2.1.5 Other Reserved Rights; The rights reserved in this Declaration to Declarant (for, among other things, Common Element improvements), Owners, other persons and the Aston.

2.2 Delegation of Use: Nonresident Owner. Any Owner may delegate his right of enjoyment of the Common Elements to the members of his family, to his tenants, to guests or to contract purchasers who may reside on the Lot. All such persons shall. be subject to these covenants concerning such use..Any Owner not residing on his Lot may not have a right of enjoyment of any Common Elements except as provided otherwise by the covenants.

3. Easements

3.1 Blanket Easements for Utilities or Police, Fire, Etc. For Maintenance and Repair to Common Elements. There is hereby created a blanket easement in, on, through, upon, across; over and under all of the Common Elements for ingress and egress, installation, replacement, repair and maintenance of all Common Element improvements and all utilities, including, but not limited to, water, sewer, gas, telephones and electricity. By virtue of this. easement, it shall be expressly permissible for the electrical and/or telephone company prodding service to erect and maintain the necessary poles, underground lines, and other necessary equipment on said Common Elements and to affix and maintain electrical and/or telephone wires, Circuits, and conduits on, above, across and under the roof and exterior walls of the buildings, if any, upon the Common Elements. An easement is further granted to all police, fire and ambulance personnel, and all similar persons to enter upon the Common Elements in the performance of their duties. Further, an easement is hereby granted to the Declarant and to the Association to enter in, on, above, across or under the Common Elements and any Lot to perform the dugs of improvement, maintenance and repair to the Common Elements. Notwithstanding anything contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on said Common Elements except as approved by Dedarant or the Association. Should any utility furs skiing a service covered by the general easement herein provided request a specific easement, Dedarant or. the association may grant such an easement to the Common Elements by a separate recorded instrument without conflicting with the terms hereof and without consent of the Owners being required. The easements provided for in this paragraph shall in no way affect any other recorded easement to said Common Elements.

4. Use and Occupancy. After the initial sale or transfer of a Lot or Lots by Declarant, all such Lots shall thereafter be used and occupied only for single family residence purposes by the Owner, by the Owner`s family, the Owner's tenants or the Owner's guests

4.1 Declarant Business Office; Model Lots: Dedararkt and its employees, representatives, and agents may maintain a business and sales office, model homes, and other sales facilities necessary or required until all of the Lots are sold.

4.2 Offensive or Noxious Use. The Owner of any Lot shall not use or allow the use of such Lot for any purpose which will be noxious, offensive or detrimental to the use of the other Lots or which will create or emit any objectionable, offensive or noxious odors, dust, gases, fumes or other such material or which will in any manner violate any applicable zoning ordinance or other regulations enacted by any duly constituted governmental authority.

4.3 Mineral Drilling. Except for Declarant, and then only with the permission of the City of Midwest City, no drilling or puncturing of the surface for oil, gas or other minerals or hydrocarbons within the Real Estate Development shall be permitted.

4.4 Livestock. The keeping of any poultry, cattle, horses or other livestock of any kind or character is prohibited within the Real Estate Development.

4.5 Refuse Storage; Growth. The storage of trash, ashes, or other refuse, except in normal receptacles, is prohibited. Further, no trash, garbage cans or receptacles of any kind shall be left in sight, except on days so designated by the City of Midwest City for collection thereof. Weeds, underbrush or other unsightly growths shall not be permitted to grow or remain on Common Elements. No trash, ashes or other refuse may be thrown in any other Owner's Lot or in or on Common Elements:

4.6 Signs and Billboards; Dedarant's Right. No signs or billboards exceeding six (6) square feet in area shall be permitted on any Lot or Common Element without the prior written consent of the Association; however, this prohibition shall not apply to the Declarant in the initial sale of such Lot.

4.7 Vehicle Parking and Storage. Except where adequate screening has been previously provided and an owner has received prior written approval from the Architectural Control Committee (hereafter defined),no campers, recreational vehicles, boats, motor homes or large commercial vehides nor any vehicle in the process of being repaired or otherwise presently inoperable, shall be stored or parked a) in front of the front building line b) on Common Elements, or c) on the publidy dedicated streets within the Real Estate Development; no vehicle shall park on publidy dedicated streets for more than 48 hours, and parking shall be allowed only in designated parking areas, the operation and parking of all vehicles on the Real Estate Development are subject to the Bylaws, and the rules and regulations of the Association.

4.8 View From Common Elements or Lot. All garbage cans, equipment, or storage piles shall be located so as not to be Visible From Neighboring Property.

4.9 Tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot or Common Elements.

4.10 Radio or Television Transmitting Device; Wind Powered Generators. No radio, television or electronic transmitting or receiving device which extends five (5) feet above the peak of a roof shall be allowed. Further, no wind powered generators shall be erected or maintained unless approved in writing by the Architectura Control Committee.

4.11 Waste. No waste shall be committed on the Common Elements.

4.12 Temporary Structure. No outbuilding, storage shed, trailer, tent or shack shall be erected, placed or permitted, nor shall: any structure of a temporary character be used at any time as a residence without the prior written consent of the Architectural Control Committee.

4.13 Nuisance Activity. No noxious or offensive activity shall be carried on within the Real Estate Development, nor shall anything be done therein which may be or may become an annoyance or nuisance.

4.14 Improvements and Alterations; Plans and Specifications. No dwelling, building, wall, storage shed, cabana, greenhouse, playhouse, pergola, or other improvement or structure shall be commenced, erected or placed upon the Real Estate Development until the complete plans and specifications showing the precise and exact nature, kinds shape, height, setback, materials, color and location of such improvements shall have been submitted in duplicate to and approved in writing as to harmony of external design, color and location in relation to surrounding structures and topography and conformity with the design concept for the Real Estate Development by the Architectural Control Committee, ("ACC") as more fully described below. Alterations to improvements after the residence is occupied (as distinguished from approval of new construction) must be approved by the Architectural Control Committee. The Architectural Control Committee shall be composed of three (3) or more natural persons designated from time to time by the Board of Directors of the Association, and such persons shall serve at the pleasure of the Board of Directors. The initial Architectural Control Committee-shall be composed of Tom Jordan, Mike Castleberry and Marie S. Jordan. The affirmative vote of a majority of the members of ACC (which shall be the required quorum of the Committee) shall be required in order to adopt or promulgate any rule or regulation, or to make any finding, determination, ruling or order, or to issue any permit, consent, authorization, approval or the like pursuant to the authority contained in these Bylaws.

4.14.1 Improvements; Plans and Specifications; Approval: No dwelling, building, wail, storage shed, cabana, greenhouse, playhouse, pergola, or other improvements or structure shall be commenced, erected, or placed upon the Real Estate Development until the complete plans and specifications showing the precise and exact nature, kinds shape, height, set back, materials, color and location of the same shall have been submitted in duplicate to and approved in writing by the Architectual Control Committee as to harmony of external design, color and location in relation to surrounding structure and topography and conformity with the design concept for,the Real Estate Development.

The following guidelines, unless hereafter amended by ACC or waived in writing by ACC, shall be adhered to by ACC.

4.14.1.1 Dwellings may be one story, one and one-half story, split level or two stories in height. Eaves, steps and open porches shall be considered a part of the dwelling; provided, however, that this shall not be construed to permit any portion of a dwelling on a Lot to encroach upon another Lot.

4.14.1.2 No building or other structure shall be constructed or maintained upon any Lot which would in any way impede natural drainage without the prior written consent of the ACC. No grading, scraping, excavation or other rearranging or puncturing of the surface of any Lot shall be commenced which will or may intend to interfere with, encroach upon, or alter, disturb or damage any surface or subsurface utility line, wire or easement, or which will or may tend to disturb the minimum or maximum subsurface depth requirement of any utility line, pipe, wire or easement.

4.14.1.3 The single-family residence constructed on all Lots in the Real Estate Development shall contain a minimum of 1,500 square feet of floor space. In computing the square footage of floor space of a residence, the basement, open porches, and garages shall be excluded. In case of a one and one half story or a two story structure, the ground floor shall in no event be less than 900 square feet.

4.14.1.4 No building, or any part thereof, shall be located nearer to the front lot line or side street lot line than the building set-back lines shown on the recorded plat. The side lot limit line of a one story structure shall be a minimum of five feet (5'). If one structure is placed on two Lots, then only the distance from the outside boundary lines apply.

4.14.1.5 Pier and grade beam foundations are permitted, but only if acceptable to the ACC.

4.14.1.6 No fence, garage or endosure of any type or nature whatsoever shall be constructed, erected, placed, or maintained forward of the front building limit or setback line on each Lot, as same is shown on the recorded plat thereof; however, it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. No double fencing is allowed. If there is an existing fence that abuts a lot, the fences must join. If brick columns are used, they must match the house. Cydone and other metal fencing is prohibited except within the Common Elements. All mail boxes shall be encased in brick or rock to match the house.

4.14.1.7 Basketball backboards may be erected at the residences in the Real Estate Development. Each backboard must have a free standing structure supporting it and may not be attached to a house. The supporting structure must be constructed from rust resistant steel and maintained at all times, i.e., supporting structure to be kept completely painted and free of dirt and any markings giving it an unsightly appearance. The backboard must be constructed from a plastic and/or fiberglass material and must be kept dean and free of any marking which gives it an unsightly appearance. A backboard which is cracked must be removed or replaced immediately. The net must be free of all rips and tears and shall be replaced whenever it becomes unsightly. The rim must be kept painted and free of dirt and any markings which give it an unsightly appearance. The rim must be kept perpendicular to the backboard in a standard basketball installation. No offensive activity is permitted which :results from use of the basketball backboard.

4.14.1.8 No dwelling shall be constructed on any Lot unless it has an attached gmage with a capacity sufficient for at least two (2) cars.

4.14.1.9 The outside wall structure of the ground floor living area of any dwelling shall be at least seventy five percent (75%) brick, stone or masonry veneer. Any stone above the eight foot plate shall count toward the minimum. A 6/12 pitch roof will be the minimum pitch allowed.

4.14.1:10 No building shall be erected on any Lot unless it shalt have a 2 year warranty shingle. However, this restriction shall not prevent the submission of specification and plans for other types of roof covering (except wood) to ACC for written approval of said deviation. In the event approval is granted, in writing, by ACC, the type of roof covering so approved may be used.

4.14.1.11 No building of any nature shall. be permitted in the easements reserved for utilities, and there shall be no retaining wall permitted in easements unless approved by the ACC.

4.14.1.12 No outdoor dothes lines or similar apparatus shall be allowed.

4.14.1.13 Every outbuilding erected on any Lot shall correspond in style and architecture to that which it is appurtenant, and shall be approved in writing by the Architectural Control Committee. The type of roof will be the same as the residence on the Lot.

4.14.1.14 No skateboard ramps may be constructed on any Lot or Common Element.

4.14.2 Approval. Copy of Plans and Specifications Deposited; Lapse Of Time Paramount to Approval. Upon approval by the ACC of any plans and specifications submitted pursuant to the provisions of these covenants, a copy of such plans and specifications, as approved, shall be deposited among the permanent records of such Committee, and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same. In the event the ACC fails to approve or disapprove any plans and specifications which may be submitted to it within sixty (60) days after submission, then approval will not be required, anti: this paragraph 4.14 shall be deemed to have been fully complied with.

4.14.5 Enforcement Right to Correct Violations. In the event any dwelling, building, fence; wall or other improvement or structure shall be commenced, erected, or placed upon any Lot otherwise than in accordance with the provisions and requirements of this paragraph 4.14, then the same shall be considered to have been undertaken in violation of this paragraph 4.14 and without the approval of the Architectural Control Committee required herein. Upon written notice from the Architectural Control Committee, such dwelling, building, fence, wall or other structure or improvements shall be promptly removed. In the event the same is not removed, or the violation is not otherwise terminated, within fifteen (15) days after notice of such violation is delivered to the Owner of the Lot upon which such violation exists, then the Assocation shall have the right, through its agents and employees, to enter upon such Lot and to take such steps as may be necessary to remove or otherwise terminate such violation, and the costs thereof shall be assessed against the Lot upon which such violation occurred. A statement for the amount thereof the assessment shall become due and payable and a continuing lien upon said Lot and an obligation of the Owner, and may be enforced as provided herein. The Association shall have the further right, through its agents, employees or committees, to enter upm and inspect any Lot at any reasonable daylight hour for the purpose of ascertaining whether any violation of the provisions of this paragraph 4.14 or any of the other provisions or requirements herein, exist on such Lot; however, no such entry and inspection shall be taken without a resolution of ACC or the Board of Directors, and after reasonable notice to the Owner of such Lot. Neither the Association not any such agent or employee shall be. deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

4.15 Household Pets: Care and Restraint: Limit on Number; Indemnificationby Owners. No animal shall be kept within the Real Estate Development except household pets. Such pets may not be kept or bred for any commercial purpose and shall have such care and restraint as not to be obnoxious or offensive on account of noise, odor or unsanatary conditions. No savage or dangerous animal shall be kept. No more than three household pets may be kept without written permission of the ACC. No pets may be permitted to run loose within the Real Estate Development, and any Owner who causes any an mal to be brought or kept within the Real Estate Development shall indemnify and hold harmless the Association for any loss, damage or liability which the Association may sustain as a result of the presence of such animal on the premises, whether or not the Association has given its permission therefor.

4.16 Covenants Applicable to Common Elements. The Common Elements are available to, and restricted to, members of the Association. and accompanied guests (and Declarant, for Common Element improvements. All litter must be placed in litter receptacles. No vehicular parking shall be allowed. No skateboards, boats, motorcycles, all terrain vehicles, dune buggies, tree houses, tents or forts .shall be allowed on the Common Elements.

5. Easements for Encroachments. If any portion of, or improvements on, the Common Elements encroaches upon a Lot or Lots, a valid easement for the encroachment and for the maintenance of same, sa long as it stands, shall and does exist, regardless of whether such easement is shown on the recorded plat. If any portion of a Lot encroaches upon the Common Elements, or upon an adjoining Lot or Lots, a valid easement for the encroachment and for the maintenance of same, as long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the Common Elements or on the Lots

6. Administration and Management; Mandatory Membership. The administration and management of this Real Estate Development shall be governed by the Covenants, Conditions and Restrictions and by the Bylaws of the Association. An Owner of a Lot, upon becoming an Owner; shall mandatorily become a member of the Association and shall remain a member for the period of his ownership. The Association shall. be governed by a Board of Directors as is provided in. the Bylaws of the Association. The Association may employ agents, servants and employees and any person or firm to act as Managing Agent at any agreed compensation.

7. Records: Inspection by Owners and Mortgagees.

7.1 Retention. The Board of Directors shall keep or cause to be kept current certified copies of the recorded Declaration, the executed Bylaws, and the books and records with detailed accounts of the receipts and expenditures affecting the Real Estate Development and its administration. The records so kept shall be available for inspection by all Owners, lenders, and the holders, insurers, and guarantors of first mortgages at convenient hours on working days or under other reasonable circumstances.

8. Owner's Maintenance Responsibility of Lot For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to be responsible for all portions, whether interior or exterior, of his Lot and its provements, and for maintenance and upkeep of his Lot in a presentable condition; as determined by the Architectural Control Committee, or the Architectural Control. Committee may, at its discretion, mow said Lot, maintain improvements thereon, trim trees, and remove trash or, debris, the cost of which shall be borne by the Owner.

9. Association's Maintenance, Operation, Repair and Alterations Responsibility. Except as provided in paragraph 8 herein, the Association shall be responsible only for the maintenance, operation and repair of the Common Elerrients.

10. Compliance with Provisions of Declaration, Bylaws and Rules and Regulations. Each owner shall comply strictly with the provisions of this Declaration; the Bylaws of the Association and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure and refusal after written notice to comply with any of the same shall be grounds for an action to recover sums' due, for damages or injunctive relief or both, and for reimbursement of all attorney's fees incurred in connection therewith and interest on all of such amounts at the highest lawful rate; which action shall be maintainable by the Managing Agent or Board of Directors in the name of the Association on behalf of the Owners or, in a proper case, by an aggrieved Owner.

11. Voting Rights in the Association. Voting in the Association shall be on a per Lot basis. 'The Declarant shall have four votes for each Lot owned by it, developed or not All other Owners shall have one vote per Lot.

12. Revocation. or Amendment to Declaration; Amendment of Undivided Interest in Common Elements. This Declaration shall not be revoked unless all of the Owners unanimously consent and. agree to such revocation by instrurnent(s) duly recorded. This Declaration shall not be amended unless the Owners representing an aggregate ownership interest of seventy five percent (75%), or more, of the Lots consent and agree to such amendment by instruinent(s) duly recorded. However, Declarant may amend this Declaration at any time.

13. Assessment for Common Expenses.

13.1 Obligation to Pay Pro-rata Share. All Owners of Lots shall be obligated to equally pay the assessments, either estimated or actual, imposed by the Board of Directors of the Association to meet the Common Expenses.

13.2 Assessment Due Date. Beginning with the conveyance of any given Lot from Declarant to the builder, builder shall pay $2000 per year as an assessment; with the conveyance of any given Lot from the builder to an Owner, assessments for the estimated Common Expenses shall be due yearly in advance on the first day of January unless another date is specified by written notice from the Board of Directors. In the event the commencement date is on a day other than the first day of a year, the assessment for that year shall be prorated.

13.3 Fixing Assessments; Adjustment. For the purpose of fixing and determining the annual assessments or charges, the Board of Directors of the Association shall determine in advance for each calendar year the estimated aggregate amount of such assessments and charges as may be necessary for such year. The Board of Directors may from time to time during each year make reasonable adjustments in said estimated aggregate amount.

13.4 Special Assessments for Capital Improvements; Majority Assent; Notice. In addition to the annual assessments hereof, the Board of Directors may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected cost, repair, or replacement of a described capital improvement, including the necessary fixtures and personal property related thereto.

13.5 Basis of Common Expenses; Increases. The assessments made for Common Expenses shall be based upon estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvement responsibilities of the Association. In the event the cash requirement for Common Expenses exceeds the aggregate assessments made pursuant to this paragraph, the Board of Directors for the Association may from time to time and at any time increase, pro rata, the yearly assessments set forth in this paragraph.

13.6 Benefit of Assessment or Association Earning. No part of the assessments or net earnings ofthe Assvaiation shall inure to the benefit of any Lot Owner or individual, except to the extent that Lot Owners receive the benefits from the maiintenance, repair, operations, additions, alterations and improvement responsibilities of the Association.

14. Owner's Personal Obligation for Payment of Assessments.

14.2 Unsold Lot Assessments. Declarant that not be responsible for payment of assessments for any Lots in which title is held by Declarant.

14.3 Reserves and Working Capital. The Association shall establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the Common Elements which the Association may be obligated to maintain. The fund shall be maintained out of regular assessments for Common Expenses.

17. Mortgaging a Lot Priority; Mortgage Subject to Declaration: Mortgagee in Title;Unpaid Assessment. An Owner shall have the right from time to time to mortgage or encumber his Lot and the interests appurtenant thereto by deed of trust, mortgage or other instrument, but the lien created thereby shall be subject to the terms and provisions of this Declaration, and any mortgagee or other lien holder who acquires a Lot ugh judicial foreclosure, public sale or other means shall be subject to the tenns and conditions of this Declaration except as specifically excepted herefrom. Where the holder of a first mortgage of record or other purchaser obtains title to the Lot as a result of foreclosure of the first mortgage or deed in lieu of foreclosure, such acquirer of title shall. not be liable for the share of the Common Expenses or assessments chargeable to such Lot which became due prior to acquisition of We to such Lot by such acquirer. Such unpaid share of Common Expenses or assessments shall be deemed to be Common Expenses collectible from the Owners of all of the Lots, including such acquirer, his successors and assigns.

18. Insurance.

18.1 Master Policy; General Liability. The Association shall carry a blanket insurance policy in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost) from an insurance company, qualified to do and conduct business in the State of Oklahoma and holding a rating of Best's Insurance-Reports of Class XV or better (the limits of coverage of which insurance shall be reviewed annually by the Board of Directors), of fire, lightning, extended coverage, vandalism and malicious mischief, all risk, agreed amount and inflation guard endorsement and replacement cost covering the Common Elements (except land, foundation, excavation and other items normally excluded from coverage), induding fixtures and building service equipment to the extent they are part of the Common Elements, as well as common personal property and supplies, and, if required by law, workmen's compensation `insurance (all of which hereinafter referred to as the "Master Policy"), with respect to the Real Estate Development and the Association's administration thereof in accordance with the following. The name of the insured must be stated in form and substance similar to the following: Stone Creek Owners' Association, Inc. for use and benefit of the individual owners." Such policy must contain the standard mortgagee clause (without contribution) which must be endorsed to provide that any proceeds shall be paid to Stone Creek Owners' Association, Inc. for the use and benefit of the individual owners; their successors and assigns, as their interest may appear.

The Board of Directors shall also obtain and maintain, to the extent obtainable, comprehensive general liability insurance in such limits as may frown time to time be determined necessary covering all of the Common Elements in the Real Estate Development. Such insurance poli shall contain a "severability of interest" endorsement which shall preclude to insurer from denying the claim of a Lot Owner because of negligent acts of the Association or other Lot Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, -location and use. Coverage shall be for at least One Million Dollars ($1,000,000.00) per occurrence, for personal injury, including death of persons, and/or property damage. The Association shall use its best efforts to see that the liability insurance carried by the Association shall contain appropriate provisions to cover liability of the Owners, individually and as a group, to another Owner as their interests may appear. Such policies must provide that they may not be canceled or substantially modified, by any party, without at least ten (10) days prior ft en notice to the Association and to each holder of a first mortgage which is listed; as a scheduled holder of a first mortgage in the insurance policy.

18.2 Named Insured. Mortgagee Qause. The Master Policy shall be purchased by the Association naming the Association as the insured, as attorney fact or trustee. (for all of the Ownm), which policy or policies must contain or have attached the standard mortgagee clause commonly accepted by private institutional mortgage investors in the area in which the premise are located.

18.3 Fidelity Insurance. The Board of Directors may also obtain and maintain fidelity insurance coverage against dishonest acts on the, part of officers, directors, managers, trustees, employees or volunteers responsible for handling funds belonging to or administered by the Association. The fidelity bond or insurance must name the Association as the named insured and shall be written in an amount suff lent to provide protection which is in no event less than one and one-half (1 1/2) times the estimated annual operating expenses and reserves or (ii) the estimated maximurn of funds, including reserve fund, in the custody of the Association or the management agent, as the case may be, at any. given- time during the,term of each band, or (iii) a sum equal. to three (3) months' aggregate assessments on all Lots- plus reserve funds. Ira. connection with such coverage, an appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers. The fidelity insurance policy shall provide it may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days' prior written notice to the Association or to any Insurance Trustee and each servicer on behalf of FNMA and FHLMC.

18.4 Insurance for Lot Owner. Each Owner shall be required to obtain also rance, at has own expense, on his Lot, improvements, and on all furnishings and decorations and other items of personal property belonging to an Owner. Casualty and public liability insurance coverage within each Lot -.are specifically made the responsibility of the Owner thereof.

18.5 Insurance Trustee: Power of Attorney. Notwithstanding any of the foregoing provisions and requirements relating to property or liability insurance, the may be named as an insured, on behalf of the Association, the Association's authorized representative, induding any Trustee with whom such Association may enter into any Insurance Trust Agreement or any successor to such trustee (each of whom shall be referred to herein as the "Insurance Trustee"), who shall have exclusive "authority tv negotiate Josses under any policy providing such property or liability insurance. Each Lot Owner appoints the Association or any Insurance Trustee or substitute Insurance Trustee designated by the Association as attorney in fact for the purpose of purchasing and maintaining such insurance, induding. the collection and appropriate disposition of the proceeds thereof; the negotiation of losses and execution. of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose. The Association or any Insurance Trustee shall receive, hold or otherwise properly dispose of any proceeds of insurance in trust for Lot Owners and their first mortgage holders, as their interests may appear.

19. Eminent Domain.

19.1 Acquisition of All or Substantially All of a Lot. If a Lot is acquired by eminent domain, or if part of a Lot is acquired by eminent domain leavinng the Lot Owner with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, the award must compensate the Lot owner and mortgagees, if any, as the interest may appear, for the Lot and its Common Element interest, whether or not any Common Element interest is acquired. Upon acquisition, unless the decree otherwise provides, that Lot's entire Common Element interest, votes in the Association, axed Common Expense liability are automatically reallocated to the remaining Lots in proportion to the respective interests, votes, and liabilities' of those Lots before the taking.

19.2 Acquisition of Part of Common Elements. If part of the Common Elements is acquired by eminent domain, the award must be paid to the Assoaation the Association shall divide any portion of the award not used for any restoration or repair of the remaining Common Elements among the Lot Owners in proportion to their respective Common Element interests before the taking.

19.3 Association to Represent Owners. The Association shall represent the Lot Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemns authority for acquisition of the Common Elements or part thereof. Each Lot Owner appoints the Association as attorney in-fact for such purposes.

20. Registration of Mailing Address of Lot Owners. Each Owner shall register his mailing address with the Association, and notices or demands intended to be served upon art Owner shall be sent by mail, postage prepaid, addressed iii the name of the Owner at such registered mailing address.

21 Period of Ownership.The Deal Estate Development created by this Declaration shall continue until this -Dedaration: is revoked in the manner as is provided for in this Declaration.

22. General Reservations.Declarant reserves the right to establish within the Common Elements future easements, reservations, exceptions and exclusions consistent with the ownership and development of the Common Elements and of the Real Estate Development and for the best interests of the Lot Owners and the Association in order to serve the entire Real Estate Development.

23. Waiver Clause. Except as to the payment of assessments, the ACC shall have the power tv grant to any Owner a waiver, variance or exception of and from any of the provisions of this Dectaration, so long as said waiver; variance or exception is approved by the Declarant, if the Declarant is the owner of any Lots, and so long as said waiver, variance or exception is approved by a majority of the Board of Directors of the Association:

24 General

24.1 Severance. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Deela ation, and the application of any such provisions, paragraph, sentence, clause; phrase or word in any other circumstances shall not be affected thereby.

24.2 Failure to Enforce Not Waiver. No provision contained in this Declaration or the Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same irrespective of the number violations or breaches which may occur.

24.3 Captions. The captions herein are inserted only as a matter of convenience, and for reference, and in no way define, limit or describe the scope of this Declaration or bits or the intent of any provision hereof.

24.4 Gender. The use of the masculine gender in this Declaration shall be deemed to refer to the feminine or neuter gender, and the use of the singular shall be deemed to refer to the plural, and vice versa, whenever the context so requires.

24.5 Covenants to Run With the Land. The covenants, conditions and restrictions of this Declaration shall run with and bind the Real Estate Development and shall inure to the benefit of and be enforceable by the Association or any member, their respective legal representatives, heirs, successors and assigns.

24.6 Declarant Easement. Declarant has art- easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations or .exercising Declarant's rights reserved herein.

24.7 Enforcement at Law or in Equity: Notice to Mortgagee of Uncured Default. The Association, or any Owner or Declarant, so long as Dedarant has a record interest in the Real Estate Development, shall have the right to enforce by proceedings, at law or in equity, all restrictions, conditions, covenants, or reservations and the right to recover damages or other dues for such violation; however, with respect to assessment liens and Association Rules, the Association shall have the exclusive right to the enforcement thereof. The Association or any Owner shalt also have the right to enforce, by proceedings at law or in equity, the provisions of this Declaration or the Bylaws and any amendments thereto. A first mortgagee, upon request, will be entitled to written notification from the Association of any default in the performance by the individual Lot Borrower of any obligation under the Real Estate Development documents which is not cured within sixty (60) days

24.8 Attorneys' Fees. In the event an action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto, as part of the judgment, reasonable attorneys' fees and costs of such suit. In the event the Association is a prevailing party in such action, the amount of such attorneys' fees and costs shall be a special assessment with respect to the Lot involved in the action.