CCRs

"If this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal (•) fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." [Govt. Code §12956.1]

Glenoak Hills Covenants, Conditions and Restrictions (CC&R's)

Amended and Recorded April 10, 2001

Copies of this document may be obtained by writing to the Glenoak Hills Community Association, 40101 De Portola Road, Temecula, CA 92592. Enclose $5.00 for printing and handling costs

Ralston Management

41874 Sixth Street

Temecula, CA 92590

(951) 296-9030

INTRODUCTION

The Covenants, Conditions and Restrictions (CC&R's) for Glenoak Hills, originally established in 1969 have been amended seven times. The last four amendments have been by majority vote of individual Owners. The CC&R's are legal, binding documents recorded in Riverside County and applicable to all parcels in Glenoak Hills. This information bulletin has been prepared for general reference of Owners and all other interested parties. The Declaration of Covenants, Conditions and Restrictions contained herein is a composite of the original CC&R's and all seven amendments.

Glenoak Hills is a prestige development within Riverside County. It provides the low density of 2-1/2 acres (minimum) parcels with the more urban advantages of an Owner's association including a clubhouse, social activities, playgrounds, a riding ring, and tennis courts. Through the CC&R's Glenoak Hills Owners covenant when they purchase property here, to accept certain restrictions upon their individual freedoms in the greater interests of regard for their neighbors and for the quality of life in the community. The provisions of the CC&R's are carefully enforced by The Association. Since the standards of Glenoak Hills are high, the investment required for improvements is generally not the most economical available. In maintaining these standards however, Owners will reap long range rewards greatly outweighing any short range economies.

All Owners are responsible for compliance with the CC&R's and are encouraged to familiarize themselves with them in detail. An index is provided at the end of the CC&R's to make it easier to find a specific subject.

The Architectural Control Committee (ACC) is made up of three Glenoak Hills homeowners who serve on a volunteer basis to review and issue written approvals on all improvements. Details of the committee's responsibilities can be found in Article III; enforcement policies can be found in Article V.

Frequently Asked Questions

How are plans submitted to the ACC?

Mail or deliver two sets of plans to the Association office or to one of the three members of

the ACC.

How long a time is required for ACC approval?

See Article 3.02

What should be included in building plans?

Two sets of plans are required. One set is returned and one is retained in the confidential

ACC file for your property. See Articles 4.01 through 4.07

How can I be sure that the type of house I am planning will be approved before spending the money

for complete plans?

Submit preliminary plans to the ACC and talk to them about your questions.

What must be included in a landscape plan?

See Article 4.02

Why should I comply with the CC&R's when I see violations on other parcels?

See Article 5.05

If I don't agree with a particular provision of the CC&R's how can I go about changing the CC&R's?

See Article 9.02

How can I maintain horses or other animals without violating CC&R regulations, particularly

concerning metal fencing?

See Articles 4.04 and 6.02(h)

TABLE OF CONTENTS

ARTICLE I - RECITALS

ARTICLE II - GENERAL PROVISIONS

ARTICLE III - ARCHITECTURAL CONTROL COMMITTEE (ACC)

ARTICLE IV - REGULATION AND IMPROVEMENTS

ARTICLE V-ENFORCEMENT

ARTICLE VI - REGULATION OF OPERATION AND USES

ARTICLE VII - THE ASSOCIATION

ARTICLE VIII - PROPERTY RIGHTS: RIGHTS OF ENJOYMENT

ARTICLE IX- TERM , TERMINATION, MODIFICATION AND ASSIGNMENTS OF THE ASSOCIATION'S RIGHTS AND DUTIES

ARTICLE X - MISCELLANEOUS PROVISIONS

DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS

GLENOAK HILLS

INCORPORATING AMENDMENTS ONE THROUGH SEVEN

ARTICLE I

In order to establish and continue the general plan for the improvement and development of Subject Property The Association desires to subject Subject) Property to certain restated covenants, conditions, and restrictions, upon recordation of this restated declaration and subject to which all of Subject Property shall be held, improved and conveyed.

ARTICLE II GENERAL PROVISIONS

2.01 Establishment of Restrictions. The Subject Property is now held and shall thereafter be held, transferred, sold, leased, conveyed, and occupied subject to the restrictions herein set forth each and all of which is and for, and shall inure to, the benefit of and pass with each and every parcel of Subject Property and shall apply to and bind the heirs assignees and successors in interest of The Association and any Owner of any parcel.

2.02 Purpose of Restrictions. The purpose of these restrictions is to insure proper use and development of Subject Property, to protect the Owner of each parcel against improper use and development of surrounding parcels as will depreciate the value of his parcel or interfere with his beneficial use and enjoyment of his parcels to secure and maintain proper setbacks from streets, to prevent haphazard and unsightly improvements, and in general to provide adequately for planned use and development of Subject Property in accordance with the terms hereof.

2.03 Definitions.

(a) Improvements. "Improvements" shall mean and include buildings, barns, silos, cages,

houses, outbuildings, sheds, parking areas, loading areas, fences, walls, poles, signs,

streets, alleys, fuel storage tanks, corrals, dog runs, swimming pools, spas and other

exterior utilities, and other structures of any type or kind.

(b) The Association. "The Association" shall mean Glenoak Hills Community

Association, a California non-profit corporation, the undersigned, their successors and

assigns. The term 'successors and assigns' as used herein, does not include

purchasers of an interest in individual parcels from the undersigned.

described in Article III.

(d) Common Area. "Common Area" shall mean all real property owned by The

Association for the common use and enjoyment of the members.

(e) Parcel. "Parcel" shall mean each parcel of real property which is a numbered lot on

any filed subdivision map for the Subject.

(f) By-laws. "By-Laws" shall mean the By-Laws of The Association which are or shall

be adopted by The Association.

(g) Owner. "Owner" shall mean the record Owner, whether one or more persons or

entities of a fee simple title to any Parcel which is part of the Subject Property, but

excluding those having such interest merely as security for the performance of an

obligation.

ARTICLE III ARCHITECTURAL CONTROL COMMITTEE

3.01 Composition of the Committee. There is a three (3) member Architectural Control Committee (hereinafter referred to as the Committee) which is and shall always be composed of Glenoak Hills homeowners. The majority of the Committee may designate one member of the Committee as a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. In any event, the Committee will insure that one new appointment will be made at least every three (3) years. All members shall be capable of understanding blue prints to an extent necessary to insure compliance with the CC&R's. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time the Owners of a majority of the parcels shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or to restore to said Committee any of its powers and duties.

3.02 Committee Approval. The Committee's approval as required in these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove plans and specifications within thirty (30) days after such plans and specifications have been submitted to it, approval will not be required and such plans and specifications shall be deemed approved as submitted.

No building, fence, planting or landscape program, sign, excavation, grading, land clearing, or other improvement shall be erected, placed, altered or performed on any parcel until the construction plans and a plot plan showing the location of the building or improvement on the parcel have been approved by the Committee as to the quality of workmanship and materials, harmony of exterior design with existing structures, location, enhancement of (or detraction from) the value of surrounding parcels and general esthetic appearance. Plans for major buildings as outlined in section 4.07 shall have a California licensed architect's stamp and original signature of responsibility. After the construction plans, specifications, and other data have been approved, members of the ACC may enter upon the parcel to inspect progress of the improvement and to determine if construction is proceeding according to the approved plans.

If construction is not commenced in accordance with the Approved Plans within one hundred eighty (180) days of the date upon which the plans were approved or deemed approved then the Committee may withdraw its approval of the plans and specifications.

The Association shall be subject to compliance with the Covenants, Conditions, and Restrictions applicable to Association property.

3.03. Liabilitv of the Committee. Neither The Association, the members of the Committee or its representative, their successors or assigns, shall be liable in damages to anyone submitting plans to them for approval, or to any Owner or lessee of any parcel affected by the Declaration, by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans submitted. Every person who submits plans to the Committee for approval agrees by submission of such plans, and every Owner or lessee of any parcel within Subject Property agrees, by acquiring title thereto or interest therein, that he will not bring any action or suit against The Association, the members of the Committee, or its representative, to recover any such damages.

ARTICLE IV REGULATION OF IMPROVEMENTS

4.01 Minimum Setback Line.

(a) General. No structure of any kind, and no part thereof, shall be placed on any parcel closer to a

property line than herein provided. The following structures and improvements are specifically

excluded from these setback provisions:

(1) Pole lines;

(2) underground pipe lines;

(3) Conduits;

(4) Ditches;

(5) Water works facilities for the production and distribution of water primarily for irrigation

purposes;

(6) Fences;

(7) Streets and alleys.

(b) Setback. The setback line is established thirty-five (35) feet from all street property lines and

twenty (20) feet from all other adjoining property lines except that no structure or improvement

except those listed in 4.01 (a) (1) - (5) and (7) shall be erected nearer than a minimum of forty (40)

feet from the point of intersection of any two (2) streets or highway lines; provided, however, if the

Committee shall determine that extenuating circumstances exist with respect to any Parcel that

would cause conformance to the setback minimums to result in undue hardship on the Owner of

the Parcel, the Committee may approve such setback as may be reasonable.

ultimate standards.

4.02 Landscaping. Within one year after completion of the residential structure on any parcel, the landscaping of the parcel shall be completed. The plans showing areas to be planted and areas to be left natural shall be submitted to the Committee within six (6) months after final inspection approval of the residential structure by the County Building Inspector.

4.03 Completion of Construction.

(a) Completion. After commencement of construction of any structure or improvements the work

thereon shall be diligently prosecuted, to the end that the structure or improvements shall not

remain in a partly finished condition any longer than reasonably necessary for completion thereof.

(b) Occupancy. No structure shall be occupied in any manner prior to completion thereof in

accordance with Plans and Specifications approved in accordance with Article V, and the receipt of

a Riverside County Building and Safety Department final inspection approval. Owner shall notify the

Committee in writing of the date of such approval.

4.04 Fencing. All parcels on which animals of any type or poultry are maintained shall be adequately fenced so as to keep said animals on that Parcel. Unattended animals or fowl are not permitted on the streets. Fencing, or walls, ornamental iron or any equivalent for any purpose must be approved by the Committee. Pictures and drawings of types of approved fencing can be obtained from the Committee. In general, fencing material must have the appearance of wood post-and-rail. This material may be faced with wire as long as the appearance of wood post-and-rail fencing is maintained. Corrals of other riaterials such as pipe may be approved but must be within approved perimeter fencing. Entrance gate installations, security around swimming pools, gardens, or other provisions for screening or security may consist of fencing as outlined above or by walls, ornamental iron, lattice or solid wood fencing which is consistent with the style and trim of the house. The maximum height for perimeter fencing is six (6) feet.

4.05 Excavation and Grading. All excavations shall be done in compliance with the Riverside Grading Ordinance and shall be certified by a California Licensed Soils Engineer. Land clearing for any purpose shall be followed within thirty (30) days (90 days during dry summer months) by planting of slopes for erosion control purposes.

4.06 Signs.

(a) No signs shall be permitted, other than the following:

(1) Those identifying the name or names of the Owner(s) or occupant of the premises and the

name of the Ranch; and

(2) Those offering the premises for sale or lease, and which shall not exceed five (5) square

feet in total area.

(b) All signs shall only be of such size, design, color and location as are specifically approved by

the Committee referred to in Article III in writing.

a sign of customary and reasonable dimensions advertising the property for sale.

4.07 Building Regulations.

(a) Plans. Plans for a residence and any other structures to be built must be approved by the

Committee. Buildings must be of the quality and design generally associated with custom homes,

and have a California Licensed Architect's stamp and original signature of responsibility. No used

buildings including buildings previously constructed on other property may be moved onto any

parcel. Trailers, mobile homes, lean-tos, above ground pools or metal accessory buildings of any

type shall not be permitted, except that the ACC may approve a written request for the placement

of a recreational vehicle or trailer with Sanitary Facilities on a parcel during construction of a

residence. The buildings which may be constructed on any parcel shall be a single family

residence, a guest cottage without cooking facilities, an accessory building and a garage.

(b) Size. The single-family residence shall contain a minimum of twenty-five hundred (2500) square

feet, excluding the garage and overhangs. A fully enclosed garage, containing at least four hundred

forty (440) square feet, is required. Any guest cottage, accessory building or garage constructed

on any parcel shall conform in architectural design and exterior material to the finish of the

residential structure on the Parcel but shall not contain a square foot area which shall be greater

than twice the total square foot area contained within such residential structure.

feet in height above the graded pad. Residential buildings constructed on hillsides may use the

area under the main floor for additional living area.

(d) Roofs. All roofs shall be constructed of either mission or concrete tile and shall not be

constructed of asbestos composition flat shingles or rock. Except as herein expressly provided no

projection of any type shall be placed or permitted above the roof of any building structure with the

exception of chimneys and vent stacks." No overhang or overhang supports shall be constructed or

erected on any Parcel which will interfere with the view of any Owner of any Parcel. No air

conditioning units, ducts, conduits or pipes shall be exposed on the roof of any building structure.

The committee must approve any radio or television antenna, satellite dish or other equipment or

apparatus for transmitting or receiving transmissions to the extent such antennas must be allowed

by any applicable statute or law.

(e) The Association shall comply with all CC&R's to the extent that they are applicable. The Board

of Directors retains approval authority regarding property of The Association.

4.08 Maintenance and Storage.

(a) Any building or structure of whatever type shall be properly maintained. Rubbish and debris

shall be promptly removed. Unimproved parcels shaii be maintained as closely as possible to their

natural state, consistent with fire and safety regulations. All landscaping, groves and orchards shall

be maintained in a neat and orderly condition and be in compliance with fire and safety regulations.

(b) No materials, supplies, large vehicles, motor homes, boats, trailers or equipment including

inoperable vehicles, shall be stored in any area on a Parcel except inside a closed building or

within a screened area. Storage for trash and debris shall be within a visual barrier screened area of

a maximum of fifty (50) square feet. Outdoor clothes lines shall be screened from view. All

screening and its location shall require committee approval. Responsibility for screening rests with

the property Owner whose condition requires screening.'

and shielded by fencing, wall and/or landscaping so as to minimize their being viewed from the

street or any other Parcel.

4.09 Preservation of Trees. No trees now or hereafter located on any portion of the Subject Property shall be removed, cut down or in any way damaged or destroyed without the prior written approval of the Committee, except this Article shall not apply to trees planted for commercial purposes.

4.10 Plants. No plants infected with noxious insects or plant diseases shall be brought upon, grown, or maintained upon any Parcel. The Association or the Committee or their agents shall have the right to enter upon any Parcel and, at the expense of the Owner of the Parcel, remove infected or diseased plants and/or spray the same and/or take measures as either may reasonably deem necessary to protect the Subject Property from the spread of such infection.

Ornamental plantings and trees shall not unduly impede view from neighboring parcels. Planting and trees attaining a height which would cause view interference shall be periodically trimmed and cut back as necessary.

4.11 Virus Free Grapes. No grape vines shall be planted, stored, or transported across any portion of Subject Property, unless prior to such planting, storage, or transportation across any portion of the Subject Property of any grape vines, the person or persons undertaking such activity shall secure a certificate from the University of California Agricultural Extension Service that such grape vines are "virus-free" and such certificate shall be delivered to the Committee.

4.12 Utilities. All telephone and power utility services are to be rununderground from homesite and other improvements to the streets.

ARTICLE V

ENFORCEMENT

5.01 Abatement and Suit. Violation or breach of any restriction herein contained shall give to The Association the right to enter upon the property on which said violation or breach exists and to summarily abate and remove, at the expense of the Owner or lessee thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation.

5.02 Deemed to Constitute a Nuisance. The result of every action or omission whereby any restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against an Owner or lessee, either public or private, shall be applicable against every such result and may be exercised by The Association.

5.03 Administrative Costs and Attorney's Fees.

(a) In any case wherein an Owner commences or permits the commencement of any major

improvement without written Committee Approval or takes other actions requiring Committee

Approval, as outlined in paragraph 3.02 prior to receipt thereof, an administrative fee of Five

Hundred Dollars ($500.00) may be charged against the parcel by the Board of Directors.

Major improvements include: residences, residence additions, fences, guest homes or pool.

Other actions requiring Committee approval include grading, initiation of excavation,

placement of trailer or materials on parcels or other clear indications of impending

construction activity.

(b) In any case wherein an Owner willfully neglects to respond to a written notice of violation,

an administrative fee of Fifty Dollars ($50.00) may be charged to the parcel by the Board of

Directors.

Declaration or any provision thereof, the losing party or parties shall pay the attorneys' fees of

the prevailing party or parties in such amount as may be fixed by the Court in such

proceedings. All remedies provided herein or at law or in equity shall be cumulative and not

exclusive.

5.04 Inspection. Generally, Association Officers may not enter any Owner's lot without first obtaining the Owner's permission. However, in case of emergency, if the Owner cannot be contacted, The Association may enter the lot after notifying the proper law enforcement agency of its intent. Otherwise, such entry is only allowed by a court order, unless procedures allowed in paragraph 5.01 are being pursued.

5.05 Failure to Enforce not a Waiver of Rights. The failure of The Association or any property Owner to enforce any restriction herein contained snail in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other restrictions.

5.06 Liability. Any member or guest who willfully or negligently defaces, injures or destroys property or equipment of The Association or other property Owners shall be held liable for the full value thereof, otherwise any member whose guest causes damage or destruction.

ARTICLE VI REGULATION OF OPERATION AND USES

6.01 Permitted Operations and Uses. All parcels shall be used only for single family residential purposes and, unless otherwise specifically prohibited herein, any agricultural operation and use will be permitted if it is performed or carried out so as to not violate any provisions of these covenants, conditions and restrictions or cause or produce a nuisance to adjacent Parcels.

6.02 Prohibited Operations and Uses. The following operations and uses are prohibited:

(a) All industrial, manufacturing or commercial, including the drying, packing, canning, freezing and

other methods of processing fruits, nuts, vegetables and other agricultural products on any Parcel.

(b) Trailer courts or trailers.

(d) Drilling for and/or the removal of oil, gas or other hydrocarbon substances.

(e) Farm labor camps.

(f) Community auctions and sales yards.

(g) Poultry raising except for family use.

(h) Animal raising (except two (2) cats and/or three (3) dogs, plus small household pet animals per

household. No more than three (3) large animals, i.e. cows and/or horses averaged over the year,

per full acre of any Parcel, and all such animals shall be suitably housed and retained. All dogs at

all times shall be either on parcel or on a leash.

(i) Unlicensed motorcycles and off-road recreational vehicles shall not be operated within the

Glenoak Hills area. Motorcycles and off-road vehicles, licensed or not, shall not be operated off-

road for recreational purposes.

(j) Trails and raceways for operation of vehicles listed in paragraph 6.02(i) above shall not be

established or maintained in the Glenoak Hills area.

The Following CC&R amendment was voted on and approved by the membership and should be inserted on page 13 of your "green" booklet.

6.02 Prohibited Operations and Uses.

(f) Any activity within the Association which is open to the general public, such as auctions, garage

sales, yard sales, fundraisers, etc.

6.03 Streets. Streets or roads in any and all Parcels of Subject Property shall be used only for streets, roads and other vehicular access.

6.04 Subdivision Regulations. No Owner, lessor or occupant of any portion of Subject Property, except The Association shall subdivide any portion of subject Property in any manner including, without limitation, the filing of subdivision maps, parcel splits or sales or leases without the prior written approval of the Committee, which approval shall be requested in the manner provided for in Article 3.02. The Committee shall consider the shape and location of any and all subdivided property as to its aesthetic appearance, enhancement or detraction from the value of surrounding parcels and conformity with planned streets and highways, traffic density and effect on rural atmosphere.

6.05 Rental or Leasing of Glenoak Hills Residences. Rental or leasing of Glenoak Hills residences shall be reported by the Owner to The Association within ten (10) days after tenant occupancy. Information shall include tenant's name, the term period of the lease or rental agreement, and delegation of rights to utilize Association common property as provided by Article VIM. The Owner shall require any tenant or lessee to adhere to all provisions of the Covenants, Conditions and Restrictions and shall provide the tenants with a copy thereof.

ARTICLE VII THE ASSOCIATION

7.01 Membership. The Association shall be composed of all the Owners of Parcels within Subject Property and each Owner shall be required to maintain his membership in The Association. An Owner of a Parcel shall automatically be a member in The Association upon becoming an Owner of said Parcel and shall remain a member of The Association until such time as his ownership ceases for any reason, at which time his membership in said Association shall cease automatically. Membership in The Association is appurtenant to and runs with each Parcel comprising subject Property. In case there be more than one record Owner of a Parcel, only one of the record Owners will be recognized as a member, as selected by the several record Owners. In default of such selection, the Board of Directors of The Association shall select one of the record Owners of the Parcel to be a member.

7.02 Assessments. Prior to the end of each fiscal year, the Board of Directors of The Association shall cause to be prepared an estimated budget of operating expenses for the succeeding fiscal year. The fiscal year is to coincide with the tenure of the Board. The Board of Directors shall thereupon compute the assessment due against each member who owns a Parcel by dividing the amount estimated for operating expenses by the number of Parcels owned by the members. No member shall be subject to dues or assessments other than as computed in accordance with this paragraph without his written consent. Except in emergencies, the assessment shall not exceed Fifteen Dollars ($15.00) per Parcel per month subject to the increase in the same proportion as the United States Bureau of Labor Statistics Cost of Living Index - all items Los Angeles area increases over said Cost of Living Index for the month of June, 1977, unless increase by a resolution passed by two-thirds (2/3) of the votes of the membership of The Association voting in person or by proxy at a meeting called for that purpose. An emergency is an extraordinary expense that is:

(a) Required by a court order, or

(b) Necessary to repair or maintain the common property or any part of it for which The Association

is responsible when a threat to personal safety is discovered.

The assessment, when made shall constitute a personal obligation of the person owning the parcel at the time the assessment is due, as well as constitute a lien on the terms and conditions as set forth in this Declaration. The monthly assessment of each parcel shall commence on the date title to the parcel is conveyed by The Association to the purchaser thereof.

The assessment shall attach to each parcel and shall be the obligation of the Owner.

Fifteen (15) days after any assessment shall become due and payable, it shall become delinquent, and it shall continue delinquent until the full amount is discharged or collected, including interest thereon at seven percent (7%) per annum. At any time after any assessment becomes delinquent, The Association may record a Notice of Lien with the Riverside County Recorder. Such notice of lien shall state the amount of the claim or delinquency and interest which is accrued thereon, the description of the parcel against which it has been assessed, and the name of the record or reputed Owner of that parcel. Said Notice of Lien shall be signed by an officer of The Association.. It shall create a lien upon the parcel described in the amount set forth. In no event shall a Declaration of Homestead be prior to such lien, even though the lien is recorded after the Declaration of Homestead. The lien shall continue until fully paid or satisfied. When this lien has been fully paid or satisfied, a formal notice releasing the lien must be recorded.

Each lien recorded pursuant to these covenants, conditions and restrictions may be foreclosed in the same manner as provided by the Laws of the State of California for the foreclosure of a mortgage or deed of trust on real property or for the foreclosure of this type of lien.

7.03 Subordination of the Lien to Mortgages. The lien of assessments provided for herein shall not be subordinate to the lien of any deed of trust or mortgage except a deed of trust or mortgage that is of record prior to the lien for the assessments provided for herein (such deed of trust or mortgage is herein referred to as a 'prior trust deed). Sale or transfer of any Parcel shall not affect the assessment lien. The sale or transfer of any Parcel pursuant to a decree of Foreclosure or proceeding in lieu of foreclosure of any prior trust deed shall extinguish the lien of such assessment as to payments thereof which became due prior to such sale or transfer; however, no such sale or transfer shall release such Parcel from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE VIII

PROPERTY RIGHTS: RIGHTS OF ENJOYMENT

Each member shall be entitled to the use and enjoyment of the real property and facilities owned by The Association. Any member may delegate his rights of enjoyment of the real property and facility owned by The Association to the members of his family, or to his tenants or contract purchasers who reside on the property. Such member shall notify the Secretary in writing of the name of any such delegee. The rights and privileges of such delegee are subject to suspension to the same extent as those of the member.

ARTICLE IX
TERM . TERMINATION. MODIFICATION

AND ASSIGNMENTS OF THE ASSOCIATION'S RIGHTS AND DUTIES

9.01 Term. This Declaration, every provision hereof and every covenant, condition and restriction contained herein shall continue in full force and effect until January 1, 2027. Thereafter, it shall be automatically extended for successive periods of ten (10) years, until the membership of The Association decides to terminate it.

9.02 Termination and Modification. This Declaration, or any provisions hereof, or any covenant condition or restriction contained herein, may be terminated, extended, modified or amended, as to the whole of Subject Property or any portion thereof, with the written consent of the Owners of fifty-one percent (51%) of the parcels subject to these restrictions.

9.03 Assignments of The Association's Rights and Duties. Any and all of the rights, powers and reservations of The Association herein contained may be assigned to any persons, corporation or association which will assume the duties of The Association pertaining to the particular rights, powers and reservations assigned, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such assignment have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by The Association herein. The term The Association' as used herein includes all such assignees and their heirs, successors and assigns. If at any time The Association ceases to exist and has not made such an assignment, a successor to The Association may be appointed in the same manner as these restrictions, may be terminated, extended modified or amended under Section 9.02 of this Article IX.

ARTICLE X MISCELLANEOUS PROVISIONS

10.01 Constructive Notice and Acceptance. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of Subject Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquires an interest in the Subject Property.

10.02 Rights of Mortgagees. All restrictions and provisions herein contained shall be deemed subject to these restrictions, and none of said restrictions shall supersede or in any way reduce the security or affect the validity of any such mortgage or deed of trust; provided, however, that if any portion of Subject Property is sold under a foreclosure of any mortgage or under the provisions of any deed of trust, any purchaser at such sale, and his successors and assigns shall hold any and all property so purchased subject to all of the restrictions and other provisions of this Declaration.

10.03 Mutuality. Reciprocity. Runs with Land. All restrictions, covenants, conditions and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part and parcel of Subject Property; shall create mutual, equitable servitudes upon each parcel in favor of every other parcel; shall create reciprocal rights and obligations between the respective Owners of all parcels and privity of contract and estate between all grantees of said parcels, their heirs, successors and assigns; and shall, as to the Owner of each parcel, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other parcels.