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Home My WebLink AboutBUTTE CO. PLANNING DEPT. 79-67 4e this Declaration shall be construed in such a wtty as to permit the Association to use any assessments to abat(: any nuisance C or annoyance emanating from outside the boundaries of the Properties. Nothing conLained>herein shall limits preclude" or impair the establishment of, elditional POL10wood Pines Maintenance Funds by the :Association,, so long aa the ..amounts -' deposited into any such Fund toe c,.,;rmarked for specified purposes authonzed by this Ddu The Annual?:ssess- Assess- meniaa'atiox„ include, Association `e nd derivedshall y forhout ofa plicablefromacquits paY p applicable Annual 4ssessments, the following, which shall'be shared equally by all Owners: (a) Water, elee,trical, lighting and otiiei \' - necessary utility services for the Common Area. (b) Maintenance and repair, of private streets and parking areas lying with the Common Area and private walkways lying within the Land- scape Maintenance Areas (c)i, Landscape 'planting and maintenance by the"Association of all landscaping and planted q areas within the Common Area and Landscape Main- ' tenance Areas/' ',ipcluding irrigation and lighting. (d) Pakx ting, exterior maintenance and minor repair and replacement as necessary of the Structural Maintenance P_reas. (e) Fire.and casualty insurande, as pro- vided herein, 'covering the ful'l insurable re--'' placement cc-st of the Common Area facilities and Dwelling'Units, as applicable, with ex- /tended coveraa,e. ('f) Liabilic,�y ns,rance, as provided herein, insuring the Association against any liability to the public or to any owner, thein invitees'or tenants incident to their occupa- tion and use of the Common Areas, including r the Structural Mait>tenance.Areas and Landscape ' '- Maintenance Areas, with limits of liability to be set by the Board of Directors of the Asso- ciation, such limits and coverage to be reviewed at least annually by the Association and increased or decreased in its discretion. Such errors and t'' ommissions and Diredtare and officers liability ,., insurance as the Board deems appropriate purusant to Article XIII. is (a) Workers compensation insurance the ex°iht necessary to comply with any applic- able ' .twrs, medical"payments insurance, > liquor liaL, •ity insurance and any other insurance deer I necessary by the Board of"Directors-of II thr= 5sociation. (h)- Standard fidelity bonds covering all _7 =gibers of the Doard of Directors of the Asso- TIQ °iation and Ether employees of the Association- 'f 4s and in an amount as determined by the Board :. of Directors, but not less than two times the special assessments ofsum o£ the annual and sum Association. ' -11- OV"W. aoLsroN. aURNS a MOKIMI.MIt �i.r.wconronerloH'. - �•• maintenance i roof r and 14 0 replacement,o'f all buildings, equipment and landscaping in, on and of the Common Arca, as the Board of Directors of the Association " shall determine is necessary and propari l O Any Other, material, supplesi furniture, labor, services, maintenance; repairs, structural alterations, insurance, tares or assessments which the Association is required to secure or pay for pursuant to the terms of this Declaration or by law'or which In the opinion of the Associationts Board of Directors shall be necessary or peoper'Yfor the operation of•the Common Area or for the enforcement of these restrictions. 'Section 3. Dama a to Common Area by�OwPers The foregoing maintenance, repairs or rely acements w t Kih the Common Area;, the structural Dlaintenan(ce A bas e Ldndscape`Maintenance Areas,' arising out of or caused by the`�Nillful or negligent act of the Owner, his family, 4 guess`s, tenants or invitees shall be done at said Cwhdr's expeniie or, after Notice and Illearing, a Special Assessment therefor shall be made by the,Board against his Lot. Secti6, 4. Basis of Maximum Annual.Assessment. Lefirst Cantil of the fiscal year imm-e sate y fo lowz ® ing the conveyance of the first improved Lot in the Proper- ties to an Ownf�x-, the maximum Annual Assesllrlent under Article VI shall be the amount set forth in the Final Subdivision Pub- lic Aeport for the Properties. ('a) From and after the first day o``' the fiscal year immediately following the conveyance of the first improved Lot to an Owner, the maximum ,Annual A,ssessment may be increased by the Board .above the maximum.Annual Assessment for the previous ,a _ fiscal year, without tre vote of the 'em- bership and effectivb `no soon"e"r than the first day of the fiscA'l,year, in an amount g •'•t• of (1) f_en :percent no more than thereaDe:; (let), or (2) the percddtage by which the U. S. of 'Labor Statistics, San Francis- ,Bureau co Oakland Area, Consumer Price Index-kor all tas urban consumers ("'CpL") t has increa!30, of the levelA64-said in- date of the increase oder the dex as of the date the maximum nnrival Assessment ^, was last established.` (b) From and after the first -day of the fiscal yea! immediately following the conveyanceofthe first improved Lot to an Owner, the maximum Annual Assessment may be increasod above the greater of (1) - ten percent (101), nr (2) said percentage by which the CPI has so increased, by `; the vote or written consent of Merlers,, r represent"q at least fifty -gone percent (512) of both the Class,,A, and Clara B Q—. voting power. « a b L a r� '' s` (c) The Beard of :Directors may An annual as8es8ment at an amount noL ire extent of the maximum. Section 5. Ca �_tal Improvement ah�1 Ntconstruc- tion �lsse�smen-`-` t`s,` In addition Ljc auth to the Annual Ana ssme� n` t. "'s". orizer' d above, the Atsaciation may lev in assess- Ment ,rear, a Capital I'ittp`kovement or Reconstruction Ment applicable Assess to that, Year only for the purpose of ing, in whole or in part, the,cost efray- of any construction reconstruction, repair or replacement of a capital Improve- upon the Common Area, including fixtures and Property property related thereto; personal' ponds', and for other ertraaand provided that Whenever the aggregate Capital Improve- Of t Assessments in any fiscal year exceed five o� the budgeted percent Year, such fiscal gross expenses of the Association for thats ss shall require the vote or written re Assent of Members representing fifty-one percent the voting (51') of power of each class of membership, Section 6, Notice and Authorized Uhd�edtions � is 5, Quorum for an Ration meet wr ng ca I`ed ort e tten-notice of any purpose ox taking any action b Members authorized under Sections S 4 and 5 shall be Senttoall Members not less than thirty (30) days, nor sixty (60) days, in advance of :Mord 'than. called the the meeting, At such meeting r presence of Members or of proxies entit],ed to cast fifty-one percent (51t) of all votes or each Class of membership shall constitute a quarum, Section 7. Uniform Rate of Assessment, Assessmentss p al Improvement ' Assessments and Reconstruct tion Assessments provided for ,in this Article fixed at VI must bd a uniform rate for all Lots within the F�roperties; pzovided, however, that P.. the Association masubject previsions of Section 3 of this Article levy r to the ments against selected cia Owners who have caused thecial Assess- tion to i.nctr special :1 expenses due to Willful or negligent acts of said Owners; their sts or ac tj4Y,''All of Annual Assessments shallgb installments regular basis 'by the Hoard on of D.rectorsd a`i'advance a as the Board shall. deter r 11�uch frequency mine frtim time to tlrhe,. , / ti Section B. Date of Commencement of Annual Assessments: Date. The Annual Assessments,pzo"` idea for �erern shall commerce as to all Lots on,the first day month following Close of the of escrow for the sale of the first Lot pursuant to a Final Subdivision Public Report Properties 'issued for the bCalifA'': y the Cali,ornia Departtment of Real Estate, The first Annual Assessment shall be adjusted accordisig to the number of months remainin the fiscal Earth in the By�Laws.. The Boaryn year as set amountthirty of the Annual' Assessment4aginst hatllfix each LotOfDirbdtors thirty (50) days in advance of eastthe each. Annual Assessment period, Written notice of t",e.Annual Assessment shall every be sent to Owner subject thereto, The due dates shall be estab- lished by the Board of Directors. The Association s shall, upon demand, and fora reasonabl�t �, charger furnish a signed by an officer or a en fang " forth 'whether the assessments set- on ahspnssociation, edified t6t have tea, e��eu�.e:r...—.__�-,,.. •'- � ,� . been paid. A properly executed"certificatE of t,0 Associa- tion as to the status of assessments against a EOL is bind- ®; ing upon the Association as of the date of its i:ntmance. Notwithstanding any other provision of this Declar- ation, until (1) a notice of completibn of a Dwelling Unit, has been recorded, (2) oroneHundred twenty (120) days fron the date: of issuance of a building permit for the Dwelling Unit, whichever Occurs first, each Owner (includi g beclar- ant) of a Dwelling Unit shall be exempt from paying that portion of any Common Assessment which is for the purpose of paying expenses and reserves directly attributable to the existence and use of the Dwelling Unit, The Board of Directors shall cause to be prepared < - an annual balance sheet and Op eyal»ing statement reflecting - income and expenditures of the Association for each fiscal year, including deposits in and withdrawals from the Common Area Reserve Fund and the Operating Fund, and shall cause to " be distributed a copy of each such statement to each Member, and to each first Mortgagee who has filed a written request for copies of the same with the Board 'of Directors, in the manner provided in the By=Laws of the Association, At least: sixty (60) days prior to the beginning of each £iscail year, the Board of Directors shall prepare and distribute for the approval of the membership of the association, a written, itemizedestimate (budget) of the expenses to be incurred by,the Association during such year in performing its func- tions under this Declaration (including a reasonable prpvi_ sion for'contingencies and deposits into the COMmOn Area Re- serve Fund, less any expected income and accounting for any surplus Erom the prior year s respective Pebb_ewooa Pines Maintenance. Fund. Each Annual Assessment shall constitute an acggre�.` gate Of separate assessments for each of the PebbleWcod�Pines Maintenance Funds, reflecting an itemization of the amounts assessed and attributable to prospective deposits ir.to the Common Area Reserve Fund, the Operating Fund and any other Pebblewood Pines Maintenance "Fund established by the Association: If the estimated sums protye inadequate for any reason, n- cluding nonpayment of any Owner'l °s',.Annual Assessment;, the As - .' _ soca tiohmaY, at any t�me, levy GuLther Annual Assessments, subject to the provisions of Section 4 of this Article,, for any of the Pebblewood Pines Maihtenance Funds which shall be as= % sensed equally' against the Owner of 'each Lot in the -Proper-; ties: Each installment of an Annual Assessment may be paid by the Owner to the Association ;in one check or payment or in separate checks, as payments attributable to deposits into specified Pebblewood Pines Maintenance Funds, In the event that any installment of an Annual r`,ssess,:.ent pays ent is less than the amount assessed and the payment does not specify the Pebble" Wood Pines Maintenance Fund or Funds into which it should be de- posited, the receipt by the Association from that Owner shall nr be credited in'order of priority first to the Operating Fund,; Until that portion of the Annual Assessment has been satisfied, and second to the Common Area Reserve Fund. �• _lq- .. • p.. �`� F71LCW, RtlL57DN, I � � ' fi NURNS 6 MCRIT Fifdk ! - A LAW COOMAATION J IfY11 At the end of any fiscal year of the Association," the Owners may determine that all excess funds remaining in„, the Operating Fund, 'over and above the amounts used for the operation of the Properties, may be returned to the Members proportionately, or may be retained by the Association and Used to reduce the following year's annual assessments. Upon dissolution of the Association incident to the abandonment or termination of the Po bblewood Pines Project, any Amounts remain- ingY the Vebblew Funds shall be -distributed ro the proportionately P P 1 of the Members as'pro- vided in this Declaration., Section9,. Exempt Property. The following property subject tn"�his Declaration shall be exempt from the assessments herein - (a) All Properties dedicated to and accepted by a local public authority; and ,> (b) The Common Area. .ARTICLE 'VII EFFECT OF NON-PAYi$ENT OF A55ESSMtNTS REMEDIES OF THE' ASSOCIATION Section 1, Effect of Non-Payment of Assessments: Remedies of the Association. Any installment of an Annual Assessment, Capital lmprovenent Assessment, Special Assessment or Reconstruction Assessment not paid"within -thirty (30) days after the due cute shall bear interest from the due date at the rate of ten percent (:10%) 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. ,To Owner may waive or otherwise escape liability for'the assess- ments provided for ,herein by nonuse of the Common Area or t atondonment of his Lot. if any installment of an Annual Assess- ment is,not paid within thirty (30) days after its due date, the Board may mail an acceleration notice to the Owner and to ieach fir.,t Mortgagee of a Lot which has requested a co of the PY f notice. The notice shall specify the fact that the install- B y (lj meht im delinquent, (2) the action required .to cure the default, „ (3) a date, not less than thirty (30) days from the d,'te the notice is mailed to the Owner,. by which such default must be cured, and (4) that .failure, to cure the default onor before the date specified in the notice may result in acceleration of' the balance of the installments of the Annual'. Assessment for the then current fiscal year and', sale of the Lot. The notice shall further inform the Owner of his right to cure after acceleration and to'bring -a court defense of the Owner to acceleration and sale. if the delinquent, installments,of Annual Assessments and any charges thereon are not paid in full on or, before the date specified in the notice, the Board at its option may declare' All, of the unpaid balance of the Annual A;sd&s ent to be immediately dlie and payable without further demand and may enforce the collection of the full Annual Assessment and all charges thereon in any manner authorized by law and this Declaration, suhjeet to the protection afforded Mortgagees. N �.i dUn,+9 8 tdckltt'RICK A tAw CQRPOi M" u .i Section 2. " Notice of Assessment, t;b action" ]ion Or to pro- shall be brough�ta £oreclbse sad assessment sale herein provided less than thin} Geed under. the power of ' after the date a Notice of AssessmOht 3,s deposited, (e .ys int tlnited.States Mail, certified or registered, postage ' inthereof is re- to the Owner of said Lot, and a°copy o the in the Office Of the County Recorder corded by SOciatlan in which the Properties are located; said Notice of Assessment description of any such must recito a good and sufficient legal or reputed Owner thereof, the amount Lot, the record Owner claimed (which may at the Association's option plusLrreasonablede interest ' (ltl )� on the uhV,,?i assessment at ten percent and expenses of colandithe1on attarneys'�fees nameT1andnnection addreSs of the debt secured by said lien), be signed and the claimant. Such 4:otice of :?sspssiaent shall of the Association, and said lien, acknowledged by an officer shall be prior to any declaration of homestead recorded after lien the date on Which„this Declaration is recorded. The fully or otherwise satisfied. shall continue until paid section S. Foreclosure Sale. Any such sale t of provided fora Ove -.s to be c_o auct�he olrd other persons authorized by the Directors, its attorney or with the provisions of Srctioi`\"192i Board, in accordance 2924a 2924b and 2924c of the civil Code of the stake of Of Powers of sale in californiai aPPl cable to the e!4ercise deeds of trust, or in any other itlanner3rmitted �► mortgages and by The Association, through duly authorized agenja, law: le shall have the power to }yid on the Lot at foreclosurt��asare. and convey and"to acquire and hold, lease, mortgage Sect�4_• c,uli nc of. Default. Upon the tirely Assessment was " curing of any default for v7hIch a Notice of r Association, the officers thereof are hereby filed by the authorized to record an appropriate Release of hien, Upon fee, to be payment by the defaulting Owner of a reasonable Assogiatian, but not to exceed Fifty Dollars etermined by tit.e (eterm ) to cover the cost of preparing and recording such 're- d lease.' Section S. Cum ulatiye,Remedies`' The assessment lien and the riffs t4 foreclosure and sale therteunder shay ot ell amay rhavehts be i'n, addition to-and not ;n� onlandi iton s assigns remedies whicthe e�w Y and a money assessments,Uasuit judgmenthereunderfordunpaid�by above*providedrecover Section 6. rtort�'tdtae ,protection. Notwithstanding' all other provisions hereof',,--no lien create Under thcts Article Declaration, nor the enforcement VII, 'nor any breach of this of any provisions hereof shall de-feat-or render st Deed of firs rights Of the Beneficiary under any recorded deed Of trust with first priority over Trust,(meaning any deeds of trust} "upon a Lot made in good orfaith other sore othero'person Value, provided that after such enal furry by foreclosure or means of obtains title to such Lot Deed forth in such Deed �bf he hins�tall- tile- powers set Payment Ofoall "subject to the Declaration. and the Payment date such , train ments of assessments accruing subsequent to the Person obtains title. �✓ Beneficiary or other ' • . . n.. PULCN'. FOI:G7ON.�s ,. munNe d n�eKtrralea �f. ARTICLE 11111 s ARCILIT2CTbRAL CONTROL, Section 1. Members 'of .Corminittee. The Archi- tectural Committee, sometimes referrer o in this Declaration as'the "Committee", shall consist of three (3) members. The initial members of the Committee shall be appointed by Declarant, whose business address is Route l Box 299, Road P at 25, Orland, California 95963:- Subject to the following provisionst Declarant shall have the right and power at all times to appoint and remove a majority of the members �•- of the Committee or to fill any vacancy of such majority until. the "turnover date" which shall be the date on which either (1) ninety percent (90,$) of the Lots subject to this. Declaration have been sold and the deeds recorded ("close of escrow"), or (2) five: (5) years following the date of issuance of the Final Subdivision Public Report for the Properties, whichever occurs earlier. Commencing one (1) year from the date of close of escrow for the sale of the 'first Lot in the Properties to a purchaser (other than a Developer) from Declarant, the Board shall have the power to appoint one (l) member to the Committee, until the turnover date. Thereafter, the board shall have the power to appoint and, remove all of the members of the Committee. Persons, appointed to the Com- mi.ttee by the board shall be from,,;the membership of the Aoso- ciation, but Persons appointed to the Committee by Declarant need not b€ members of the Association. The.Commit,tee shall ` have the right and duty to promulgate reasonable standards „ against which to examine any request made pursuant to t a:s Article, in order to ensure 'that the proposed plans conform harmoniously to the exterior design and existing materials �- of the buildings in the Properties. The Committee may designate and appoint a representative who is a licensed architect and " a majority of the members of said Committee may, from time to time, remove or replace such representative. The designated i ,representative of the :Committee may be; but need not be, a I 0 mutt be member of the Committee. Such representativem canes , suited prior to disapproval `of, any plans by the Committee, but the decision of the Committee with respect to the°approval or, disapproval thereof shall be finale Section 2. Review of Plans and specifications. The Committee shall consider and act upon any and all p ans and spec if:ications submitted for its approval under this t� Declaration and 'perform such other duties as from time to time "shall be assigned to it by the Board, including the, inspection of construction in progress to assure its conform- ance-with plans approved by the Committee. No construction alteration, additiont modification', decoration, redecoration or reconstruction of an Improvement in the Properties shall be commenced or maintained, until the plans and specifications therefore showing the nature, kind, shape, height, width,. color, materials and location of the same shall have been sub- mi'tted tq�the Committee and approved in Writing by the Committee. The address for submission of such plans and.s,pecifications shall be the address of the principal place of business of the association, as further provided in the By-Lawsy The (' Committee shall 'approve plans and specifications submitted for `z its approval only if it deems that the construction, altera- tions or A dditions contemplates) thereby in the locations y, r'ULOP° ROLSTON, - t. `. nunHa S mdKi TRICK 11 A LAW COMM. M: TION 1 , anco or any szru�cuure arseozea Lnereoy will no in narmony with the surrour'ding structures, and that the construction thereof will nd't detract from the beauty, wholesomeness and attractiveness�'of the Common Area or the endo}dent ereof by the DIembers, ar{d that the upkeep and maintenance,thertheof will not become a burden on the Association. The Committee may. condition its approval of proposals or plans and specifications for any Improvement (1) on, such changes therein as it deems appropriate, (2) upon the agroement by the person (referred to in this Section 2 as "applicant")`submitting the same to grant appropriate easements to the Association for the�'aintehance of the IinproveMent, or (3) upon the agreement of 'the applicant to reimburse the Association for the cost%of such maintenance, or all three, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted: The Committee may also issue rules or guidelines seting forth prooedures for the sub- mission of plans ,for approval, requiring a fee payable to the Association to acompany each application for apprpval,, or additional factors which it will take into consideration in reviewing submissions. The Committee may provide that the amount of such fee shall be uniform, or that it be determined in any other voasonable manner, such as by the reasonable cost " of the conrtructionr alterations or additions contemplated. )The Committee May require such detail in plans and specifiea- tions submitted for its review as it deems proper, including,, without limitation, floor plans, site plans, drainage plans,,, elevation drawings and descriptions or samples of exterior material and colors. Decisions of the.Committee and the ree-`- sons therefor shall ,be transmitted by the Committee to the applicant at the address set forth in the application for approval] within thirty (30) days after receipt by the Com, mittee of all materials required by the Committee. Any ap- plication submitted pursuant to this section 2 shah be deemea approved, unless written disapproval or a request for additional information or materials by the Committee''shall have been trans- mitted to the applicant within thirty (30) days after the date « of receipt by the Committee of stich„raorlication or additional information. Section 3.. 'Mee tins s of,the Committees The Com- mittee shall moot £rem time to tsme as, necessary to perform. its duties hereunder. The Committee may from time to time, by resolution unanimously adopted in writing, designate a Committee Representative (who may, but need not,,, be one of ittp members) to take any action or perform any duties far and on b6,half of thy: Committee, e.Xcept the granting of var-,, iances pursuant to $edtion S -of this Article VIII'. In the absence oi,such aes'Ignation, the vote of any two (,2) members of without a meeting, shall constitLite ,, an ar ct r"the, Comtnir., section 4% No Waiver. of Future Approvals. The appirodal of the Co, ittee to any proposals or plans ana,pe- cifications or drawings fpr any work done or proposed oi� in connection with any other Matter requiring the approval and. %u consent of the Committee, shall not be deemed to constitute '41 a waiver of any right to withhold approval or consent as to V cr /ULOP, nowec$N. r NWIN9 4 'MCkITTRiCK. A LAW C00000' lo” > 3 ., , ., ........., ,..w...«-.,,.r.+....-.rn•:++�. _. ,,,,..,,,,.,..,,._,—.,_ twat, i any similar proposals, plans and specificati.,or,s, drawings or matter whatever subsequently or additionally submittdd for approval or consent. Section 5: Comnensation: of Membersi The mem-".,y : bees of the Comnu.ttee shall ri eco ve no"compensa�an tot ser- „ vices rendered, other than reimbursement for expenses incurred by them, in the performance of their duties ,hereunder. Section 6. Ncorrection of Defeats. Inspection of work and corxect on of defects t erein s M. proceed as follows (a) The Committee or its duly author- ized representative may at any time inspect- any Improvement for which approval of plans is required under this Article VIII, proVid- ed,'however, than the Committee's 'right of - inspection of Improvements for which plans have been submitted and appYoved shall ter- minate sixty (60) days after such work of: - Improvement shall have been completed and the'respeckiVe owner shall have given writ- 'ten notice to the Committee of such comple- - tion. Thw Committee's right of inspection shall not terminate pursuant to this para- gkAph in the event plans for the work of Improvement have not previously been sub- f muted to and approved by the Committee.. �� 11 If, as a result of such inspection, the 'that �ommittee finds � such Imp,: ;cement was done without obtaining approval of the plans, therefor or was not done in substantial compliance with the plans approved by the a Committee,, it shall notify the Owner in writing of to comply with this ;faire Article within sixty (60) days from f' the`inspectionj specifying the particulars Of noncompliance, Tho Committee shall have the'authority to require the Owner to take such action as may be.necessary to remedy the noncomplianct:. (b) If upon the expiration of sixty (6b) days from 'the date of such notification, the Owner shall have failed to'remedy such , nonr_ompliance, the Committee shall notify the Board in writing of such failure. Upoh notice and hearing, as provided in the By_ l,aws'j the Board ;shall determine whether there is a noncompliance and] if so, the nature thereof and the esti)-.ated cost of 'correct--i ing or removing the same. If a noncompli- ance exists, the Owner shall remedy or remove thesamewithin a period of not more than forty-five ,(45) d ys from the date that notice of the Board ruling is given to tho-11 Owner. If the ow `?r does not comply with t the Board ruling wiF:.atin such period, the Board, at its option] may record a notice w.. �� j .. purika h MckittRlak n;:Uw oonronAnoN �` ` U r of noncompliance"in�,the,Office of the County Recorder, of; Butte County and may peacat, ijlly remove the noncomplying Improvement or other,- wise peacefully remedy the noncompliancot r!t and. the Omer shall reimburse the AssC 014 =., tion, upon demand, for all expenses inourrpd in connection therewith. if such expGtjses are not promptly repaid by the Owner t6 the " Association, the Board shall levy a Special Assessment against such Qi,+ner for r.eimburse- ment as provided in this Declaration. The ,right of the Association to remove a noncom,t- t plying Improvement or otherwise remedy the nonoompliance shall be in addition to a1.1 f.; otherrightsand remedies which the Associa- tion may have at law, in equity or in this Declaration. (c) 2f foi any'reason the Committee fails to notify the owner of any noncompli- ance with previously submitted and approved` plans within sixty (60) days after rCceipt of said written notice of completion from the owner, the improvement shall be deemed „ to be in accordance with said appresved plans,. Section 7. Nonliability of Committee Members,. Neither Declarant) the Committee nor any member of the Cly% mittee, the Board not their duly authorized representatives shall be liable to the.Association or to any Owner for any loss, ;�dmage or injury arising out of or in any way connected, „ With the performance of the Committee's duties hereunder, } unless due to the willful misconduct or bad £ai.h of the Cot- Iae Committeereviewove alltpl ns,subm3 itall forran posed Improvement, 411,0r-- ation or additions solely on thebasisof aesthetic consider- ations and, the overall,benefit or detriment which would result to the immediate vicinity and the Properties generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs) placement of buildings; land- scaphg, color schemes, exterior finishes and materials and :• simi.ar features. ',Che Committee's approval or. Aisapproval_ shall: be based solely on the considerations set forth in this Article Vitt, and the Committee shall not be responsible ` for reviewing, nor shall its approval of any plan or design be deemed approval of, any pilan or design)�vom.,the 'stand- point of structural safety or conformance with building or other codes. Section S. Variance. The Committee may author- ize variances from compliance wrEh any of, the architectural ® provisions o£°this Dedlaration, including" without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship,, aesthetic or environmental Consideration may require. Such;, variances must be evidenced in writing, must be signed by at least two (2) members of the Committee and shall became effective upon recordation in the Office of the County Recorder of PQ Butte County. if such variances are granted, no violation.. 7.,) � 6 .... /LlLbA, ROtsTCN, eUMA a NtK1rTAlcK Ir A &A* t606RAM6 ,ivmevae,m�mati 1 of the covenants, conditions and restrictions contained in th''iss Declaration sha11 be deemstl to have occurred with respect to the matter for which the variance was granted. The grant- ranting ingof such a variance ?hall not operate to 'waive aty of the terms and provI4ions of this Declaration far any purpose n except as to thel;particular property and particular provision G, hereof covered by the variance, nor shall it, affect in any way the Owner's obligation to comply with all govtrrnmental laws and regulations affecting his use,of the prernlues, in- eluding but not limited to zoning ordinances and lot set-bat'k Lines or requirements imposed by any governmental or munickpal''. authority. ARTICLE IX MAINTENANCE AND REPA'tR OHLICAT ONS' Section li mmintenance.Obligations of Owners. Subject to the duty of the � soc�ation to prov.iaee for - main-tenance as provided in, Article IX, Section 2 of this Aeclar- ation, it shall be the duty' of each Owner, at his so!4 cost and expense, subject to the provisions of this Declaration , regarding Architectural committee approval' to Maintains repdir, ;t,eplace and restore, ares subject to his exclusive i,, sanitary and attractive cundiion, sub- contro_ in ?:neat, sect to the approval of the Association. Areas subject to the exclusive control of an Owner shall be deemed to include, ! but not 'be limited to, the interior and all glass portions of the Owne'r's ,Dwelling Unit and the Iandscaping and yard areas (with the exception of the Landscape Maintenance Atgas) on that individual Owner's .Lot. If'any portion of the Common Area 'has been included within the fenced tratio or, yard area of an. Owner, said, Owner shall maintain'the Common Area so, in- cluded as if, it were a part of his Lot, and an easeir;ent for such'encroachmeat shall etist as provided in Article XV; f Section 8. Upon the failure o., said Owner t o Architect ral pairhe p j , the Architectural I not Committee g , duty, to make such repairs or toperformsuch maintenance, and the cost.therdof shall be charged to the Owner, Said cost shall be a Separate, ,,Assessment and shall create a lien enforceable in the same manner as other assessments as set forth in this Declaration: Section .2. baintenlance Obligations of Assori- ?tion, No impimp ovement, excavation or work which in aRy7tyay- alters the Compton Area, the .Landscape Maintenance Areas or the .Structural Maintenance Areas from their existing state on, the date any such area is conveyed by Declarant to the Association or a purchaser of a Lot shall be made or done by any person other than the Association br its at2thor. ized agents. Subject 'to the provisions of Section 1 of this c1 Article' the Association shall maintain, or provide for the maintenance of all of the Common r`+''rea and all improvements thereon, including recreational, facilities and private streets and parking areas, in good order rind repair, and shall likewise provide for the painting, exterior maintenance and minor, rd- -and and replacement as necessary for the Structural Maintenance Areas, commonly metered utilities, and the interior and exterior of the Common Area facilities and Buildings. The Association ,shall also be responsible for the maintenance and replace;nent of 40 trees, shrubs,: vegetation, walltways, irrigation systems atd M „ other landscaping Improvements located on the Landscape .fain-- tenance Areas. With the exception of the Landscape Main- tenance Areas,each owner shall, maintain, repair and replace the landscaping looted on his individual Lot as pro}tided in Suction I her+sof. �kAll or- the foregoing obligati,6ns of the Association shall be discharged when and in such ''Manner, as the ' Hoard of Directors of theAssociationshall, determine in their( judgment to be'appr,opriate. eULOPI ROL•JTOM. ,.:,, ..+..•,., • k! u Bunko & McKlttpfck .,. -21- 1, WW COIIIWMTAON " + u Section 3. Damage and Destruction �Aft ctirig Lots - Duty to„ Rebuild. if till or any :portion Of 4tny Lot or Dwelling Unit is damaged Or tlesticoyed by ii1;e or other casualty, it shall UO the duty of the Owngror! said Lot or Dwelling Unit to rebuild, repair or reoonotrudt said ;ry Improvements in a manner which will restore them tubstantially" to their appearance and condition immediately prior to the casualty; provided, however,, that if the Association is main- taining a blanket policy of casualty insurance in accordance With Article XII of this Declaration, then it shall be the duty of the Association,to make such repairs. Section _4. Variance in Exterior Appoarances,, and_Design. Any Owner who has suftered damage may apply for approval to the Architectural Committee for reconstruc- tion, rebuilding or repair of his Dwelling Unit in a manner which will provide for an exterior appearance and design l different from that which existed prior to the date of the casualty: Application for such approval shall be made in writing in accordance with Article VIII hereof: Section S. Time Limitation. The dwnor or Owners of any cTamaged Lot or Dwelling) n t; t Association and the Architectural committee shall badobligated to proceed with all due diligence hereunder, and the responsible party shall commence reconstruction within six (6) months -after the dam- age occurs and complete reconstruction within one (1) year after damage occurs, unless prevented by causes beyond their <<J reasonable control. 1.4 ARTICLE X USE RESTRICTIONS The T?roperties s4all be occupied and Used, subject to the following limitations and restrictions, subject to ti the exemptions,nf Declarant in Section 11 hereof. j Section 1 Single Eamily,Residence. Subject to Section 3 of th s Article X, each Lot shall be used as \� a residence for: a single family and for no other purpose. ,) Section 2. Business or Commercial Activitv: Subject to Section 3 of this Article X, no part of the prop- erties shall ever be used or caused to be used or allowed or authorized in any way I 'directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, '~vending 'or other such nonresidential purposes= except Declar- eclar-ant, ant 'its successors or assigns, may use the Properties for a 'model home site, and�display ,and sales orf'ice during the construction and sales period in accordance with Article Il, section 1(i) of this Declarations and excepting professional and administrative occupations without external evidence thereof,; for so,long ,as such occupations are merely incidental to the use of the Dwelling Unit as a residential home. Section 3. Nuisarices. No noxious or offensive, activity (incl.L�dz g but not 171MIted to the repair of motor .x vehicles) shall be carried on, in or upon any Lot or the Common Area, nor shall anything be done therein which may be or become an unreasonable annoyance or a nuisance to ;any other 04mer. 14o loud noises, including but not limited to c e.x'oetgive barking of dogs or playing of music systems, or noxious odors shall be permitted on the properties, an6 the jJ ' µ rULOP. ROLSTON, JJU08 d kMkITTRICK W, . - A LAM cam0ohArw Board of Directors shall have the right to dGtatrnine in accordance with the By -Laws if, any poise, odor or activity or the source , producing such noise, odor or activity constitutos a nuisance,. F11'thout limiting thep generality of, any of thO foregoing provi- 5 g k sj ons no extorior' s eaters, horns, whistles, bells or other sdund devices (other than security devices used exelutively for security purposes), noisy o;r smokey vchicloc, large power equipment or large pot(pr tools, unlicensed off-road notot vehicles or other items which may unreasonably interfere with television or radio reception of apy Owner in the'Properties, shall`be located, used or placed on any portion of the Properties, or exposed to the view of other Owners without the prior written approval of the Architectural Committee. Section 4. Signs. No sign, poster, display, ;billboard Fr other advert ng device of any kind shall be displayed to the publicv tW on any portion of the Properties or any Lot, without this prior written consent of the :Archi-„ tectural committee, except one sign for each Dwelling Unit, of not more than eighteen inches (18 11) 1 by thirty-six inches (3601), advertising the property for sale or rent, or except 'successors signs, regardless of size, used by Declarant, its or assigns, to advertise the properties during cohstrtiction, and sale period. ei Section 5 Park ing and vehicular_Aestrictions,. a Lot shall P I ve cit ex- rIo Oamer o park, store or kee any sept Wholly within a parking area designated therefor: To the maximum designed parking apace, all vehicles the extent of owned, operated or controlled by an Owner shall beparked within such owner's enclosed garage. No o�.tner shall park:, store or keep on any property or street (public or,private) within the Properties any large commercial -type vehicle E (dump truck, cement -mixer truck, oil or gas true% or delivery, c truck or any truck which exceeds three-quarter. (3/4) ten), any recreational vehicle (camper unit, house caro motor home) pa bus, trader, trailer coach, camp trailer, boat, aiecraft,, mobile home; inoperable vehicle or any other vehicular equipment, mobile or otherwise, deemed to be a.nuisanc4 by the>,Board, except wholly within a fully enclosed garage, space occupied and then only to the extent that the garage so is not, required by such fawner to accommodate his passenger,- vehicles. No oWner of a Lot shall conduct mayor repairs or major restorations of any motor vehicle, boat; trailer, aircraft or other vehicle upon any portion of any Lot or Upon. the Common Area, except wholly within the owner's garage, and then only when the garage door is closed; provided, how- ever, that such activity shall at no time be permitted if``. it is determined by the Board or its agent to be a nuisance. Garage doors shall remain closed except for reasonable periods while the garages,are being used. Garages shall be Used '£ar garage purposes only and shall not be converted to other uses. Section 6. Animal,Restrictions. 1.10 ani^„als, livestock, xepta. 7es or you try ox any .in shall be raised, bred or, kept or, any Lot or the Common Area, except usual and ordinary dogs,, cat$0 fish, birds and other household and pets may be kept on Lots subject to rules regulations adopted by the Associa,Kion, provided that they are not kept, bred or maintained for commercial purposes or in unreasonable Ounreasona'ale K„ quantities. As used in this Declaration, quan- tities"' shall ordinarily mean more than two () pets per households,provided, however; that:: the Association (or the Architectural Committee or such other person or entity a; M t+ FULOP, AOLBTON, BURNS 4 M4KIM11Rk ? ' ' .. A LA* KJRPCRATION :.. • 6� theAssociation may from time to time designate) m, determine that a reasonable number in any instance may,. be more oe fess, The Association; acting through the toard of Diroctors, shall have the 1-ight to prohibit maintenance of any animal which constitotesi in the opinion of the heard,a nuisance to any other Owner. Animals belonging to Owners, occupants or their licensees, tenants 'or invitees within the Properties. must be either kept within an enclosure, an enclosed yard.or on a leash being held by a person capable of controlling the animal, The enclosure must be so maintained that the animal cannot escape therefrom and shall be subject to the approVd of the Architectural Committee. should any animal belonging to an'Owner be found unattended out of the enclo- sure and not being held on a leash by a person capable of controlling the animal, such animal may be removed by any, Member of the Association to a pound under the jurisdi:tion of the public entity having jurisdiction and subject L ;1;the laws and rules governing said pound, or to a comparab'le'a, animal shelter: Furthermorer any Owner shall be absolutely' liable to each and all remaining` dwners, their families, .,, =,guests, tenants and invitees, for any unreasonable noise x, or daanage to person or property caused by any animals brought ` or kept upon the Properties by an Owner or by members of his family, his tenants or his guests; and it shall be the abso- lute duty and responsibility of each such Owner to 'clean up' after such animals which have used any portion of the Common Area Section 7. Trash. No rubbisht trash or garbage or other waste material shall be 'kept or permitted upon any Lot or Common Area, except in sanitary containers,"located in appropriate areas screened and concealed from view. In no event shall such containers be maintained so as to be visible, from Common Area or any neighboring Lot. There shall, be no exterior fires whatsoever except barbecue fires contained within receptacles therefor and .ire pits designed in such a ,manner that they do not create a fire hazard: Nd clothing or household fabrics shall be hungt dried or aired in such away in the properties as to be visible to other property, and no lumber, grass, shrub or tree clippings or plant waste, metalst bulk material or scrap or. 'refuse or trash ' shall be kept, stored or allowed to accumulate on any portion• =` of the Properties except Within an enclosed structure or ap� propriately screened from view. No weeds; diseased plants or seeds infected with noxious insects or plan diseases shall be grown, placed or permitted to accumulate upon any Lot which, in the opinion of 4h;� Architectural Committee, unsanitary, renders any such Lot unreasonably unsightly,, offensive or detrimental to any *pct in the vicinity thereof. In the event of the failure of an Owner to comply with any „I of the requirements of this -Section, the Association,//c"aing through its authorized agents, ._shall have the right, fIafter notice and hearings'to enter upon such Owner's Lot and re- move all such weeds, plants, rubbish, debris; objects or materials and do all things nedessary to place such Lot and a' any,' improvement thereon ,into compliance with, the requirements of this section: Any expenses it connection with such entry; $ removal and activity shall be reimbursed to the Associatidn as a special Assessment which shall become a lien upon the Lot of the offending Owner, as provided in Article ilii of thi's Declaration. coC -24- AUHN6 6 McKlT7piCK `` See- -.ion 8, View Obstructions, :It; tuonce, hedge, wall or other. dliv`iding ins;:rumental ty over piV. ,feet (V) in height measured from,ylie ground on which it utands shall.. be constructed or main,'dlned on any Lot except au Declarant may vary or exceed-�a'id heighcjor location of arty fence in accordance with its architectural plans, ,action 9. Temporary uil,di,nt�,F; filo dutUuilding, , basement, tent; shack, she6 r other temporary building or Improvement of any kind shall be placed,upon any portion of the Properties either temporarily or permanently: No garage, trailer, camper, Imotor home or recreation vehicle shall, be 'the used as a residence in Properties, either temporarily or permanently, Sectioft"10. Common Area Vacilities. Nothing shall:. be atered or constructed in or removerzrom the Common Area oe Landscape Maintenance Areas, except upon the written consent of ,the Association. Section 11. Declarant E.:emption. Declarant �1 or its successors or assigns will underta%e the war% of ` constructing Dwelling Units and developing all of the Tots \t included within the Properties. The completion of that 6rk and sale, rental and other disposal of Dwelling Units is essential to the establishment and welfare of the Properties as a residential commun'atyo As used in this Section and its ubparagraphs, the words "its successors or assigns" speci-., improved fically do not include purchasers of Lots with cam+- pleted'Dwelling Units. Subject to the express provisions of Article 2I, Section 1(i') of this Declaration, in order that said work may be completed and the Properties be established as a fully occupied residential commtt;nity as rapidly .as'pos- siblo, nothing in.this Declaration shall be understood or cdn- strued to; (a) Prevent Declarant, its successors or assign;;, or its or their contractors or sub- contractors, from doing on any Lat'o',med by th&n whatever they detetmine to be necessary „ or advisable in connection with the completion of Said > wory,; including without (limitation, the alteration of construction plans and designs as Declarant deems advisable in the course of development; or (b) Prevent Declarant, its successors, !i, assigrils or representatives, from erocting; �.. constructing anti maintaining on any Lot, or, portion thereof, owned or''controlled 'by beclarant, or its successors or "signs or its „ contractors or subcontractors, such structures as may be reasonably necessary' for the conduct of its or their business Of cor,.pleting said work and establishing the Properties as a residential community and disposing of the same -11 Lots by sale., lease or otherwXse; or (c) Prevent beclarant, its successdrs , or assigns, or its contractors or subcontractors, a: from conducting on any Lot, or any portion thereof, t4 owned or controlled by Declarant, or its successors i or assigns, its or their lousiness of`completing, - said work and of establishing the Properties as a residential community and of disposing of the same in parcels by'salej lease or otherwise; or -25- ;. ..4. _. " ' MJlbpa nglsToNr. nUpffe &. Mcit IY7lilCK r �kQ,"�� N;,. # 4AW l.UR�o�ATJdii' �� f r� Y v (d) Pxev nt DAcla'rant, its zzUr�sssors ax assigns or its contractors or subcoritr'tctors, sign or sirens tin any Lots from maintaining such owned or eont•rolled by any of them rug rray be necessary in connection with the.nalo, lease or other marketing of the PropertiOti,, section 12. Antennae. No radir) Ot,Ationi "'CB" or shortwave operators of any •ind shall operate from any Lot or Dwelling Unit unless approved by the bdatd of Directors. with the exception of a cable or rhasster antenna system (1,CATV/2•4%TV11), no exterior radio antenna, television "shall antenna, i'CB" antenna, or other antenna of, any type the properties without the prior be erected or maintained�'In approval of the Architectural '"Control Committee. The Declarant, at its expense, May cause a CATV/ttAT41 system to in the Properties„ and the choice be installed upon any Lots of the Lots or Common Area to be used for ,such installations shall be w.l'hin beclarant's sole discretion. The repair, maintenance 'and replacement costs of any such CATVasess ments Expense included in the assess system shall. be a'Common made by the Association, Section 13. Insurance hates-. Nothing shall be ,, done or k'ept=n Effe properties whit wa 1 increase thu rate of without insurance on any property, insured by the Association shall anything be done or kept the approval of the Beard, nor in the Properties which 'Would result in the cancellation of Insurance on any property insured by the Association or which ;,would be in violation of any law. section Drillin i No oil drilling; oil _14 development operations, oil rerining, quarrying or mining \ 'kind, shall. be permitted upon or in any``;"- operations of any Lot, nor, shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the'surface of any Lot or: within '(5501) below the surface of the Pro fifty feetp five hundred erties., No derrick or, other structure designee for use in boring for water, oil or 'natural gas shall be erected, main- tained or permitted upon any Lot: Section l5. Further Subdivision. No owner, shall further partition or subd viae Els Lot; provided+ hoWeveri that this provision shall not be construed to ,limit the right of an owner (1) to rent or lease all or a portion of his Lot•by mean's of a'written lease or rental agreement subject to the restric- tions of this Declaration, to long as the Lot is not leased for transient or hotel purposes; (2) to sell his or her Lot; or (3) to transfer or sell: any Lot to more than one person to. be � held by them as tenants -•in -sermon, joint tenants, tenants by the entirety or as commtinity property. The terms of any such lease or rental agreement shall be -subject in all respects to the ptgvisions of this Declaration and the Dy -Laws of the Associations and any failure by the Lessee of such Lot to com- ply with the terms of this Declaration o;;;- the�--vy-i,aw5 of the Association shall,, constitute a default under the ldase Or rental agreement; section 16, Drainage and Landscaee. There shall be no interference with the established drainage pattern over any Lot within the perts.es, unless an adequate alternative Pro 0 , provision is made for proper drainage and is ,first approved in writing by, the Architectural Commi(?--mea For the purposes i hereof, "Established" drainage is defused as the drainage C� -2b- ,... , .. - <.°:. `"'.,• ." 'opRNii-is MeitiTT541CK ' t �. IJf�4 CtlnwN�7i4N 1 i which exists at the time that such Lot in oolivoyed to a: purchaser from Declarant, or that which it-, shown 1 approved,on any plans approved by the Architectural comm>JLLde, which may ,,ns drainage from the Common Area, ovor any Lot or Lots in the properties, Unless first ` approved In writing by the Architectural Control Committee, no OW11or shall (1)' plant any tree within his fencedpatio br yard area where the 4stance between the center of the tree trunk and any "4hll or fence is less than three (3) £trot; or (2) plant, alter or maintain any portion of his Trot wtich'lies outside of the fenced patio or yard area. Section 11. tVater 5upnly ,S stents, No individual water supply, sewage disposal system; or water softener Sys- tem shall be permitted on any Lot in,the Rropertios unless such system is designed, located, constructed and equipped an accordance with the requirements, standards and recommen- dations of any applicable water district the Butte County r", Health Department, the Architectural Committee, and all other, applicable governmental authorities.' ' Section 18. Violation of Govexr�inq/Instruments, There sha n Yolatio`n'or the ,l rastrx6tzons of tFIs Declarat"- 'on or of the rules and regulations i of the Associa-. tionadopted in 'accordance with therovis' Laws. If p ions of_ the By- any Owner, his famil nsee, y, guest, licelessee or invitee violates any such restrictions, the Board may impose a reasonable Special Assessment upon such Owner for each violation and may suspend the voting privileges of such Owner as further provided in the By-Laws; Such Special Assessment shall be collectible in the same manner as Annual Assessments hereunder "but the Board shall give such OivneY Notice and Hearing before invoking any such Special Assessment or suspension. ARTICLE X]C ' DAMr1GE OR DESTRUCTION TO CObLkION ARIA -------------- Section 1, Damage to or destruction of all or any portion of the Common Area shall be handle& I in the following manner, notwithstanding any provision in this Declaration to the contrary (a)--In'the event of damage or destruction' to the Common Area, and the insurance proceeds are sufficient to effect total restoration, then the Association shall cause such Common Area to be repaired and reconstructed subbtantially" as it previously existed;, (b') If'the insurance proceeds are within Ten Thousand,bollars ($10,000.00) or less of being sufficient to effect total restoration to the Common, Area, then the Association shall cause such Common Area to be repaired and. re- :x constructed substantially as it previously_ eXistodand the difference between the insurance proc �s..and the actual cost shall be levied as a Recdn'structon Assessment equally R ;against each,. of the Trot Owners, in accordance with the provi- sions of Article V1, Section 5 of this Declara- tion. 1\, rn -27- YULoi'r kOl.gTp,.��.: BURNe ri MCKIrMICK..., .-, .. ,..... ,, ,... ,... ..;: . A LAW'CGAFOMTIGN r , (o) if the" insurance proceeds tree ittsuf- fieient by more than Ten Thousand Dollars 0,10,000.00) to effect total -restoration to " the Common Area, then by Written con5unt or vote of Members representing a majoiity of both classes of the votingpower of tha lis- sociatich, they shall determine whetber (1) to rebuild and restore in substantially the same manner as the improvements existed prior to damage and to raise the necessary funds over the insurance proceeds by levying equal assessments against all Lots, (2) to rebuild and restore in a way which utilizes all avail- able insurance proceeds and an additional amount not in eXcess of Ten 'Thousand Dollars ($10000.00), and which is assessable equally to all Owners but which is less expensive than replacing these improvements in substantially the same mannan as they existed 'prior to being damaged, or (3) subject to the provi- sions of Article =11, to not rebuild and to distribute the available insurance pwo- eeeds equally•;to the owners and Mortgagees of the Lots as their interests may appear. (d) each f4ember shall be liable to the Association for any damage to the Corr=Oft Area not fully reimbursed to the Association by w insurance proceeds which may be sustained " by reason of the neg.ligence or will,:ul mis- conduct of, said Member or the Persons deriv- ing their rightandeasement of use and en- joyment of the Common Area from said Member, or of his respective Family and guests, both minor and adult. The Association re- serves the right, acting through the Board, after notice and hearing, to (1) determine r whether any claim shall be made upon the in- surance maintained by the Association and (2) charge a Special Assessment equal to;'the increase, if any, in rheinsurance premium directly attributable to the damage caused !' by such Member or the Persons for wham such Member may be liable as described herein. xn%the case of joint owncrshi'p of a Lot, the liability of such Owners shall be joint and several, except to the extent that the Asso- ciation has previously contracted in writing with such joint owners to the contrary{. After- notice and hearing, the cost of correcting such damage, to the extent not reimbursed,,to the ; Association by insurance, shall be a Special Assessment` against the Lot and may be collected as provided herein for the collection. of'annua7 - assessments. AATICLE {i I ® VIS URAyCE t Section l: Casualty Insurance, (a) The Association shall Xeep all buildings, t: improvements and fixtures of the Common Area insured against t loss or damage by fire for the full replacer.ent value thereof,- �j1 „ FULOP. ROLSTON. ou"s a McKITTFICK :1 LAW SONhON{71tlN i without deduction for depreciatiozi, and may al,,V lh insurance against such other hazards and casualties as tho Association may deem desirable, the Assoclation may also ii�nurra any other property whether real or personal, owned by aha Association, against loss or damage by fire and such other h;tgards as the Association may deem desirable, with the hFiC"ociation as the owner and beneficiary of such insurance. The incur ante coverage with .respect 'to the Common Area shall be writ- ten in the na.^Ie of, and the proceeds thereof shall be payable to the Association. Premiums for all insurance, carried by the Association are common expenses included in the assess- ments made by the Association. Insurance proceeds shall be used by the lssociation for the repair or replacement of -the property for which the insurance was care -ed: 'In addition to casualty insurance EY the Common Area, the Association, through the board o Arectors, may elect to obtain and continue in affect, on ';(:half of all ' Owners, adequate blanket casualty insuranc, and fare insur- ance in such form as the Board of Directors deems appropri- -•; ate in an, amount as near as possible to the full rep Idbement, Is value, without deduction for depreciation, of all of the Dwelling Units, including the structural portions and fixtures thereof; owned by such Owners. Insurance premiums from any such blanket insurance coverage, ;and any other insurance {L premiums paid by the Association shall be a common expense ,. of the Association to be included in the regular Annual Assessments of the owners, as levied by the Association. In the event such blanket insurance is obtained by the As- sociation, and only for so long as such policy remains in effect;, the provisions of Section l(b) of this article 'shall hot be applicable. 1 (b) �'Sn the ;event the Association, does not maintain blanket insurance upon property which is not owned by the Association, then each owner shall insure his Lot and Dwelling Unit, including the structural'portions of his Dwelling Unit, against loss or damage by fire or by any other casualty, under the standard form of extended endorse- ment now in use in the State of California or under such cl other insurance as may be required by zny Mortgagee of the residence. All such insurance shall be for the full replace- ment value of the 'Dwelling unit, without deduction for de- preciation. Section 2. Re2lacement or Repair of Peoperty. In the event of damage to or destruction of any part of the Common Area facilities bwnea by the Association, the Associ- ation shall repair or replace the same from the insurance Proceeds available, subject to the provisions of Article Yz of this Declaration. if such insuranceproceeds are insuf- fie eht to cover the cost of repair or replacement of the property damaged or destroyed, the Association may make a w� �j Reconstruction Assessment against all Lot owners.to cover the; insurance proceeds, in ,addition to any other regular"' assessmdnts made against such Lot, Owners, in accordance with the of Article VT, Section 5, andiiArticle XI ru ,provisions of this Declaration. maintaining In the event that the Association is main (V i�; insurance o�i the Dwelling Units on the Tots in the Proper- ties, the k`sociaton shall repair or replace the same from the insurance proceeds. available. if such insurance proceeds Q, ,,, ,nfCor. aolstoN. ' - .. eUANs •n MCKiTTnICK AWWk 011Itli1ATION w law r f'T _ - are insufficient to cover the costs of such rc.,pnir'or xe- placement-of the,owelling Unit or Dwelling Unit;r+ so damaged or destroyed, the Board may levy a peconstruetior. r+ssessment equally against all of the Owners to cover suc)t insurance deficiency. Section 3. LiabilitX and other ]:ntmrance. The Associaticxt shall have the power to and shal.J-'a)"-ain compre- hensive public liability insurance, including morlical payments insurance, in such limits as it shall deem desirable, and Workers Compensation insurance and other liability insurance, as it may deem desirable, including errors and omissions a.tird Directors and officers liability insurance if economically" obtainable, insuring each ]cot Owner and the Association, �1 Board of Directors and Managing Agent, if any,'Evom liability in connection with the Common Area, the .prerciums for which ;a_e common expenses included in the assessments made against the Owners. Such limits shall be reviewed at least Annually by L he Board of Directors and increased in its diOCtetion. Th Board may also obtain such eri,'ors and omissions insurance o; other insurance as it deems advisable insuring the Board ants - each member thereof against any liability for tiny act or omis- - cions insurance or other insurance as it deems Advisable insuring the Board and each .member thereof against any lia-, bility for ,any act or omission in carrying out their obliga! tions hereunder or resulting from-thesir memberhip on the Board or on any Committee thereof, section d. Trustee for Policies. The Associam tion, acting through its Board of directors, is herey'ap- ,i pointed and shall be deemed trustee of the ihteresi'!s -of all named insureds under policies of insurance purchad6d and maintai{ted ,by, the Association, All insurance pr.ockeds under T , any such policies shall be paid to the Board of Directors as TtUSteeSi The Board shall have full power to rec�-+ve �s and to receipt for the proceeds and to deal therewith pro- vided'her'ein. Insurance proceeds shall be used by the �sso- ciat,on for the repair or replacement of the property for which the insurance was carried or otherwise disposed of as provided in Article XI' of this Declaratoin •.;The Board is hereby granted the authority to negotiA'e"ors settle- ments'with the appropriate insurance car,riers`,j)with partici-pation, to the extent they desire, by first meagees who have filed written requests within ten (10) d�rs of receipt of notice of any damage or destruction as pro�J,jided in Article XIII(f) of this Dec],aration. Any two Directory of the Asso- ciation may sign a loss claim form And release form in con- nection with the settlement of a loss claim, and such signa- tures shall be binding on all the .named-i.nsureds. ARTICLt X121 MORTGAGtt PAOTBCTION CL USE Notwithstanding any and all provisions hereof to the contrary, in order to induce the Federal Ho:,..e Loan Mortgage Cor,* poratiot) (IIVIILMgII), the Government National .Mortgage Associatio, rN ('IGNMAII) and the Federal National Mortgage .Association to participate in the financing of the sale of Lots within the � C Properties, the following provisions are added hereto and to r� the extent these added provisions conflict with any other 'pro- visions of the Declaration, these Added pro=tisions s:a11 I control:l ,- r -3U- .. FULOP. ROLSTON.- DURNS 6 MCKITTRICK A LAW egmm"k 10N �y i r i (a) Each first Mortgagee of r !Mart-' ® gage encumbdring any Lot; a -his orrlton r� request, is"entitled to wrikten notiflca- any ultt �tion from the Association OP a the ay the Mortgagor bf such L,6 in the per!o1 =- nce of such tMortgagn `s,!obligaticns under his Declaratioh, the Afticles :of Zhcorpor,a- ion of the association or the By -Laws of the ssociation, which default is not cured within thirty (30) days after the Associ- ation learns of such -'default. Each Owner, including every first f Mortgagee of a Mortgage encumbering any I,at -.h which obtains title to 6V Lot pUrsuant..too "such I f the remedies1provided in Mortga5e, or by foreclosure of such Mortgage. or by deed (or assignment) in lieu of foreclosure, "right shall be exempt from'any of first refusal";. ' (c) Each first Mortgagee of a :Mortgage encumbering any Lot which obtains title to ,surh Lot pursuant to the remedies provided _. in such Mortgage or by foreclosure of -such \r' q® ,Mortgage, shall take tit�c�to such Lot free and clean' of any claimsafor unpaid assessments or ._`urges agqainst such Lot ~( w tick, accrued i, ,.,or, to tide accuisition of title to suchLo by the Mortgages.- (d) Unless at least seventy -'five per- cent (75%) of 'first tiortgagees (based upon on vote for each Mhrtgage:oWned), or seventy- I five percent (758) of the Owners' (other -t:han beclaran,t,) have given their written ,prior approval, neither the Aq;iociation nor the <' owners shall: (1) subject to California ncnprof/it corporation law to the contrary, by act or /� omission seek to abandon,.,'pariltion, alienate, sub'3ivide, releaser hypothecate; encW ber,rtsell or transfer the Common Area and the improvements _ there4)n wh,ch are owned by the ,Association; The granting of easements for public utities or foz other public purposes con- sitent with the intended use of such property by 'the- As,a6ciation, or the transfer of the Common Area to an unincorpo,xte�,association of the owners in accordance wit''<vthe Articles til, of incorporation of, 'the association; shall not w be deemed a transfer within the'rteaninq of this clause.) (Z)change the method of reterming the obligations, assessments, dues or other rGTJ :.r charges which Sna be levied a ainst a Lot g y against �, Owner; -31- y t sem? .._. ku ova, O&OON. r -UURMs Q MGKirnt!cK V1ii CtlIIRMTIt1N '' Y ...PLfIC®63 jjI , ��N� r. J (3) by act or omission; c)jpnge, t waive or abandon any scheme of regu7,4tions, oz enforcesrent thereof, ,pertainInq to the architectural design of the exterior appbar- ince of the Dwelling Units, the'extol'l" maintenance of party walls or commonlfences and driveways, or the upkeep of 1 s, s and planting in the Properties; C` h (4) fail to maintain Eire and Extended Coverage on insilrable Common 1—ta4 property on a current replacement cost basis in an amount not less than one hundred per- cent (100€) of the insurance value (based on current replacement cost);' (5) use hazard insurance proceeds d for losses to any ,Common Area property for other than the repair, replacement or recon- s"=Uction of such `in,provemenLt. r. t (e) Firs''blortgagees shall have the 'f Might to examine the books and records of the Association during normal business hours. (f) All first Mortgagees who have filed a j written request for such notice with the Board of Directors of the Association„shall be given thirty (30) days prior written notice (1) prior -= to the effective date of any,propased,i material airiendment to this Declaration or the Articles Of incorporation or By-laws of the Association, a „ • (2) pri`i3r to the effective data of termination of any agreement for professional management -of 'the „ Properties following'a decision of the owners to assume self-management of the Properties, (3) fol- lowing any daftage to the Common Areawhenever the cost of reconstruction exceeds Ten Thousand Dollars ($10,000:00) ,a{id (4) as soon asLlr� te�;Board learns-- earns ; of of any threatened condemnation ps�";r, ing or pro posed ac uisition of p q any portion of the Proper 105, (g) First Mortgagees may, jointly or singly; j pay taxes or other charges Which are in d0ault and which may or have become a charge agabist any ��f^ Common Area facilities and, may pay any overdue premiums,o:'r hazard insurance policies, or secure new hazard insurance coverage onthe.lapse of a' policy, for such property, and first Mortgagees making slsch payments shall be owed immediate reimbursement ,, therefor from the Association.' In addition o the fore oing, the Board of Directors may enter into such coitr cts ora r y � a g cements on behalf of the Association as are 'required in order to satisfy the guidelines of the VA, the )FHA, the FHLMC, the FNMA or' the GNMA or any s milar;entity, so at to allow for the purchase, insurance or guaranty, as the case may be, by such entities of first Mort, gages encumbering Lots with Dwelling 'Units thereon. Each T Owner hereby agrees that it will benefit the Association and tW+ the membership of the Associat on)t as a class of,potential ' Mortgage borrowers and potential sellers of their Dwelling units if such agei:cies approve the Properties as a qualLfying subdivision under their respective policies, rules and regu= lations, as adopted from time to time, r -32_ ' w Uvr corroNA+low” f ,- Ji TICLE XIV 5XDEYARD EASEM-NTS Section 1. Creation of Ea5emeritn. in addition to the non=exclusive easements provided for FDw.where in this Declaration, Declarant hereby reserves an earsC;nent of use ' •ard area {Y and enjoyment ent as a rivate side } l Lots") over it:in Lots") ) in each%of the following numbered Lots ("Adjoining to 20 to 26, 29 to the Properties: 1 t , 39 and 42 to 44, inclusive. Lots 5, 11, 17, 180 191 27, 28, 40 and 41 are not so burdened and are specifically excluded from the foregoing definition of "Adjoining Lots'11; bots 1, 6, 12; 25 26, 34, 35, 36 and 44 shall not be entitled to Side - ,.,yards. such Sideyards shall be for the benefit of the. Lots In the Properties ("Dominant Lots") adjoining and abutting said Adjoining Lots. unless otherwise indicated, the Sideyards shali be approximately three (3) feet wide and shall extend along 'and from the common side Lot lines separating the Ltomi-- -@�' nant Lots from the Adjoining Lots, across the Adjoining Lots, to the walls ;or foundation'lines .of the structures as are or may hereafter be initially constructed by Leclarant�on the Adjoining Lots, as such wall or foundation lines are extended parallel to the common, -side Lot line to the E;�Lerior'surface of the walls or fonce s>originally constructed by Declarant. The approximate locations of the Sideyards in the Properties are ~' more particularly shown and described on the Sideyard E�:,sement rlav which is attached hereto, and incorporated herein as Exhibit "D",i'� necla,rant further reserves for the -Owner of each Dominant Loti ana'each correspondingly Adjoining Lot, a non-exclusive ease,„ meat for reasonable ingress and egress to and from the particular Si'deyard �or the .respective purposes enumerated in Section 2 below. Declarant further serves for itself and fo: Owners of ,Adjoining Lots, easements appurtenant to Isuch Adjoining bots over the respective Sideyards located on such, Adjoining bots for purposes of accommodating'(M encroachment of overharging"eaves and other iteins_.as initially constructed on the Adjoining 'Lot by Declarant or as constructed With Architectural Committee approv&l and (2) drainage, over the Sideyards in accordance with the established drainage pattern as defined in Article X, Section 16. sectionRestrictions on Sideyard Use. Each .2: Sideyard shall 1 be used and enjoyed subject to the following terms and conditions; (a) The sideyard shall be used only as a general 1 recreational and garden area by the Owner of the -Domi- nant Lot, and each such Owner shall have the right to enter upon the. Sideyard for such purpose,Such pur- pose shall include the right of such Dominant Lot, owner to construct,,Spon the S.4eyard area an uncovered �- concrete, patio, and t.,d plant vegetation and establish an irrigation system thereon, provided such patio and system shall be first approved b,%,�tha Architectural Committee. The. sideyard and eve��',+ part thereof, 'in chiding any fence located therec.i and enclosing the J Side'yard and the drainage syaten established by De= clarant as part of the grading and original construc- ` tion upon the Adjoining.Lot, shall be repaired, re� i placed and maintained continuo t .y in a neat and ori s dsrly condition by the Owner of the Dominant Lots rn ,, (� -33•- FVLOP, AOUIT4H. NURN9 4 MCKiY AI'_K A LAW COq'ORA�14N 1 . a .. DOQ:cd 12/14/77 p ,, rile to•1 10767 (b) The Owner of th Lot: on which 11e Sideyard is located shall have the .right,, at reasonable times, upon reasonable notice and in a reasonable manner, tb enter upon such Sideyard for the pu`r'pose of maintaining, repairing or, restoring the structural wall and appur- tenances of his dwelling and any fence owned "by him which adjoins or abuts the Sideyard. (c) No storage of any kind shall be permitted in the Sideyard, nor shall any object or device of any kind be AMxed to the ,structural wall or fence,, 'adjoins on the. Adjoining Lot whichand abuts the Sideyard without the prior`written consent of the Owner of such wall or fence. '.(d) Except for the fences and structures estab- lished by Declarant, as part of the original, con- struction upon the Adjoining Lot, no fence or other structure of any kind shall be constructed within, upon or adjacent to the Sideyard, without the prior written approval of the Architectural Committee.' (e) Each owner of a Dominant Lot shall be re- quired to obtain,and continue in effect comprehensive public liability insurance, insuring against liability for bodily injury death and property damage arising „ from the activities of such owner on his respective Sideyard area, Iaach Owner of a DOmina"tt Lot, by acceptance of a deed to his Lot, herZry agrees to in- demnify and hold the Owner of the correspondingly Adjoining Lot harmless from any loss or liability, including reasonable attorneys' fees, arising from ' any activity or the installation or maintenance of any Improvement on the Sideyard by such D6miftanz Lot owner, his,family, quests, tenantry, invitees or agents. e^� j/ (f) No use of the Sideyar} shall.be made except as provided hereinabove. 7 r✓"' ARTICLt 'Xv f� GENERAL' PROVTSIGtS Section 1. Enforcement.". This Declaration:, the Articles of Incorporation a"nd the Hy-Laws may be enforced r"J by any Owner, D2clarante and the Association (acting through the Board) as follows;! (a) Breach ,of any of the covenants ton- tained .in the DeCiaration or the BY-Laws and the continuation of any such breach r„ay be enjoined, abated or rer..'ed.ied by apbrcpriate legal proceedingsby any Owner', by Declarant; n= by the Association or by the successors in interest of the Association. Any judgrent rendered ;i in any action or proceeding pursuant hereto shall include a surft ,dor attorneys' fees in ,an amount as the Court.,.Lsay deem reasonable, in ( favor of the prevai.iing party, as well as j the amount of any delinquent payment, interest , S(1' thereon, cbsts of colleer_ion and court costs, P.a , FULOP4 RMATdN. (f`` OURNs A MC"ITTAICk' /` 4 MW COAPORATION / {9R�pl `y F131SfCt1 ilo NO. 10767 (b)- The ,result .of every act or emission whereby any of the covenant contained in this Oeelaration or the ty-Laws rre violated in whole b,or"in part is hereby declar'd to be and consti," fetes a nuisahcei and every remiic,, , ,allowed by law or equity against a nuisance eitlint public or private shall be applicable againsL every such result and may be exercised by any Owner, by the Association or its successors in interest,. (cj The remedies herein provided for " breach' of the covenants contained in this l! Declaration or in the .By -Laws shall be deemed cumulative, and none of such, remedies shall be ✓'" deemed exclusive. d) The, failure of the Association to enforce any of the covenants contained in this Declaration or in the By -Laws shall not constitute a waiver<of the right toyenforce the same thereafter. _ (e) The Board may levy a reasonable monetary penalty against any Owner., as a Special. Assessment collectable as any other assesaent of the Association] after''giving the Owner notice of the violation and an opportunity'for a formal hearing in actor - dance withthe procedure set forth in 'the »y -Laws of the Association (f)A breach of the covenants, condi,' tions or restrictions contained in this l , ;> Declaration or in the Sy -Laws shall no affect or impair the lien or charge os any ` bonatfide first Nzortgage or Deed'of Trust mads in good faith and for Value on any improvements residential Lot or the = thereon p , pidvided, however, that any subsequent QWner 11 of such proberty shall be.,bound'by said cov- enants, whether such Owner's title was acquired L,�, foreclosure in'a trustee's sale .. r lrlb...:, `J f� ''��. SectionSeverability. In'valida'tion of any one of there_ covenants of rest actions by judgment or court order shall in no way affect any other provisions which shall remain' in full force and ef,£eat. Section 3: Term., The covenants and restrid- tions of Ctrs -Declaration shall run with and bind the Prop ernes and shall shall inure to tate benefit of and be enforce- able b y the non or the Owner of any land subject to this Declaratic, their, respective legal representatives, heirs, successors and assigns, for a term of fifty (50),Years from the date this Declaration is recdt4e4after which{'� time said covenants, conditions, reservation of easements, J equitable servitudes and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrume t., signed by the'then owners of a majority of the Lots, has been recorded, agreeing to change said cove- nants and restrictions in whop or in part. s+ �-35_ pvLoH, noosroN, `� '' eURrto 6 AccKttttitek ' ,,�% '� ., .. A LAW ebNramrio,i 'gkw , File No. 10767 r; Section A. Tntezoreta5tion, The provic,rs� r of this D6cldration shall be liberially construed to offec- tuate its purpose of creating a'uniform plan for the develop- ment of a rosidential community and for the maintenance of c6mmunity recreational facilities and community arcus. The article and 'section headings,have been inserted for conveni- ence only, and shall not be considered or referred to in resolving questions of interpretation or construction section 5. Termination and Amendment. Except �Art�.c�1e as otherw:.se provided in Section 3 of this XIV, and subject' to the rights of Declarant under Article X, section - ll, this Declaration may be amended or terminated only by the a£f7•rmative vote or, written consent of not less than seventy'tM;ve percent (75t) of the votit'tg power of each class of Membcrs;;pxovided, howGVer, that the prior written approval of at least saventy-five ercent (75%) of ,all wixst Mort- gagees must be obtained •also, before Article XIII may be amended. Notwithst; ending the foregoing,, until the close of any escrow for the�sale of the first Lot in the Properties,' Declarant shall,have the" "tight: to terminate or modify this Declaration, the close of escrow shall be deemed to be the date upon which a deed conveying a Lot is recorded in the Office of the Butte County Recorder. Any supplement or Amendment to this Declaration must be signed by at least ",two (2) officers of the association, indicating that, the requisite approvals have been -obtained, and such amendment of supplement must be recorded, in the Office of the 'Butte County Recorder. Section .6. No Public Right or Dedication; ,ipthing containednthis D claration shall be deemed to be a gift or dedication of all or any part of the Properties to the public, ' - or for any public use. Section 7., Constructive Notice and Acceptance. Every person who ownb,, occupies or acquires any right, tit e, &6tate or interest in' or to any Lot or other portion of ,the Properties does and shall be conclusively deemed to have con- rented and agreed to 'every limitation, restricticn, easement, reservation, condition and covenant contained herein, whether or not any reference to these restrictions is contained in the instrument by which such, person acquired an interest in such Properties or any portion thereof. Section 8., Reciorocal Easements. Reciprocal easentents are here reserved 'for she benef t of adjoining L"ot OWners for the control, maintenance and repairof the• utilities of _adjoining Lot Owners, Declarant expressly reserves for the benefit of all of the Properties, the .Association and the Owners reciprocal easements of access, ingress and egress over all Lots, and over"the Common Area, ;for the use and enjoyment of the Lots and Common Area in accordance with this Declaration, including without lirtzta- t,,ions, for installation and repair of utility and CATV/Z%M.Tv ~ services, for drainage over, across and upon adjacent Lots for water resulting from the normal use of adjoining Lots, and for maintenance and repair of any Dwelling Unit-, Such easements may be used by Declarant, its successors, purchasers `ty and all Owners, tSeir guests, tenants and invitees, residing, on 1 or temporarily visiting the Properties, for pedestrian walk-- ways, vehicular access and such other purposes reasonably -� .. m fir., • . _ •. � .. t3 .: ..,.. _ iFULAP,: pouTok, l _ • . ,i,. i... 111J.W. C`bfl1'BR�71oN y u 1• , I ' P 0 necessary for the use and efijoyment of a Lot nrid. the Common Area. In the event that any Dwelling Unit, f0noe or other IIn- pr.ovement originally constructed by Declarant oncroaches upon the Common Area and facilities or any foot, as A result of coni -; struction, rec6iistruction,'repair, shifting, Settlement or movement of any portion of the Properties, a valid easement,, for encroachment and for the maintenance of thn same shall etiist ao long as the encroachment exists. Declarant and the ;, Lot Owners of each Lot on which; there in constructed a Dvrelling Unit along-or adjacent to a Lot line shall have an easement appurtenant to said ,Lot over the Lot line to and, over the 4dja- cent Lot for the purposes of accommodating any natural movement ,v or settling of any Dwelling Unit located, on said l,o;_ any en- croachment of any Dwelling Unit due to v ;or engineering or construction''variances, and any encroa�' ..�t of eaves, roof overhangs and and architectural featuresras -rts of the original construction of any Dwelling Unit located''on,said Lot. , Section 9., Special' Provision :for Enforcement of Certair, Bonded Obligationso in the event that (1) the /1 Common Are provements located on the Properties are not (} f` completed, prior to the issuance of a Final Subdivision _ Public Report for the Properties by the California. Depart- meet of ileal Estate and (2) the Association is ob- " ligee under a bond or other arrangement ('Bond") required by the ARE to secure performance of the commitment of'Decl'arant to complete the improvements, the following provisions of this Section will be applicable: (a) The Board shall consider and vote on the question of action by the Association „ to enforce the obligations under the 86nd, with I respect to any such improvement for which a Notice of Completion hasi nofn�bewn filed, within ; sixty (60) days after ,the completion Sats spe- cified for that improvement, in the Planned Con- structian Statement appended to the Bond. if the Association has given an extension in writ- inq for the completion of any Common�xe:a im-_ provement, the Board shall be directed to cone e cider and 'vote on the aforesaid question, if a Notice of Completion has not been filed, t within thirty (30) days after the expiration of the extension, (b) A special meeting ;of Membersfor the purpose of voting to override a decision, by the Board not to initiate action to enforce the obligations under' the Bond or on the failure of the Board to consider, and vote on the cues- tion, shall be held no fewer than fiftezn us) days nor more than thirty (3.0) days after re- ceipt by, the Board of :a petition ;for such a meeting signed by Members representing ten p ttotal voting power of thecAsscc'ation Aevote by Members of 'the Association other than Declarant shall be taken at such speciaLmeeting. A vote as ^; a majority of the voting power of the Atscci- ation residing in Members other than Declarant w, a -37- .. •� • FULOP. ReLtlro". G .itunma*xIrrnicK;. ., 11 T � A LAW CORi•QMTION :l Dc13:Ca 11/14,/77 File" No. 10767 to tako- action to enforele the obligations undo- the sand shala be deemed to be the;decislwi of,, the Association, E,,Ad the Board shall there- after implement this `decision by initiating and 'pursuing appropriate action in the narse of the Association. Declarant has executed this Declaration on the date first written above. J $URT C. LOWEN DOROTHY J'ANE LOSv�N "Ddclarant" l! `•' h : ►u U*, ROLSTON. 9URNS 6 HGKITTRICK '' "r' :—•— , d... .. . 1 . .... ..,• J�.tAWWR'411 ATION .. c 45f �y 7 Pif�OP»•, _. . r.P. ,.... _ .,. . ...... L STATE :OF CALIFORNIA COUNTY OF } On�-/_7��/S� 197, before the the 'undet:signe l a Notary 'Public in and for said state, personally appeared BURT C. LOWEN, JR., krnwn to tae to be'the person whose name is subscribed to the witfta instrument and acknowlcdged that he executed the same. ® WITNESS my hand and official seal., �• r �: St ;ttxn f'.fuf+ r.:ft?su[ffaae ��aternn � n 17 ICIAL, ar „ 9 tt • . ` P '.TRI 1A ROU.( (�'=SGC.ir ? f, r r is crt ani Notary Public in and for said :county and. State�� , r„ to Frpxtx Qctnb F-.9 177„ x ..i, „,x. ! r 1 , STATE OF CALI ORNIA ;} COUNTY OFGv .s On d� f� ; 197P; before me, i the undersigna Notary'Publsc in and for's. a State, ; personally.; appeared DOROTHY JANE L'OWENf known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the sanoo WITNESS my hand and official seal. ` fi�T'�t :t'frtfyrrp+t Pa YAtr.vaepX ri x x fall! 8 :tlt'f9tl `i Notary Pub ,:.:y County and State l „rte, Ln C:y -•39- ,�<S t "•. '" FULOP. ROLMH, _ CUMB a MaKti'Tatefc A UAW OONPOf1ATICA ` r yaasimafrnjin�f�ra..� :�.+wd5r-•.•• u I ' tJBORDrhI SUBORDINATION The undorsignecl, ,as holder: of tho oene�-idicilin- terest in and pndar that certain Deed of Trust doted Novembex E f 1077 f stud recQxded on t)ecetaber l f J197' , in f;hti 'off is ', of the Butte Cottnty't;:acaxdez as Tnstrtiment No. 21866 (the ® "Deed of Tzust"), which "Deed of Trust is by and between Bert, C Lowen,, Jr.. and Dorothy Jane Lowen, as Trustor,, Central Valley Security Company, a eorp'oration, as Trustee, ,an a"aCx�amento Savlitgs r1nd 'Loan .'ASSOg7:atii':�n f fi Cali,foz�n�is , corporation, as geneficiaty, hereby expressly Sl,i,bOid�na:te5e 7 said. Deed of Trust and its beneficial interest; thereunder I to the ,foregoific� Declaration o Covenantsf Conditions; Restxintions and laeservation of SaseMbnts for PohbLeiod Pines.,, 0 t��tecl: k��bruary 9, 197;'8. �? t7 {;j. SgcraMont'o' Savings tY' Loon 'Association s- California Corppration 1`Robert Tofm agec?, Sr. Vioe;Pz,es Bruce F. art est, Seoy41 STATE OF CAIt2FOANIh i COUNTY F 'tacramenta • y fore me the :undersigned;' On February 9f 1978, be a Notary .Public in and for said State, personall!' appeared Robert L.,. Dtag+Ke end .i3ruas k'. S etvs t;;,'1 nD�tft to me to be. the Sr., Mice Pref idcnt'' and Assistant 'Setrretary; ;respectively, of Sacramento Sav ngs and Lca',n Assodidtiott, the 2ianking aSsac� iatib that executed the within inbtrument, known to me to be the persons who executed the;, within inst",—ment on behalf of said Savings & Loan association, and acknowledged to me that said Savings Loan.sssoc ation_ executed tfte withkn instrument puestxant to its by-laws or a reso7utlon o its board of, direotors:: l WMSS my hand ,and off=icial. seal. , f!'I1rlliM1tt M't"t4t3'1'Nwikflr IntNitYllMnV4 tCitlIM4gV114�1UUt<• ;��,{ ). T - �,, '' s' �,.�� '" S, � ' �(�., e 1<t.Fit:N T It,t t " aw�w: tic: ,.t ! t•J, ,tR ¢^xM u t 1t�s� va ta�ry Public �n and , for said g t'�, et tt:. t F t t i5 County and ttta. tlt�' r •<t t a < z yin - .�,t�s +?lrur:�,t°anurAui�M�1+r,�w t5»y�r:�;n�:err�i+r:+wtanurnur r"s""'� 1 40 p ff