Declaration

---

Firg Amer$^dn 'Titk iflSUraW0 Cmm 115 East Park post on'mBox 1125 Sathe, KS 66N1

12/23/2005 .OO 1 1 :31:31 OM Register of Deeds TMO50070510 Johnson Co ROD 8.200612 P:Q08559 8?~?2f?0??~?0

DECLARATION OF PRAtRlE BROOK

THIS DECLARATION is made as of the 1st day of May. 2005, by HIDDEN CREEK. L.L.C.. a Kansas limited liability mmpany ("theDeveloper'). RECITALS: A. Developer o m s the follcwlng described real property (together wilh any land which hereafler may be made subjed to this Declaration, as herein provided. the 'Nelghborhood"): Lots 1-62 inclusive and Tracts A€ induslve of Hidden Creek First Plat, a subdiisim in Me City Olathe, Kansas filed for record on June 20'". 2005 in the office of the Register of Deeds of Johnson Cwnty, Kansas and recorded in Book 200506 at Page 008935. and Lots 63 and 64 of Hiddm Creek Second Plat. a Subdivision in the City of Olathe. Kansas filed for record on September 1 2 ~2005 . in Me ofice of the Register of Deeds of Johnson County. Kansas and recorded In Book 200509 at Page 003897. 6. Developer intends (but shall no1 be obligated) to develop the Neighbomood or muse it to be developed by others as a single-t8inlly residential development

Developer desires to create a m m u n i t y association, the members of Mich shall be the owners of imfividual C. lots within the Neighbodwod, for the purposes of malntalnhg the appearance and quality of certaln wmmon fadlities and amenities serving the entire Neighborhood. providing certain services to the lot owners and for the other purposes herein set forth.

D. Developer desires to establish easements, covenants. conditions, restrictions and obligations upon lhe Nelghbohood, all for the purpose of enhancing and preserving the value, desirability and allractiveness of Me Nelghbotbood. NOW. THEREFORE, Developer hereby declares Utat a4l property within Ule Neighborbod shall hereafter be held, transferred, sold, conveyed, mwtgaged, leased, occupied and used subjed to the covenants, conditions, reslrictions, assessments. liens, easements, privileges, rights and other provisions hereinafter set forth, all of thlch shall run with the land and be binding upon all property Mthin the Neighborhwd and all parties havlng or acqdring any right, title or Interest in or to any property within the Neighborhood,and shaU Inure to the benefitof and be a burden upon each ower of land withln the Neighbomood. ARTICLE 1 DEFlNlTlON$ The following terms as used In lhis Dedaration shall have Ihe meanings set fonh below unless Me context clearly requires olherwise: 1.1 " A s s e s W e Lot' means each Lot owned by a parson or persons or entity or entities other than Developer or any Builder; provided, however, Umt a Lot conveyed by Developer to a Builder which is still owned by such Builder on the date which is 14 months after the recording of the deed from Developer to such Builder shall be an Assessable Lot. 1.2 'Assessment" shall mean any annual assessment, spedal assessment, maintenance assessment or lnsti?llment thereof, Mich is levied on Lots by the AssoclaUcn in accordance herewith. 1.3 ~As~oclallon' means the Prairie Bfuok Homeowners Assoaatlon, Inc.. a Kansas not-for-profit c~paration organized as h e e n provided. 1.4 'Boanl" shall mean the Board of Directors of the Pmirie Brook Homeowners A s s o d a h . 1.5 'Builder" means Developer or any other p e r m or entity that acquires fee title ta one or more Lots from Developer for the purpose of constructing residences thereon for resale. 1.8 " C w means Me City of Olathe. Kamas. 1.7 "Common Faclllties" means all land designated by Developer for the general me, benefit or enjoyment af all owners, tenants and occupants of Me Neighborhood whlch is (a) designated as a tract on any plat of any porlion of the Neightarhood. (b) deeded to the Association by or at the direction of the Developer, or (c) h e subject of easements, leases. llcemes or other rQhts of use granted to h e Assodalion by w at the diredion of the Developer, together with all improvements,

f W e s . 8quipment and other tangible personal property located on, used in connection vnth or forming a part of any of me foregoing land. ~nclud.ng,mthod i~mltatcon- bulldings and structures, planbngs, imgatton systems ana other landscape features. playgrO~naS. ~ i c n l careas, ~ r k i n areas. p s m m na owls ana other recreahonalfaa lies and eqdlpmenl, slaewalks, trails ana walkways. I~ghbng. ;igns, monuients, k l l s , fences and-sklptures: w m o n mailboxes and appurtenant facilities; and streams and drainage facilities PROVIDED. HOWEVER, the foregoing does not constitute a representation of warranty that any Common Facility so enumerated exlst *in me Neighborhood. 1.8 "Declaration' means this Dedaration of Prairie BmM, as it may be amended or supplemsnted from time to time. "Developer" shaH mean Hidden Creek. LL.C., a Kansaslimiled liability company, its s u a x s s m and assigns. 1.9 "Lol' means each separate p a r d within the Neighborhood, as shown on any recorded plat d all or part of the 1.10 N e i g h b o M . which is intended for individual ownership. except any such separate parcel induded w h i n the Common Facitiities, provlded however, that if an Owner. other than the Developer, owns all or parts of one or more adjacent lots upon which only cmo residence has been, is being, or wilt be wnskucted, then such adjacent properly under common ownership shall be deemed to constitute only one 'Lot'. 1.1 1 'Owner" means each person or persons andlor entity or entities who may fmm time to time u w fee simple title to any Lo1 Including the Oevecoper, but exduding those havlng such interest mewiy as securlly fcr me performance of an obligation. 1.12 "Pla" means. C O n e d l d y , all subdlvlsion plats of land Mthln Me Nelghbomod, as approved by the City and recorded with Me Register of D e d s , as the same may be amended from time to time. 1.13 'Pool Area" means the specilic portion of the Common Fadities designated by Developer as a swimming mi facility, together wilh all improvements, fixtures, equipment and other tangible personal property locatcd on, used in wnnedion Hilh or forming a part of said facillly, fnduding. without Ilmltation: swimming or wading pwls. surrounding decks and fencing, buildings mlaining restrooms, storage bcilitias and mechanical equipment, and related shelters, walkways, parking areas, landscaping, irrigationsystems, lighting, plumbing and utilities. 1.14 'Register of Daeds" means me Register of Deeds of Johnsan County. Kansas. 1.15 "Residence" means a building (togemer wim related improvements)mich is designated and used exdusively for single-fmamily residential purpose located on any Lot in Me Neighborhood. ARTICLE 2 @SOClATlON 2.1 PURPOSE OF ASSOCIATION. The Associabn shall pmtect, maintain, Improve, operate and administer Me Neighborhod (including the Common Fadities). induding taking necessary action to levy and collect the assessments herein provided for, paying expenses and losses and dolng such olher mings as are provided or contemplated in Mls Declaratlon and the Assodallan's ARides of lnmrporation and Bylaws. The Assodatlon shall not be deemed lo be conducting a business of any kind. and shah hold and apply all funds it receives for the benefit of the Neighborhood in amrdance with the provisions of thls Dedaratlon and the Association's Articles of Incorporation and Bylmvs. 2.2

MEMBERSW IN ASSOCIATION.

1. Developer shall be a member of me Assodation by virlue of Developer's ownership of Lots within the Neighborhood as of me date of recording of this Dedaration and any Lots acquired by Developer thereafler. Developer shall have thirty (30) votes in the Assocktion for each Lot for which Developer b i d s fee simple title. Each other M e t shall, upon acquisition of fee simple title to any Lot, automatically bewme a member of Me Assodation. Each Owner shall be entitled to one (1) Assodation membership and shall have one (1) vote in me Assodation for each Lot in whitt! the Ownar holds the interest requlred for membership and upon which !3e member shall not be dellnqumt In the payment of Assessments. Each Ovvner shall give notice to the Assocktion of the name and address of the Individual who dl hold Me A s s o d a h membershio for such Owner. If an Owner (other than Developer) Is m p n s c d of more than onc pcrson and/or enltty. they shal: designate oke of thetr nLmber to hold the AssodaUon memoersh~p,and each member lother man Oevelooer) must be t i ) an lndiwzlual who Is an Owner or 12) If the Owner Is or hcludes a an irdiiual who is a partner, or (3) lf Me M e r l s o r indudes a corporabn, an om& of me corporation. or (4) if the Ormer is or indudes a trust. an individual HAa is a bustee or beneficiary of the trust. or (5) if the Owner is or indudes a llmited IiaMRty company or an association, an individual who Is a member or manager of !3e limited liability company or association. 2. A membership in the AssociaUon shall no! be transferred, pledgsd or alienated in any way by any Omer other than Developer except 8s ewessly provided in this Dedaration. Subject to the provisions of thls Artide 2.2, membership in the Assodation shall automatlcaHy be transfened to the new Owner upon the transfer of fee sknple We to the Lot to which the membership appertains, whether by sale. Intestate succassion, tsslarnsntary disposition. foreclosure of a mortwge or other legal process Wandaring fee simple tine to such Lot; however, the Assocjatlon s M I riot be responslMe for pmvlding notkes to h e new member under MISDedaraUon until notice of Me mnsfer and ol Iim name and address of the new member has been given to Me Association. 3. Notwithstanding the foregoing provisions of Mutide 2.2, if an M a r has granted an inevacaWe proxy or otherwise pledged the voting righls appurtenant to such M e r ' s membership in the Associatim to a mortgagee as additional securiIy. Me votes of such mcitgagea shall be reagnized If a copy of the proxy or other instrument pledging such voting right has been provided, h e A s s o d a m shall recognizeMe rights of the mortgagee under lhe instrument first provlded. 4. If any lender to which Devdoper assigns as securiIy all or substantially all of Developafs rights under MiS Dedaration shall suoceed to Develupet's interest by virtue of such assignment. the voting rights of Developer as set forth herein shall not be terminated by such assignmenL and such lender shall hold Developds membwstip and voting rights on the same terms as lhey were held by Developer.

P : 2 o f 19 11:31:31 AN Resistor o f Deeds T20050070610 Johnson Co ROD B:200512 P:000559

2.3

INDEMNIFICATIOEI.

To the fullest exlent permlned by law, the Association shall indemnify each officer and director of the 1. Assodalion, each member of the Design Review Committee (hereinafter defined) and Developer (lo the extent a claim may be bmughl against Developer by reason of its appointment or remouai of or anlrol over any such other persons) (each. an 'Indemnlfied Party') against all expenses and liabilities (including attorneys' fees) reasonaMy inmrred by or impcsed upon the lndemnilied Party in connection with any action w proceeding, w any settlement thereof, to *ich Ihe Indemnified Parly may be a party w i n wh~chthe Indemnified Party may become involved by reason of serving or having served in such capacity (or, in the case of Developer, by reason of having appointed, removed or controlled or failed to conbl any offlcer or director of the Association or Party did not act, fall to act or refuse to act willfully, in a grossly member of the Design Review Committee). provided the Indemn~Red negligent manner or with fraudulent or criminal intent in the perfonance of the indemnified Party's duties. The foregoing rights of indemnification shall be in addison to and not exdusive of all other rights to which any Indemnified Party may be entined at law or olherwise. 2. To the tullest extent permined by law, neither Developer nor any officer or director of the Association nor any member of Me Design Review Commiltee shall be liable to any Owner or any Association member or anyone dalming by. through or under any Owner or Association member for any damage, loss or prejudice suffered or claimed on a m u n t of any dedsion, course of adion, inadion, omisslon, error or negligence taken or made In good faith and Wch Developer, such officer. director or Design Review Commiltee member reasonably bellwed to be hthin the scope of his, her or its duties. 2.4 POWERS AND DUTIES OF THE ASSOCIATION. The Assodallon shall have Me powers and duties set f& In its Articles of lnmrporation and Bylaws. pmvided such powers and duties are not inmnsb3tent h t h the pmvislMS of thls Declaration. In addition to and not in limitalion of the powers and duties of the Association pmvided in its Mtides d Inwrparation and Bylaws, the k x d a t i o n shall have the following powers and duties:

1. DISCRETIONARY POWERS. The Association shall have and does hereby reserve the right, power and authority. in Its discretkn, to do any of Me folldng. which it may exercise or perform Menever, in its discretion, it may deem

necessary or desirable: Aquire and own tiUe to or acquira by lease su& real property as may be reasonably (a) necessary In order to carry out the purposes of the Association. Provide for the design, construdion, installah, maintenance. replacemenl protection and (b) operation of any improvements the Associetlon may deem advisaMe on any Common FaciCties h i c h are intended for the use, benefil or enjoyment of O w e s In the Nelghbottmod. lns1aU. maintain and use, or authorize tho installation maintenance and use of sanltary and (c) storm sewers. storm drains, g s and hater pipelines, underground electric, cabb television and teiephone mnduits and related appurtenances, and grant penit?., licenses, easements or right-of-ways for such public and private utilities, roadways or other purposes over, under, upon and thmugh aR easements and rights-of-way shown on any remrded plat of the Neighborhood or any Common Faallties as may be reasmaMy necessary or appmpnate lor Me ordwly mamtenance, preservetlon and enlaymen1of Me Nelghborhood or any pan thereof or tne reservet ti on of the nealth, salew, cnnven.ence and welfare of (he &ners All uDhW essemenls and nahtsof-viay shall inure to the benefit of all utility campanies. including, without limitation. & City of Olathe S-W~ Dlsbict for purposes of installing, maintaining or moving any utility lines or services, and shall inure to Ihe benefit of the Developer. all Ownerr and the Association as a cross easement for utility line w senice maintenance. Clean streets, gutters, cald, basins, sldewaiks, s t o n sewers, irrigation and drainage (d) fadGlii, including, without limitation, any sum faciliUes or impmvernenk locatd within public rightsf-ways which serve the Nelghbomood. Erect and maintain signs for purposes of identification, tramc mntrol and public safety. (e) Employ duly qualied security officers to pmvide protection for the Neighbamood or any (9

part meof.

Obtain and maintain properly Insurance on the Common Facilities against Ims or damage (g) by fire, hazard or other casualty; mmprehenslve Uablllty insurance with resped to the Common Fadlitles caverlng all claims for personal injury andlw p r o m damage; andlor adequate fidelity coverage to protect aminst dishonest a& by officers, diredo6 and emdowes of the Association and all others wtm h a M e or are r&pomlble for handling funds of the ~ssocjation.'a~ in such forms and amounts and with such insurance mmmnies as the Assodation mev deem ao~moriate.namins as insureds lhe Association. me Develooer and its agents and employees (so lGgas &eloper oms anj land un'lhin the Neighbcrhwd or w n t k l s the AssadaUm), each director of me Assodation, any management m p a n y under any management d a d wiVI respecl to the Common Fadlltles and its aaents and employees. and anv oUler oersons or entitles desianated . . by the W a t l o n in its discretion. €lonow money in such amounts, at such rates of interest upon such terms and secmily (h) and for such periods of time as the Assodation may deem necessary or appmprlate. in b sole disustion. Establish reserve acmunts for r8pair and maintenance of Assodabon property, periodically (i) review' the adequacy Mereof. and maintain such reserve funds In intefest-baarimj accounts until expended for Me benefit of the AssodaUon. Adopt and enforce reasonable rules, regulatlom and restrictions W i d shall g o v m the use (j) of the Common Faciilties and Lots; presarve or enhanca Me quality or appearance of the Neighborhood, or the safety, convenience, benefll and enbymwt of h e users thereof: or othelvrise to pmmote the inkrests of Owners,tenants and owpants of land vithin the Neighborhood; and revcke, amend or supplement such rules, reguktions and restridions at any tlme and from line lo time.

41:31:31 Rtl

Ra~ilteror Deeds TZ0DSW76510 Johnsen Co ROD B : m 5 1 2 P:068659

Obtain an injunclion to prevent the breach of, or to enforce the observance of, andlor sue (k) for damages as a result ol Ihe violation of, either in its own name w in the name of any Owner. any and all terms, provisions. covenants, Conditions, restrictions, licenses and easements imposed upon the land in the Neighborhood by this Dedaration, provided h a t failure to do so at the time of violation shall in no event be deemed lo be a waiver of the right to do so thereafler. To the extent permitted by law. the party against whom such enforcement or damages are swght shall pay all wsk and expenses (induding reasonable attorneys' fees) of the Association with respect to any such aclion or proceeding, and the Lot o w e d by such Owner may be subject to a lien for payment. Any such costs and expenses not paid by such patty shali be paid out of the general fund of the Association herein provided for. NoMing hereb, shaU be deemed to prevent any Owner having the right to do so from enforcing, in such M e t ' s own name, any d the terms, provisions, covenanls. conditions. restrictions and easements established by this Dedaration, nor shali any Owner have any liability for the failure to do so. If any vacanl or unimproved Lot is not maintained by the Owner therwf, mow. care for. (I) maintain and remove l w s e material. trash and rubbish from such Lot and do anfling else the Association deems necessary or desirable to keep such Lot neat in appearance and in good order. Exerciseany other powers elsewhere provided to the Assodation in this Dedaratlon. (m)

2.

DUTIES. The Association shall have the duty to do w cevse to ba done the following:

Levy and colied the assessments and charges provided for in h i s Declaration. (a) Care for, trim. protect, remove and replant trees, shrubbery. flowers, and groundcovers and (b) grass Wch are part of the Common Fadlities, and install and mainlain sprinkler systems on podions of the Common Facilities where inigation is deemed necessary by the Association. Provide for h e collection and dispose of trash and garbage. (c) Exclusively manage, wnlrol, maintain, repair and replace all Common Fadlities for the (d) benefit of the Ovmers, induding exercise of mnbul over such easements, leases, licenses, usage rights and other rights and property as the Assodation may acquire from time Lo time. Pay all taxes and assessments levied or assessed against the Common Facikties and any (e) other property owned or leased by the Association. Keep true and correct records of acmunt in accordancewith generally accepted acoounting (fJ prinaples. and have available for inspection by any h e r . al reaSO~bletimes during regular business hours. bwks which spedfy In reasonable detail all expecpemes incurred and funds accumulated from assessments or othervise. Upon reasonable request and during reasonable business horn, make available for (9) inspection by any O w e r or Association member of the bwks, recwds and tlnandal statements of the Association, logether with current copies, as amended horn time to lime, of this Dedaration, the Artides of Incorporation and Bylaws of me ksociation and the Deslgn Standards (hereinafterdefined). Perform any other duties required of Re Association as provided e l m r e in this (h) Dedaration.

2.6 MANAGING AGEHT; CONTRACTS AND SERVICES. Any powers, rights and duties of the Cissociation may be delegated lo a managing agent under a management contract; pmvided that no such delegation shall relleve the Association from Its obilgations to perfom any such delegated duty. Any contract entered into by h e Association for professionalmanagement or other s e ~ i c a sshaA not exceed a term of three years, h i c h term may be renewed by agreement of !he parties for s u w s i v e Meyear PWods, and any such mntract shall permit termination by either party upon mirty (30) days' mute wiVl or without cause and nithout payment af any terrnlnallan fee. Subject to b e bregdng Iimilallons. the Association is specifically auihorized lo enter into a management conbad with a managemenlcompany owned in whole or in part by Developer or any afflllate of Developer. The Assodabn shall also have the right, in its discretion, to entw into such contra& and lransadions with others, i n d d m g Developer and ib affiliates, as the Assodalion may deem necessary or desirable for the purposes herein set forth, and shall have the right Lo engage and dismiss such agenb and employees as will enable the AssodaMn to adequately and pmperly cany out the provisions Of this Dedaration and Uw Assodation's Artides of Incorporation and Bylaws. No such contract or transadion shall be invalidated or In any way affected by the fact thal one or more directors of the Association may be employed by or oth&se associated with Developer w its affiilatas, pmvidedthe fact of such interest Is disdosed w known to the other directors acling upon such Contract or bansadion. and prwided further mat the conhact or transaction is on wmmercialiy reasonable terms. Any such interested director may be counted in deteninlng the Bxistence of a quorum at the meeting of R e &&ation's Board of Directors at which such contract w hns&'on is authorized, and such Interested diredor may w t e thereon with the same force and effect as if he were not interested. 2.7 ACCEPTANCE OF EASEMENTS. ETC. The Assodation shall accept all easemenh, leases, licenses and other usage rights and title to all property and improvements thal may be granted, conveyed or assigned to the Asbodation by or at me direction of Devebper in Developer's sde discretion. 2.8 CONTROL OF ASSOCIATION BY DEVELOPER. Notvhlhstandlnganyihing in this DedaraUon to the contrary, Developer shaU have and malnlain absoluto and exclusive wntml of the Assodation and the Design Review Committee until the date (he 'Turnover Date') whia is the earlier of (a) the lint day of the next fiscal year of the Assodatien following that date on which Developer no longer cwns any Lot In the Neighbomod., or (b) the effective date desigmted by Developer in a notice to the members of the &sodation stating that Developer relinquishes wntrol. Untll the Turnover Dale. (a) Developer will be entitied to cast antrolling votes wlth respect to the election and removal of ail officer8 and directors of the Association and members of the

111Illlllllllllllllllllllllllllllllllllllllll

20051223-Q008559

P:

4 o f 19 Rasintsr o f Deeds

Johnson Co ROD

12123120(15 11:31:31 RR

T213050(17051Q 0:20B512 P:008559

Design Review Committee and kith respect to any other matter requiring the vote or approval of members of the Association or the Design Review Committee as set forth herein or In the Association's Astides of Incorporationor Bylaw. (b) Developer shall perfon the duties, assume the obligations. levy and collect Assessments, and othewise exercise the powers hereln given to the Assodation. in me same way and manner as though ail of such powers and d u h were hereby given directly lo the Devetopar, and (c) the Developer may, by appropriate agreement made expressly for mat purpose, assign or convey to the Association any or all of the rights, reservations and privileges herein provided. and upon such assignment or conveyance being made, the Association shall exercise and assume such nghb. The Assouation contemplated by the terms of this Declaration shall not assume any of lhe rights hereln provided for Gthoul the consent of Developer and its winen relinquishment of such rights. Until the Turnover Date, Developer may, al its discretion, make cash advances to the Assxiation to meet its net operating cash requirements. The Developer may also. at its discrew. require that such advances be considered borrowings of the Assoclation and further require the Assoclation to evidence such borrowings by executing promissory notes, bearing interest at a rate satisfactwy to Developw.

ARTICLE 3 ASSESSMENTS 3.1 CREATION OF LIEN AND PERSONAL OBLIGATION. Each Owner of an Assessable Lot, by acceptance of the deed or oUler conveyance thereof or lnlerest therein, is deemed to covenant and agree to pay all Assessments provided for in Mis Declaration. Each Assessment, together with interest lhereon as hereinafter provided, filing fees, attameys' fees, court costs and other wsts of wllection lhereof (such interest and all of such fees and wsts being herein sometimes collectively called 'Costs") shall be a continuing lien upon the Assessable Lot against vhlch such Assessment is made, which lien shall be enforceable as provided in Artide 3.9. Each Assessment, together with Casts r e l a l q thereto, shall also be the pe-sonal obligation of the 0 m e r of the Assessable Lot against whim the Assessment is made. Such personal obligation shall not pass to an Omner's successor unless expressly assumed by the successor. If an Owner consists of more than one p m o n andlor entity, the obligations of lhe M e r for the payment of such Assessments and Costs shall be jolnt and several.

PURPOSE OF ASSESSMENTS. The Assessments levied by the Assodation shall be used to provide funds to 3.2 enable the Association to exercise the powers and perform the duties herein set forth, including (by way of example only and not by way of limitation) (a) the costs of comtructlon, installation, maintenance, management. operation, repair and replament of (he Common Facilities (b) the wsts of management and adminlsltation of the Association, such as compensation paid by the Assodation to managers, accountants, attorneys, other professionals and employees; (c) the wsts of ulilities (including water. electricity, gas, sewer and trash removal servioes provlded dkectly to the Association and not mdividuaiiy metered or billed by the service providers diredly to the Lots)and oUler services provided by the Assodation which generally beneflt and enhance the value and desirability of the Neighborhood: (d) the costs of any insurance maintained by the Association: (e) reasonable reserves for major items, mtingencies. replacements and other proper purposes as deemed appropriate by the Association: (f) Me costs of bonding any persons handling funds of the Assodation: (g) taxes, assBsments and oMer governmental impositions paid by the Assoaalmn; and (h) the wsts of any other items or senices to be provided or performed by Ihe Assodation as set forth in this Declarationor in the Assodation's Artides of Incorporationor Bylaws, or in furtherance of the purposes of the Assodation.

3.3 METHOD OF ALLOCATION. The total amount of each annual Assessment and each special Assessment levled by the Assodabbn shall be divided equally among all of the Assessable Lots included within the Neighbohod at b e time such As~eSSfnentis levied. Each Assessable Lot shall be subject to assessment in accordance with the melhod provided above. regardless of Mether any hvo or more Assessable Lots have been combined into a single Lot as permitted by 1.10 hereof (except that the Assessments for such single Lot shall indude only m e charge for trash removal). 3.4

ANNUAL ASSESSMENTS.

1. Each Assessable Lot shall be subjed to an annual Assessment which may be levied by the Assoclarion from year to year and shall be pald to the Association a m a l l y In advance by the Owner of such Assessable Lot. If the amount mllected from annual Assessments for any year exceeds the ~s~bciation's wsts and expanses for such year, such excess shall be taken into consideraUon in prewring the budget and determining the annual Assessment to be levied for the followina year. If the amount collected frwn annual'&ess~en$ for any year is inadmiate to meet the Association's achral or prolected co& and expenses for s ~ c hyear, spedal Assessments may be h e d at any oneor more times during such year as pmvidedln Anlcle 3 5. A portion of me annual Assessments for each year may be allocated to resmes to pmvide required funds for repair or replacement of major items and for other contingenciesand.pmper p q o s e s . The responsibility of the Ass&iatlon shall be only to provide for such reserves as the Assodalion in gocd faith deems reasonable, and neither the Developer nor the Association shall have any liability to any h e r or member of the Association if such r e s e w are inadequate. 2. Until further action by the Board. the lnitlal annual k e s m e n t for each &€$sable Lot for the year 2006 shall be Two Hundred Twenty-Five Dollars ($225.M)). provided. however that if and when the Pool Area is substantially CMpleled and available fw use (as determined by the Developer), the annual Assessrnenl for each Lot shall automaticallylnueass by Trvo Hundred Twenty-Flve Dollars ($225.00). Nohvithslanding anything herein to the conbry, the annual Assessment upon each Lot shall not be increased by action of the Developer or the Board by an amount exceeding twenty peccent (20%) of the preceding year's annual Assessment, unless such increase is auVlorized by RRy percenl (50%) of the votes of M e r s In the Neighborhood, exdusive of the Developer. 3. The first annual Assessmen1 with respect to each AssessaMe Lot shall be due as of the earller of (a) the date fee simple title to such Assessable Lot IS bansfened ham a Builder to a subsequent purchaser, or (b) the date HiMch is fourteen (14) m o A s after the recording of the deed whereby Developer conveys liUe to the Assessable Lot to a Builder or to another Owner (provided that if on said date the Builder still holds title to such Assessable Lot. the Assessments against such

Reei star o f Deeds Johnslxl Co ROD

~20050070510 8:280512 P:008559

Assessable Lot shail not include any charge for trash removal senrice unless such service is requested). Such first annual Assessment shall be prorated on a per d i m basis in acwrdance with the number of days remaining In such year from and after me date the Assement is due. The annual Assessment with respoct to each Assessable Lot for each subsequent year shall be due as of January first of such year, provided, however. that the prorated share of annual Assessment for each Assessable Lot shall be due and payable only upon the inifial occupancy of the Lot as a residence. If the effective date of any increase in the rate of assessmenl is other than January first, a proper ponlon (as determined by me diredors 01 the Association) ol the amount of such increase for the remainder of such year shall be due and payable on such effective date. No Assessable Lot shall be entiried lo recelve any servkes to bo provided by and through the Association until such time as a completed resldenco on the Lot is ormpied and the prorated share of Me total annual Assessment has bsen paid with rffpect thereto. Failure of the Association to levy an annual Assessment prior to January first of any year shall not 4. inMIldate any such Assessment sobsequenly levied for that partiurlar year. nor shall failure of the Association to l e y an annual Assessmen1 for any one year in any way affect the right of the AssOdation to do so for any subsequent year. SPECIAL ASSESSMENTS. The Assotiation may at any time or times during any year, if necessary in i h 3.5 disueuon lo enable the Assw'ation to carry out the purposes herein set forlh, levy against any, or eact, and every Assessable Lol a spca'al Assessment over and above the annual Assessment for such year authorized by Article 3.4. Spedal Assessments may be levied by the Association only if fifty pment (50%) of the votes cast by O w e 6 shall b~in favor of such Spedal Assessments. NOTICE. The Assodation shall give at least thirty (30) days' advance notice to each Owner of an Assessable 3.6 Lot vhose address is Men listed with the Association of the amounl of any Assessment for such Assffsable Lot and tha date on which such k e s s m e n t is due. 3.7 NO WAIVER OF OFFSET. No Owner of an Assessable Lot shag be exempt frrnn payment of the Assessments and costs imposed under this Dedafation by waiver of the use or enjoyment of the Common Faalities or Rightdf-Way Amenities or by nonuse thereof or by abandonment of such Owner's Assessable Lot. Ni A s s m e n t s shall be payable in the amounts specified in the notices thereof given by the Amciation, and there shaH bo no offsets against such amounts for any reason. 3.8

DEUNQWNCY; ENFORCEMENT OF LIENS.

I. if any Owner of an Assessable Lot fails lo pay any Assessment on or before the 30th day fonowing the date on which such Assessment is due, then such Assessment shall bear interest from the due date unlil paid at the highesl rare allowable under Kansas law. Each Assessment shali bemme delinquenl on the 30th day after the date on which such Assessmenl 2. is due, and payment of the Assessment and Costs (including Interesl) may lhen be enforced as a lien on such Assessable Lot In pmceedings in any Court in Johnson County. Kansas havingjwisdiction of suits for the enforcement of such liens. The Assodation may, whenever any Assessment is delinquent. file a cerUficate of nonpayment of Assessments with the Register of Deeds, and for each certificate so filed. the Association shall be entitJed to Collect fmm Me M r of the Lol desuibed therein a fee of $100.00 plus the a x l s of recording such certificate. Wlch fee shall be part of the Cosk induded in the lien. 3. Such liens shall continue for the maximum amount allowed by law, and no longer, unless, within such time, suit shall have been instituted for the Collection of the Assessment. In Wlch case Me lien shall continue until the termlnation of the suit or unUl the sale of the Lot under execution of the judgment therein. 4. €am Owner, to the exlent permitted by law, hereby waives, to the extent ol any liens created pursuant to this Dedaration. b e benefil of any redemp&n, homestead or exemption laws of the State of Kansas now or hereafter in effect. 5. Any lien which arises against w y Assessable Lot by reason of the faaure or refusal of an Owner lo make timely payment of any Assessment shall be subordinate to the lien of a prior remrded first rnwtgage on such AssessaMe Lot acquired in good faith and for value securing Ihe payment of a b a n made by a bank, savings and loan assotiallon or other instltutlonallender ('Flnt Morlg~ge'),exmpt tor any unpaid Assessments and Costs whlch a w e fmm and afler the dale on &id, the holder of such Firsl Mortgage rFlrst Morl@ageem) (a) mmes inlo possessbn of lhe Assassable Lot or (b)acquires title to the Assessable Lot, whl~8Vetocwrs first. If any lien for any unpaid Assessments and Costs which aruued prim to f i e date a First M g a g e e mmes into possession of or acquires tlUe to tho ksessable Lot nas not been emquisned By (he pmcess whereby the First Mortgagee came ~ntopossession or acpulred title. Ihe First MortgaQeeshall not be I e b k for sbch unpafo Assessments or prior to such date and, opon request by the First Mwtgzgee to lhe Asscdation. the Association shall Costs arising or a-ng release such lien d record: provided, however. that (a) any unpaid Assassments m d Costs Wich are so extinguished shali continue to be the personal obvigation of the dollnquent Owner, and the Assouatlon may seek to collect them from s u h Owner even after such Owner is no longer the M e r of the Lot or a member of (he Association; and (b) if the Owner against whom the o i i g i d Assessment was made is 6-a purchaser of or redeems lhe Assessable Lot. the lien shall mntinue in effect and may be enforced for fheAssessments and Costs which were due prior to the final condusion of any such foreclosure or equhralent proceeding. Any surh unpaid Assessments and Costs which are not cnHected wlthin a reasonableh e may be reallocatsd by the Association among all other M e r s of Asessable Lots, ifrespeclive d vhether collection promdngs have been mmmencad w are then p e n d i i agalnst the defaulting OHmer. 3.9 CERTlFtCATE OF NONPAYMENT. Upon request. any party acquiring title to or any interest in an Assessable Lot shall be enUUed to a certificate from the Association settlng forlh the amount due for unpaid Assessments and Costs pertaining lo such Assessable Lots, if any. and such party shall not be liable for, nor s M any lien anach to the Assessable Lot in excess of. the amount set fwth in Ihe certilifate, except for Assessments and Costs which arise or a m e alter the date of Ihe certificate. 3.10 PLEDGE OF ASSESSMENT RIGHTS AS SECURITY. The Assxiation may pledge the right to exercise its assessment powers as security for any obligation of tho Assoa'at'an: provided, howver, Mat afler the Turnover Date any such pledge shali require Ihe prior affirmative wte of a mabrity of all members of the Aswaation.

r Q 01 1s i l 31.31-6i Reolster of Deeds T200500705i0 Johnsun Co ROD 0 200612 P 008559

ARTICLE 4 EASEMENTS AND I ICENSES 4.1

RESERVATION B Y DEVELOPER; GRANT TO ASSOCIATION

Developer hereby reserves to itsstf and its su-ors and assigns, and 1. grants to the Association, the right, privilege and easement to enter upon the Cwnmon Facilities and Lots to the extent necessary lor the purposes of (a) constructing, maintaining, relocating, repairing and replacing lmprovemenls on the Common Fadlilies which Ule Devdoper or the Association reasonably believes 4 1 1 enhance lhe bwuty and funcllon of the Common Facilities or the Neighbortmod: (b) planting, replanting. maintainingand replacinggrass and landscaping on me Common Facilities; and (c) doing all other things which the Developer or the Association shall be obligaled lo do as set forth in mil Declaration or shali deem desiaMe for the neat and atlmctive appearanceand beautification of the Common Facilities and Right-of-wayAmenities. 2. Tha foregoing rights, privileges and easements of Developer shall automatically terminate as of the Tumovec Date; provided, however. that Developer may at any l i e and from time to time relinquish any or all of the foregoing rights, privReges or easements by recording an inshiment to such effect with the Register of Deeds. The foregoing rights. privileges and easements of the Association shall be perpetual and Shall survive termination of this Declaration. The rights granted lo the Assodation herein shall not be affected or impaired by the Association's failure to be formed as of the dale of the Aling of thls Dedaration, bul said rights shall pass upon the date of such formation. 4.2

USE OF COMMON FACILITIES; GRANT TO OWNERS.

Developer heceby grants lo each Omer the mwr-exclusive, perpetual right, privilege and easement lo 1. use and enjoy the Common Facilities for the respective purposes for which the Common Faarities are comtruded. designed and Intended, subject to all of the provisims of this ~edaration,ihe provisions of the W - a l i o n ' s Artides of Incorporation and Bylaws. within the Neiahborhood h i c h the Assotiation mav adoDtfr0m time to anv reasonable ndes and rmulaliim of aenaral a~~lication timi, and the rights of any govemme&l authdhty or ubility therein or-thereto, which right, privilege and'easimenl shall be appwtmant to and sna I auloiabcally passht% i Ihe ille ro each Lot ano shall suMve the 191% nation of this Decaration. 2. Developer Cavenants and aarees to convev bv special wananh, deed ail of its nahis. M e and Interest in the Common Facilities (except any pad thereof that is Glhin any Lot & outside of the ~el'ghbahood)to Association, without any cost lo the Assodation and free and clear of any mortgages or similar liens at such timefs) as Developer, in its absolute discretion, may determine, bvt in all events not later than thirty days after the Turnover Oate. 3. Any ownership by the Assodation of any Common Facilily and the right and easemenlof enjoymeni of the Owners as lo any Common Facility shall be subject to Ute right of the Developor to convey sewage, water, drainage, pipeline. maintenance, electric, telephone. tetevision and other utility easements over, under. upon and through such Common Facility, as provided in Article 2.4.1, Sedion (a) above.

6

4.3 LICENSE TO ENTER During the t m of this Dedaration and thereafter as long as any of the easements created by this Dadarabn survive, the Developer. the Association and their respective members, partners, officers, employees, agents and contractors shall have a temporary license to enter upon and use such portions of any Lot as may be reasonably necessary lo permit the Developer w the Assodallon to exerdse or perform all or any of the rights, powers and obligations reserved. given lo or imposed upon the Developer or the Assodation by the provisions of this Declaration; provided. however, that the Developer's rights under this Artide 4.3 shall automatically terminate as of the Tumover Oate. 4.4 PERFORMANCE OF WORK; INDEMNIFICATION. The Developer and the Association, in entering upon any Lot in the exercise of the rights, privileges and easements granted to them by Ws Aftide 4, shall (a) perform all work with due dlllgence; (b) W e all safety measures reasonably requlred to protect persons and property: (c) peltorm the worlc so as to avoid, to the extent practical, interference with the use or qulet enjoyment of the Lot; (d) after me work is completed. restore the Lot lo the condition emsting prior lo the w r k (to the extent consistent with the pemnnance of such work); and (e) indemnify and hold hanniess the Owner of the Lot fmm and against all daims for bodily Injury or property damage M i may be asserted against such Owner by reeson of the exercise of rlghts by the Deveioper or the Association under this Article 4.

ARTICLE 5 QWIERS' INSURANCE: DAMAGE TO IMPROVEMENTS 5.1 OWNERS' INSURANCE. Each Owner shalt obtain and malntaln property insurance insuring an improvements on such h r ' s Lot against loss by fire and such other perils as are covered by a standard fire insurance policy w.th a so-called 'extended coverage" endorsement and such parsonat liability and other insurance as such Ovmer desires, the premlums for which shall be paid by such Owner.

5.2 DAMAGE TO IMPROVEMENTS. if improvements on a Lot are damaged or deslroyed by casualty or other cawe, such Improvements shall be repaired and redored Mth due diligence and any insurance proceeds shall be applied to restoration or repair; provided, however, that the Owner may elect not to restore or repair It (a) the Improvements are subjed to a First Mortgage and the First Mortgage requires, because restoration or repair is not ecxmornicaflyteasible or because the security of the First Mortgage is threatened, hat insurance procaeds be applied to sums secured by the First Mortgage; or (b) the Association mnsents lo Gvmds e l d o n not to restore or repair. Should an Owner elect not to retore w repair as permitted by the preceding sentence, the Omer shaN at its sole expense demoibh the damaged improvements (indudlng foundations), Clear away all debris and take all other action (including M g to grade, sodding and landscaping) required so that the area h e r l y occupied by the demolished improwmenls shall be neat and anractive in appearance and compatible with a high quality residential development.

*:

I

01 1~

ir:oi:ai-&

Resistsr o f Deeds TZB15~!,q70510 Johnson Co ROD 0:20(1512 P:m855g

ARTICLE 6 ADDITIONAL COVERAGE MAINTENANCE BY OWNERS. Except as otherwise expressly pmvided In this Declaration, each Omer, at 6.1 onn such M e r ' s expense shall provide and be responsible for all maintenance, repairs, replacements and appmved C ~ n S l ~ d i o such M e r ' s Lot. 6.2 TAXES AND OTHER ENCUMBRANCES. Each Owner shall promplly pay, before delinquency, all taxes. assessments. liens. encumbrances w charges of every kin?! levied against or Imposed upon such Owner or such Ownefs Lo1 which may, as a matter of law, be or become a lien on any part of the Common Fadtities which lien is ~ . lowthe easements granted and resewed in this Dedaration. In the event ol a breach of this covenant. the &socialion shall have. In addition to all other rights or remedies. the right (but not the digation) tn obtain the discharge of any such lien by payment w o t h M s e , and cdlect fmm such therewith, includingreasonable anomeys' fees. Owner all costs and ekpmses lnarrred by the Association in wnn-

ARTICLE 7 DESIGN CQNTROL

7.1 DESIGN REVIEW COMMlllEE. The Association shall have a Design Review Cornminee consisting of three persons appointed (and removed) from time to time (a) by Developer in its sole discretion (wih MIrequirement of Lot ownership or other aiteria) until Me Turnover Date (as defined in Artjde 2.8), and (b) by the Board after the Tumover Date. MEETINGS. The Deslgn Review Committee shall meet as necessary to consider applications with respect to 7.2 any matters that require the appmval of the Design Review Comminee and any other matters Wthin Me authority of the Design Review Committee as provided in this Declaration. A majarity of the members of the Design Review Comminee shall constitute a quorum for the transaction of boslness at a meeting and every act or decision made by a majority of the members present at a meeting at which a quawm is present shall be regamed as the act or decision of the Design Review Cornminee. 7.3

APPROVAL Of IMPROVEMENTS, ALTERATIONS AN0 REPLACEMENTS.

1. No bullding or otherslructure; fence or wall: driveway, walkway, patio or deck: extwior lighting, sign, apparatus or fixture: swimming p o l or other recreational fadlity or equipment; landscaping or alteration of grade or drainage; w danges, alterations or additions to tha enerior portions ot any of Me foregoing (induding color changes). either temporary or permanent (ccllectivdy referred to as 'Improvements"), shall be cnnsbuded, erected, inshifed, placed. undertaken or maintained In or upon any part of the NeQhborhwd except in m p l i a n c e with plans and spedfication thereof which have been submitted to and prior approved in writjng by Me Design Review Comminee. 2. Replacements of any exterior potions of any Improvements because of age, deterioratlon, casualty loss or other reason, shall be of the same design, material and color as the original Improvement unless plans and specifications thereof have been submined to and priwappmved in writing by the Design Reviaw Committee. Until the Turnover Date, any and all Improvements or replacements erected, installed, placed. 3. undertaken or maintained by Me Develqmr shall be deemed approved by tho Design Review Committee.

7.4 DESIGN STANDARDS. In order to achieve uniformity and coordination within the Neighborhood a d cany out the purpcses of the Design Review Committee, deslgn standards ('Design Standards') shall be astablished by the Design Review Commitlee. The W g n Standards may. fmm time lo time, be amended, supplemented or repealed by the Design Review Committee upon unanimous vote. Initially, all lmpmvements withi lhe Neighbomood shall conform to the Design Standards set forih in Exhibit A atladed herela and incorporated herein by reference. 7.5 DESK;N CONSDERA'FIONS. In connection with the appmval or disappro~lof plans and specifications, the Design Review Committee shaH consider appearance; quality of design and wwkmanship; harmony of design, materials and mlors in relation to surmunding strucblras and landscape and the Neighbmood as a whole: and locatbn and finished grade elevations wlm respect to surmund~ngtopography. me DesfgnRev~ewCoimmee may reject plans and speaficattons, vnmoutc~tm~ s~euflcs. tar the followna reasons, amorw others. (a) tnsfloent tnformallon to adeauatelv evaluate the deslan or ~ t sIntent. (b) Door overall design quality:jc) inanpatible-design elinients: (d) inappropriate design concept or design beabn&t or (e) a d e i b ' o r intended use fwnd to have an adverse effect on the character of the Nelghbohod or its residents. In recogniUon of the fact that the overall Impad of lmpmvements invalves issues of taste and judgment which cannot be wmpletely reduced to Dosign Standards. the Deslgn Review Commlnee shall also have Ihe right. in its sole disaetion, to reject plans and specifications conforming to the Deslgn Slandards If the Design Review Committee believes Mat the overall m t h e t i c bnpad of any pmposed Impwement. addition. alteration or change is detrimental to the N e i g h b o w

7.0

REVIEW PROCESS. All submissions to the Design Review Comminee are lo be made wlthin the tone periods

lo be estabiished hom time to time by the Design Revlew Commlttm. The inlt'al review Of each such submission by the Deslgn Review Committee will be canied w t Wthln lhirty (30) wwking days fmm the date of each submlsslon, and natiftwtkn d

mmrnendatims, approval or disapproval will be pmvided in witing to me Owner within that time. Submission la the Ci for building permils or site plan approval should not be made until final plans have been approved by the &sign Rev~ewCommittee.

7.7 APPEAL TO M E BOARD. After the Turnover Date, any applicant or other persan \Nho is dissatisfied with a decision of the Design Review Committee shall have the right to appeal s W dedsion to the Board pmvidsd such appeal is filed in writing kith a member of the Board v.4ihln seven days aRer the date the Design Review Committee rmdeis its written decision. In making its decisions, the Board may Consider any and all asp& and factms that the Individual members of the Board, in thelr

absolute discretion, determine to be appropriate to establish and malntain !he quality, character and aesthetics of the Neighbornoad. including, without limitation, the building plans, speciblimns, exterior cdor scheme, exterior materials, location, elevation, lot grading plans, landscaping plans and use of any proposed exterior structure. Any decision rendered by the Board on appeal of a decislm of the Design Review CMnmittee shall be final and conclusively binding on all parlies and shall be deemed to be the decision of the Design Review Committee for all purposes under this Declaration. The Board from time to lime may adopt, amend and revoke rules and regulations respeding appeals of decisions of the Deslgn Review Commlnee, including, without limitation. requiring payment of a reasonable fee by the appealing party.

7.8

PLANS AND SPECIFICATIONS. Building plans and specificationsshall indude the foliow4ng:

A site plan which shows the h U o n of the Residence on the Lot: the location of driveways. 1. walkways, patios, dedrs, walls, fences, and other sbudwes: (he top of foundation elevations: the edsling grades and the proposed final grading of the Lot and the size and localion of d large bees vAlh trunks vhlch are six inches or larger m diameter (measured six inches above ground level) located within 25 feet of the Residence or on other parts of the Lot M c h will be disturbed by mstrudion. The surwey shali dearly indicate which large trees v.il be saved and uAlich shall be removed. 2. A m p l e t e set of final conshuction plans whlch indude floor plans; ederior elovations for all sides showing RHlsh grades; roof plans: and malerial selections, Floor pians and front elevations shall be drawn al a scale of X" = 1'. Side and rear eievatlons and roof plan shali b e d m at !4'= 1' or 1/S= 1'. A final color plan vAlh mlor chips for all exterior surfaces indudlng roofs, wails, shutter$, trim and 3. flatwork (if othw than wtinted concrete). 4. A final landscape plan. Two sets of all plans and speafiations shall be submitted to (he Design Review Committee fw review. Once approved. m e set shdl be s~gnedand returned and one set shall be kept by Ulo Design Review Committee for record.

7.9 INTERPRETATION; WAIVER. The Design Review Committee's intwesls in reviehng site and building designs is to asswe that a high quality of mpatible development is consistently achieved. In ordw to meet special situations that may not be foraeen, it may be desirable from time lo time for the Design Review Committee to altow variances of certaln requlrements. Any variance granted Is ansidered not to be piecedent m ' n g became the deelsion is being made in the context of the s p e d k proled in quesbon with the welfare of the appropriate area and overall Nelghbomood in mind. All approvals and consents of the Design Review Committee shall be in writing, and oral approvals or wnsents shall be of m, force or effect. 7.10

DESIGN REVIEW COMMITEE AUTHORITY AND LIMITS OF LIABILITY.

1. The Design Revlsw Committee may delegate the plan review responsibilities to one or more of Its members or to architsdual consultants it retains. Upon soch delegation. the approval or dsapproval of plans and specificebns by such member M mnsdtants shall be equivalent to approval or disapproval by the eolire Deslgn Review Committee. 2. The Design Review Committee shall have the right, at its discretion, to collect fees fmm applicanl to reimburse the Association for direct expenses hcuned in reviewing such pians and speciKcatiMls. Such expenses may include the coSt of sewlces rendered by professional architects, landscape architects or engineers, and associated costs of postage, photocopies. etc. 3. By its approval of plans and spedfications. the Deslgn Review Committee shall not be deemed to have approved the same for engineering design or for compliance with zoning and building ordinances, and by approving such @anSand spedkathns neithw the Developer nor any member thereof. the D d g n Review Committee nor any member thereof, nor h e Aswdation m r any member. officer or direclor thereof, assumes any llabillty w responsibility therefore, or for any defect in any structure constructed from such plans and specifications. None of said persons or entities shall be liable to any Owner or othw parsan or entity for any damage, loss, cost or prejudice d e r e d or daimed on account of (a) the appmval or disapproval of any plans, drawings and spedflcations. whother or not defective. (b) the construction or performanca of any work. whether or not pUrsUanl to approved plans, drawkr~sand specifications. or (c) the development or manner of development of any property within the Neighbohood. Approval of plans and specifications by the Design Review Committee is not, and shall not be deemed to be a fapr8sentaU0n or warranty that said plans w specjRcatiom mmply with applicable governmental ordinance or regulalions, Including zonlng ordinances and building &. 4. Any member or authorized mnsultant of the Design Review Committee, Developer or its representatives, or any authorized officer, director, employee or agent of the Association may at any reasonable time, aRw reasomble notice to the Owner, enter upon any Lot v.ithout being deemed guilty of trespass in order to inspect lmpmvements wrtstructed of bdng wnsbudad on such Lot to ascarlain that such Improvments have been or are being built in Compliance with the plans and spedflcations appmved by the Design Review Committee, the Design SUndards and this Dedarath. The Design R&ew Committee shall cause such an impectim to be undertaken within a reasonable time (not to exceed 60 days) aRer a wW3St therefme hom any h e r as to his Lot. which request shall contain an affirmaUve statement by such OIvner ol his ~ o faith d belief that he is In compliance h! % i me approved plans and specificahs, !he Design Standards and the provisions hermf. If such inspection reveals that the Improvements located on such Lot have been mmpleted in compliance with (he requirements of ths Design Review Committee. Me Deslgn Standards and the provisions hereof, me Design Review Committee shall provide to such Owner a notice of such approval in recordable form which, when recaded J t h the Register of Deeds, shall be conclusive widonce of compliance N t h the requirements of me Design Review Committee, the Design Standards and the pmvislons hereof as to Ule Improvements desaibed in such recorded notice. 5. The Assodation may promulgate such rules and regulationsas it deems to be appmprlate and as are not In conflict with this Dedaration in order to enforce compliance with the Design Standards. WITHOUT UMlTlNG THE GENERALlrY OF THE PRECEDING SENTENCE, THE ASSOCIATION MAY FIX A FINE OF UP TO $10.000 FOR FAILURE TO OBTAIN ANY REQUIRED APPROVAL FROM THE DESIGN REVIEW COMMllTEE OR TO COMPLY WlTH ANY SUCH APPROVAL.

..

- -. .

<

Reprster o f Deeds

Johns~nCD ROD

II:01:II FIR

T20860070610 B : 2 0 ~ 1 2 P:OD8559

7.11 PUBUC APPROVALS. AH perlinent requirements of public agencies shall be compjied wilh in the development of each Lot, and dl plans must be approved by the appropriate departments of the City. Without limiting the foregoing. the design of any fence cmssing a dralnage area must be reviewed and appmved by the Dlrector of Public Works of the City to asswe that lhe fence does not restrid water flow. Each Owner mwt verify code requirements at the time of purchase and development. Although based in part on local zoning and Neighborhood regulations. Ihe Design Standards may be more restrictive as to land use restrictions, site development standard$, landscapo requirementsor oher matters. In every case in which h e Design Standards or approvals given by h e Design Review Committee are at variance with public agency requirements. the more restrictive standards, approvals, or regulations shall govern. Final legal approvals penlning development and occupancy of each Lot and Residence will be made by the City. ARTICLE 8

ySE AND OCCUPANCY RESTRlCTlONB 8.1.

Lots and Ownen shail be subject to the following use and occupancy restrictions:

1. Resldentlal Use. Each Lot may be improved, used or occupied only for one single-family private Residence and for no other use or purpose. No trailer, garage, oulbuilding or any slructure of a tempwary character shall al any time be used for human habitation. temporarily or permanently. Except as othervise provided herein, no building or structure of any sort shali be placed, erected or used for business, professional, trade or commercial purposes on any Lo(: provlded, however, that this reslridon shall not prevent an Owner from maintaining an ofice area in his Residenos in accordance with applicable ordinances of the Cify. Maintainingsud, a home olfice shall not result in the violation of these restrictions or permit advertising sald office location (on or off site) or visitation by customers or clients at the Residence. Use of any Lot for commercial day care (child or adult) purposes is specifically prohibited. Nothing herein shall restricl the Developer or others authorized by the Developer from erecting and using temporary buildings or any Residence for omce, model, sales or storage purposes during lhe period of mnstruction of Improvements and sale of Lots *in the Neighborhood. basing. No residence or Lot or any portion thereof may be leased for a period of less than six 2. months. All leases shail be in writing and shail provide that the lease be subject to the terms of lhese Restrictions and h e rules and regutatons of the Associal!on, and
or 19 ~i:ai.~i-& Resrsler Or Deeds TMQ50070510 Johnson Co ROD 8:20L1512 P : 0 m 6 9 r: iu

Review Committee. For neMy conslruded homes offered for sale, only one realty sign (which may include a rider identitying the builder), and not also a separate sign for the builder. may be used if a realty company is involved. Nothing in this sedion shall be construed to prohibll the erection of Neighborhod entrance structures. identity signs. directional signs, advertising signs and Informational signs by Developer. its grantees, assignees, or licensees in such size and design and at such places as it or they may determine. No sign shall be placed or maintained on any Common Facility without the approval of lhe Board. If any sign other than lhose described above shall be displayed in the Neighburhwd, the representativesor agents of the Developer or the Association shall have the right to remove such sign. For purposes hermf, a "sign' indudes any mark, symbol, m r d or drawing Intended lo communicate to a viewer. Basketball Goals. No exterior basketball goals shall be erecled or maintalned on any Lot without 10. the prior wilten consent of me N i g n Review Committee. Basketball goals shall be permanently installed and shall have transparent badtboards and black pasts. Basketball hoops and goals altached lo a building are specificany prohibited. There shall be only one basketball goal per Lot. The Board shall have the right to establish reasonable Nies regarding the hours of use of basketball goals and any such rules shall be binding upon all of the Lots and the Owners. 11. Animals. No animal of any kind, including livestock. poultry and poisonous repUles, shall be kept on any Lot, exoept that dogs, cats and other commonly aaepted househohl pets of a number and type permitted by ordinances and regulauons of the City, as the same may be amended hnrn time to h e , excluding, however. any dog incloded Mthln the definition of "vicious dogs' pursuant to City ordinances and regulations. may be kept, provMed they are not kept or bred for any mrnercial purpose and do not constitute a nvisance to residents of the Neighborhood. In no event, however, shall more than three dogs or cats, or mbination thereof, be kept on any Lot. All permitted pats shall be kept within a Residence or fenced area. or on a leash attended by a responsible person at all times. In the event an otherwise permitted animal, in the discretion of the Association. constitutes a nuisance or endangers the safety or welfare of any resident of the Nmghborhaod, such animal shall be removed hum the Neighborhood by h e owner hereof. In the event Me owner fails or refuses lo remove the animal, h e Association may cause the animal to be removed. OHmers shall lmmedialely clean up after their pels on all streats. Common Facilities and Lots owned by others. 12. Offensive Activltles, Nuisances, Dumplng. No noxious or offensive activity shall be carried on wilh respect lo any Lot, nor shall any trash, ashes, brush, debris or other refuse be throw, placed or dumped upon any Lot or Cwnmon Fadlties, nor shall anylhing be done M i c h may be or become an annoyanceor a nulsance to residents of the Neighborhood or any parl hereof. 13. Trash Storage. No bash, refuse, or garbage can or recsptacle shall be placed on any Lot outside a residence, except after sundovm of the day before or upon the day of regularly scheduled trash mllection and except for grass bags placed In the b a d or side yard pending regularly scheduled trash ccllection. 14. Solar Collectors. No solar collector of any kind or type shall be erected or maintained upon any Lot withoul the prior written consent of h e Design Review Commlnee. 154. Antennas, Satellite Dishes. No exterior radio, telenslon. short wave. citizens' band or other antenna of any kind, induding satellite dishes or other d e v i m for the recaplion or lranwnisslon of radio. mkrowave or similar slgnals, shall be placed or maintained on any Lot without the prior written approval of the Design Review Committee. Approval of such devices shall be based on criteria sudr as locabn, size, signal strength. aesthetic appearance, landscaplng, screening and other legally permisslble considerations so as to reasonaMy control the impact of such devices on the N e i g h b o w and all parts thereof. All such devices shall be Installed in acmdanw with and shall comply in aU respects with Clty requirements. NoMthstandlng any pmvision in this Dedaration to the contrary, small sateiliie dishes (maximum 20 inches in diameter) may be installed, with Me prior wrltten consent of Me Design Review Committee, so as not to be readily visible hnm the street. 26. Garage Sales. No garage sales, sample sales or similar activities shall be h J d within the NeIgMoMod without the prior written mment of the Association. 17. Sound Devlces. No eawior speaker, horn, &hisue, siren, bell or other sound device, except intemms, d e v i m used exdusively for security purposes and stereo speakers used In accordance with any Nles specified by the Assodation shall be located, imtaUed or maintained upon any Lot. 18. Exterlor LIgMs. No ederiar lights attached to a Resldence shall be located more than fhirty feel above ground level and no freestanding ealerlor lights shall be located more man ten feet above ground level. Except for holiday lights. all exterlor llghting shall be M i t e and not colored. All landscape lighting must be approved in writing by the Design Review Commitlee. Exterior Ughts shall be located and Oriented so as to avoid glare and excesslve light spillage onto adjacent Lots, Common Fadllties w public slreets. 19. Utlllly Lines. All residential utility transmission lines shall be underground. 20. Connecllons t o Sanltaryand Storm Sewers. No watar from any roof or downspout, basement or garage drain or any surface drainage shall be placed in or connected to any sanitary sewer line: nor shall any connedon of any kind be made to a storm sewer Ilne. 21. Fuel Storage Tanks. No outsiie or underground tar& for the storage of fuel or other liquids shall be installed, placsd or maintainedon any Lot. 22. Vehlcks and Equipment. No automoblle. truck, motorcycle, motorbike, van, bus, motor home. recreational vehide, camper, boaL trailer or other vehicle, and no lawn mower or olher motorized or wheeled outdoor equipment or apparatus shall be left, maintained, repaired. sewiced or stored on any Lot, except in an endosed building. Overnight parking of molar vehicles or trailers of any type or character in public streets, Common Faalitias or vacant lots is pmhiblted. Tnrcks or commercial vehides MM gross vehide w i g h t of 12,000 pounds or over are prohlblted excspt during such time as such vuck is actually being used for the spedflc purpose for which It is designed. Nothing In this section, however, shall be so conshed as to prohibit the regular parking of rot more man two licensed and operative automobiles of any type [including pickup bucks) in a reasonable state of repalr and preservatlon or the temporary parking of recreational vehicles tor the purpose of lcading or unloading (maximum of two nights every 14 days)on any paved driveway on any Lot. 23. Garage Doors. All garage doors shall remain dosed at all times except Mm necessary for enuy or exit. 24. Clotheslines. NO exterior clothesline or clothesline pole shall be erected or maintained on any Lot.

P : 1t

~

Of

~

13 OI

.

Deeds ~

jQhnsQn co ROD

-

, . . .i ~2005~07D510 ~ \ B:200512 P:QQB669

~

~

W l d a y Oecoratlons. No exterior banneis and/or holiday decorations (including dematlve Ilghts) 25. shall be installed, placed or maintained on any Lo4 except during a sixty (60)day period beginning November 15th d each calendar year. Artificial Plants. No artificial flowers or plants shall be permitted on the exlerior of any Residence or 26. in any yard. Awnings. Equipment, Fixtures. No awing or canopy, or any unsightly equipment or fixture shaM be 27. installed. placed or maintained on the exterior of any strudure or on any Lot, nor shall any air conditioning equipment or unsightly pmjeclim be attached to or placed in front of any Residence ~ W h xthe t prior witten consent of the Design Review Committee. CONSTRUCTION PERIOD REWREYENTS. During wnshction psriods on any Lot. the Owner and all 8.2 parties involved in such construction shall be responsible for maintaining the Lot in a dean and orderly manner; for controlling erosion and runoff M i l e the site Is in a disturbed oxdition; and for insuring that mud and debris lracked onto pubic slreets Is promptly removed. Adequate erosion and silt control procedures shall be followed, including the use of barricades, tmporary constructionfence. draw bales or silt fence, lo pmted adjacent Lots, Cwnmon Fadlities and adjacent property. 8.3 COMPLIANCE WITH CITY REQUIREMENTS. Nohdthstanding any provision of this Declaration to Ule wnhary, all property within the Neighborhood shall be used only in compliance Mth federal, stale and city requirements. In every case in which any provision of this Declaration Is at variance with such requirements, !he more restrictive provision shall govern and control. ENFORCEhENT. The Association or its authorized agents may enter any Lot on which a violabn of these 8.4 Restrictionsexisk and mav cormcl such violation at the emense of me Owner of such Lot. Such expenses and such fines as may be imposed by the rulas a i d regulations adopted by the Association,shall be deemed a special Asse'ssment secured by a lien upon such Lot enforceable in accordancewith the omvisions of Artide 3.8. All remedies described in Ariide 14 hereof and all othec riohts and remedtes avaflableat law or equity shaibe ava~lableIn the event of any breach by any Owner. tenant, occupant or other party of any pmvlsion of thls Article 8 ARTICLE 9 WORTGAGES 9.1 DEFAULTS. Noh+ithstanding anythlng in this Declaraticm to the mkary. no breach or default of any term. provision, covenant, condition, restriction or easement mntained in this Declaration shall deteat or adversely affect the lien of any each and all of said mortgage on any property in the Neighborhood: bwaver, excepl as heretn specifically provided oth&e, terms, provisions, covenants. conditions, restrictions and easements shall be binding upOn and effedive against any Owner who acquires its title or inlm3st by foreclosure, deed in lieu of foreclosureor the exercise of any other right or remedy under a mortgage, indudirm the obliaation to Dav all Assessments and Cask arislna or a m i n o thereaflw. in the same manner as anv other Owner. An Ch& who leases his Loito another party shall be respmsibk for assuring compliance by the tenantwith all of the provisions of this Dedaration, the Association's Artldes of lncorwratioo and Bviaws and the rules and reoulations adootad bv Ihe Association. all as amended and supplemented from time to time.'and such OW& shall be joinly and severaIiy resps'ible with the tenant for m y violation by the tenant.

9.2 EMFORCEMENT AFTER FORECLOSURE SALE. Without limiting any other rights or remedies herein provided or otherwise available at law or equity, an action to abate any default or breach of any of the terms, provisions, covenants. conditions, restrictions or easements mntained in this Dedaration may be brought against a purchaser M o has aquired title to or any interest In a Lot thmugh foredosure of a mortgage and the subsequent sate of Vie Lot (M thmugh any equivalent proceeding), and against the successon In interest of such purchaser, even though the default or breach exlsted prior to the purchaser's aquisltian of title to or interest in the Lot.

9.3 EXERCISE OF OWNER'S RIGHTS. During the pendency of any proceeding to foreclose a mortgage (induding any period of redemption). the mortgagee, or a receiver appointed in any such action. may (but need not), If and to the extent permlned by s u ~ hmortgage or by I& other documents ewdenang or securlm the loan secured by such mortgage exerase any or all of the nqhrs and pnvdeqes of me 0v.ner under thls Dedarabon. i n d d n c Ine nolit - to vote as a member of the Asswabon In the place and stead of me &ar.

-

ARTICLE 10

WANCIES INTHE NEIGHBORHOOB N~~thstandin anything g in MK Dedaration to the conhry. Developer shall have and ex@resslyreserves the rlght at any time and from time to t h e prior to me Turnover Date, in tts sole discretion, without the consent of any BuMer or other Owner. Assodation member or other party, (a) subdivide any Lot armed by Dewloper into two or more Lots. (b) wmbine any two or more Lots o w e d by Developer Into a single Lot. (c) add to the Neighbohood such other adjacent or nearby lands (wimwt reference to slreets and right-of-ways) as may be o w e d or hereafter acquired or approved for addltlon by Developer, or (d) dedicate portions of the Neighborhood owned by Developer to any govemmenlal or quasi-governmental body (induding the City) if, in Developer's sole discretion, such dedication Mil benefit the Neighbomood as a whole. Any such change, addition or dedication shall become effective upon the recording Gth the Register of Deeds of an amendment to this Dedaration. duly executed and acknowledged. setting forth the same. Such amendment to add land to me Neighborhocd may conrain such deletions. additions and mDdlAcations of the provisions of this Dedaration which are applicable solely to wch additio~fland as may be necessary or desirable. as solely determined by Developer in its disaetlon.

Reorstsr o i Deads TZ0850070510 Johnson Co ROD 0 200512 P DQB559

ARTICLE 11 RIGHTS OF THE DEVELOPER Nobdhstanding anything in this Declaration to the conlrary, prior to be Turnover Date none Of the resbidions contained in this Declaration shall prohibit or limit any a d by Developer. its employees, agents or contractors or m y other parties designated by Developer in connection ~ 4 t hthe construdiin, completion, sale or leasing of the Lob or any other part of (he Neighborhood. except that Developer shall be bound by the Deslgn Standards and laws and ordinances. ARTICLE 12 REMEDIES 12.1 ENFORCEMENT. In the event of any breach or defauil by any Owner, occupant w other person or entity ('Defaulting Party) under this Dedaration, the Assodation shall have all of the rights and remedies provided in this Dedaratlon and olheNvise available at law or equlty. and shall have the right (but not the obligation) to prosecute any action or other proaeeding agaimt the Defaulting Party for an Injunction, whethar affirmative or negative, or for enforcement or foreclosure of any lien herein provided, or for the appointment or a receiver for the affected Lct. or for damages w sp&c performance, or for judgment for the payment of money and mlleclion thereof, or for any combination of remedies, or for any other relief, all without notice and without regard to the value of the affected Lot or the solvewzy or the Defaulting Party. Any and all such rights and remedies may be exercised by the Assodatlon at any time and from time to Dime. No agreement, resbiction. reservation or other provision herein set forth shall be personally binding upon any owner exceptm'th respect to breaches thereof committed during his omershlp; provided, however, that (a) the immediate grantee from the Builder shall be pwsonaHy respcnsiMe for beaches committed during Builder's wmership of such Lot and (b) an Owm shall be personally responsible for any breach cwnmlfted by any prior Owner of the Lot to the extent notice of such breach was fiM of rewrd, as provided bdow, prior to the transfer of ownership. Whenever the Davetoper or the Board determines that a violallon of chis Dedaratlon has occurred and is continuingwith respect to a Lot, the Devetoper or the Association may file with the offlce of the Register of Deeds a certificate sening forth public n o h of the nature of the breach and be Lot involved. No delay w fallure by any person or entity to exemse any of its rights or remedles d t h rospect to a violation of Ws Dedaration shall impair any of such rights or remedies; nor shall any such delay or failure be construed as a waiver of that or any othw violation. 12.2 EXPENSES OF ENFORCEMENT. All expenses of the &s&atlon, w any other p e r m having rights of enforsment under ibis Oedaralion, in connection with any adon or pmceeding described in w permitted by this Article 14. including court costs, attorneys' fees and other fees and emnses. and all damages, liquidated ar olhenvise. together k t h interest thereon until paid at the hwest rate allowable under Kansas law, shalt be oharged to and assessed agaimt the Defaulting Party and shall be deemed a spedal Assessment against the Owner of (he affected Lot. with respect to whlch special Assessmenl Re Associatior\ shall have a lien as provided in Artide 3. 12.3 RIGHT TO CURE. The Association and any manager or managing agent retained by the Association shall have the authority (but not be obligation) to correct any bread or default under Ulis Dedaration and to do whatever may be necessary for such purpose, and ail emnses In connectlMl therewith, together with interest thereon untll paid at the hlghest rate allowable under Kansas law, shall be charged to and assessed against the Defaulting Party as a special Assessment, with respect to which special assessment the Assodation shall have a lien as provided in Article 3. 12.4 WAIVER No waiver of any wdatlw, shall be effective unless In writing and slgned and delivered by the person or entity entitled to glve such waiver, and no such waiver shall extend to or affecl any othw violatlon or situation. whether or nM shnllar to the waived vldaticn. No waiver by one person or entity shall affed any rights w remedies that any other person or entity may have; provided, h m e f , that a duly authorized, executed and delivered waiver by the Association, acting upon a dedslm of the Board, respecting a spedfic violation shall constitute and be deemed as a waiver of such violation by all other persons and entities (other than the Developer). 12.5 LlMlTATlON OM DEVELOPER'S LLABILJlY. Nohdthstardlng anfling to the contrary in this Oedaretion. it is expressly agreed that neither Developer (Induding any assignee of Developefs Interest hereunder) nor any member of Developer (or any member of any assignee of Developer)shall have any personal liability to the Association or to any Owner, tenant, m u p a n l Assodation member or other party arising under. In connedon v.ith or resulting from (including resulting from any action or failure to a a rcith respect to) this Dedaration, the Assodation. the Deslgn Review Comminea, the AssociaUon's Melee of Inwrporatlon or Bylaws. the Design Standards or the mles or regulations adopted by the Assadation. or for any action taken or rot Laken pursuant to authority granted to Developer herein or merein, except. (a) In Lhe case of Developer (or its assignee), to me exlent of Derelopefs Interest in the Nelghbohod, and (b) In the case of a member of Developer (or a member of such assignee), to me edent of such membets interest in Developer (or in such assignee); and in the event of a judgment against Developer (or any member of Developer. or assignee of Developer, or member of any such assignee), no exewtion or other action shall be sought or brought Weracm against any omerassets or be a lien upan any other assets of the judgment debtw.

ARTICLE 13 AMENDMENT AND m A f l O N 13.1 AMENDMENT BY ASSOCIATION. The Assouation shall have Me right, p o w and authority (subject to the provlslons of ArUde 13.2 and to the restrictions on amendment set forth in Artide 13.3) to amend. modlfy, revise or add to any of the terms of this Dedaration (as fmn time to time amended, modified, revised or supplemented) by a wrinen instrument sening forth the entire amendment which amendment shall become effective when duly adopted, executed, ackndedged and recorded h t h the Register of Deeds. Any proposed amendment must be fmt approved by a majority of the Board a n d chen adopted by the

r.

13 0 1

1 1

,,

-.

,

.. ..

Regxster o f Deeds T2005'%70510 Johnson CQ ROD 0,200512 P:@!38659

members of h e Associalion. Amendments may be adopted by the members (a) at a meeting of the members by the affirmative vote of at least hro-thirds of all members entiUed to vote at such meeting, or (b) without a meeting if all members have been duly notified of the proposed amendment and if hw-thirds of all members entitied to vote at such a mesting, if hdd, consent to the amendment. AMENDMENT BY DEVELOPER. NMwllhstanding any 0 t h provision ~ of this Declaration to the mnbary, prior 13.2 to the Turnover Date, Developer shall have the sole and oxdusive right, p o w and authority to amend, moddy. revise or add to any of me terms d this Dedaration (as from time to time amended, modified, revised or supplemenled) without the approval of the Board or memben of the Association or the approval of any Builder, other Owner or other party, by a written inshument setting forth the entire amendment. which shall become effective upon its recordingwith the Register of Deeds. to h e mntrary nohuithstanding, b e Developer shall have the Bbsolute. Anything set forth in this Art] unilateral right, power and aulhority to amend.** or add to any of the terms and provisions of H s Dedaration (as fium time to time amended, modified or supplemented) by executing, acknowledging and rwording an appropriate inslrument in writing for such purpose, if (a) e i M the Veteran's Administration or the Federal Housing Administration of any successor agencies thereto shall require such a d o n as a condition precedent to the approval by such a d o n as a condition precedent to Ute approval by such agency of the Neighborhood or any part of the Neighbofhood w any Lot in the Neighborhood, for federaliy-approved mortgage f i ~ n a n gpurpases under applicable Veteran's Administration or Federill Housing Administration or similar programs, laws and regulations, or (b) the City requires such aclion as a mndltion to approval by (he City of some matter relating to the development of the Neighborhood.

TERM AND TERMINATKHI. The pmvislons of this Dedaratmn shall continue in full force and effed (subject. 13.3 however, lo the right to amend as herein provided) until January 1.2030. Thereafter, u n h s one year prior to January 2.2030,an instrument exewted in one or more counterparts by at least a majority of all Association members then entitled to vote shdl be recorded with the Register of Deeds direding me termination of this Dedaration, this Declaration shall be automatically mlinued without any further notice for an additional pm'od of 10 years and thereafter for successive periods of 10 years each: provided, that within one year prior to Me expiration of any such 10-year period, this Dedaration may be terminated as above provided in this sedan. ARTICLE 14

SENERA1 PROVISIONS 14.1 NOTICES. All notices, requests, wnsenb, approvals and other communications required or permitted under this DedarationM the Assouatlon's Bylaws shall be in wiling and shall be addressed to Developer at 14818 W. 95'"~beet Lenexa, Kansas 66215. to Me &socialion a1 the address spedfied in Me Association's Bylaws. and to each Owner and member at the last address s h o w for such Owner or member on the records of the Association. Any party may d ~ i g ~ at different e address or addresses fof ibelf by giving written noliee of its request. Notices, requests, consents. approvals and other ccmmunications shan be deemed delivered when mailed by United Stales mail, postage prepaid. when delivered in person or by courier, or delivered via facsimile transmission (fax). 14.2 ASSOClAllON ADDRESS. The Assodation shall notify each member whose address Is listed with the Assodamn of the Ume and place of regular and special mestings of the members of the Association, and the plaw where payments shall be made end any other businessin mnnection with the Assodation may be bansaded. 14.3 PERFORMANCE BY DEVELOPER. Prior to the inccrparallon of the Assw'ation. Devebper shall have the righL at its option, to perform Uw duties of the Association, levy and collect the assessments and oMeMse exercise the nghts and powem herein given to the &sociation in the same manner as if such p o r n and duties w e herein given directly to Developer. The Association shall not assume any of the rfghts or powers k e l n provided for w i h u t the consent of Developer and Its mknquishment of such rights and powers; prov!ded, however. that nothing sot forth herein shall be deemed to require Develops to perform w saUsfy any duty or obligation to Owners or othendse. 14.4 ASSIGNMENT BY DEVELOPER The Developer shall have the rfght and authority lo assign, ccnvey. transfer and set over any and all of h e benefds, privileges, rights. powers, reservations and easements of Developer herein granted or reserved to any party which assumes the obligations, duties and responsiblntiesof Developer pertaining to the particular benefils, privileges, rights, powers, reservations and eassments assigned. Upon the recording with (he Regkter of Deeds of a document of assignment whereby the asstgnee assumes and agrees to perform such cbligatlgns, duties and responsibilities, such assignee shall. to the extent of such assignment have Me same benef~ts,privileges, righb, powers, reservations and easements and be s w e d to the same obfigations, duties and responsibilities with respect thereto as are herein glven to and assumed by Developer. and Developer shall thereupon be released a d relievod from all liability wlth respect to such obligations acauing horn and after the date of r a m r d i i of such asslgnrnent. Such assignee and itr successots and assigm shall have the right and authow to further assfgn, convey, bensfer and set over the benefits,pfivileges, rights, powers, reservationsand easements to any other party which assumes tha obligations, dunas and responsibilitiesHith respect theceto In the same manner as herein set forth. 14.5 TERMINOLOGY. The words "include.' "includes' and 'induding- shall be deemed followed by Me phase Wlhout limitafjon.' The w r d s 3erein.' "hereof.' 'hereundei and similar terms shall refer to his Declaration unless the context requires otherwise. Whenever the context so requires, the neuter gender indudes the masculine andlor feminine gender, and Me singular number indudeq Me p l u d and vice v m .

Resister o f Deeds

Johnson Ca ROD

.. .- . ... . T20050070510 8:2W512 P:008559

SMERABILm. If any provisions of this Dedaration or Ula applicalmn thereof in any dramstance is held 14.6 invalid. the validity of the remainder of lhis Declaration and of tho applmtlun of such provision in other circumstances shall nat be affected thereby. 14.7 RULE AGAINST PERPETUITIES; OBSERVANCE OF LAWS. The Association ShaH at all times observe all applicable state, county, city and other laws or regulations. If at any time any of the easements. privileges, wvenants or rights created by this Dedaration shall be unlawful, void or voidable for violation of the wle of law known as the 'Rule Against Perpetuities,* then such provision shall become null and void, but no other parts of lhis Dedaration not in conflict herewith shall be affected theeby 14.8 APPROVALS. Wherever the approval or m s e n t of the Devebpoper, the Association. the Board or the Design Reuew Commiilee or any other person or entity is requirPd, such approval or wnsent shafl require the prior witten approml of such appmving or ansenling party, to be given In lk sole dlscretiin. Neither the Developer, nor the Association, nor any member of the Design Review Committee or the Bcard shall be personally liable lo any person for any appmval, disapproval or failure lo approve any maner submitted for approval, for the adopkn. amendment or revocation of any rules. regulatians, restrictions or guidelines or for the enforcemefit of or failure to e n h any of Me restdctions wntained in this Dedaration or any such ~ l e s . regulations, restrictions or guidelines.

ARTICLE 15 COVFMAFITS RUNNINGWITH THE LAND Each grantee of Developer and of any Builder or oVler Omer, by the acceptance of a deed, mnveyance or olher instrument evidenung or creating an Interest or estate in any land within the Neighborhood. and each person acquiring a membership in the Assdalion, and the heirs, legal representatives,suocessors and assigns of each of the fomgoing, accepls Me same subject to all of the term$, provisions. covenants, conditions, r M o n s , reservations, easements and liom and subject to all of the rights, benetits and privileges of every kind vrhich are granted, mated, reserved or declared by h i s Dedaration, and all impositiw and obligations hereby imposed, aR of which shall be deemed mvenanm runnlng Mth me land and equitable servitude. and shall Mnd eveq person and ennty at any h e having any interest or estate in any land within the Nelghborhwd, and shall inure to the banetit of any such person or entity, as though the pcovislons of tMs Declaration were reflected at length in each and every deed, conveyanceor other instument evldmung or creating such interest or estate. IN WITNESS WHEREOF. Developer has executed this Declaration as of the date first above wrllten

By: Clay C. Blair. Ill, Member

STATE OF KANSAS COUNW OF JOHNSON

) ) )

=.

ON THIS 1st day of May, 2005, before me, Ute undersigned, a Notary Public & and for said County and Stale, penonany appeared Clay C. Blair. Ill, lo me personally known to be Ule persan described in and who execrrled the fwegolng Instrument, who, being by me duly mum,adwovAedged that he is a member of Hldden Creek. L.L.C., a Kansas lknited liability m p a n y , and mat he exewled such h s h m e n l on behalf of said company by authority oi its members, and said p w o n ackno3edged the execution of said inslrument to be the a d and deed of said limlled liability mmpany. IN WITNESS WHEREOF. I have hereunto sel my hand and affixed my official seal th%daday and Year last above mitlen.

My Commission Expires:

11111111111111111111 l IlIl1llI

15

28Wi1223-8008559 12/23/2005 P 15 of 19 11:31:31 Fa Register of Deeds TZQ0501170510 JOhnsM Co ROO 8.200512 P:O08559

EXHIBIT A TO DECLARATIONOF PRAKIIE BROOK BUILDING STANDARDS AND REQUIREMENQ

1

Permitted Height of Residences.

No portion of a Residence erected on any Lot shall exceed three (3) stories in helght above ground level at any point without the prior willen consent of the Design Review Committee.

2.

Setback of Residences.

Setbadc tines. NI Residences and other Improvementsshall be located on each Lot as approved by (a) the Design Review Committee and m full compliance with setback lines shbwn on the Plat or established by the Design Review Committee. The Design Review Commitlee may establish nav building setbadc lines on any Lot with the express written ~ n S e n t 0 f the Lot OrYner, provided such new setback lines comply w.th City codes.

Projections. Notwilhslandmgthe setback lines s h o w on the Plat or those esbblished by the Design (b) Review Cornmiltee, cantilevered upper stories. balconies, bay, bow or oriel wlndows, cornicffi, eaves, chimneys, downspouts and deewative elements may pmjed no more than three f8et overthe bullding setback liesfor each Lot. Unendosed, covered porches and vestibules nal more than one story In helght may project up to six feet beyond front bullding Ilnes. No provisions herein shall be mnslnred to permit any portion of any sbuclure to project beyond b e boundary of the Lot upon M i c h It is erected. Sight Lines. No fence, wall, slructure w plant materials which obstruct sight llnes at elevations (c) betvnen two and six feet above the streels shall be placed w permined to remain on any Comer Lot Mthh the VIangular area formed by the sbeet right-of-way lines and a R e mnnecmg lhem at points hvanty-live feet horn the intersection of the street lines. or In the case of a rounded property cwner, from lhe intersection of the extension d street right-of-way liw. The same sight-line limitabohs shall apply lo any Lot within ten feet from the inletsection of the right-of-way property line Ath lhe edge of a driveway. Trees shall be permitted lo remaln within such areas if the foliage line is maintained at a height sufficient to prevent obstruction of sight lines.

3.

Required Sire and Type ofResidena

No Residence erected on any Lot shall contain less than the minimum number of square feet of (a) Enclased Floor Area (as hereinafter defined) shown on the following table. Enclosed Floor Area Mirdmums (in square feel) 1 Skory Residence 1.5 Story Residence' 2 Stwy Residence'

2.4W 2,200 2.200

'1.5 Slory and 2 Stcfy Residences shaH m t a i n a minlmurn of 1.200 square feet on the maln level (first floor).

For purposes 0' h i s Sedion 3: A 'Re-1.5 Slory Residcnce'(a mncn-style h o ~ s ewlh a gromd level walk-out basement) shall be alono wth 1.5 stow Residences. and a Resiaences 'Endosea Floor Area' shall mean an0 Include. in aU caws. areas oh the fi(6tfl&, second fl& ( ~appl~cable) f and basement level (In cases ol Reverse 1.5 Slory Res~dences)eoclcsed and fimshed fw all-vear occuoancv. mmouted uhlldna outside measurements of the Residence and shall not lndude anv areas in w atti&, orbasements (except-in cases of Reverse 1.S Stoiy Residences). garages,

No Residence designated as a 'ranch with basement garage" w a 'bi-level- by the Oesign Review (b) Commitlee shall be mnslructed on any Lot. The Design Review Commlttee reserves the absolute and inmnteslabls right lo determine whether (t) any Residence violates the bregolng prohibition and whether the Endosed Floor Area of any Residence moels the minimum requirements provided for in this Sedion and hereby also reserves the cight to approve deviations from the aforementionedbuilding sizes and to modify any of the Endosed Flow Area requirements set fwth in his Sechon. The Design Review Committee's determination(s) in thk regard shall be final.

4.

Time Umlts for C o n m c t l o n o r Reconstruction; Penany for Violation.

Unless the f o l l h n g lime periods are expressly extended by the Design Review Cornminee, const~ctionof any Residence on any Lot shall be m m e n c e d within 90 days f a U M g the date of delivery of a warranty deed from the Developer to me purchaser of such Lot, shall be diligently pursued, and shall be completed wilhln 240 days after mmmenmnent. No Residence or extwlor skucture shall stand with its exterior in any unfinished condition tor more than six months after ammencement of

lllllllllllllllllllllllllllllUUllllllllll

20051223-0008539 t2/2312065 P: 16 of 19 11:31:31 an Register of Dseds TM05007ffilD Johns~nCO ROD B:20ffi12 P:088569

construction. For the purposes of this section, commencement of conslruction is deemed to be the date a building permit is issued by the City. In the event such construdion is not commenced within such 90day period (or extension thereof). the Developer shall have, prior lo commencement of ccnslruction, the right, but not the obligation, to repurchase such Lot at i b original sale price. No m e ? of a Lot in violation of this mnstrwtion commencement provision shall be entitled to reimbursement for taxes, interest, or other expenses paid or incurred by or for such Owner. Subject to the provisions of Article 5 of h e Declaration of Prairie Brook, in the event of fire, vindstorrn. vandalism or other casualty. no Improvements shall be permitted to remain in damaged condition for longer than three months before said damaged Improvements are demolished and removed lrom the Lot or before repairs commence. Such repairs shall be completed within six months after commencement. If wmmencement or completion of such wnstruction or recnnstruction is delayed due to weather conditions, strikes, unavoidable shortages of materials, acts of God or other conditions over which h e Owner has no control. the time allowed for completion shall be extended for that period of l i e caused by any such delay in construcb'on. Any m e r of a structure In violation of this section shall pay h e Association a frne of no more than One Hundred Odlars ($100.00) per day, as determined by the Association for each day the violalion continues. The fine provided for herein. if not paid when due by said Ower, shall b e m e a lien upon the real estate upon which the stwcture in violallon of th'i section is located: pm'ded, however, that such lien shall be inferior and subordinate to the lien of any valid first mortgage now essting or which may hereafter be placed upon said real estate. All fines shall be due thirty (30) days fmm the date of the mitten ~ t i c of e the violation provided by the Association to the h e r of any Lot upon Mchthe violation ocrurs, and if the fne is not paid within said thirtyday pmiod. the fine shall bear interest at the rate of eighteen percent (18%) per annum until paid. Any such interest a w i n g shall also be a llen upon the teal estate and aH such liens may be enforced by the Developer or the Association in any court in Johnson County. Kansas, having jurisdiction of suit for the enforcement of such liens.

5.

Fences, Walls. Decks. Outbuildhgs.

No fence, wall or dedc shall be constructed, maintained or altersd upon any Lot unless the location, design. mnfiguration, height, &or and materials are prior approved in miting by the Design Review Committee. No animal pens or runs shail be permitted. No fenw, boundary wall or privacy screen shall be wnstructed or maintalned on any Lot nearer to the street than the rear corners (as defined by the Deslgn Review Committee) of the Residence. Any fence insWled ned to an existing fence on an adjacent Lot must be joined to such eljsting fence. Fences shall be black wrought Iron or untreated cedar in one of three styles shown on Ihe attached Exhiiit A-I. All fences must be sblr-stepped to follow the grade of lh Lot. Fences shall not exceed 48 inches in height unless specificaHy approved for a greater height by the Design Review Committee. Privacy fences over 48 inches in height, but not taller than 72 inches, may be p m i t t e d if located within the building setbach lines and no furiher than 20 feet from h e Residence and if spedfi~allyapproved in writlng by the Design Review Committee. Any such privacy fence shall be an approved style as s h o w on Exhibit A-l or an alternate style deemed by the Design Review Cornminee to be compatible with the style of the Residence. No animal pans or runs shall be permitted. No detached outbuilding, including. without limitation: sheds. barns, garages, and s t o w facilities, shall be erected upon, moved onm or maintalned upon any Lot. Storage shall be permitted under a dedc provided such area Is saeened as 0thew.se aulhorized herein. 8.

Surface Drainage.

Final grading of each Lot shall adequateiy handle all NM water in a reasonable manner which is in aacwdanoe and fully compatible with the grading of adjacent Lots, the master grading plan approved by Iha City. any related site gradlng plan furnished by the Developer and any speaiRc site grading plan for the Lot approved by the Developer. No landscaping. berms, fences or other structures shall be installed or maintained that impedes the flow of surface water. Water from sump pumps shall be dralned away from adjacent residences (actual and future). No changes in the final grading of any Lot shan be made r m ' M the pciar mitten approval of the Design Review Committee and, if necessary, the Wty. The Dwelopw shall have no liability or responsibility to any Builder. Ovmer or other parfy for the failure of a Bullder or Omef to linal grade or malntain any Lo1 in acmrdance with lha master grading plan or an approved lot gradlng plan or for the Developer not requiring a lot grading plan and m p l i a n c a therewith. The Developer does not represent or guarantee to any Owner or other person lhat any grading plan for the Lots that the Developer may appmve or supply shall be suflicient or adequate or that the Lots will drain properly or to any M e r ' s or other person's satisfaction.

7.

Roofa.

Roof matdals, colors and brands shail be speaiic~llyapproved in writing by h e Design Revlew Committee. R w h S M I be mvwed with wood shingles or shakes; clay or concrete tile: slafe; or with specific witten approval of lhDesign Review Commitlee in its absdute dlwetion, high quality asphalt or composition shingles. Composition shingles of the Ceiotex brand. 40-year "Presldential' line, %athered wood" color are hereby approved. flat roofs and tar-and-gravel roofs are specifically prohibited. Bronze-coloredflashing shall be used In valleys. R w k shall have a minimum pitch of 3/12. 8.

Exterior Wall Materials.

Extmior walls of all buildings, structwes and all appurtenances thereto shall be of shlcco, stone, bri&. wocd lap siding. H w d sningles, wood or composite paneling (such as Woodman" brand slding), plate glass, glass block, or a combination thereof. provided, however, thal panebed siding materials are restricted for use on side and rear elevations of a Residence only. Siding which simulates natural materials may be approved on a case-bycase basis by the Design Review Commitlee. Notwithstanding the foregoing provisions of this Section 8 requiring or prohibiting speclflc buiMing materials or products, any building materials or products that may be or come inlo

Rep is lor o i Daedr

Johnson Go ROD

, . .- . .- . , .. . T2W58070516 B:200512 P:008559

general or acceptable usage for dwelling conshclion of comparable quality and style in the area, as determined by Me Deslgn Review Committee in its absdule discretion, shall be acceptableupon written approval by the Design Review Commitlee. 9.

Exterior Colors.

Neutral. eai?h-tone colors are encouraged so lhal structures blend with the natural setting of Me Nelghbohod. Bright p'mary colors and pastels of primary colors shall not be permitted. Exterior colors and color mmbinatlorn Mat, in fie opinion of h e Design Review Cammittee, are Inharmonious shall not be permitted. Each Owner must submit a &or plan shohing the color of me exterior walls, shutlers, d m , trim, etc.. lo the Design Review Commitlee prior lo initial construction on any Lot. The Design Review Commlttee shall have final approval of all exterior color plans. 10.

Windows and Doors

All windows and exterior doors shall be conslructed of glass. wood, colored metal, or vinyl clad and wwd laminate or any combination thereof. Mirror finishes on nindow glass are specifically prohibited. Unpalnted metal or bright linished window frames, screens, or accessories shall not be permitted. 11.

Gutters and Downspouts. Exposed metal gutters and dormspouts shall be painted lo match h e trim or body color of the Residence.

12.

Chimneys.

Any full chimney which is reveal& on an exlerior facade shaU be supporled by a full foundation. No metal pipe shall be exposed on the exterior of any fireplace or fireplace flue, and ail fireplace flues shall be capped niM a black or colorconfining low profile melal rain cap.

13.

Paint. Stain.

W w d exteriors, except rods, shall be covered vith a mrkmanlike finish of two coats of high quasi paint or stain, hawever certain natural siding materials which are intended lo wealher (such as cedar shingles) may be exempted from this requirement. 14.

Exposed Concrete Foundations and Walls.

The exterior surface of all concrete foundations and mHs which are exp3sed in excess of 12 Inches above final grade shall be painted the same oolor as the Residenw or covered with sidlng materials compatible with the structure.

A detailed landscape pfan must be submitted lo and appmved by the Design Review Cammittee prior to Installation. Extensive landscaping is enmuraged. and a minimum expenditure of $1.000 for front yard landscaping (excluding sod and irrigation systems) is required. All yards and the unpaved portions of &el r i g h t d w a p and easements m U g u w s thereto shall be fully sodded or planted wlth grovnd mvers or covered him mulch, provided, however. that no duty Lo dear any lract of trees,bushes, shrubs. or natural growth vrhich are kept reasonably attractive shall be implied. 8oM sod and required landscape Installationshall be ccmpleted prior lo first ompancy of Me Rwldencs, or the Ovmer sheU e s c m funds in an .3fnO~nland manner determined by h e Design Review Commitlw to assure such mstallat!a when weather permits. All vegetable gardens shall be located behind the rear comers of the Residenee and at least Rve feet away from Lhe bo~mdaryof the Lot. No vegetable garden(s) shall exceed 100 square feet In slze on any Lot except vim the p r i ~ w i t t e consent n of the Design Review Commitlee. The Developer shall have the rlghl (but not the obligation) lo install one or more tees on the public right-of-my a d j a m t to each Lot. The type and location of such trees shall be selected by Me Devefoper in its absolute discretion. 16.

Driveways and Sidewalks.

All drlvways and sldewalks shall be concrete, patterned m u e t s , interlockingpavers. brick or oher permanent stone finshes. No driveway shall be amswded in a manner as to permit access to a slreet auoss a rear lot line. Asphalt gravel or n a l d driveways or sldewalks are specifically prohibited. Spedf~approval for clrcle driveways must be obtained in writing from the Design Review Committee before coclstruction thereof on any Lot. 17.

Garages. All Residences sha# have private garages for not less than hm cars. Ca~portsare speciftcally prohibited.

2@@51223-0068559

P 18 o f 19 R e g l a t e r of Deeds Johnson cu ROO

12123/2(185

~ 11:31.31 ~ ~ ( 1 5QM~ 7 ~ 5 1 0 8:200512 P:110855g

EMIBIT A-1 PRAIRIE BROOK 0ECLARATH)N APPROVED FENCE STYLES

BLACK WROUGHT IRON

%" bar pidrcb

-

~~~~~~~~~~~~~~~~~~~~~~~~~

20051223-0008559 P 19 o f 19

,,1212312905 J1 3,

Rapinter o f Oseds T2005W70510 Johnson Co ROD B 200512 P W1E559