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IIII IIIII - Alta Views Homes · 2/26/2019  · I IIII II I I II Ill Ill Ill II II II...

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Return after recording to: 11111111!~~~11 ill/I 11111 /IIII IIIII 111111111111111 lllll lllll lllll lllll llll /1111111111111 !~~:~~ 0 0 '?:; 1 BJ Lepinski PO Box 371409 ie Pierson, Flathead County MT by NW Fees: S462.00 2/26/2019 12:06 PM San Diego, CA 9213 7 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF ALTA VIEWS ARTICLE I DECLARATION - PURPOSES 1.1 Property and Ownership. The property which is subject to this Declaration of Covenants, Conditions, Restrictions and Easements of Alta Views (this "Declaration") is described on Exhibit A, attached hereto. The current owners, which includes the Declarant (collectively the "Current Owners"), of the Property being made subject to this Declaration all consent to and hereby make this Declaration as evidenced by their signature to this Declaration. The Property consists of one hundred sixty-six (166) townhome lots. Twenty-nine (29) of the lots have previously been developed with townhomes. The remaining townhome lots are currently unimproved. The Property is hereby subjected to all of the terms and conditions of the Declaration. 1.2 Appointment of Declarant and Grant of Special Declarant Rights. Alta Views, LLC ("Alta") has purchased one hundred thirty-seven (137) of the undeveloped townhome lots within the Property with the intent of constructing and selling townhomes on each of its townhome lots. In order to induce Alta to purchase the one hundred thirty-seven (I 37) townhome lots and to proceed with the development of those townhome lots, and in order to provide Alta with certain rights and powers Alta requires to proceed with the development and sale of Alta's townhome lots, the Current Owners of the Property hereby appoint Alta as the Declarant under this Declaration and grant to Alta the various special Declarant rights, powers and easements set forth in and throughout this Declaration. 1.3 General Purposes: The purpose of this Declaration is to insure the best use of the Property and the most appropriate development and improvement of each Lot within the Property; to protect the Owners against such improper use of surrounding Lots as will depreciate the value of their Lot; to preserve so far as is practicable the natural beauty of the Property; to prevent the construction of inappropriate structures; to insure the highest and best development of the Property; to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - AL TA VIEWS
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Page 1: IIII IIIII - Alta Views Homes · 2/26/2019  · I IIII II I I II Ill Ill Ill II II II 111111111111111111111111111 ~!!~~'!,~3 6 6/7 Fees: $462.00 2/26/2019 12:06 PM encourage and

Return after recording to: 11111111!~~~11 ill/I 11111 /IIII IIIII 111111111111111 lllll lllll lllll lllll llll /1111111111111 !~~:~~00'?:;1

BJ Lepinski PO Box 371409

ie Pierson, Flathead County MT by NW Fees: S462.00 2/26/2019 12:06 PM

San Diego, CA 9213 7

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

OF ALTA VIEWS

ARTICLE I DECLARATION - PURPOSES

1.1 Property and Ownership. The property which is subject to this Declaration of Covenants, Conditions, Restrictions and Easements of Alta Views (this "Declaration") is described on Exhibit A, attached hereto. The current owners, which includes the Declarant (collectively the "Current Owners"), of the Property being made subject to this Declaration all consent to and hereby make this Declaration as evidenced by their signature to this Declaration. The Property consists of one hundred sixty-six (166) townhome lots. Twenty-nine (29) of the lots have previously been developed with townhomes. The remaining townhome lots are currently unimproved. The Property is hereby subjected to all of the terms and conditions of the Declaration.

1.2 Appointment of Declarant and Grant of Special Declarant Rights. Alta Views, LLC ("Alta") has purchased one hundred thirty-seven (137) of the undeveloped townhome lots within the Property with the intent of constructing and selling townhomes on each of its townhome lots. In order to induce Alta to purchase the one hundred thirty-seven (I 3 7) townhome lots and to proceed with the development of those townhome lots, and in order to provide Alta with certain rights and powers Alta requires to proceed with the development and sale of Alta's townhome lots, the Current Owners of the Property hereby appoint Alta as the Declarant under this Declaration and grant to Alta the various special Declarant rights, powers and easements set forth in and throughout this Declaration.

1.3 General Purposes: The purpose of this Declaration is to insure the best use of the Property and the most appropriate development and improvement of each Lot within the Property; to protect the Owners against such improper use of surrounding Lots as will depreciate the value of their Lot; to preserve so far as is practicable the natural beauty of the Property; to prevent the construction of inappropriate structures; to insure the highest and best development of the Property; to

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encourage and secure the building of attractive townhomes thereon with appropriate locations; to secure and maintain adequate setbacks; and in general to provide adequately for a high quality of improvements on the Property and thereby to enhance the values of improvements made by Owners.

I .4 Declaration: To further the general purposes herein expressed, the Current Owners, for themselves and their successors and assigns, do hereby declare that the real property described on Exhibit A attached hereto, shall at all times be owned, held, used and occupied subject to the provisions contained in this Declaration and to the covenants, conditions, restrictions and easements contained herein.

ARTICLE II DEFINITIONS

2.1 Administrative Rules. Administrative Rules means and refers to the rules and regulations adopted, amended, modified and reviewed by the Board pursuant to this Declaration.

2.2 Architectural Review Committee. Architectural Review Committee means the committee appointed by the Board as provided in Section l 0.2, below, to review improvements to the Property as provided in Article X, below.

2.3 Articles of Incorporation. Articles of Incorporation means the Articles of Incorporation of Alta Views Homeowners Association, Inc., as the same may be amended from time to time.

2.4 Association. Association means the Alta Views Homeowners Association, Inc.

2.5 Alta Views. Alta Views means all the real property located in Flathead County, Montana, described in Exhibit A, attached hereto and incorporated herein.

2.6 Bylaws. Bylaws means the Bylaws of Alta Views Homeowners Association, Inc., as the same may be adopted, amended, modified and reviewed by the Board pursuant to this Declaration.

2.7 Common Area: Common Area means the Property that is subject to this Declaration, but excluding the individual Lots within the Property, excepting those portions of the Lots on or over which the Association, other Owners or the public have an easement pursuant to the terms of this Declaration or as shown on the plat of Alta Views. The Common Area includes, but is not limited to, the areas shown on the plat of Alta Views as Common Area (including, without limitation, Common Areas A - K), the Existing Clubhouse, all streets, curbs & gutters, all sidewalks, parking areas, telephone lines, power lines, sewer lines, storm water drains, storm water lines and storm water systems, propane/gas lines and water lines (and all of their respective components) which serve Alta Views and which are not owned by third parties or dedicated to a city or utility provider, and any other roads or streets shown on the plat, any Recreational Facilities, any green spaces or open spaces shown on the plat, all sidewalks, all landscaping or lighting between any sidewalk and any road, any irrigation systems and lines providing irrigation to Common Area landscaping, any

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electrical lines and conduits providing power to any Common Area lighting, any guest parking areas, any Common Area lighting, irrigation or utility systems and components, and other property and improvements thereto or easements intended for the common use, benefit and enjoyment of the Owners and such other persons as may be permitted to use the Common Area under the terms of this Declaration or any contract with the Association.

2.8 Common Expenses. Common Expenses means (i) all expenses incurred by the Association in administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Area and any improvements or systems located on or in the Common Area, including any reasonable reserve, as the Board may find necessary or appropriate; (ii) all expenses incurred by the Association in administering, servicing, conserving, managing, maintaining, repairing or replacing any items required to be or which may be administered, serviced, conserved, managed, maintained, repaired or replaced by the Association under the Governing Documents; (iii) premiums for the liability insurance and any other insurance carried by the Association; (iv) all expenses incurred by the Association in administering and managing the Association; (v) all expenses incurred by the Association in any other activities undertaken for the common benefit of the Owners or for the benefit of the Association; and (vi) all expenses lawfully determined to be Common Expenses by the Board of Directors of the Association.

2.9 Declarant. Declarant means Alta Views, LLC. Declarant may assign all of its rights as Declarant to a third party purchaser of the portion of the Property then owned by Declarant, by a written instrument recorded in the records of Flathead County, Montana specifically stating that Declarant's rights as Declarant under this Declaration are assigned to the third party purchaser.

2.10 Declarant's Utility Rights. Declarant's Utility Rights means the easements and rights of the Declarant granted in Sections 4.4 and 4.5 to go on, over, under and upon every portion of the Common Area to erect, lay, construct, install, maintain, repair and use various utilities.

2.11 Declaration. Declaration means this Declaration of Covenants, Conditions, Restrictions and Easements of Alta Views, as it may be amended from time to time.

2.12 First Mortgage. First Mortgage means any mortgage, deed of trust, trust indenture, contract for deed, or other similar financial encumbrance granted by an Owner to secure a debt, which is recorded in the office of the Clerk and Recorder of Flathead County, Montana, which encumbers a Lot, and which is first in priority among all such mortgages, deeds of trust, trust indentures or other similar financial encumbrances. There can only be one First Mortgage with respect to a Lot.

2.13 Governing Documents. Governing Documents means this Declaration, the Articles of Incorporation and Bylaws of the Association and the Administrative Rules, as all the aforementioned may be amended from time to time.

2.14 Improved Lot. Improved Lot means any Lot which has all of the following characteristics:

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A. A townhome currently exists thereon or a townhome approved by the Architectural Control Committee ( or the Declarant during the Period of Declarant Control) has been constructed thereon;

B. Either a permanent or temporary certificate of occupancy has been issued for the townhome constructed thereon or six (6) months have passed from the date of issuance of a building permit for such townhome; and

C. The Lot is owned by or has been conveyed to an Owner other than Declarant.

An Owner of an Improved Lot is referred to herein as a "Member of the Association."

2.15 Lot. Lot means each parcel of real property within Alta Views, which is designated as a separately conveyable parcel of land on a plat of the Property, including any such parcel owned by Declarant. The boundaries and acreage of each Lot are delineated on the plat of Alta Views, and each Lot is identified by the number noted on the plat. The roads, Open Spaces, guest parking areas, Clubhouse, parks and common areas shown on any plat are not considered Lots. Any parcel of property owned, held or used by the Association or owned, held or used in common by the Owners shall not be considered a Lot.

2.16 Manager. Manager shall mean any manager or management company hired by the Board to perform certain property management and maintenance functions on behalf of the Association as authorized and further discussed in Section 3.9.

2.17 Occupant. Occupant means a person or persons, other than an Owner, in rightful possession of or rightfully on or using a Lot, including, but not limited to, renters, tenants, lessees, agents, guests, licensees, invitees, or employees

2.18 Owner. Owner means one or more Persons who hold fee simple title to a Lot according to the real property records of Flathead County, Montana, except that a Person purchasing a Lot under a contract for deed which is recorded (or an abstract of which is recorded) in the records of Flathead County, Montana, shall be considered the Owner of the Lot. The term "Owner" shall include Declarant to the extent it is the owner of a Lot. A person holding an interest in a Lot merely as security for the performance of an obligation shall not be considered an Owner.

2.19 Period of Declarant Control. Period of Declarant Control means the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of: (a) the date which is l O years later, or (b) the date on which the Declarant has sold I 00% of the Lots it owns within Alta Views. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association upon such terms and conditions as the parties may agree. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration.

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2.20 Person. Person means a natural person, a corporation, a partnership, a limited liability company, a fiduciary acting on behalf of another person, or any other legal entity.

2.21 Property. Property means the property described on Exhibit A attached hereto, the townhomes, buildings, all improvements and permanent fixtures of whatsoever kind situated or located thereon, the Common Areas, and all easements, rights, privileges and appurtenances appurtenant thereto, intended for the mutual use, benefit and enjoyment of the Owners.

2.22 Recreational Facilities. Recreational Facilities means the hot tub(s), clubhouse, and all other recreational facilities, if any, which may currently exist or be constructed within the Common Area.

2.23 Unimproved Lot. Unimproved Lot means any Lot that is not an Improved Lot.

ARTICLE III OWNERS ASSOCIATION

3.1 Alta Views Homeowners Association. Alta Views Homeowners Association, Inc. shall act as an owners association for Alta Views. Either prior to or within thirty (30) days after recording this Declaration, Declarant shall take the following actions as incorporator of the Association: (i) file the Articles of Incorporation with the Montana Secretary of State, (ii) constitute the Board by appointing the three (3) current directors of the Deer Creek at Whitefish Homeowners Association, Inc. to the Board and appointing two (2) additional directors to the Board nominated by the Declarant, and (iii) resign as incorporator. Within ninety (90) days after its appointment, the Board will adopt Bylaws and Administrative Rules for the Association after notice to the Members of the Association and opportunity for comment by the Members of the Association. The Board will review the Bylaws and Administrative Rules every three (3) years. After notice to the Members of the Association and opportunity for comment by the Members of the Association, the Board may adopt, amend or modify Bylaws and Administrative Rules that are more restrictive than the restrictions set forth in this Declaration; provided, a vote of not less than fifty percent (50%) of the Members of the Association may overturn any such Bylaw or Administrative Rule so adopted by the Board.

3.2 Powers. The Association shall have all the powers set forth in the Governing Documents and of a nonprofit corporation organized under Title 35, chapter 2, MCA, subject only to such express limitations on the exercise of such powers as are set forth in the Governing Documents. The Association shall have the power to do any lawful thing that may be authorized, required, or permitted to be done by a homeowners association or under the Governing Documents, and to do and perform any act that may be necessary or proper for or incidental to, the exercise of any of the powers of the Association. The Association's powers shall include, but not be limited to, the power to (A) commence and maintain actions or restrain and enjoin any actual or threatened breach of the Declaration and enforce by mandatory injunction or otherwise all of the provisions of the Declaration; (B) pay taxes, capital improvement assessments or special assessments and other liabilities which are or would become a lien on any portion of the Property owned or maintained

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by the Association; (C) levy Assessments and perfect and enforce liens as hereinafter provided; (D) enter into contracts including, but not limited to, management contracts; (E) perform the duties set forth herein, including, but not limited to, maintenance and repair of the Common Areas and the obtaining of common area public liability and property coverage (casualty) insurance; (F) adopt, amend and repeal Administrative Rules as it deems reasonable; and (G) impose and collect fines or other charges as it deems reasonable for violations of the Governing Documents.

3.3 Membership. All Owners of the Improved Lots within Alta Views shall be Members of the Association. The Owner(s) of any Improved Lot shall automatically become Members of the Association and shall remain a member until such time as the ownership of such Lot ceases for any reason, at which time the corresponding membership in the Association shall automatically cease. Membership in the Association may not be separated from Ownership of a Lot.

3.4 Owners' Address. Upon acquiring a Lot, the Owner(s) of the Lot shall immediately provide the Association with their/its name(s) and shall provide the Association with the name, address and email address to which the Association will send any notices given pursuant to the Governing Documents. In the event the name, address or email address initially given to the Association shall change, the Owner(s) must provide the Association with the updated name, address and email address. The most recent address and email address provided by the Owner(s) to the Association shall be the proper notice address for all notices given under the Governing Documents, regardless of whether or not received by the Owner(s ).

3.5 Voting. There shall be one vote for each Improved Lot. If a Person owns more than one Improved Lot, that Person shall have as many votes as the number of Improved Lots owned by that Person. If more than one Person has an ownership interest in a single Improved Lot, such Persons must decide among themselves how the vote for that Improved Lot shall be cast.

3.6 Board of Directors. The governing body of the Association shall be a five (5) member Board of Directors (the "Board"). Except as otherwise provided in the Governing Documents, the Board may act in all instances on behalf of the Association. During the Period of Declarant Control, Members of the Association shall appoint, remove and replace three (3) of the five (5) directors. After the Period of Declarant Control, or if Declarant relinquishes its management rights, Members of the Association shall appoint, remove and replace all five (5) directors.

3.7 Management During Period of Declarant Control. During the Period of Declarant Control, Declarant may appoint, remove and replace two (2) of the directors of the Association. If Declarant so elects, Declarant may relinquish, either on a temporary or permanent basis, the right to appoint directors of the Association; provided that any such relinquishment shall be expressed in writing to the Association. 3.8 Personal Liability. No member of the Board, or any officer of the Association, or Declarant (including any and all members, managers, partners, officers, directors, employees, or authorized agents of Declarant or its partners, affiliates, or parent company or its subsidiaries or affiliated companies), shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission,

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error or negligence of any such person in such person's capacity as a director, officer or manager of the Association, if such person has, on the basis of such information as may be possessed by him or it, acted in good faith without willful or intentional misconduct.

3.9 Officers and Manager. The Board may appoint officers of the Association and employ a manager or management company to manage, operate and maintain the Common Areas and other items for which the Association is responsible for maintaining, with such of the administrative functions and such other powers and duties as the Board may delegate from time to time and for such fees as the Board may establish consistent with other provisions of the Declaration.

3.10 Administrative Rules. The Board may adopt, repeal, amend or modify Administrative Rules in furtherance of the Bylaws or this Declaration. Any such Administrative Rules must be approved in writing by the Declarant during the Period of Declarant Control. Any Owner desiring to propose amendments, modifications, new Administrative Rules or repeal of existing Administrative Rules must do so by written submission to the Board for its action.

ARTICLE IV COMMON AREA AND EASEMENTS

4.1 Common Area. The Association shall have jurisdiction and control over the Common Area.

4.2 Easement over all Common Area. The Owners are granted and shall have a non­exclusive easement for use and enjoyment of all of the Common Area, subject to such rules and regulations as the Association may adopt, and also subject to the rights reserved to Declarant and the reserved rights of any third parties with respect to the Common Area.

4.3 Easements May Be Granted by Association. The Association shall have and is hereby granted an easement over all of the Common Area for ingress, egress, utilities and for performing any of its functions, obligations or duties under this Declaration. The Association may permit others to use the Common Area and grant further easements to others for use of the Common Area.

4.4 Retained Easement by Declarant. To facilitate development of the Unimproved Lots, during the Period of Declarant Control, Declarant reserves and is granted by the Current Owners an easement over all of the Common Area for ingress, egress, utilities and for construction of any Common Area improvements or systems. Declarant may permit others to use the Common Areas and grant further easements to others for use of the Common Areas.

4.5 Declarant's Utility Rights. Declarant reserves and is granted by the Current Owners an easement and right to go on, over, under and upon every portion of the Common Area to erect, lay, construct, install, maintain, repair and use electric, telephone and television wires, cables and conduits, drainage ways, sewers, water and water mains, irrigation lines and such other utilities and utility systems as the Declarant finds necessary or advisable in connection with the development of Alta Views and the Property (collectively the "Declarant's Utility Rights"). This

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easement and the rights granted and reserved include the right to cut bushes and trees, grade soil and such other actions reasonably necessary to economically and safely install, repair and use such utility systems. The Declarant's Utility Rights shall also include the exclusive and alienable right to sell, grant, convey and/or dedicate any utility system (and adjoining area) within the Common Area to the City of Whitefish or one or more public utility companies. The Declarant's Utility Rights shall continue in effect until the termination of the Period of Declarant Control.

4.6 Utility Easements.

A. Each townhome Owner grants to all other Owners owning a townhome in the same building a perpetual utility easement for water, sewer, power, telephone, internet, cable television and other utility and service company lines and systems installed beneath or within the townhome or building or within the Lots over or under which any applicable utility lines run. This easement includes the right of the other townhome owners or their agents to access the location of the applicable utilities as necessary for the installation, maintenance and repair of the applicable utilities.

B. Each townhome Owner grants to the Association a perpetual utility easement for water, sewer, power, telephone, internet, cable television and other utility and service company lines and systems installed beneath or within the townhome or building or within the Lots over or under which any applicable utility lines run. This easement includes the right of the Association or its agents to access the location of the applicable utilities as necessary for the installation, maintenance and repair of the applicable utilities.

C. Any expense caused by the necessary access of authorized personnel of the utility or service company to service lines affecting all units within a townhome building, and which are located beneath or within the townhome building shall be shared equally by each of the townhome Owners in the building affected; provided, however, that where the necessary access by authorized personnel of the utility or service company is required because of the intentional or negligent misuse of the utility or service company line or system by a townhome Owner, his lessee, licensee, invitee, or agent, any expense arising therefrom shall be borne solely by such Owner. Any expense caused by the necessary access of authorized personnel of the utility or service company to service lines located within the Common Areas shall be paid by the Association as a Common Expense.

4.7 Easement Over Adjoining Areas. Each Lot and its Owner are hereby declared to have an easement and the same is hereby granted by the Declarant and Current Owners over all adjoining Lots and Common Areas, as the case may be, for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause, providing such encroachments do not exceed one foot or touch any building or interfere with the use ofany improvements on the servient property. There shall be valid easements for the maintenance of such encroachment, settlement or shifting; provided, however, that in no

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event shall a valid easement for encroachment be created in favor of a Lot or its Owner or Owners if the encroachment occurred due to the willful misconduct of the Owner or Owners.

4.8 Overhanging Roofs and Eaves. Each Lot and its Owner are hereby declared to have an easement and the same is hereby granted by the Declarant and the Current Owners, over each adjoining Lot and the Common Area, as the case may be, for over-hanging roofs and eaves attached to improvements on the Lot, provided, however, that such encroachments may not exceed one foot.

4.9 Road Maintenance. The roads within Alta Views shall be maintained, repaired and replaced by the Association, including snow plowing and other required winter maintenance. The roads shall be maintained in good condition to allow year-around access to all Lots. The Association may elect to landscape and/or maintain portions ofroad right-of-way not actually used for road purposes.

4.10 Recreational Facilities. Any Recreational Facilities constructed on the Common Areas shall be operated, maintained, repaired and replaced by the Association. The Board, as part of the Administrative Rules, shall have the right to adopt and from time to time amend rules and regulations governing the use of the Recreational Facilities. All Recreational Facilities constructed by the Declarant or furnished by the Association or erected within the Property, if any, shall be used at the risk of the user, and the Association shall not be held liable to any person or persons for any claim, damage, or injury occurring thereon or related to use thereof.

4.11 Property Taxes. It is acknowledged that, for property tax purposes, Flathead County and the State of Montana may allocate to each Lot a fractional, proportional share of the value attributable to the Common Area. By accepting a deed to a Lot, the Owner agrees to this mechanism for property taxation and agrees to pay a proportional share (as allocated by Flathead County and the State of Montana) of the taxes attributable to the value of the Common Area, while at the same time allowing the Association to administer and control the Common Area.

4.12 No Dedication to the Public. Nothing in this Declaration will be construed as a dedication to public use, or a grant to any public municipal or quasi-municipal authority or utility, or an assumption of responsibility for the maintenance of any Common Area by such authority or utility.

4.13 Approval of Declarant. During the Period of Declarant Control, no construction of improvements shall take place within the Common Area nor shall any other changes or alterations be made to the Common Area or the uses within the Common Area without the prior written consent of the Declarant.

4.14 Power of Attorney to Association. By acceptance of a deed or other conveyance of an interest in a Lot in Alta Views, each Owner is deemed to irrevocably appoint the Association as the Owner's agent and attorney-in-fact to act on behalf of the Owner in all matters concerning the Common Area, including but not limited to managing, acquiring, conveying, dedicating to a government entity, granting easements, adjusting boundary lines, mortgaging, leasing, and any

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other transactions or activities whatsoever concerning the Common Area. As attorney-in-fact, the Association shall have the full and complete authorization, right and power to make, execute and deliver any contract, deed, easement, assignment, waiver, or other instrument with respect to the interest of any Owner in the Common Area or in connection with the powers granted herein. The power of attorney granted herein shall be deemed coupled with an interest, and shall not be revocable by the Owner.

ARTICLE V ASSOCIATION'S MAINTENANCE OBLIGATIONS

5.1 Association Maintenance of Common Area. In addition to any other items required to be maintained, repaired or replaced by the Association under this Declaration, the Association shall maintain, repair and replace the Common Area, and each component thereof in a good and workmanlike manner consistent with sound property management practices. This shall include, but not be limited to: the maintenance and replacement of trees, shrubs, and grass located within any Common Area; the repair, maintenance, and replacement of sidewalks, curbs, guest parking areas and roadways; the operation, repair, maintenance, and replacement of any common irrigation system and common lighting system. The Association shall also be responsible for complying with any weed-management plan for the Common Area which may be required by the City of Whitefish, Flathead County or the State of Montana and for complying with any statutes, regulations or ordinances concerning the control of noxious weeds on the Common Area.

5.2 Association's Maintenance of Portions of Exterior of Townhomes. The Association shall be responsible for the maintenance, repair and replacement (as specified) of the following exterior components of each townhome, and for Lots 3A, 3B, 3C, 3D, 3E, 3F, 5A, 5B, 5C, 5D, 5E and 5F their detached parking garages, within Alta Views:

A. The periodic replacement, due to normal wear and tear, of the roof shingles, felt and flashing;

B. The periodic painting of the exterior siding and trim and the exterior of the garage doors (but specifically excluding any mechanical aspect or portion of the garage doors, any other doors and all windows and their frames);

C. The periodic replacement, due to normal wear and tear, of the exterior siding and trim; and

D. The periodic repainting/re-finishing, due to normal wear and tear, of exterior deck and patio railings.

5.3 Board to Determine Timing. The Board shall have sole discretion to determine the necessity of and timing of any maintenance, repair or replacement which the Association is obligated to undertake pursuant to this Article V. Repainting of the exterior siding and exterior trim of a townhome and replacement of the shingles/roofing shall be done uniformly at the same time for all townhomes within a single building. It is anticipated that exterior maintenance of the

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town homes will occur in phases based on the need for such exterior maintenance, which will likely correlate to the date such townhomes were constructed.

5.4 Owner Causes Damage. If the Board reasonably determines that the need for maintenance, repair or replacement is not due to normal wear and tear but is instead caused by the willful or negligent act of an Owner or the Owner's Occupants, family, agents, guests, licensees, invitees or permittees, the cost of such maintenance, repairs or replacement shall be paid directly by or charged to the Owner as a Default Assessment.

5.5 Maintenance, Repair or Replacement Covered by Owner's Insurance. Notwithstanding any other provisions of this Declaration, in no event shall the Association be responsible for maintaining, repairing or replacing any portion of a building, townhome, Lot or any improvement to a Lot if the insurance the Owner is required to maintain pursuant to Section 6.3 or any other insurance maintained by the Owner covers such maintenance, repair or replacement.

5.6 Association Main.tenance is Common Expense. All maintenance, repair and replacement of any items for which the Association is responsible shall be Common Expenses to be paid through Assessments, subject to the Association's rights to levy and collect certain Assessments against less than all of the Lots as further provided in Article VITI and Section 5.4.

ARTICLE VI OWNERS' MAINTENANCE OBLIGATIONS

6.1 Owner is Obligated to Maintain Lot and Townhome. Other than those areas of Association responsibility described in Article V, each Owner is responsible for the maintenance, repair, replacement and care of the Owner's Lot, townhome and any other improvements located on the Lot. This obligation includes, without limitation, the obligation of the owner to control noxious weeds on their Lot in accordance with any applicable statute, regulation or ordinance governing noxious weeds. No Owner shall paint, refurbish, repair, replace or modify the exterior surfaces or roof of their townhome without the prior written consent of the Architectural Review Committee.

6.2 Condition. Each townhome, once constructed on a Lot, shall be kept in the same condition as at the time of its initial construction, excepting normal wear and tear. All townhomes shall be preserved and maintained in good condition and appearance. If any Owner fails to perform his or her maintenance responsibility, the Association may perform it and assess all costs incurred by the Association against the Lot and the Owner thereof as a Default Assessment in accordance with further provisions of this Declaration; provided, however, except when entry is required due to an emergency situation, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry. For purposes hereof, reasonable notice and opportunity to cure the problem shall be sixty (60) days.

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6.3 Owner's Casualty Insurance. Each Owner shall maintain physical damage/casualty insurance for the Owner's townhome in an amount equal to the replacement value of the townhome. The Association may require from time to time that each Owner provide the Association with proof of such insurance and that such insurance remains in continuous force and effect. Should any Owner fail to provide proof of insurance upon request, the Association may purchase the required insurance, and the costs of such insurance may be levied as a Default Assessment against such Owner. Each Owner covenants and agrees to use the proceeds of any physical damage/casualty insurance to reconstruct or repair the Owner's townhome as required by the following Section.

6.4 Damage to Townhome: If a townhome or portion thereof is damaged through an act of God or other casualty, the affected Owner shall promptly have their townhome repaired and rebuilt substantially in accordance with the architectural plans and specifications of the townhome building. Such rebuilding or repair shall be completed within a reasonable time period, not to exceed 12 months from the date of the casualty. In the event such damage or destruction includes damage to a party wall or shared roof and the damage or destruction was caused solely by the neglect or willful misconduct of a townhome Owner, any expense incidental to the repair or reconstruction of such party wall or shared roof shall be borne solely by such wrongdoer. If the townhome Owner refuses or fails to pay the cost of such repair or reconstruction, the Association shall have the right to complete such repair and reconstruction substantially in accordance with the original plans and specifications of the affected building, and the Association shall thereafter have the right to specially assess said townhome Owner for the costs of such repair and re-construction.

6.5 Snow Removal. Each Owner shall be responsible for snow and ice removal on their Lots. This includes, without limitation, all driveways, walkways and sidewalks located on the Owner's Lot, except those portions of the sidewalks or walkways on a Lot that are Common Area or over which an easement in favor of other Owner's exists. The only portion of a Lot for which the Owner is not responsible for snow and ice removal is any roadways and Common Area walkways which run over the Lot. Snow and ice removal on roadways and in the Common Areas shall be the responsibility of the Association. Notwithstanding the foregoing, the Association may elect to be responsible for all snow and ice removal within the Property and charge the same to the Owners as a Common Expense.

ARTICLE VII PARTY WALLS AND ROOFS

7.1 Party Walls. The townhomes comprising each building are single family attached units with common walls dividing the attached units known as "party walls." The center line of a party wall is the common boundary of the adjoining units. Each common wall in a townhome building shall be a party wall, and any party to said wall, and their heirs, successors, and assigns shall have the right to use the party wall jointly with the other party to said party wall as herein set forth. The term "use" shall and does include normal interior usage such as paneling, plastering, decoration,

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erection of tangent walls and shelving but prohibits any form of alteration which would cause an aperture, hole, conduit, break or other displacement of the original material forming said party wall. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

7 .2 Party Roof. The portion of the roof of each building which covers a party wall, any and all roof structure support, and any and all appurtenances to such structures, including without limitation, the shingles or other roof covering, roof trim, and roof drainage fixtures, shall be collectively referred to as "shared roofing". The shared roofing shall not be considered as Common Area. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to the shared roofing.

7.3 Sharing of Repair and Maintenance of Party Walls. The cost of repairing and maintaining each side of a party wall shall be borne by the Owner using said side, except as otherwise provided herein. The cost of reasonable repair and maintenance of any other portion of a party wall and the shared roofing (subject to any obligation of the Association contained in other provisions of this Declaration to replace the shingles or roof covering as required due to normal wear and tear) shall be shared equally by the Owners who make use of the party wall and shared roof. However, in the event any damage or destruction of a party wall or shared roof is caused solely by the neglect or willful misconduct of an Owner or the Owner's guests, invitees or agents, any expense incidental to the repair or reconstruction of such wall or shared roof shall be borne solely by such Owner.

7.4 Destruction by Fire or Other Casualty. If a party wall or shared roof is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has use of the party wall or shared roof may restore it. If other Owners also have use of the party wall or shared roof, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right of the restoring Owner to call for a larger contribution from an Owner who may have a greater liability under any rule of law regarding liability for negligent or willful acts or omissions.

7.5 Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes a party wall or shared roof to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

7.6 Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the Owner's Lot and shall pass to such Owner's successors in title.

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ARTICLE VIII. ASSESSMENTS

8.1 Assessments. The Declarant and the Current Owners, for each Lot owned by the Declarant and the Current Owners, hereby covenant and agree, and each Owner of any Lot, whether currently an owner or by acceptance of the deed to a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the Association assessments for Common Expenses as provided herein, including Annual Assessments, Special Assessments, and Default Assessments (collectively "Assessments"). The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and general welfare of the Owners and occupants of Alta Views, for the improvement and maintenance of Common Area, and such other services and areas of Association responsibility as defined by the Governing Documents. If the Board reasonably determines that the need for maintenance, repair or replacement of any areas or items of Association responsibility is caused through the willful or negligent act of an Owner, his family, guests, permittees or invitees, the cost of such maintenance, repairs or replacement shall be added to and become a part of the Assessment to which such Lot is subject. Prior to selling an Improved Lot or entering into a lease or rental agreement for an Improved Lot, the Owner shall disclose in writing to the purchaser and tenant, as the case may be, the existence of this Declaration, the restrictions contained herein and the obligation to pay Assessments, together with a current copy of the Governing Documents. If requested, the Owner shall deliver a copy of a written acknowledgement of compliance with this Section to the Board.

If the Board determines to assess the Owners of Unimproved Lots, then Annual Assessments for Unimproved Lots shall not include any reserves or assessment amounts for exterior maintenance of townhomes located on Improved Lots. Nor shall Unimproved Lots be subject to any Special Assessments for the maintenance, repair or replacement of any exterior portions of townhomes which the Association is obligated to maintain.

8.2 Initial Contribution. In addition to the Assessments provided herein, upon the initial sale of a Lot from Declarant to a third party and upon the subsequent resale of any Lot by an Owner, the purchaser shall pay the sum of $1,000.00 per Lot as an initial contribution to the working capital and reserves of the Association. Such initial contribution shall not be considered an advance payment of any Assessment and shall not be refundable upon resale of the Lot. If requested by the Board, the Declarant shall pay the initial contribution to the Association on behalf of the purchaser of such Lot at such time as construction of the townhome on such Lot is completed and a permanent or temporary certificate of occupancy is issued with respect to such town home or six (6) months have passed from the date of issuance of a building permit for such townhome.

8.3 Annual Assessment.

A. The Board of Directors may levy upon and subsequently collect from each Owner an Annual Assessment for each Lot. The Annual Assessment shall reflect the Board's estimate of the requirements of the Owners Association to cover items including, without limitation, the cost of maintenance, repair and operation of the Common Area and such other services and areas of Association responsibility as

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defined by the Governing Documents; expenses of management; premiums for insurance coverage as deemed desirable or necessary by the Homeowners Association; snow removal, landscaping, care of grounds and common lighting within the Common Area; routine renovations within the Common Area; common water and utility charges for the Common Area; legal and accounting fees; management fees; expenses and liabilities incurred by the Homeowners Association under or by reason of this Declaration; payment of any deficit remaining from a previous Assessment period; and the creation or supplementing of a reserve fund for the periodic maintenance, repairs and replacement of improvements within the Common Area, the exterior of the townhomes required to be maintained repaired and replaced by the Association and such other services and areas of Association responsibility as defined by the Governing Documents.

B. The Annual Assessment shall generally be equal for each Lot, unless the Board of Directors determines in good faith that a portion of the Annual Assessment benefits fewer than all the Lots, in which case such portion shall be assessed only against the benefited Lots. For purposes of establishing reserves for the maintenance, repair and replacement of those portions of the exterior of the townhomes required to be maintained by the Association, the Board may divide the townhomes into groups or pods based on the size of and similarity of construction of the townhomes. The Board is specifically authorized to assess differing reserve Assessments to each group or pod based on the Board's estimate of the required reserve for the Association's required maintenance, repair and replacement for the townhomes in each group or pod. Road maintenance, repair and replacement shall be considered to benefit all Lots equally, and such costs shall be apportioned equally among all Lots.

C. Payment of the Annual Assessment shall be due and payable either annually or in installments, as the Board of Directors may determine from time to time.

8.4 Special Assessment.

A. The Board of Directors may, from time to time, levy upon and subsequently collect from each Owner a Special Assessment for each Lot.

B. Any Special Assessment shall be equal for each Lot, unless the Board of Directors determines in good faith that all or a portion of the Special Assessment benefits fewer than all the Lots (such as a Special Assessment levied to perform exterior maintenance, repair or replacement for townhomes on specified Lots), in which case all or such portion shall be assessed only against the benefited Lots. Road maintenance, repair and replacement shall be considered to benefit all Lots equally, and such costs shall be apportioned equally among all Lots.

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C. Payment of the Special Assessment shall be due and payable as the Board of Directors may provide.

8.5 Default Assessment.

A. Any cost or expense (including attorneys fees) incurred by the Association as a result of the failure of an Owner to abide by the provisions of this Declaration, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to this Declaration, or any interest, late charge or other monetary obligation of an Owner under this Declaration (other than Annual or Special Assessments) constitutes a Default Assessment. If an Owner or a resident or guest of an Owner should cause damage to the Common Area or any property or improvement for which the Association is responsible for maintenance, repair, replacement or restoration of such property or improvement, the Owner shall pay for the cost of the maintenance, repair, replacement or restoration of the damage caused. If such payment is not made within thirty (30) days of the date the Association sends a bill for such cost, a Default Assessment may be levied against the Owner's Lot for such costs.

B. Default Assessments are levied against the Lot or Lots of an Owner who incurs a Default Assessment.

C. Default Assessments shall be immediately due and payable by the Owner, upon notice from the Association of the amount of the Default Assessment.

8.6 Remedies for Nonpayment of Assessment. Any installment of an Assessment which is not paid within thirty (30) days after its due date will be delinquent. In the event of such delinquency, the Association may take any or all of the following actions:

A. Assess a reasonable late charge for each delinquency at uniform rates set by the Board of Directors from time to time;

B. Charge interest from the date of delinquency at uniform rates set by the Board of Directors from time to time, not to exceed the maximum rate of interest permitted by law;

C. Suspend the voting rights of the Owner during any period of delinquency;

D. Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once;

E. Bring an action against any Owner personally obligated to pay the delinquent Assessment charges;

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F. File a statement of lien with respect to the Lot and foreclose as set forth in more detail below.

The remedies provided under this Declaration will not be exclusive, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law.

8.7 Assessment Lien. Any Assessment chargeable to a Lot will constitute a lien on the Lot, effective on the due date of the Assessment. If the Assessment is not paid within thirty (30) days of its due date, the Association may prepare and record a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessments amounts then owing. Any such lien statement will be signed by an officer, director or the Manager of the Association, and will be served upon the Owner of the Lot by mail to the address that the Association has in its records for the Owner. Thirty days following the mailing of such lien notice to the Owner, the Association may proceed to foreclose the lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Montana. The Association will have the power to bid on a Lot at foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot.

8.8 Liability for Assessment. All Owners of a Lot are personally responsible, jointly and severally, for all Assessments which become due at the time of their ownership, including interest, late charges, costs, expenses and attorney's fees incurred in collection of such Assessments. All successors to the fee simple title of a Lot, except as provided in Section 8. 9 and Section 8.10, will be jointly and severally liable with the prior Owner or Owners for any and all unpaid Assessments, including interest, late charges, costs, expenses and attorney's fees incurred in collection of such Assessments. However, any successor will be entitled to rely on the statement of status of Assessments given by the Association under Section 8.11.

8.9 Priority of Lien for Assessment. The lien of the Assessments will be superior to and prior to any homestead exemption provided now or in the future by the laws of the State of Montana, and to all other liens and encumbrances except the following:

A. Liens and encumbrances recorded before the date of the recording of this Declaration;

B. Liens for real estate taxes and other governmental assessments or charges duly imposed against the Lot by a Montana governmental or political subdivision or special taxing district, or any other liens made superior by statute; and

C. The lien for all sums unpaid on a First Mortgage recorded before the date of filing of a written lien statement for delinquent Assessments, including any and all advances made by the First Mortgagee, even though some or all of such advances may have been made subsequent to the date of filing of a written lien statement for delinquent Assessments. Any First Mortgagee who acquires title to a Lot by virtue of foreclosing the First Mortgage or by virtue of a deed or assignment in lieu of

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such a foreclosure, or any purchaser at a foreclosure sale of the First Mortgage, will take the Lot free of any claims for unpaid Assessments, interest, late charges, costs, expenses, and attorney's fees against the Lot which accrue prior to the time such First Mortgagee or purchaser acquires title to the Lot.

All other persons who hold a lien or encumbrance of any type not described in subsection A., B. or C., above, will be deemed to consent that their lien or encumbrance will be subordinate to the Association's future liens for Assessments, interest, late charges, costs, expenses and attorney's fees, as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance.

8.10 Protection of First Mortgage. No violation or breach of, or failure to comply with, any provision contained in this Declaration and no action to enforce any such provision shall affect, defeat, render invalid or impair the lien of any First Mortgage on any property taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Flathead County, Montana, prior to the time of recording in said office of an instrument describing such property and listing the name or names of the Owner or Owners and giving notice of such violation, breach or failure to comply. No violation, breach, failure to comply or action to enforce this Declaration shall affect, defeat, render invalid or impair the title or interest of the holder of any First Mortgage or the title or interest acquired by any purchaser upon foreclosure of any First Mortgage or result in any liability, personal or otherwise, of any such holder or purchaser. Any such purchaser upon foreclosure shall, however, take subject to this Declaration.

8.11 Statement of Status of Assessments. On written request, the Association will furnish to an Owner or his designee or to any mortgagee a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or mortgagee has an interest. The information contained in such statement, when signed by an officer or director of the Association, will be conclusive upon the Association, the Board, and every Owner as to the person or persons to whom such statement is issued and who rely on it in good faith.

8.12 Declarant's Responsibility for Assessments. The Declarant, although possessing management rights during the Period of Declarant Control, is not a Member of the Association, and as such shall not be responsible for payment of Assessments. The Declarant, however, shall at all times pay all expenses of maintaining the Lots that it owns, including any improvements located thereon, together with a proportionate share of all current expenses of administration actually incurred by the Association from time to time, except expenses related to maintenance and use of the Improved Lots and of the dwellings and other improvements constructed within or appurtenant to the Improved Lots that are not owned by the Declarant. For purposes of the foregoing sentence, the Declarant's proportionate share of such expenses shall be based upon the ratio of all approved Lots for sale owned by the Declarant at the time the expense is incurred to the total number of Lots then in the Project. In no event shall the Declarant be responsible for payment of the cost of any improvements or other Special Assessments without the Declarant's written consent. Further, the Declarant shall in no event be liable for any Assessment levied in whole or in part to purchase any Lot from the Declarant or to finance any litigation or other claim

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against the Oeclarant, any cost of investigating and preparing such litigation or claim, or similar related costs.

ARTICLE IX RESTRICTIVE COVENANTS

9.1 Residential Use. Each Lot may be used only for single-family residential purposes. There shall be no commercial or business use of a Lot. The use of a portion of any Lot for home-office purposes by the Owner or Occupant thereof shall be considered a residential use only if the Lot is used primarily for residential purposes, and if such business use (i) is not detectable by sight, sound or smell from the exterior of the residence, (ii) is consistent with applicable zoning and does not violate applicable law; (iii) does not increase the liability or casualty insurance premium or obligation of the Association or of other residents of the Property; and (iv) does not create any substantial vehicular traffic to and from the Lot. Only rentals for a minimum term of thirty (30) days or, if longer and to the extent permitted by applicable law, the minimum period required by Administrative Rule or applicable city, county or state law, regulation or ordinance, shall be permitted and shall not be considered commercial use.

9.2 No Subdivision of Lots. No Lot shall be further subdivided in any manner. A change in boundary lines between adjacent owners shall not be considered subdivision. Two or more contiguous Lots may be combined to form a smaller number of Lots.

9.3 Structures. The only structures allowed on a Lot shall be a townhome and its attached garage. No additional or detached structures, including, without limitation, garages, shops, sheds, etc., shall be permitted on a Lot. Notwithstanding the foregoing, Lots 3A, 3B, 3C, 30, 3E, 3F, 5A, 5B, 5C, 50, SE and 5F have detached garages. Such detached garages associated with these Lots are grandfathered and shall be permitted to remain on the Property, including the right to be repaired, maintained and rebuilt.

9.4 Setbacks. All applicable setbacks of the City of Whitefish or any other governmental organization with authority over the Property shall apply to and control the setbacks of any buildings or improvements constructed on the Lots.

9.5 Driveway Construction. The driveway for each Lot shall be paved/concreted prior to the townhome on the applicable Lot being occupied.

9.6 Townhome Construction. All townhomes shall be constructed on the Lot and no trailer homes, mobile homes, modular homes, or prefabricated homes of any kind or type shall be placed on a Lot. All townhomes shall be constructed of new materials. However, suitable used materials such as used brick or beams may be utilized, provided that advance approval has been obtained from the Architectural Review Committee. All construction, once begun, shall be completed within twelve (12) months after the start of construction. The townhome shall not be occupied until such time that the above work is completed and all building debris is removed. There shall be no burying or burning of construction debris on any Lot or Common Area. If construction

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activity on any Lot should cause damage to the roads or improvements, the cost or repair shall be solely borne by the Owner of the Lot. All construction shall conform to the Uniform Fire Code, Uniform Building Code and any applicable state, county or municipal codes. The Association may adopt rules and regulations governing construction, including trash and debris removal, sanitary facilities, parking areas, restoration of damaged areas, fire protection and other construction activities.

9.7 Roof Material. Only Class A or B roofing materials, as rated by the National Fire Protection Association, shall be allowed on all structures. No metal roofing shall be permitted except that certain architectural quality metal roofing materials may be used for accent roofing if approved by the Architectural Review Committee.

9.8 Utilities. All utilities shall be placed underground.

9.9 Sewer and Water Systems. Each Lot shall connect to the City of Whitefish water and sewer systems. During the Period of Declarant Control, the obtaining of any necessary permits and the costs of all connections to such systems (including any tap fees) shall be the responsibility of the Declarant. Thereafter, if a connection is lost, the cost to reconnect shall be the responsibility of the Lot Owner.

9 .10 Fences. No fences, other than fences initially constructed and installed by the Declarant in the development of the Property, shall be permitted on any Lot.

9 .11 External Fixtures. No external items such as, but not limited to, television and radio antennas, flag poles, wiring, water softening equipment or other similar items shall be installed, constructed, erected, placed or maintained on any townhome or any Lot. No solar panels, awnings, ornamental screens, porch or patio or balcony enclosures, or sunshades, other than those approved in writing by the Architectural Review Committee, shall be constructed, erected, placed or maintained on any townhome or any Lot.

9 .12 Satellite Dishes. Prior to the installation of any satellite dish, the owner must obtain written approval from the Architectural Review Committee as to the location of the satellite dish. Any satellite dish must be 24 inches or less in diameter, must be mounted on the roof of the Owner's townhome and must be located so as to not be visible from the front of the townhome.

9 .13 Outdoor Lighting. Ground level lighting of patio, deck, driveway and entryway areas on any Lot that is directed downwards and does not light areas outside such Lot or create glare is permitted. No other exterior lighting is permitted unless approved by the Architectural Review Committee.

9.14 House Numbers. Owners shall maintain house numbers on the townhouse. All house numbers shall be visible from the driveway entrance.

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9.15 Drainage Control. Reasonable precaution shall be taken during construction and thereafter, to prevent erosion and drainage problems. All disturbed soil areas shall be revegetated within a reasonable time in such a fashion as to minimize erosion. Driveways shall be constructed so as not to interfere with drainage and, if necessary, shall include culverts of appropriate size to prevent obstruction of water flow. During construction, measures must be taken to accommodate any changes in the flow of water, from or through the Lot and onto adjacent Lots, provided that any such measures must be approved by the Architectural Review Committee.

9 .16 Lot Landscaping. Re-vegetation of areas disturbed during construction and any basic landscaping, including finish grading and planting, must be completed within thirty (30) days after the date the owner first occupies their townhome. The Owner of each Lot shall develop a re­vegetation or landscape plan which will tend to enhance, complement and harmonize with the adjacent properties. Use of native plants is encouraged. Each Owner shall have the responsibility to maintain the grounds, lawn and any landscaping on their Lot, including the removal of weeds. If an Owner fails to maintain the grounds, lawn and any landscaping on their Lot, the Association shall have the right to notify the Owner, and if the Owner does not immediately maintain the areas, the Association may have such maintenance performed as the Association shall determine is reasonable, and the cost of such maintenance shall be assessed against the Owner and the Owner's Lot as a Default Assessment. The Association may elect to be responsible for all vegetation and landscaping within the Property, or portions thereof, and charge the same to the Owners as a Common Expense.

9.17 No Temporary Structures. No structure of a temporary character, including, but not limited to, campers, camper trailers, recreational vehicles, unfinished basements, tents or garages shall be used on any Lot at any time as a residence, either temporarily or permanently.

9 .18 Window Covers. All window coverings visible from the exterior of the townhome shall be compatible with the exterior decor of the townhome building. Exceptions shall be approved in writing in advance by the Architectural Review Committee. 9 .19 Noise. No townhome shall be used in any manner or for any purposes which results in noise levels which unreasonably interferes with the other Owners' and Occupants' use and enjoyment of their townhomes. Owners shall be permitted to have stereos or speakers located on the balcony or patio of their townhome and within their townhome so long as such speakers and stereo systems are not used at a volume which unreasonably interferes with the other Owners' or Occupants' use and enjoyment of their townhomes. Except for the foregoing permitted use of stereos and speakers on an Owner's balcony or patio, no radio, stereo, amplifier, broadcast or loudspeaker units of any kind shall be placed upon or be directed to the outside of any townhome. The Board may adopt, as part of the Administrative Rules, additional restrictions on the volume and time of use of any stereos or speakers used on an Owner's balcony or patio.

9 .20 Parking. No parking of vehicles is permitted in the driveways located on the Lots or on the roads and streets located within the Property or on any Common Area property other than those areas specifically identified for parking. The Association may adopt Administrative Rules for parking and Authorized Vehicles that is not inconsistent with this Declaration.

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9.21 Vehicles. Only Authorized Vehicles (as defined below) may be parked or stored on a Lot or the Property and then only within the Owner's garage or in designated parking areas. No Prohibited Vehicles shall be parked or stored on or within the Property. No maintenance, service, rebuilding, construction, dismantling, painting, or repair of any vehicle shall be conducted on the Property unless it is conducted with in the Owner's enclosed garage. Notwithstanding anything herein to the contrary, any vehicle (including recreational vehicles, boats, trailers, personal water craft, etc.) to the extent parked and stored within an Owner's or Occupant's garage shall be an "Authorized Vehicle."

A. Authorized Vehicles. Generally, the following types of vehicles are "Authorized Vehicles": standard passenger vehicles, including automobiles, passenger vans designed to accommodate ten ( 10) or fewer people, motorcycles and pickup trucks having a manufacturer's payload capacity of one (1) ton or less and vehicles which are the principal source of transportation for an Owner. Authorized Vehicles may be parked in an Owner's garage or any portion of the Property specifically identified for parking motorized vehicles subject to Section 8.6.C, below; however, no Owner may park an Authorized Vehicle in a manner which the Association determines either restricts the passage of pedestrians or vehicles over or through streets, driveways, parking areas or sidewalks within the Property or extends beyond the limits of the space where the Authorized Vehicle is parked. The Association shall have the power through adopting rules and regulations to identify additional vehicles as Authorized Vehicles from time to time and to adapt any restrictions on vehicle parking to other types of vehicles.

B. Prohibited Vehicles. Generally, the following types of vehicles are "Prohibited Vehicles": (i) recreational vehicles (e.g., motorhomes, travel trailers, campers, camper trailers, recreational vehicles, pickup campers and camper vans); (ii) large boats and personal watercraft; (iii) commercial-type vehicles (e.g., stakebed trucks, tank trucks, dump trucks, step vans, concrete trucks and limousines); (iv) buses or vans designed to accommodate more than ten (10) people; (v) vehicles having more than two (2) axles; (vi) large trailers; (vii) unlicensed, inoperable or junk vehicles or parts of vehicles; (viii) aircraft; (ix) any vehicles or vehicular equipment deemed a nuisance by the Board; and (x) any other vehicles not classified as an Authorized Vehicle. Prohibited Vehicles may not be parked, stored or kept on or within the Property except for brief periods for loading, unloading, making deliveries or emergency repairs. If a vehicle qualifies as both an Authorized Vehicle and a Prohibited Vehicle, then the vehicle is presumed to by a Prohibited Vehicle unless the vehicle is expressly classified as an Authorized Vehicle in writing by the Board. The Association has the power through adopting rules and regulations to identify additional vehicles as Prohibited Vehicles from time to time and to adapt any restrictions on vehicle parking to other types of vehicles.

C. General Restrictions. No vehicle shall be parked in any parking space located on the Property if such vehicle does not completely and clearly fit between the lines

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delineating the parking space. No Owner shall park any vehicle on or in the Property that obstructs free traffic flow, constitutes a nuisance, violates the Administrative Regulations or otherwise creates a safety hazard. The parking areas in the Property shall be used for parking Authorized Vehicles only and shall not be used for living, recreational or business purposes. No abandoned or inoperable vehicles shall be parked on the Property.

9.22 Animals. No pets except for domestic dogs and domestic cats owned by an Owner or Occupant may be kept or maintained in any townhome, on any Lot or on the Property. No other animals, including, without limitation, livestock, horses, swine, poultry, birds, reptiles, rodents or snakes shall be kept, maintained, or bred in any townhome, on any Lot or on the Property. An Owner may keep and maintain not more than a combined total of two (2) domestic dogs or domestic cats (not two of each, but a total of two, in whatever combination an Owner may choose) on an Owner's Lot, provided such animals are not kept, bred or raised for commercial purposes. No aggressive dogs or cats shall be permitted to be kept or maintained on the Property. An Owner shall not be permitted to keep or maintain in the owner's townhome, on the Owner's Lot or on or within the Property any dogs or cats which, in the reasonable determination of the Board, are determined to unreasonably interfere with the other Owners' quiet enjoyment of their property as a result of excessive barking, whining, noise, aggressive behavior or the like, or are determined to be a nuisance or threat to the safety of the Owners, guests, licensees or invitees of the Property. Pets constituting a nuisance may be ordered by the Board to be kept within the residence of the Owner or ordered expelled from the Property. All dogs and cats must be kept on a leash at all times while on the Property except when contained upon the Owner's Lot or within the Owner's townhome. No dogs or cats shall be permitted to run at large at any time. All pet enclosures must be located in the rear of the townhome. Owners shall be responsible for and must clean up after their pets. Notwithstanding the foregoing, the Board may adopt additional rules and regulations applicable to pets, including the assessment of fines or charges to Owners who violate the above requirements or any such rules adopted by the Board. The Association may adopt additional rules and regulations with respect to pets and animals, including size and weight restrictions of pets, provided any pets of Owners at the time such rules are adopted shall be grandfathered in.

9.23 Nuisances. No nuisance or unreasonably offensive or noxious activity, including noises (such as those from sound or entertainment systems, or other sound devices) and activities or objects that create an offensive odor, nor any other use, activity or practice shall be permitted on or within any Lot which is the source of significant annoyance or embarrassment to, or which significantly offends or disturbs residents of Alta Views or which materially interferes with the peaceful enjoyment or possession and proper use of any property by its residents. As used herein, during the Period of Declarant Control, the term "nuisance" shall not include any activities of Declarant or its agents, contractors or designees, which are reasonably necessary to the development of and construction in Alta Views.

9.24 Garbage and Refuse Disposal. Owners shall arrange and pay for the weekly pick-up of garbage from their Lots. All rubbish, trash, garbage and waste shall be kept in appropriate garbage receptacles with lids. All garbage receptacles and the areas in the vicinity of the receptacles shall

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be kept in clean and sanitary condition. Garbage receptacles shall be kept within each Owner's garage. No disposal of garbage, rubbish, leaves or debris shall be allowed on any vacant Lot or Common Area. No burning or burying of trash will be allowed on any Lot or Common Area. The

Association may elect to arrange and pay for weekly pick-up of all garbage from the Lots and charge the same to the Owners as a Common Expense.

9.25 Signs. The Declarant, during the Period of Declarant Control, shall have the right to place signs on and within the Property advertising the Alta Views project and the various Lots for sale. Otherwise, no signs, billboards, banners, or advertising devices of any nature shall be erected or maintained on any part of the Property, any Lot or any townhome, except for one unlighted sign not exceeding six (6) square feet placed on a Lot advertising the Lot for sale or lease.

9 .26 Firearms and Fireworks. No discharge of firearms or fireworks of any kind is permitted on or within the Property.

9 .27 Hoses. Any hoses used by an Owner on their Lot shall be rolled up and stored out of sight when not in use for watering lawn or landscaping.

9.28 No Storage on Patios or Porches. Owners shall not store anything on their front patios or porches. This provision is not intended to exclude the placement and use of patio furniture, barbecues, flower pots or similar uses of patios or porches.

9.29 No Storage on Common Areas. With the exception of parking Authorized Vehicles in designated parking areas, no Owner or their guests, invitees, licenses or permittees shall obstruct the Common Areas or store anything with the Common Areas.

9.30 Prohibition of Certain Activities. No damage to, or waste of the Common Areas or any part thereof shall be committed by any Owner, Occupant or their guests, invitees, licensees or permittees. No Owner or Occupant shall engage in activity within the Property in violation of any law, ordinance, statute, rule or regulation of any local, county, state or federal body. No nuisance or unreasonably offensive or noxious activity shall be permitted within any townhome or in the Common Areas or any part thereof which is the source of significant annoyance or embarrassment to, or which significantly offends or disturbs, other Owners or which materially interferes with the peaceful enjoyment or possession and proper use of any Lot or the Common Areas. The Association may adopt Administrative Rules further defining nuisance type behavior prohibited on the Property.

9.31 Rentals. Rental and leasing of a townhome shall be permitted so long as such rental or lease is for the minimum period required by applicable city, county or state law, regulation or ordinance; however in no event shall rental of a period of less than thirty (30) days be permitted. The Owner shall be solely responsible for all property management/rental activities in connection with the rental or leasing of an Owner's townhome. Neither the Association nor any management company hired by the Association shall be obligated to provide property management/rental activities in connection with the rental or leasing of an Owner's townhome. Any Owner who shall

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rent, lease or allow others to occupy his, her or its townhome shall be responsible for assuring compliance by the Occupants with the Governing Documents. Any default of or breach of the Governing Documents by an Occupant shall also be deemed a breach of the Governing Documents by the Owners. Any expenses incurred by the Association, including attorneys' fees and costs of suit, resulting from an Occupant's breach of the Governing Documents shall be repaid to the Association by the Owner.

9.32 Covenants to be Incorporated into Leases. Owners shall require that any Occupant, tenant or renter of a townhome comply with all provisions of the Governing Documents by either: (1) including a provision in any leases or rental agreements requiring the Occupant, tenant or renter to comply with all provisions of the Governing Documents; or (2) requiring any Occupant, tenant or renter to sign a separate acknowledgment and agreement requiring the Occupant, tenant or renter to comply with all provisions of the Governing Documents. Such written document to be signed by the Occupant, tenant or renter shall make a failure of the Occupant, renter or tenant to comply with the Governing Documents a default under the lease, rental agreement or contract.

9.33 Time Share and Similar Arrangements. No townhome or Lot may be divided into or conveyed as a timeshare, timeshare interval or timeshare interest, as those terms are defined in MCA § 37-53-102. To the extent permitted by applicable law, the Association may adopt rules and regulations restricting the number of adults who may reside in a townhome and adopting a maximum Owner Occupied to Lease ratio, provided existing arrangements at the time such Administrative Rules are adopted shall be grandfathered in.

ARTICLEX ARCHITECTURAL REVIEW

10.1 Review. In order to maintain harmony of external design and location in relation to surrounding structures, topography and to otherwise assist in achieving the general purposes of this Declaration, the following activities shall be subject to architectural review:

A. Site preparation.

B. Construction of any dwelling, structure, or other improvement on any Lot.

C. Exterior modification of any dwelling, structure, or other improvement.

D. Landscaping and modifications to landscaping.

E. Any other item requiring approval of the Architectural Review Committee under this Declaration.

None of these activities shall be undertaken without prior written approval of the Architectural Review Committee. Alterations or remodeling which are completely within a townhome and

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which do not change any portion of the exterior of the townhome are not subject to architectural review.

I 0.2 Architectural Review Committee. The Architectural Review Committee shall consist of three (3) Members of the Association. The members of the Architectural Review Committee shall be appointed by the Board of Directors of the Association. The party appointing the members of the Architectural Review Committee may remove any such members and replace any members who are so removed. To facilitate the development of the Unimproved Lots, the Declarant, during the Period of Declarant Control, may construct townhomes, construct other improvements to Lots, complete landscaping, construct and modify Recreational Facilities, and take such other actions for the development and sale of Lots and townhomes without any requirement of going through architectural review or complying with the other requirements of this Article X.

I 0.3 Pre-Design Meeting. Prior to the detailed design of any townhome, the Owner and the Owner's architect or contractor shall meet with the Architectural Review Committee to discuss the particular site, the Owner's desires for the townhome(s) to be constructed or improved on the Lots(s), how such desires can be met in a manner consistent with the overall plan for Alta Views and other matters preliminary to development of a design and plans for the townhome(s).

I 0.4 Application. When detailed plans have been developed but prior to undertaking any activities that are subject to architectural review, the Owner shall provide the Architectural Review Committee with detailed plans and specifications concerning the proposed improvement, including the following:

A. Site plan showing the location of the townhouse and driveway and any other improvements proposed to be built or revised. The plan must also show finished grade elevations and proposed landscaping.

B. A complete set of plans including plans for all floors, cross-sections, and elevations showing all dimensions and finished square footage.

C. Plans shall include exterior colors, materials, and finishes and outdoor lighting.

The Architectural Review Committee may require that the applicant submit additional information or materials reasonably required to perform its review function. In addition, the applicant shall submit the fee for architectural review which shall initially be the sum of $100, to be paid when detailed plans are submitted. The review fee may be revised from time to time by the Architectural Review Committee.

I 0.5 Action by Committee. Upon receipt of all required plans and other application materials, the Architectural Review Committee shall review the proposed improvement or alteration to determine whether it is in accordance with the goals stated in Section 10. I and is otherwise in conformance with this Declaration and any guidelines adopted by the Architectural Review Committee. The Architectural Review Committee may engage outside consultants and other

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professionals to review submissions, the cost of which shall be borne by the person or entity making the application or request. The Architectural Review Committee shall respond to the proposal in writing, stating its approval or the reasons for its disapproval. The Architectural Review Committee, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements. The Architectural Review Committee shall not unreasonably delay in acting upon an application. The Architectural Review Committee may monitor construction to ensure that the approved plans are being followed.

10.6 Guidelines. The Architectural Review Committee may but shall not be required to develop guidelines for its architectural review.

10.7 Deposit. The Architectural Review Committee may require each Owner or the Owner's contractor to provide a deposit in an amount set by the Architectural Review Committee to ensure that the roads and other Common Areas are not damaged during construction and that the other provisions of this Declaration and applicable rules and regulations are not violated during construction. If the construction is completed without such damage or violation, the deposit shall be returned to the Owner or contractor (without interest). If there has been such damage or violations, the deposit may be applied toward remedying such damage or violations. If the Owner or contractor disagrees that such damage or violations have occurred, the Architectural Review Committee shall give the Owner or contractor an opportunity to meet with the Architectural Review Committee and provide the Committee with such evidence as the Owner or contractor may desire. After considering such evidence, the Architectural Review Committee shall make a determination of whether such damages or violations occurred, including the amount thereof, and the determination of the Committee, made in good faith, shall be final. If the cost of remedying any such damage or violations exceeds the deposit amount, the Owner shall be responsible for any excess costs. Initially, the deposit amount is set at $ I ,000.00.

10.8 Liability. It is not the function of architectural review to determine the adequacy, completeness, or safety of plans, or whether plans submitted comply with any building codes or other regulations, or to assure that any construction is done properly or in full accordance with the plans. Neither the Declarant, the Association, the Architectural Review Committee nor their respective members, officers, directors, employees or agents shall be responsible or liable for the defects in any plans or specifications submitted, revised or approved under this Article, nor for any defects in construction pursuant to such plans and specifications. The Architectural Review Committee will use reasonable judgment in accepting or disapproving all plans and specifications submitted to it. Neither the Architectural Review Committee nor any individual member of the Architectural Review Committee will be liable to any person for any official act of the Architectural Review Committee in connection with submitted plans and specifications, except to the extent the Architectural Review Committee or any individual member of the Architectural Review Committee acted with malice.

10.9 Other Required Approvals. Compliance with the Alta Views design review process is not a substitute for compliance with any applicable building, zoning and other regulations, and

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each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction. Approval of plans and specifications under this Article does not in any way assure compliance with or approval by any government agency of their respective building requirements or regulations.

ARTICLE XI DURATION AND AMENDMENT

11.1 Duration of Declaration. The provisions of this Declaration are intended to be easements and covenants running with the land, and are intended to be perpetual, except as amended or terminated as provided below. If any provision contained in this Declaration is subject to the laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienation, such provisions shall continue and remain in full force and effect for the maximum period permitted by law, or until the provisions contained in this Declaration are amended or terminated as provided below, whichever first occurs.

11.2 Amendment during Period of Declarant Control. During the Period of Declarant Control, this Declaration may be amended by Declarant with the consent of fifty percent (50%) of the Members of the Association as provided in this Section 11.2. Declarant shall prepare the form of amendment. The form of amendment and a notice of the Owners' rights under this Section 11.2 shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner on the records of the Association. If written approval is received by Declarant from the Owners of 50% or more of the Improved Lots within 90 days of the mailing of the notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taken, together with a certificate certifying that notice was given to the Owners as required herein and that 50% or more of the Members of the Association approved the action.

11.3 Amendment after Period of Declarant Control. After the Period of Declarant Control, this Declaration may be amended or repealed as provided in this Section 11.3. Any amendment shall require the consent of the Owners of seventy-five percent (75%) of the Improved Lots. Such consent may be evidenced by written consent or by vote at a regular or special meeting of the Members of the Association, or by a combination of written consents and votes. When approved, the amendment, together with a certification of two (2) officers or directors of the Association certifying that the required consent of Owners was obtained, shall be recorded in the records of Flathead County, Montana.

11.4 Unilateral Amendment by the Board. At any time, the Board may unilaterally amend this Declaration (I) if such amendment is solely to comply with applicable law or correct a technical or typographical error, (2) if such amendment does not adversely alter any substantial rights of any Owner or mortgagee, or (3) in order to meet the guidelines or regulations of a mortgagee or insurer including, but not limited to, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the Veterans

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Administration or any similar agency. Such amendments shall not require approval of any Owners.

11.5 Declarant's Approval. Notwithstanding any other provision of this Declaration, no termination, extension, modification or amendment of this Declaration will be effective during the Period of Declarant Control unless the written approval of Declarant is first obtained.

ARTICLE XII MISCELLANEOUS

12.1 Effect of Provisions of Declaration. Each provision contained in this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision contained in this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision contained in this Declaration: (a) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property within Alta Views is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in any real property within Alta Views by an Owner or the Association, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner or Association, as the case may be, and, as a personal covenant, shall be binding on such Owner or Association and such Owner's or Association's respective heirs, personal representatives, successors and assigns; (c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each parcel of real property within Alta Views; and (d) shall be deemed a covenant, obligation and restriction secured by a lien, binding, burdening and encumbering the title to each parcel of real property within Alta Views, which lien with respect to any Lot shall be deemed a lien in favor of Declarant and the Association.

12.2 Variances. To avoid unnecessary hardship and/or to overcome practical difficulties in the application of the provisions of this Declaration, the Board shall have the authority to grant reasonable variances from the provisions of this Declaration. No variance shall materially injure or materially adversely affect any other part of the Property or other Owner or occupant. No variance granted pursuant to the authority of this Section shall constitute a waiver of any provision of this Declaration as applied to any other party or any other part of the Property, and no variance may be granted to permit anything that is prohibited by applicable zoning ordinances or similar law. All provisions of this Declaration not affected by the grant of a variance shall continue to apply with full force and effect to the Lot for which the variance is granted and to the balance of the Property.

12.3 Enforcement and Remedies.

A. Each provision contained in this Declaration shall be enforceable by the Association, the Architectural Review Committee, Declarant ( during the Period of Declarant Control) and/or by any Owner who has first made written demand on the

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Association to enforce such provision and 30 days have lapsed without action having been taken by the Association. Any enforcement action may be by a proceeding against the party or parties violating or attempting to violate any one or more of the provisions of this Declaration. This right of enforcement shall include the right to seek such relief as may be provided at law or in equity, including but not limited to a temporary or permanent injunction to prevent or abate such violation and/or a suit or action to recover damages.

B. Any action or omission which violates any provisions of this Declaration is declared to be a nuisance. Every remedy allowed by law or in equity against an Owner shall be applicable in case of any such violation and may be exercised by the Association, the Architectural Review Committee, Declarant ( during the Period of Declarant Control) and/or any other Owner who has given the notice required above.

C. In addition to the rights stated above, the Association, the Architectural Review Committee, and/or the Declarant ( during the Period of Declarant Control) shall have the right to enter upon any part of the Property (including the Lots) at any reasonable time to inspect for possible violation of this Declaration. Where the inspection shows that a violation of this Declaration exists, the Association, the Architectural Review Committee, and/or the Declarant ( during the Period of Declarant Control) shall have the right to enter, abate and remove any structure, improvement, landscaping, thing or condition causing the violation, at the expense of the Owner of the Lot where the violation exists, without any liability to the Owner for trespass or any other claim resulting from the entry, abatement or removal.

D. The remedies specified in this Section are cumulative. The remedies specified in this Section are not intended to be exclusive and do not preclude resort to any other remedy at law or in equity.

E. No delay or failure on the part of any aggrieved party to pursue any available remedy with respect to a violation of any provision of this Declaration shall be held to be a waiver by that party of, or an estoppel of that party to assert any right available to the party upon the recurrence or continuation of the violation or the occurrence of any different violation. No provision of this Declaration shall be construed so as to place upon the Declarant or any other party any duty to take any action to enforce this Declaration.

12.4 Notices. All notices required to be given under this Declaration shall be in writing. Any notice to be given to an Owner shall be delivered either personally, by Email, by first class United States mail, postage prepaid, or by overnight delivery service. Any notice to be given to a First Mortgagee or the Association shall be delivered either personally, by first class United States mail, postage prepaid, or by overnight delivery service. Any notice personally delivered shall be deemed

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - AL TA VIEWS

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2/26/2019 12:06 PM

given upon delivery. Any notice sent by Email or overnight courier shall be deemed given the day after it is sent. Any notice sent by United States mail shall be deemed given three days after being mailed.

A. Notice to an Owner shall be to the most recent address or email address furnished by such Owner in writing to the Association in accordance with Section 3.4, or if no such address shall have been furnished, then to the street address of such Owner's Lot. In the case of co-Owners, any such notice may be delivered or sent to any one of the co-Owners, and upon delivery to one of the co-Owners shall be deemed delivered to all such co-Owners.

B. Notice to a First Mortgagee shall be to the most recent address furnished by such First Mortgagee in writing to the Association for the purpose of such notice or, if no such address shall have been furnished, to any office of the First Mortgagee.

C. Notices to the Association shall be delivered to the registered agent of the Association at the office of the registered agent of the Association as it appears on file with the Montana Secretary of State at the time such notice is given

12.5 Limited Liability. Neither the Declarant, the Association, the Architectural Review Committee or, their respective officers, directors, employees or agents shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice.

12.6 Successors and Assigns. Except as otherwise provided herein, the provisions contained in this Declaration shall be binding upon and shall inure to the benefit of Declarant, the Association, and each Owner and their respective heirs, personal representatives, successors and assigns.

12. 7 Severability. Invalidity or unenforceability of any provision contained in this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration.

12.8 Captions. The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration.

12.9 Construction. When necessary for proper construction, the masculine of any word used in any provisions contained in this Declaration shall include the feminine or neuter gender, and the singular the plural, and vice versa.

12.10 Attorneys' Fees. In the event of a dispute arising under any provision contained in this Declaration, the prevailing party shall be entitled to its reasonable costs and attorneys' fees incurred.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -ALTA VIEWS

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12.11 Conflicting Provision. In the case of any conflict between this Declaration, the Articles, the Bylaws, or Administrative Rules, this Declaration shall control.

12.12 Counterparts. This Declaration may be executed in multiple counterparts, each of which shall constitute one and the same agreement.

DA TED this:btl day of h,br-V\""-"?3 ,20fl,

Declarant: Alta Views, LLC

By: DEL MAR PACIFIC GROUP, LLC Manager of Alta Views, LLC

BY: MSP INVESTMENTS, INC Manager of Del Mar Pacific Group, LLC

By: MARK S. PANISSIDI Its: PRESIDENT

ST A TE OF MONT ANA ) : ss

County of Flathead )

This instrument was acknowledged before me on ~~"' vtat~ d-l , 20 l .:j__, by Mark S. Panissidi, President of MSP Investments, Inc., as Manager Del Mar Pacific Group, LLC, as Manager of ALT A VIEWS, LLC.

Current Owners: See attached counterpart signature pages for each Current Owner.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - AL TA VIEWS

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Mark Panissidi

ST A TE OF MONT ANA ) : ss

County of Flathead

This instrument was acknowledged before me on G b~v..« r-0j d: I , 20 I _5__, by Mark Panissidi.

JAY T JOHNSON NOTARY PUBLIC for the

State of Montana Residing at Kalispell, Montana

My Commission Expires A ri107,2021

DECLARATION OF COVENANTS, CONDITIONS AND RESTR1CTIONS - AL TA VIEWS

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WFHC, LLC

By: el__ e_ eh_(~ Its :_----"'~..,,.u-...c..::..._:......_, ----'-~--_ .......... l,...&c:,.._ ___ _

STATE OF ----------'

County of ________ __,

This instrument

LLC.

on ________ , 201_, by __________ of WFHC,

Notary Public for the State of ______ _

(SEAL)

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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I IHI 111111 HI m11 HI 11 m1 m1 m1 m1111m HI 11111111 I I Ill lHlll l!:t!~:! 2/26/2019 12:06 PM

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 i15 IT narc -ce::ncncec 7 =

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

X

County of Lu S Attj ,c,J.e $

On A,2½ kr ], t,lJ Jg I

)

)

before me,~'-· _V~'--h~· z __ , _.,..._.,.!\,,___lo 14.....__ry___[l_b_l~, c_~ Here Insert Name and Tit/( of the Officer Date

personally appeared __ Th __ u_/Y\_A._5 __ C..,..._ .... t~h-+-e~n--~(J.,_Y\'--"(,""~~--------() L /' ~~me(s) of Signer(s) JU)__( o-- L.-VJe h

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

---------------OPTIONAL---------------Though this section is optional, completing this information can deter alteration of the document or

fraudulent reattachment of this for':1 to an unintended document. Cu cl,·f Description of Attached Do,s:pment D -e c/6.. nrfi o r-;i O f lo 11 ve.11 t:...vi .J.s. / n IYI.S

ti."'c-l Title or Type of Docum~9t: l(rsfr,'ch'ons -A/-/,,. Vi,ws Document Date: non~ Number of Pages: ,3 'j_ Signer(s) Other Than Named Above: ___ rto __ Y1_<::... _______ _

Capacity(ies) Claimed by Signeru;) L C I Signer's Name: 1ho(Ylll.S c.;. Chen Signer's Name: f2os4, h 8h D Corporate Officer - Title(s): _______ D Corporate Officer - Title(s): ______ _ D Partner - D Limited D General D Partner - D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee '? □ Guardian or Conservator D Trustee /) □ Guardian ~rAConservator ~ther: ~:1¼1GCLl l'-1.l.~u- 00 Other: 1.,;J-etzu-A-/ rvi~ Signer Is Representing: ---~------- Signer ls Representing: _________ _

w w ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

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ST A TE OF ();]OvtfflA "'-,

County of Plai¼t ,a ~ )

: ss )

11111111111111111 IIIII 111111111111111111111111111111111111111111111 IIIII IIII 1111111111111111111~~!:~g~'!,161/

Fees: $462.00 2/26/2019 12:06 PM

This instrument was acknowledged before me on _4_· I_Z _____ , 201.8:_, by Cody W. Guy.

y Publc£ilieState of _,.Jti ...... ~~-----

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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/ /

111~1111111 H~ rn11111 m~ rn~ rn~ rn~ rn11 m11~~ 111~ 111111111 m~ 11111~~:=~~~'!.16:1 Fees: $462.DD

~ ;ftz ~ ~ 2/2ti/2"mH

Steven W. Sparks

«ua e.~jQi. Michelle R. Sparks

ST ATE OF -Yo.-:~-Xl-~-------')

County of f-on, f)tt,J : ss )

This instrument was acknowledged before me on ~ ;>.i:J. Sparks.

ST ATE OF _~ ....... 1--=f.)(-'-Q:.C....~-------")

County of Fort f:,..J : ss )

This instrument was acknowledged before me on fvl~ k!!!I, R. Sparks.

(SEAL)

~ ~

SINCLAIR PRITCHARD Ndary ID #129556318

t.1y CommissiOO Expires ~20.2021

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

, 201-K-, by Steven W.

, 201 -¥.-, by Michelle

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Desmond Family Real Estate Limited Partnership

_ This instrument was acknowledged before me on --~---+--;:,-~----' 201 f , by as of

Desmond Family Real Estate Limited Partnersh'

(SEAL)

@ VALERIE MARIE MARTINEZ

_ Notary Public • California i Frnno County i j Comml11ion ti 2159930 ~

0 0 0 C C J:1J &'TT· f:f'rr J~ 1.5-Jt2& I

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CERTIFICATE OF ACKNOWLEDGMENT

State of CALIFORNIA )

County~ ) \

On 5/' ,:)-Jr f" before me, ~Ott.M tJfrJ4 fuu rr• Notary Public,

personally appeared ~ ~Cf;- dl 'rJr.u/1(___ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Commission No.: c1 f 5 q q '3 D Commission Expiration Date:

7 / / s/do d0

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Melissa Olson

STATE OF _;_·f+r-'-'---'-';?:::.c.O_"'-____ __,)

: ss County of ?t 't-tc...( )

This instrument was acknowledged before me on .4pr,' l t 2 Olson.

ERIC NICHOLAS JOHNSON Notary NJlic ·Slated ArizlN

PINAL COUNlY

, 201 L, by Melissa

My Commission Expirel March 11, 2022 Notary Public for the State of_4r,.:....:...::;'<:.:=--o~____,,. __ _

(SEAL)

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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Whitetail Haven, LLC

sTATEOF Idaho County of 1?.:oont,,V)' I } e,

KRISTEN KIMMEY

1mm111111m 11111111 ~1m m1 mm m 1mn mm 1~11111111111 m 11111 ~11 mm~~~:~~~~~6ll Fees: $462.00

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: ss )

(SEAL "'otary Public ·t State of Idaho

My Ca 5 117' , •• ■ MIJ1,2023

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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Frank Creasia

ST A TE OF /Yl~c,..1/V,(_ )

County of Y(<cl,½~ : ss )

This instrument was acknowledged before me on ~.er 6Jb­Creasia.

(SEAL)

CHRISTOPHER JELLISON NOTARY PUBLIC for the

State of Montana Residing at Whitefish, Montana

My Commission Expires April12, 2022

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

, 201.i_, by Frank

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STATEOFvr]o,r.J-~ ) : ss

County of Fta;±fl~ )

11111111111111111 IIIII 111111111111111111111111111111111111111111111 IIIII IIII II I Ill lllll llll llll~~::~~g'!»~6ll Fees: $462.00

2/26/2019 12:06 PM

This instrument was acknowledged before me on X)f')~ s· , 201 B , by Lee Calhoun.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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STATEOF~~ ) : ss

County of PI ~\....e A'\ d )

This instrument was acknowledged before me on ~~ :;;J-_ , 201 f3 , by Juli F. Miller.

STATEOF 1Y)01~

County of P&,._-::1-J:-e ~ )

: ss )

This instrument was acknowledged before me on~uAf /9;)_. Miller.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

, 201ft, by John F.

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\ o u,,r,e,__T\.-\..rAe, , Trustee of the Sedona Living Trust u/t/d March 5, 2009

STATE OF __ KT°"" _____ ~) : ss )

This instrument was acknowledged before me on \-\G...'-\ ~ , 201 ~, by L~ ~ \...),..,l'<°"-cr as Trustee of the Sedonaliving Trust u/t/d March 5,

2009.

ANNE E MARRS NOTARY PUBLIC for the

State of Montana Residing at Whitefish, Montana

My Commission Expires August 31, 2020

Notary Public for the State of 8"2s> 1-.;i.D

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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~;;)~--t;,, -~ ,,,.7,','iffl~.:· ..

Pamela D. Armstrong Wit~

County of ____.:.,~~~"'-""i~""""""=t-----'

This instrument was acknowledged before me on J 1 • ,~ / 3 , 201Z, by Pamela D. Armstrong Withers. ~

PHYLLIS SPRUNGER NOTARY PUBLIC for the

:: NOTARIAL.,.= State of Montana :'! HAL *: Residing at \~~.§ Whitefish, Montana

("811,#ff,.t.'f''"' · My Commission Explr&s September 02, 2019

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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fs,--CN',11.~ ~ STATE 8F A I be v-1--"-

.cp-- County of La.,yi. a.cl..°'-

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2/26/2019 12:06 PM

) : ss )

This instrument was acknowledged before me on A::p vi l lO Themig,

, 201 _E_, by Daniel

Notary Public for the__.SJ:ate--c5f Afb P-vk-..,, frt,v,h<.t.

TRACEY BEAUDOIN Barrister & Solicitor

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - AL TA VIEWS

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STATE OF a'\oAietl\D

County of ~] c,J h uid )

: ss )

This instrument was acknowledged before me on Mu r c...h. c) 'S Farrington.

KIM KEMPPAINEN NOTARY PUBLIC for the

State of Mdntana 'Residing at Columbia falls, Montana

My Commissi~n Expires

( ~~!E;~--~J~a!!n~ua~r~y~1~9~,~2~0~20~_j

STA TE OF (V1 o a±c. Oct '

)

County of [-( t1 t )-v o cJ : ss )

This instrument was acknowledged before me on mcd"·c1 J.S Farrington.

KIM KEMPPAINEN NOTARY PUBLIC for the

State of Montana Residing at Columbi~ falls, Montana

My Commlsslcm Expires January ni, 2020

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

, 201i, by Robert

, 201 _.R._, by Christine

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I Jathes D. Fuller

ST A TE OF ~ ) : ss

County of ;::::--~~ )

This instrument was acknowledged before me on ~L Cf Fuller.

, 201_5_, by James D.

,r-r--______________ N<_o

7taryPublicfort~~f _______ _

(SE SHANNON K HAVENS NOTARY PUBLIC for the

State of Montana Residing at Columbia falls, ~ontana

My Commission Expires April 21, 2018

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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506 Silverleaf, LLC

By:~-----------Its: ___ ~__,_.L..L..:.t...,i--(=1 ""'~--=--------

STATE OF __ +_l_/1_·~_1:...._'5 ___ ) : ss

County of _----=C=.o=--o::....:f::--_____ __,)

This instrument was acknowledged before me on ,~- / 'f P a.vr I L · /G; + t as ~ c, ~£

Silverleaf, LLC. 1

, 201 f3, by of 506

OFFICIAL SEAL MARILENA TANASESCU

NOT ARY PUBLIC - ST ATE OF ILLINOIS MY COMMISSION EXPIRES:04/05/20

Notary Public for the State of J;-///c...,cp/..£·

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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2/26/2019 12:06 PM

f§~'~. usti Stein 7c

STATE oF l/k-:tfuryly1 County of uhalcirn

) : ss )

This instrument was acknowledged before me on '4'2w / /0 Ronda. R. Steinbach.

) : ss )

This instrument was acknowledged before me on /Jr:1c1 I /0 Steinbach.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALTA VIEWS

, 201_.t', by

, 201_,f:, by Justin

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East Rim, LLC

ST A TE OF ~ ) : ss

County of Fu_::f~ )

This instrument was acknowledged before me~:)... , 201 6, by ftd./lrn k,iL~ as ~ of East Rim, LLC.

(SEAL)

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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STATEOFW ) County of~ __,_ __ ----~d __ _,:)ss

(S

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2/26/2019 12:06 PM

, 201)( , by Anne F.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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11111111111111 m1111m 11 m1 m1 m1m111111111111111111111 m1 u111r.:::~~~6:l

fees: $462.00 2/26/2019 12:06 PM

Omar A. Elzein as Trustee of the GL Sunshine Trust

STATE OF~ ACt1::l<1 Qu\

County of £1.a::rlv C< a,(

) : ss )

This instrument was acknowledged before me on ~ \ \ ~ Elzein as Trustee of the GL Sunshine Trust.

(SEAL) JANEA M JOHNSON NOTARY PUBLIC for the

State of Montana Residing at Kalispell, Montana

My Commission Expires February 26, 2022

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

, 201 t, by Omar A.

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Steven Larson

ST A TE OF Mou itt~A : ss

County of F '-" rt1EAD

This instrument was acknowledged before me on Larson.

JO¥CEKMIIS N0Wff flUIUC far ..

lkNofMoitkl.a RellC:lng at Kalllpel, MT My COmmlalOn Expires

January 2, 2019

(SEAL)

J Un~ .;; I , 201.!_, by Steven

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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STA TE OF --/2) LYrt ~ ) : ss

Countyof F~&.AJ )

This instrument was acknowledged before me on -tlJd/\ cA 3o Oudman.

SHANNON K HAVENS NOTARY PUBLIC for the

State of Montana Residing at Columbia Falls, ~ontana

My Commission Expires April 21, 201 B

STATE OF £)] ~) : ss

County of F lA.::f"~ )

, 201 8 , by Andrew

This instrument was acknowledged before me on '-'fYt.&A(/4 :3 D , 20 I _ll__, by Willetta Oudman.

(S

SHANNON K HAVENS NOTARY PUBLIC for the

State of Montana Residing at Columbia Falls, Montana

My Commission Expires April 21, 2018

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-ALTA VIEWS

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2/26/2019 12:06 PM

~t

STATE OF ~ ) : ss

County of F ~ )

This instrument was acknowledged before me on ~ c::!J2. Puckett.

STATEOF ~ Gali­

County of ;::::-~

) : ss )

This instrument was acknowledged before me on ~ch ~ J Puckett.

, 201 8, by Jim

, 201_8__, by Kim

r-- ----------.-1..::uitary Public for th; Tate of:,....,::___.,.,/~------SHANNON K HAVENS -~

(S NOTARY PUBLIC for the State of Montana

Residing at Columbia Falls, Montana My Commission Expires

April 21, 2018

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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Ronald L n

Lisa Lenoch

STATEOFWFkn·~ ) : ss

Countyof F~ )

This instrument was acknowledged before me on ~Ap-.a,=~C~L ~L __ /_O ____ , 201 _lL, by Ronald Lenoch.

SHANNON K HAVENS NOTARY PUBLIC for the

State of Montana Residing at Columbia Falls, Montana

My Commission Expires April 21, 2018

STATEOF ../]JLn~

County of F &-:1-fu C< d

) : ss )

This instrument was acknowledged before me on_~,...-,· 1 I c Lenoch.

(S

N SHANNON K HAVENS NOTARY PUBLIC for the

State of Montana Residing at Columbia Falls, Montana

My Commission Expires April 21, 2018

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALTA VIEWS

, 201_8_, by Lisa

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2/26/2019 12:06 PM

Mark D. Watkins

STATE OF ________ ...., : ss

County of --------~

This instrument was acknowledged before me on ________ , 201_, by Mark D. Watkins.

Notary Public for the State of ______ _

(SEAL)

STATE OF ________ ...., : ss

County of ________ ~

This instrument was acknowledged before me on ________ , 201_, by Jennifer J. Watkins.

Notary Public for the State of_' ______ _

(SEAL)

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALTA VIEWS

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2/26/2019 12:06 PM

CALIFORNIA ACKNOWLEDGMENT California Civil Code § 1189

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of dJ h8?C<u~

On o~\ D':f.\ a.,a,<Z before me, Debra M. Stover, Notary Public \ '

personally appeared Q'.\:fr(l.¼.. t \8!~¼JJ9';;, ~ ,\µ».,'}\E:eL ~ \~~N~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity(ies), and that by his/ her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signa~~~ iSeal)

--------------OPTTONAL-------------­Additional information provided in this section is not required however may deter fraudulent

attachment of this certificate to a document other than originally intended

Description of Attached Document:

Title or Type of DocuV\e1i l)Et_~ ON Document Date: 04\\~ Number of Pages: 3 -S Signer(s) Other Than Named Above:-------------=--..:::::::::.... ________ _

Capacity(ies) Clai gners Name:

Capacity Claimed: □ Individual □ Truste

Signer is Representing: _______ _

Signer Capacity Claimed: □ Individual □ Trustee □ Attorney-in-□ Guardian or Conservator □ Corporate Officer - Title(s) _________ _ □ Other ____________ _

Signer is Representing: _______ _

Notary Certificate attached pursuant to California Civil Code§ 1189

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2/26/2019 12:06 PM

STATEOFfn,PrLtiV),LA., ) : ss

County of j:: u,.;:t-/~ )

This instrument was acknowledged before me on ~ / 0 Klein.

, 20 I C , by Cynthia

Notary Public forteState of ______ _

DECLARATION OF COVENANTS, CONDITIONS AND RESTRJCTJONS - ALT A VIEWS

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2/26/2019 12:06 PM

Declaration of Covenants, Conditions and Restrictions - Alta Views

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Allan Bryan Schussler

I Dfllll 1111 ID 111111 IID WI 111111111 IID 11111111111 I I ID 1111111 Ufl~!:~~g~6tl Fees: $462.00

2/26/2019 12:06 PM

This instrument was acknowledged before me on __ A_~_'/;._. _-z._:{' __ Bryan Schussler.

(SEAL)

Notary Public for th~ o --'-...:...=..iii!'!"T.""'­

~/<<JV, KIRK F. ETANLCY

A OOl•t•t'N!R FOR OATHS I W:,,Mt/ PU8UC IN AlflJ l'OR THIPAOVINCIOFALBllffA

INffl\,10 TO PAAcnce ,,.......MA80UCIT0R

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -ALTA VIEWS

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) : ss )

(SEAL)

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Fees: $462.00 2/26/2019 12:06 PM

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - ALT A VIEWS

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2/26/2019 12:06 PM

Consent of Wells Fargo Bank, N.A.

Wells Fargo Bank, N.A., is the owner, holder or beneficiary of one or more lien(s), deed(s) of trust, trust indenture(s) or mortgage(s) filed against the property or a portion thereof, which is subject to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements of Alta Views ('·CCRs"). Wells Fargo Bank, N.A., hereby consents to the CCRs.

WELLS FARGO BANK, N.A.

~ E. '\/4tJ,~ t/.A s In ~~ S. Vaifrth~i:

Title: Vt~ Pr~~ ll1Hlf

STATE OF fv{,Clr~ (Q!\ll_

County of r 12,-tdtI l cJL

) :ss )

'h - . This instrument war, acknowledged before me on lhis ~ d'!Y of J 0. f\Li.D r¼

2019,by Low~ t,.~alt,lftt'\.A. as Vtu~s,cLtrrt Wells Fargo Bank, N.A.

(SE AL)

of

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2/26/2019 12:06 PM

EXHIBIT A

The Plat of Alta Views according to the map or plat thereof on file and of record in the office of the Flathead County Clerk and Recorder.

EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-ALTA VIEWS

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0012449 0503740 0503788 0503836 0429226 0503741 0503789 0503837 0503694 0503742 0503790 0503838 0503695 0503743 0503791 0503839 0503696 0503744 0503792 0503840 0503697 0503745 0503793 0503841 0503698 0503746 0503794 0503842 0503699 0503747 0503795 0503843 0503701 0503748 0503796 0503844 0503702 0503749 0503797 0503845 0503703 0503751 0503798 0503846 0503704 0503752 0503799 0503847 0503705 0503753 0503801 0503848 0503706 0503754 0503802 0503849 0503707 0503755 0503803 0503852 0503708 0503756 0503804 0503853 0503709 0503757 0503805 0503855 0503710 0503758 0503806 0503856 0503711 0503759 0503807 0503857 0503712 0503760 0503808 0503858 0503713 0503761 0503809 0503859 0503714 0503762 0503810 0503860 0503715 0503763 0503811 0503861 0503716 0503764 0503812 0503862 0503717 0503765 0503813 0503863 0503718 0503766 0503814 0503864 0503719 0503767 0503815 0503865 0503720 0503768 0503816 0503721 0503769 0503817 0503722 0503770 0503818 0503723 0503771 0503819 0503724 0503772 0503820 0503725 0503773 0503821 0503726 0503774 0503822 0503727 0503775 0503823 0503728 0503776 0503824 0503729 0503777 0503825 0503730 0503778 0503826 0503731 0503779 0503827 0503732 0503780 0503828 0503733 0503781 0503829 0503734 0503782 0503830 0503735 0503783 0503831 0503736 0503784 0503832 0503737 0503785 0503833 0503738 0503786 0503834 0503739 0503787 0503835


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