) posts and one (I) wooden rail below (for a total minimum of two (2) rails) for pasture areas will be allowed on the Property. Adding a third rail is permitted. Fencing of pastures only is permitted on the property without Architectural /Site Committee approval. Fencing of dog runs, children's play areas, and for screening of yard toys such as trampolines, swing sets, sand boxes, and other children's structures requires approval of the Architectural Site Committee. b. All propane tanks, water tanks, or similar storage facilities shall either be constructed as an integral part of a Structure, or shall be installed or constructed underground. c. Sanitary Facilities. Each sewage system is the responsibility of the individual property owner and shall be installed at the expense of the individual property owner and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County, and no privy, outside latrine, or other like facility shall be permitted except during construction of a principal residence in which case it is required by this Amended Declaration to have such a facility. Every Owner shall refrain from causing any water or pollution emanating from his Lot. d. A domestic water supply shall be provided by Declarant as part of the Development. A water connection shall be provided at the boundary of each Lot. Each Lot Owner is responsible for providing the necessary equipment and Page 5 of 10 00389 construction to connect to the water system. All arrangements and facilities providing domestic water shall conform to all laws and standards set by the State of Wyoming, its departments and political subdivisions. e. All driveway approaches to Lots from any Common Areas within the Development shall include a planned layout to be approved as part of the plan submittal process. Approaches are not allowed to be closer than twenty (20) feet from any lot line and are required to be twenty (20) feet in width at the street connection. Driveways may taper to Owner's desired width at the front lot line of the Property. 6. Construction. Before excavation or construction begins on any Lot, Owner must provide a clean approach (constructed of pit run gravel) from the street to the building envelope. The exterior of any building must be completed (receipt of certificate of occupancy) within twelve (12) months after the commencement of construction except where such completion would be impossible, due to size of project, or doing so would result in undue hardship to the Owner because of strikes, emergencies, or natural calamities; provided, however, that the Owner is nonetheless obligated to either diligently pursue completion or removal of the building. ARTICLE VII LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS 1. Land Classifications. All land within the Property has been classified into the following areas: a. Residential, b. Common Areas, and c. Landscaped easements. 2. General Restrictions. The following general restrictions shall apply to all land, regardless of classification: a. No building, structure, sign, fence, refinishing, or improvement of any kind shall be erected, placed, or permitted to remain on any Structure, Lot, or tract, and no excavation or other work which in any way alters any Lot from its natural or improved state existing on the date the Lot was first conveyed in fee by Declarant to Owner shall be erected, placed, done, or permitted to remain on any Structure, Lot, or tract until the plans and specifications have been approved in writing by the Architectural /Site Committee. Plans for building for the refinishing or improvement if the same shall include scaled floor plans, exterior elevations indicating height, a list of exterior materials, and a site plan. b. Two copies of any proposed plans and related data shall be furnished to the Architectural /Site Committee, one of which may be retained by the Architectural /Site Committee for its records. Any approval given by the Architectural Site Committee shall not constitute a warranty, express or implied, of compliance with any applicable building or safety codes for any other purposes other than the authority for the person submitting the plan to commence construction pursuant to this Amended Declaration. 3. Residential Area: Uses: Restrictions. a. Each residential lot shall be used exclusively for residential purposes, and not more than one (1) family (including its servants and transient guests) shall occupy such residence; provided, however, that nothing in this subparagraph (a) shall be deemed to prevent: (1) Construction of a guest home in accordance with this Amended Declaration; (2) The leasing of any residence from time to time by the Owner thereof, subject, however, to all of the restrictions as may be adopted from time to time by the Association. b. Each Lot, and any and all Structures and improvements located thereon shall be maintained by the Owner thereof in good condition and repair, and in such manner as not to create a fire Page 6 of 10 00390 hazard, all at such Owner's sole cost and expense. c. There shall be no exterior fires whatsoever, except barbecue fires contained within barbecue receptacles, properly constructed permanent outdoor fireplaces or fire pits, and such fires for vegetation and /or rubbish control as may from time to time be permitted by the Lincoln County fire regulations during winter months. d. Only domestic pets, and not more than four (4), are permitted and must be retained on an Owner's lot and not allowed to create a nuisance. Standard pet enclosure design must be approved through the Architectural /Site Committee. Horses are allowed and Lot Owners shall be permitted to keep not more than two (2) horses, including foals, per fenced acre of pasture. Irrigated pastures may allow higher grazing density subject to approval of the Architectural /Site Committee. In addition, during the spring and summer months prior to the Lincoln County Fair, domestic animals may be maintained on any lot but only for the purpose of conducting a 4 -H or FFA project; provided, however, that no pigs, chickens or turkeys may be maintained on any lot at any time. Any such animals must be removed from the Property within seven (7) days of the concluding date of the Fair. e. No commercial signs whatsoever shall be erected or maintained upon any lot. A wooden residential identification sign of combined total face area of four (4) square feet or less may be erected. A sign advertising the premises for sale may be erected as needed for such purposes. f. No obnoxious, offensive, or noisy activity (disturbance to the peace and tranquility) shall be carried on upon any Lot, nor shall anything be done or placed thereon which may become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other Owners in the enjoyment of their Lots. In determining whether there has been a violation of this subparagraph, recognition must be given to the premise that Owners, by virtue of their interest in the Development, are entitled to the reasonable enjoyment of its natural benefits and surroundings. No manufactured or modular house, house trailer, mobile home, shack, or similar facility or structure shall be kept, placed, or maintained upon any Lot at any time. The phrase "manufactured or modular houses" means a house or other structure constructed at a location other than on the Lot where it is to be located and then is moved in one or more pieces to the Lot. The terms "house trailer" or "mobile home" as used herein includes but is not limited to any building or structure with wheels and /or axles and any vehicle used at any time, or constructed so as to permit its being used for the transport thereof upon the public streets or highways and constructed as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure, or vehicle, whether or not wheels and/or axles have been removed, after such building, structure, or vehicle has been placed either temporarily or permanently upon a foundation. Recreational vehicles, motor homes, trailers, campers, pop -up trailers, boats, water craft, snowmobiles, three and four wheelers and the like, may not be stored on an open lot in the development. Enclosed trailers, including horse trailers may be stored on lot, adjacent to garage or barn. All trailers must be in working order and all tires need to be inflated. h. Each Lot Owner shall be responsible to pay quarterly assessments for Common Services in conjunction with all other Lot Owners as set for herein. Bushes, shrubs, weeds, and all other vegetation shall be cleared and large trees pruned within the road rights -of -way to improve visibility, with related costs being common costs. Such quarterly assessments shall not exceed three hundred dollars ($300) per quarter per Lot until January 1, 2009. After that date the amount of the annual assessment may be modified by the Association or Declarant from time to time as determined by the Board. The Association or Declarant may impose special assessments, user fees and charges, and connection fees in accordance with this Amended Declaration. g. i. No discharge of any firearms in the Development is allowed. No hunting of wildlife of any sort is allowed within the confines of the Development. Vehicles shall not be constructed or repaired on any Lot as to be visible from a neighboring property or the street. No inoperable vehicle may be stored or parked on any Lot. k. All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not to be visible from neighboring property. The cost of commercial trash collection shall be paid by each owner, in accordance with the billing of the collector. No Page 7 of 10 00391 rubbish or debris of any kind shall be placed or permitted to accumulate on any Lot. No metal, including without limitation, scrap metal or metal drums shall be kept, stored, or allowed to accumulate on any Lot except in an enclosed structure. 1. Owners shall not obstruct the Common Areas. No vehicles of any kind may be parked or left standing in the Common Areas. ARTICLE VIII GENERAL PROVISIONS 1. Lot Splitting: Consolidation. Two or more contiguous Lots within the Property may be combined. Such consolidated Lots may thereafter be treated as one Lot and building site, and as such may be subjected to this Amended Declaration the same as a single Lot except for the purpose of levying and collecting assessments. No Lot may be divided or subdivided. 2. Assignment of Powers. Any and all of the rights and powers vested in the Declarant pursuant to this Amended Declaration may at any time be delegated, transferred, assigned, conveyed, or released by Declarant to the Association, and the Association shall accept the same, effective upon the recording by the Declarant of a notice of such delegation, transfer, assignment, conveyance, or release. 3. Limited Liability of Declarant. Members of the Board of Directors of Defty Land Holdings, LLC. (owner of Buffalo Run) and their officers, assistant officers, agent, employees, or employed contractor or subcontractors: a. Shall not be liable to the Owners as a result of their activities as such for any mistakes of judgment, negligence or otherwise, except for their own willful misconduct or bad faith; b. Shall have no personal liability in any contract to an Owner or any other person or entity under any agreement, instrument or transaction entered into by them on behalf of the Association in their capacity as such; c. Shall have no personal liability in any tort to any Owner or any person or entity, except for their own willful misconduct or bad faith; d. Shall have no personal liability arising out of the use, misuse, or condition of the Property which might in any way be assessed against or imputed to them as a result of or by virtue of their capacity as such. 4. Condemnation of Common Area. If at any time, or from time to time, all or any portion of Common Areas, or any interest therein, shall be taken for any public or quasi- public use, under any statute, by right of eminent domain or by private purchase in lieu of eminent domain, the entire award in condemnation shall be paid to the Association and deposited into either the operating fund or the development fund as the Association may, in its sole discretion, determine. No owner shall be entitled to any portion of such award and no Owner shall be entitled to participate as a party, or otherwise, in any proceeding relating to such condemnation, such right or participation being herein reserved exclusively to the Association which shall, in its name alone, represent the interests of the Owners; provided, however, that the portion of any award relating to improvements which constitutes a private recreation facility shall be divided equally among the Owners who, at the time of such taking, are permitted users of such facility. 5. Notices: Documents: Delivery. Any notice or other document permitted or required by this Amended Declaration shall be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy -two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed as follows: if to the Association or to the Architectural /Site Committee, at such address as the Association may determine and notify all Owners and Declarant in writing upon its organization; if to an Owner, than at any Lot within the Development owned by the Owner; if to the Declarant, at P.O. Box 3842, Alpine, Wyoming 83128 provided, however that any such address may be changed from time to time by an Owner, by the Architectural /Site Committee, or by the Declarant by notice in writing, delivered to the Association, if organized, or if not to all Lot Owners, and to Declarant. 6. General Maintenance. The maintenance, alteration, replacement, and /or repair of the Common Areas shall be the responsibility of the Board. The Board, as part of its responsibilities, shall maintain, repair, and provide for maintenance activities on all roadways. The Association will not be responsible to pay for snow removal until one Owner is living at the property year round. During this time each lot owner will be responsible to pay for any snow removal, if necessary, to access his lot. The maintenance, repair, and replacement of all improvements on each Lot shall be the responsibility of the Owner of such lot. Page 8 of 10 00392 ARTICLE IX- ENFORCEMENT, DURATION, AND AMENDMENT 1 Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of the Declaration. If such a proceeding is successfully brought, the party against whom the action was brought shall pay to the enforcing party at all costs thereof including without limitation a reasonable attorney fee in addition to any other relief that may be granted. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition, the Association may establish fines and the time for payment thereof for violation of the provisions of this Declaration. If any such fines are not paid when due, the Association shall have a lien on the Lot of the Owner who owes the fine and shall have the right to collect the fine in the same manner as annual assessments. 2. Duration of Restrictions. All of the covenants, conditions, and restrictions set forth in this Amended Declaration shall continue to remain in full force and effect at all times against the Property and the Owners thereof, subject to the right of amendment or modification provided for in this Article, for a term of thirty (30) years. 3. Amendment. This Amended Declaration may be amended during the first thirty (30) year period by an instrument in writing signed by not Less than seven (7) of thirteen (13) (approximately 54 of the Lot Owners, and thereafter by an instrument in writing signed by not less than fifty -four percent (54 of the Lot Owners, which amendment becomes effective when the instrument is recorded in the Office of the County Clerk in Lincoln County, Wyoming. The Declarant shall have the right in its sole discretion, during such time as Declarant owns at least seven (7) Lots, to amend or modify this Amended Declaration by an instrument in writing, and all Lots within the Development including those previously sold shall be subject to such modification. Any such amendments shall be duly executed by the Declarant and are effective when recorded in the Office of the County Clerk of Lincoln County, Wyoming. 4. Annexation. Additional residential property or common area may be annexed to the Property by Declarant at any time, provided that all of such additional Property and Owners shall be subject to this Declaration. 5. Violation Constitutes Nuisance. Every act or omission, whereby any restriction, condition, or covenant in this Amended Declaration set forth, if violated in whole or in part, is declared to be and shall constitute a nuisance any may be abated by Declarant or its successors in interest, the Association and/or by any Lot Owners; and such remedies shall be deemed cumulative and not exclusive. 6. Construction and Validity of Restrictions. All of said covenants, conditions, and restrictions contained in this Amended Declaration shall be construed together, but if it shall at any time be held than any one of the said conditions, covenants, or reservations, or any part thereof, is invalid, or for any reason becomes unenforceable, no other condition, covenant, or reservation, or any part thereof shall be thereby affected or impaired; the Declarant, grantor and grantee, their heirs, successors and assigns, shall be bound by each Article, Section, subsection, paragraph, sentence, clause, and phrase of this Declaration, irrespective of the fact that any Article, section, subsection, paragraph, sentence, clause, or phrase be declared invalid or inoperative or for any reason becomes unenforceable. 7. No Waiver. The failure of the Declarant, the Board or its agents, and the Owners to insist, in one or more instances, upon the strict performance of any of the terms, covenants, conditions, or restrictions in this Declaration, or to exercise any right or options herein contained, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment, for the future, of such term, covenant, condition, or restriction shall remain in full force and effect. The receipt and acceptance by the Board or its agent of payment of any assessment from an Owner, with the knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Board of an provision hereof shall be deemed to have been made unless expressed in writing and duly signed by or on behalf of the Board. 8. Variances. Architectural Site Committee, in its sole discretion, may allow variances and adjustments of the foregoing covenants, conditions, and restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the restrictions granted by the said Committee, or any acquiescence or failure to enforce any violation s of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. Page 9 of 10 1) 1353 IN WITNESS WHEREOF, the following have caused this Amended Declaration to be duly executed as of the day and year first above writing. Q Laura A. Defty for Defy Land Holdings, LLC. Laura A. Defty for Defty Land Holdings, LC. Laura A. Defty for Defty Land Holdings, LLC. Laura A. Defty for Defty Land Holdings, LLC. Laura A. Defty for Defty Land Holdings, LLC Name Lot Lot 5 Lot Lot 7 Lau t' A. Defty for Deft Land Holdings, Laura A. Defty for Defty Land Holdings, LLC. Laura A. Defty for Defty Land Holdings, LLC. Page l0 of 10 Lot /0 Lot Lot Lot a Laura A. Defty for Defty Land Holdings, LLC. Lot Name Lot Lot Name Lot Name Lot Name Lot 00394 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT R State of California County of O1 On to 23 2 1 before me, Date personally appeared Laura A. De f +y NANCY STEELE Commission #t 1863071 Notary Public California Yolo County M Comm. Ex Tres Au, 29, 2013 Place Notary Seal and /or Stamp Above 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. Description of Attached Document Title or Type of Document: Bu f4'ul o Run Development /t hnended C. C. f 2 s Document Date: 12.2.1. Z e l l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L aura A. De ffy Yr Corporate Officer Title(s): Director Individual Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Defy Land Heldinjs LLC RIGHT THUMBPRINT OF SIGNER Top of thumb here Nancy Steele. No+ary Public Here Insert Name and Title of the Officer OPTIONAL Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 4tu-te Signature of Notary Public Number of Pages: 10 Signer's Name: Corporate Officer Title(s): Individual Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02008 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313 -2402 www.NationalNotary.org 00395 RIGHT THUMBPRINT OF SIGNER Top of thumb here Item 85907 Reorder: Call Toll -Free 1 -800- 876.6827