Declaration of Restrictions

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20060215-0064721

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02/15/2006 04-12:12Pn

R e g i s t e r o l Deeds T20060007801 Johnson Co ROD 8 2 0 0 6 0 2 P:004721

PERSIMMON POINTE. SECOND PLAT

AND

PERSIMMON POINTE, THIRD PLAT DECLARATION OF RESTRICTIONS AND HOME OWNERS' ASSOCIATION DECLARATION

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THIS DECLARATION. made as of the dry of ,2006, by the Declarant. HEI7:lTAGE DEVELOPMENT O F KANSAS, lNC.. u Minnes ta corporation, and the undersigned oviners ("Owners") .

WHERIZAS. the Declarant has executed and filed with the Register of Deeds of Johnson County, Kansa!;, a Second Plat of the subdivision known as "PERSNMON POWTE". which plat was recorded on March 1,2005. in Book 200503 at Page 000183; and WHEREAS, such plat adds the following lots to the subdivision Persimmon Pointe, lowit: Lots 63 through 1 13, inclusive, PERSIMMON POINTE. SECOND PLAT, a subdivi::ion in the City oTOlilthe. Johnson County, Kansas. according lo the recorded plat thereof; and WHEREAS, the Declarant has executed and filed with the Register of Deeds of Johnson County, Kansas, a Third Plat of the subdivision known as "PERSIMMON POINTE". which plat was recorded or] August 3 I, 2005, in Book 200508 at Page 015046; and WHEREM, such plat adds the following lots to the subdivision Persimmon Pointe, to-wit: Lots 1 14 through 152, inclusive, PERSNMON POINTE. THIRD PLAT, a subdivision in the City of Olathe, Johnson County, Kansas, according to the recorded plat thereof: -1 CWDOCS 447022~1

and WHEREAS. the Declarant and Owners desire to suhject the aforesaid lots ("Additional Lots"), to the (:ovenants, restrictions, easements and other provisions contained in that certain Declwation of Restrictions. as amended, dated as of May 23,2003 (the "Original Declaration"). executed Deel;~rantand filed with the Register of Deeds of Johnson County on June 4. 2003 and recorded in Book 9058, Page 975. and in that cenain Homes Association Decleration. as amended, dated as of May 23, 2003 (the "Original Homes Association Declaration"), executed by Declarant and filed with the Register of Deeds of Johnson County. Kansas on June 4. 2003 and recorded i n Book 9058, at Page 957. NOW. THEREFORE. in consideration of the premises, Declaranl, for itself, and for its successors anc. assigns, and for its future grantees. hereby agrees and declares that all of the Additional Lots shall be, and they hereby are, subject to the covenants, restrictions, easements and other provisions set forth in the Original Declaration and Original Homes Association Declaration. As contemplated in the Original Declaration and Original Homes Association Declaration, this instrument shall have the effect of subjecting the Additional Lots to all of the provisions of the Original Declaration and Original Homes Association Declaration as though the Additional Lots had been originally described therein and subjected to the provisions thereof 1N WI'TNESS WHEREOF, the undersigned has caused this Declaration to be duly executed as of the date first above written. [Remainder of page left blank intentionally]

20860215-0084721 P: 2

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Register o f Deeds

Johnson co ROO

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HERITAGE DEVELOPMENT OF KANSAS. INC., a Minnesota corporation

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On this of , b j z before , me, s Notary Public in and for said stat:, personally a peared c - r v J t ~ 43 4 ,who stated that he is the \I\c i? 1-l r I&A of HERITAGE DEVELOPME& OF KANSAS, INC.. a Minnesota corporation, known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that he executed the same for the purposes therein stated.

IN W'NESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office the d.ay and year last above written.

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Ownership: Lots 65.76. 83 and 88. PERSlMMON POINTE, SECOND PLAT. a subdivision in the City of Olathe. Johnson County. Kansas. according to the recorded plat thereof.

PRIDE BUILT HOMES. TNC. By: Printed Name: Title: 9fi\&d-

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On this day of $ (&KU&Z +' ,200C, before me, a Notary Public in and for said 3 . S P ~ F - / who stated that he is t h e f k k ~ ~ ' , u p state. personally ;rppearedof PRLDE BUILT HOMES, INC., a corporation. known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that he executed the same for the purposes therein s~ated. IN Wfl.'NESS WHEREOF. 1 have hereunto set my hand and affixed my official seal the day and year last above written.

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Ownership: Lots 74. 82.89 and 97. PERSIMMON P O M E . SECOND PLAT. a subdivision in the City of Olathe, Johnson County, Kansas, according

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On this day of ?fdfiyAZ , 2006. before me. a Notary Public in and for said state. personally ; ~ ~ ~ e a r e d ( ? E &OTZ &/g d who stated that he is the f&f 5, i x AJT of P&%2RK HOMES, INC.. a corporation. known to me to be the person who executed the within instrumen1 on behalf of said corporation and acknowledged lo me that he executed the same for the purposes therein stated. IN WlTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year I:~st above written.

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20060215-0004721

Ownership: Lots 70. 72. 75. 86 and 92. PERSMMON POINTE. SECOND PLAT, a subdivision in the City of Olathe. Johr~sonCounty. Kansas. according to the recorded plat thereof.

KEN HOELTING HOMES, PJC

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O n this day of ?L'~Q+~,"". before me, a Notary Public in and for said s y appwledb c M . u r r N d N ~rz&&ho stated that he is the f i of KEN HOELTING HOMES, INC.. a corporation, known to me to be the person whcl executed the within instrument on behalf of said corporation and acknowledged to me that he executed the same for the purposes therein staled.

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IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year last above written.

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Ownership: Lots 71. 85. 96 and 103, PERSIMMON POMTE, SECOND PLAT, a subdivision in the City of Olathe, Johnson County, Kansas. according to the recorded plat thereof. KODiAK CONSTRUCTION. LLC

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On this day of &f&(&'Aj ,2006. before me. a Notary Public in and for t;t,who being by me duly sworn did say said state, personally appearedkc ~)v&€,fi&zd~i that he is the i m E EC of ~ O D I A K CONSTRUCTION. LLC, a limited liability company, and th;tt the within instrument was signed and sealed in behalf of said limited liability company by authority of its members, and acknowledged said instrument to be the free act and deed of said limited liability company for the purposes therein slated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year I;lst above written. \

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Ownership: Lots 84.87.90 and 95. PERSIMMON POTNTE. SECOND PLAT, a subdivision in the City of Olathe. Johnscln County. Kansas, according to the recorded plat thereof.

~ of -?&&RU&?~ , 2006. before me, a Notary Public in and for said On I h i r ' day m u who stetcd that he is the stale. personally appeared ' ? d f l x bL,J~c of TFU$iB)UILDERSfINC.. s corporalion. known to me lo be the person who executed the within instrument on behalf of said corporation and acknowledged to me that he executed the same for the purposes therein stated. IN WrrNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year I;~stabove written.

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20060215-0004721

0211512006 P: B of 8 04:12:12 PN R e g i s t e r of Deeds T20060D07801 Johnson Co ROO 0 200602 P:004721