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HomeMy WebLinkAboutDocument 2527605 Original Covenants 01 16 2018J-572 AfterRecording,ReturnTo: OgburnLawFirm,PLLC P.O.Box7020 Bozeman,MT 59771 2527605 Page:1 of 23 10/14/201501:19.39PM Fee:$161.00 CharlotteMills-GallatinCounty,MT MISC DECLARATION OF PROTECTIVE COVENANTS,CONDITIONS,AND RESTRICTIONS FOR THE LAKES AT VALLEY WEST THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE LAKES AT VALLEY WEST ismade this_day ,2015,by The Lakes atValley West,Bozeman,LLC,hereinafterreferredto as "Declarant;" WITNESSETH: WHEREAS,theDeclarantisthe owner of thefollowingdescribedrealpropertysituated in GallatinCounty,Montana: The Lakes atValley West Phase 1 and 2 Subdivision,includingspecificallyLots 1 through 25 of Phase 1,Lots 1 through 36 of Phase 2 and RestrictedLots R1 and R2, and by thisreferencemade a parthereof and hereinafterreferredto asthe"The Lakes Subdivision;"and WHEREAS,The Lakes Subdivisioniscurrentlysubjectto the Fourth Amended & RestatedDeclarationof ProtectiveCovenants &RestrictionsforValley West ("ValleyWest Covenants"),recorded on April 28,2014 as Document No.2479575,intheGallatinCounty Clerk and Recorder's Office,the FirstAmendment to Fourth Amended and RestatedDeclaration of ProtectiveCovenants and RestrictionsforValley West ("FirstAmendment to Valley West Covenants"),recorded on May 14,2015 as Document No.2511338,inthe GallatinCounty Clerk and Recorder'sOffice,the Second Amendment toFourth Amended and RestatedDeclarationof ProtectiveCovenants and RestrictionsforValley West ("Second Amendment toValley West Covenants"),recorded on 10-14-201.5 as Document No.2527604 ,inthe Gallatin County Clerk and Recorder's Office,and allRules and RegulationsfortheValley West Homeowners'Associationon fileand of record attheGallatinCounty Clerk and Recorder's Office; WHEREAS,the Declarantdesiresto impose additionalcovenants,conditions,and restrictionson thepropertyinThe Lakes Subdivision; NOW THEREFORE,the Declaranthereby declaresthatallofthePropertyin The Lakes Subdivisionshallbe held,sold,and conveyed subjecttothe followingeasements,covenants, conditions,and restrictions,which areforthe purpose of maintaininga stablevalue,character, use,and development of The Lakes Subdivision;and which shallrun with the landand be binding on allpersons having any right,title,or interestin any propertyin The Lakes Subdivision or any partthereof,theirheirs,successorsand assigns,and shallinureto the benefitof each owner thereof. ARTICLE I Definitions 1.1."Affirmative Vote"means the affirmative vote of the majority of the membership interestwho are eligibleto vote and who are present at a meeting in person or by proxy. 1.2."Annexed Property"means property adjoining the Property which isannexed to the Property pursuant to Article XIV. 1.3."Association"means the Lakes Homeowner's Association for The Lakes Subdivision. 1.4."Board of Directors"means the Board of Directors for the Association. 1.5."Bylaws"means the Bylaws,ifany,for the Association,as may be amended from time to time.The Board of Directors isnot required to adopt Bylaws unless the Association isincorporated. 1.6."Common Areas"mean any propertyor partof any propertywithinThe Lakes Subdivisionthatisdedicatedor reservedfortheuse of allthe Owners,theirguestsand invitees. 1.7."Design Manual"means The Lakes atValley West Design Manual,as may be amended from time to time. 1.8."Director"means a person on the Board of Directors. 1.9."Declarant"means The Lakes atValley West,Bozeman,LLC,or any successoror assign who obtainsan Assignment of Declarant'sRights and Responsibilities.Both successorsand assignsshallalways be deemed to be includedwithinthe term "Declarant"whenever,however, and wherever such terms are used inthe Declaration,Bylaws,Rules and Regulations,orDesign Manual. 1.10."Declaration"means thisDeclaration of Protective Covenants,Conditions,and Restrictions for The Lakes at Valley West,and as may be amended from time to time. 1.11."Design Review Panel"means The Lakes atValley West Design Review Panel, as furtherdefined in Article VI. DECLARATION 2 1.12."Lot"means any plot of land shown upon any recorded The Lakes atValley West subdivision map,excluding the Common Areas. 1.13."Member"means each Owner.By purchasing a Int in The Lakes Subdivision,each Member agreestoabide by and be bound by the Declaration,the Bylaws,allRules and Regulations,and the Design Manual. 1.14."Open Space"means any propertydesignatedas open space on any recordedThe Lakes at Valley West Phase 1 and 2 subdivision plat. 1.15."Owner"means the record owner,whether one or more persons or entities,of a fee simple titleto any Lot which isa partof The Lakes Subdivision,but excludingthosehaving such interestmerely as securityforthe performance of an obligation. 1.16."Parks"means any propertydesignatedas a park on any recordedThe Lakes at Valley West Phase 1 and 2 subdivision plat. 1.17."Park Facility"means and refersto the park facilitiesas shown on The Lakes Subdivision Parks Plans approved by the City of Bozeman. 1.18."Property"means and refersto allof the propertydescribedin The Lakes atValley West Phase 1 and 2 Subdivisionand such additionstheretoas may hereafterbe annexed and brought withinthejurisdictionoftheAssociation. 1.19."Storm Water Facility"means and refersto storm water facilitiesas shown on the City of Bozeman approved infrastructureplans. 1.20."The Lakes Subdivision"or "The Lakes at Valley West"means and referstoallof thepropertydescribedinthe FinalPlatof The Lakes atValley West Phase 1 and 2 Subdivision and such additionstheretoas may hereafterbe annexed and brought withinthejurisdictionofthe Association. 1.21."Transfer Date"means the date on which allof the Lots and Property owned by the Declarant-both atthe time thisDeclaration isrecorded or as may be annexed by the Declarant pursuant to Article XIV -have been sold,transferred,or the construction of a residence on the Lot completed.On the Transfer Date,allrights,responsibilities,duties, or benefits of the Declarant,solely in itsposition as the Declarant,which ariseout of this Declaration,shallautomatically transferto the Association.The sale or transfermust have been to someone other than the Declarant's successors or assigns.The Board of Directorsor itsdesignated representativeshallnotifythe Owners of the Transfer Date within a reasonable time afterthe Transfer Date occurs.For purposes of thisSection,notice includesposting notice of the Transfer Date to the Association'swebsite. DECLARATION 3 1.22."Rules and Regulations"means such rules and regulations adopted by the Board of Directors. 1.23."Utilities"means utilitylinesforpower,sewer,gas,telephoneand otherutilitylinesand servicelinesfortelevision,computer services,gas or otherservicelines,whether presently availableor not. 1.24."Valley West Covenants"means theFourth Amended &RestatedDeclarationof ProtectiveCovenants &RestrictionsforValley West,recordedon April 28,2014 as Document No.2479575,inthe GallatinCounty Clerk and Recorder'sOffice,the FirstAmendment to Fourth Amended and RestatedDeclarationof ProtectiveCovenants and RestrictionsforValley West ("FirstAmendment to Valley West Covenants"),recorded on May 14,2015 as Document No.2511338,intheGallatinCounty Clerk and Recorder'sOffice,and any additional amendments tothose documents on fileand of recordwith the GallatinCounty Clerk and Recorder'sOffice. 1.25."Valley West Homeowners'Association"means the association referred to in the Valley West Covenants.Until such time as the Property in The Lakes Subdivision isno longer subject to the jurisdictionof the Valley West Association,Owners are also members of the Valley West Homeowners'Association and subject to the Valley West Covenants and allRules and Regulationsforthe Valley West Homeowners'Associationon file and of recordatthe GallatinCounty Clerk and Recorder'sOffice. ARTICLE II Location 2.1 The principalofficeof the Associationshallbe locatedin theresidenceof the duly elected Secretaryof the Association;or ifthereisno Secretary,inthe residenceof the duly elected Presidentof the Association. ARTICLE III Membership 3.1 Every Lot Owner shallbe a Member of the Association.Membership shallbe appurtenant to and may not be separate from the ownership of any Lot,so thateach Lot owner willautomaticallybecome a Member of the Association with the purchase of any Lot, and willbe a permanent Member untilthe Lot issold or transferredto a differentowner. Accordingly,no Member shallbe expelled,nor shallany Member be permitted to withdraw or resignwhile possessing a membership interest. 3.2 Itshallbe the duty of each Owner to advise the Association of the Owner's acquisition of any Lot,the Owner's mailing address and email address,and of any change in ownership or mailing or email address.For purpose of providing any noticerequired by the Declaration,the Owner's address shallbe the lastknown address on filewith the Association. DECLARATION 4 3.3 The votingrightsof each Owner aresubjectto: A.Ownership of an interestby fee or by contractin a Lot in The Lakes Subdivision; B.The fullpayment of assessments,fees,fines,penalties,interest,attorneys'fees, other costs,and liensimposed by the Association;and C.Compliance with the Declaration,Bylaws,Rules and Regulations,and Design Manual. 3.4 The voting rightsof any Owner are automaticallysuspended during any period when such Owner shallhave failedtotimely pay any monies then owed to theAssociationand during any period of non-compliance with the Declaration,Bylaws,Rules and Regulations,and Design Manual.Upon payment of such monies and upon complete compliance,the Member's voting rightsshallbe automaticallyrestored. 3.5 Each Lot shallhave one membership or voting interest.Ifownership isvested in more than one person,only one vote may be castcollectivelyby such Owners.Such owners must,priorto ameeting where voting may be allowed,among and between them,determine who isentitledtovote the membership interest,and inwhat manner itshallbe voted.If more than one person seeks to exercise the vote,the vote shallbe suspended and the Owners will be deemed to not be eligibleto vote on that matter. ARTICLE IV Meetings 4.1 There shallbe an annual meeting of the membership of the Association.The annual meeting shallbe held ata place specifiedin the notice of the meeting and at a date and hour selectedby the Board of Directors.The notice of the annual meeting may statethose matters thatwill come before the Association for approval. 4.2 Special meeting may be calledat any time upon the initiativeof the President,a majority vote of the Board of Directors,or by a qualifiedPetition(a Petitionsigned by 5%of the membership interesteligibleto vote atthe time the Petitionispresented to any Director, and which specifiesthepurpose(s)forwhich the specialmeeting isbeing requested).Upon receiptof a qualifiedPetition,the notice forsuch specialmeeting shallbe providedby the Board of Directorsor itsdesignated representativewithin 30 days afterreceivinga qualified Petition.Notice of any specialmeeting shallstatethe hour,date and place of the meeting and shallstatethe reason(s)of such meeting,and saidspecial meeting shallbe strictlyconfined to the matters setforthinthe notice. 4.3 Written noticeof allannual and specialmeeting shallbe mailed,emailed,or personallydeliveredby theBoard of Directorsor itsdesignatedrepresentativeto every Member of record no laterthan ten (10)days and not more than fifty(50)days before the date of the meetmg. DECLARATION 5 4.3.1 The record date shallbe the date on which the notice of the meeting isfirst sentto any Member. 4.3.2 The notice of the annual meeting shallinclude a copy of the budget forthe priorcalendar year,with actualincome and expenses included,and a copy of the budget for the next calendar year. 4.4 At the beginning of eitheran annual or specialmeeting of the Association,the presence in person or by proxy of 10%of the membership interesteligibleto vote shall constitutea quorum.Ifa quorum shallnot be presentatany meeting,such meeting shallbe adjourned and may be immediately re-convened,atwhich time thepresence inperson or by proxy of 5%of themembership interesteligibleto vote shallconstitutea quorum. 4.5.Once a quorum is established,unless anothervote isexpresslyrequired,the Association may actby AffirmativeVote. 4.5.1 Notwithstanding anything statedin thisDeclaration,before the TransferDate any vote taken by the Members is an advisory vote.No advisory vote taken by the Members shallbe construedtorequiretheDeclarantor Board of Directorsto actor not act;the Board ofDirectorsshallhave the discretionto determinewhether to act or not actbased on the advisoryvote. 4.5.2 AftertheTransferDate,ifany actionapproved by the Members compels theBoard of Directors to take positive action,the Board of Directors retainsthe final discretionas tothe scope,extent,and specificcharacterofthe actionitisrequired totake. 4.6 All annual and special meetings shallbe presided over by the President,or the Vice -Presidentifthe Presidentisnot present,or by any person electedby Affirmative Vote if neitherthe Presidentnor the Vice-President ispresent. 4.7 Any actionto be taken by the Members may be taken without a meeting ifthe Association deliversa ballot,via mail or email,to every Member eligibleto vote on the matter.The ballotmust setforththe proposed action,provide an opportunityto vote for or againstthe proposed action,indicatethe number of responses needed to meet the quorum requirement,statethe percentage of approvals necessary to approve each matter,and specify the time by which a ballotmust be received in order forthe vote to be counted.Approval by ballotunder thisSection isvalidifthe number of votes castby ballotequals or exceeds the quorum required to be present a meeting,and the number of approvals equals or exceeds the number of votes thatwould be required to approve the matter ata meeting. DECLARATION 6 ARTICLE V Board of Directors 5.1 The Association shallbe governed by the Board of Directors. 5.2 The Board of Directorsshallhave the authorityto acton behalfof the Associationin ordertocarryout the purposes of the Declarationand the Associationand to enforcethe Declaration,Bylaws,Rules and Regulation,and Design Manual,unlessitisaftertheTransfer Date and an action isexpressly reserved forthe Members of the Association, 5.3 The Board of Directorsshallbe made up of threeDirectors. 5.4 The initialBoard of Directorsshallbe appointedby the Declarantforterms ofone,two and threeyears;thatis,one directorfora one year term,one fora two year term and one fora threeyear term.Thereafter,as a term expires,the next term shallbe a threeyear term,thus staggeringtheterms of the Directors.Directorsmay be appointed or elected for successive terms. 5.5 Appointment or Election of Directors. 5.5.1 After recording the Declaration,the Declarant shallappoint threeDirectors. The Declarant shallhave the rightto appoint the Directorsuntilthe Transfer Date.During thistime,the Directorsneed not be Owners or Members of the Association. 5.5.2 At the next annual meeting of the Association afterthe Transfer Date,the Members shallnominate and electcandidates from among the Members to fill the Directorpositionwhose term expiresatthe annual meeting,and so forth each year thereafter. (1)At any meeting atwhich an electionisheld,any Member presentin person atthemeeting may nominate himselfor anotherMember to be on the Board of Directors. (2)The Member receivingthehighestnumber of votes shallbe thenamed as a Director. 5.6 The Board of Directors shallelectthe following officers: 5.6.1 President-The Presidentshallbe electedfrom among the Directors.The President'sterm isone year.The Presidentshalloversee allmeetings of the Association and the Board of Directors.The President shallbe authorizedto sign on behalf of the Association allcontracts,records,documents,and instruments required or necessary to the administrationof the Association or incidentalto the powers of the Board of Directors.The Presidentshallhave all otherpowers expressly or impliedly authorized by the Declaration,the DECLARATION 7 Bylaws,or the Board of Directors. 5.6.2 Vice-President-The Vice-President shallbe electedfrom among the Directors. The Vice-President'sterm isone year.The Vice-President shallexercisethe powers of the President inthe absence of the President.The Vice-President shallhave allotherpowers expressly or impliedly authorized by the Declaration,the Bylaws,or the Board of Directors. 5.6.3 Secretary-The Secretarymay,but isnot required to be,a Director.The Secretaryshallremain in the officeof the Secretaryuntilhe or she resignsor untilthe Board of Directors appoints a differentperson to be Secretary, whichever happens first.At the least,the Secretary shall: (1)Maintain a record of allOwners/Members inthe Association and their membership interests,addresses,and emails; (2)Send,eitherpersonally or through a designated representative,notices of allmeetings of the Association and the Board of Directors; (3)Prepare and maintain minutes of the Association and Board of Director meetmgs; (4)Maintain other records requiredby the Declaration,Bylaws,or the Board of Directors; (5)Sign on behalf of the Association allrecords,documents,and instruments when such are authorized to be signed by the Board of Directors;and (6)Upon request,authenticaterecords of the Association. 5.6.4 Treasurer-The Treasurer may,but isnot requiredto be,a Director.The Treasurer shallremain inthe officeof the Treasurer untilhe or she resignsor untilthe Board of Directors appoints a differentperson to be Treasurer, whichever happens first.At the least,the Treasurer shall: (1)Prepare a proposed budget for each year for review,comment,and approval by the Board of Directors; (2)Keep and maintain adequate and correctaccounts of the accounts, liabilities,receipts,disbursements,gains,and lossesof the Association; and (3)Keep and maintain a record of allassessments,fees,fines,and interest owed by any person to the Association. DECLARATION 8 5.6.5 An officermay hold more than one office. 5.7 Removal of Directors. 5.7.1 Before the Transfer Date,the Declarant has the power to remove any Director forany reason and atany time. 5.7.2 After the Transfer Date,at any meeting of the Association,the Members may remove a Director upon the approval of 75%or more of the membership interestpresent inperson or by proxy.The Members may electthe replacement as setforthin Article5.5.2. 5.8 Vacancy on Board. 5.8.1 Before the Transfer Date,the Declarant has the power to fillany vacancy on the Board of Directors. 5.8.2 After the Transfer Date,any vacancy on the Board of Directors shallbe filledby the affirmative vote of a majority of the remaining Directors,even though lessthan a quorum of the Board of Directors,and any such appointed Director shallhold officefor the unexpired term of his or her predecessor in office. 5.9 Without limitingany power vested in the Board of Director by law or by this Declaration,the Board of Directors shallhave the power to: A.To sue and be sued,complain,and defend inthe Association'sname; B.To purchase,receive,lease,orotherwiseacquireand own,hold,improve,use,maintain, and otherwisedeal with realor personalpropertyor any legalor equitableinterestin property; C.To lease,exchange,and otherwise dispose of allor any part of the Association's property; D.To make contractsand guaranties; E.To incurliabilitiesand pay the expenses of the Association; F.To prepare and approve a budget; G.To establisha reservefund; H.To impose assessments,penalties,fines,fees,interest,attorneys'fees,and costsupon itsMembers and upon the Lots within The Lakes Subdivision as authorizedby the Declaration,the Bylaws,the Rules and Regulations,theDesign Manual,or the law; DECLARATION 9 I.To collectassessments,penalties,fines,fees,interest,attorneys'fees,and costs authorizedby the Declaration,the Bylaws,the Rules and Regulations,the Design Manual,or the law; J.To fileand forecloseliens; K.To care for,manage,control,protect,and maintain the Common Areas,Parks,Park Facilities,Open Spaces,Storm Water Facility,boundary fences,and easements; L.To enforcetheseDeclaration,the Bylaws,Rules and Regulations,and Design Manual; M.To setand callmeeting of the Association,both annual and special,andto preside over such meetings and to give appropriatenoticeof such meeting as requiredby the Declaration or the Bylaws; N.To establishRules and Regulationsto carryout the purposes oftheDeclarationso long as such Rules and Regulations do not conflictwith the Declarationand the Members are provided with 30 days writtennotice (via mail,email,or on the Association's website)of any Rule and Regulation beforeitbecomes enforceable; O.The form committees to assistthe Board of Directorsin carryingout itspowers and authority;and P.To pay forsuch insuranceas may be necessary and in the bestinterestof Association and theBoard of Directors,and to provide for the use and dispositionof the insuranceproceeds inthe event of lossor damage.The extentand specificnature of coverage shallbe determined by the Board of Directors,except thattheBoard of Directorsshallprocure and maintain liabilityinsuranceforthe Association; Q.To pay taxes; R.To dealwith agencies,officers,boards,commissions,departments,and bureaus or other governmental bodies ina federal,state,county,or localbasison behalf of the Association; S.To do allthingsauthorizedby the Declaration,the Bylaws,Rules and Regulations, or theDesign Manual;and T.To do all things necessary or convenient which may serve the interestsof the Association or The Lakes Subdivision or to carry into effectthe Declaration,the Bylaws,Rules and Regulations,the Design Manual or the purposes of theAssociation. 5.10 A meeting of the Board of Directorsmay be calledatany time upon the initiativeof the Presidentor a majority of the Board of Directors. DECLARATION 10 5.11 Notice of any Board of Directors'meeting may be by telephone,mail,email,or personaldeliverytoeach Directoratleast2 days beforethemeeting.The noticeneed not state the purpose(s)of the meeting.A Director may waive the requirednotice by a writing,signed by the Director,and filedin the corporaterecords;or by attendingor participatingin a meeting unless the Director,upon arrivingatthe meeting or before the vote on any matter, objectsto the lack of notice and does not vote for or assentto thataction. 5.12 At the beginning of a Board ofDirectors'meeting,the presence inperson or by proxy of a majority of the Board ofDirectorsshallconstitutea quorum.Any Directormay participate ina meeting through the use of any means of communication by which allDirectorsparticipating may simultaneouslyhear each otherduring themeeting.A Directorparticipatingina meeting by thismeans isconsideredpresentin person atthemeeting. 5.13 Once a quorum isestablished,the Board ofDirectorsmay actupon the affinnativevote of a majorityof Directorspresent. 5.14 Any actionrequired or permitted to be taken by the Board of Directorsmay be taken without a meeting ifthe actionistaken by allDirectors.The actionmust be evidenced by one or more writtenconsents describing the actiontaken,be signed (by regularor electronic signature)by each Director,and filedin the corporate records,or ratifiedby the Board of Directorsat itsnext annual or specialmeeting. 5.15 The Directorsshallnot receiveany monetary compensation,except thatthey shallbe reimbursed for any out-of-pocketexpenses incurredwhile actingintheirofIicialcapacityfor theirservicesas members of the Board of Directors. 5.16 Any Director who actsin good faithon behalf of theAssociation: A.Shallnot be liableto the owners as a resultof theiractivitiesas such for any mistake ofjudgment,negligence or otherwise,except for theirown willful misconduct or bad faith; B.Shallhave no personal liabilityincontractto an Owner or any other person or entityunder any agreement,instrumentor transactionentered intoby them on behalf ofthe Association intheircapacityas such; C.Shall have no personal liabilityintortto any Owner or any person or entity, except for theirown willfulmisconduct or bad faith; D.Shall have no personal liabilityarisingout of the use,misuse or condition of the property which might inany way be assessed againstor imputed tothem as a resultof or by virtueof theircapacity as such. 5.17 Any person made a partyto any proceeding because theperson isor was a Directoror member of the Design Review Panel shallbe defended and indemnified as setforthinSection 35-2-446 through Section35-2-454,MCA,as those statutesmay be amended from time totime. DECLARATION 11 ARTICLE VI Design Manual and Design Review Panel 6.1 Pursuant tothe Second Amendment to the Fourth Amended and RestatedDeclarationof ProtectiveCovenants and RestrictionsforValley West,on fileand ofrecordinthe Gallatin County Clerk and Recorder's Office asDocument No.,Members and Owners are not requiredto comply with ArticleIV (ArchitecturalRegulations),ArticleV (SiteDesign), ArticleVI (Landscape Design),ArticleVII (Design Review Process),and ArticleVIII (Valley West ArchitecturalReview Committee)of theValley West Covenants.Instead,allMembers and Owners shallbe bound by and adhere to theDesign Manual (asamended from time totime)and shallbe subjecttothe authorityof The Lakes atValley West Design Review Panel. In additionto any enforcement powers given toBoard and/orthe Design Review Panel,while the Valley West Subdivisionisunder thejurisdictionof the Valley West Homeowners'Association, allMembers and Owners shallcontinuetobe subjectto ArticleX,Section2,of theValley West Covenants forany violationof theValley West Covenants or the Design Manual. 6.2 All construction,installation,and alterationof allimprovements on thePropertyor any Lot withinThe Lakes Subdivisionshallbe subjecttheDesign Manual and tothe review and approval of The Lakes atValley West Design Review Panel. 6.2.1 Before the TransferDate,except forany provisionthatcannot be changed without theCity of Bozeman's approval,theDeclarantmay adopt,amend,modify,add,or deleteany provisionof the Design Manual; 6.2.2 AftertheTransferDate,except forany provisionthatcannot be changed without theCity of Bozeman's approval,theBoard of Directorsmay adopt,amend, modify,add,or deleteany provisionof theDesign Manual by unanimous vote. 6.2.3 Any amendment,modification,addition,or deletiontotheDesign Manual shall not be effectiveuntil30 days afterthe Members are given noticeof the amendment,modification,addition,or deletion.For purposes ofthisprovision, noticeoftheamendment,modification,addition,or deletionmay be given by mail,email,or by postingthe amendment,modification,additionordeletionon theAssociation'swebsite. DECLARATION 12 ARTICLE VII Assessments 7.1 The Declaranthereby covenants,and each Owner of any Lot by acceptance of a deed therefor,whether or not itshallbe so expressed insuch deed,isdeemed to covenant and agree to pay to theAssociation: (1)Annual Assessments;and (2)SpecialAssessments. 7.2 Assessments may be used topromote the recreation,health,safety,convenience,and welfareof the Associationor the Members;fornoxious weed mitigationand removal;forthe improvement,repair,operation,and maintenance of the Common Area,Open Space,Parks,Park Facility,Storm Water Facility,easements,sidewalks,woonerfs and alleys,or any otherareafor which the Associationisor may be responsiblefornow or inthefuture;to defray,inwhole or in part,the costof any construction,reconstruction,gravel,paying,repairor replacement of a capitalimprovement upon the Common Area,Open Space,Parks,sidewalks,trails,woonerfs and alleys,easements,or any otherareaforwhich the Associationisor may be responsiblefornow or inthefuture,includingfixturesand personalpropertyrelatedthereto;to establishreservesfor any reason;formaking and collectingassessments;forpaying taxesand insurance;forenforcing the Declaration,Bylaws,Rules and Regulations,or Design Manual;to assistthe Board of Directorsor Design Review Panel incarryingout theirpowers and authorities;forany other purposes,expressor implied,inthisDeclaration,the Bylaws,the Rules or Regulations,or the Design Manual;and forany otherpurpose deemed reasonableand necessaryby theBoard of Directors. 7.3 The Board of Directorsshallhave the power to levy Annual and Special Assessments on itsMembers. 7.3.1 Annual Assessments shallbe fixedby the Directorsata uniform rateforeach Lot, exceptthe Directorsmay fixa differentuniform rateforimproved and unimproved Lots. 7.3.2 SpecialAssessments shallbe fixed at the same ratefor each Lot affectedby the SpecialAssessment. 7.4 The Annual and SpecialAssessments shallbe due on thedatedetermined by the Board of Directors,exceptthatthe Board of Directorsor itsdesignatedrepresentativeshallprovide notice of the amount and due date of the Annual and SpecialAssessments to the Owner of each Lot at least30 days beforethe due date of each Annual Assessment,and atleast90 days beforethe due dateforeach SpecialAssessment. 7.5 No Owner may waive or otherwiseescape liabilityfortheAssessments provided forherein by non-use of thePropertyor by abandonment of hisor her Lot. DECLARATION 13 7.6 Untilsuch time as The Lakes Subdivisionisremoved from thejurisdictionofthe Valley West Homeowners'Association,any Owner assessedhereunder shallbe subjectto an additional assessmentby the Valley West Homeowners'Association,which isassessedand collected pursuantto theValley West Covenants.Payment of such assessmentsdoes not alleviateor offset theassessmentsrequiredby thisDeclaration. 7.7 Notwithstanding anything containedinthisDeclaration,the Declarantshallnot be requiredtopay any assessmentson any Lot or Propertyowned by theDeclarantunlessthe Declarantor itsagents,representatives,members,or employees resideon the Lot. ARTICLE VIII Fees 8.1 The Board ofDirectorsshallhave the power to establishand charge fees forany service provided to any Owner (such servicesmay but are not requiredto include,lawn maintenance, weed maintenance,snow removal,design review,etc.),or for any other reason permitted by the Declaration,the Bylaws,the Rules and Regulations,or the Design Manual. 8.2 The fees may be used in any manner that the Board of Directors,in itsdiscretion, believesbenefitsthe Association. 8.3 Fees are due in an amount and on the due date establishedby the Board ofDirectorsor as otherwise setforthintheDeclaration,Bylaws,Rules and Regulations,or Design Manual. ARTICLE IX Property Use 9.1 Municipal Regulations.All land use regulationsand allotherlaws,rules,and regulations of any government or agency under whose jurisdictionthe land liesare consideredto be partof thisDeclaration and enforceablehereunder;and allof the Owners of saidlandsshallbe bound by such land use regulationsand other laws,rules,and regulations.In the event thereis a conflict between the Declaration and the applicableland use regulationsand other laws,rules,and regulations,the most restrictiveshallcontrol. 9.2 Re-Subdivision.There shallbe no furtherdivisionof the Lots withoutthe consentof the Board of Directors. 9.3 ResidentialUse.The Lots shallbe restrictedto residentialuses only.There shallbe no commercial businessconducted on any Lot,except that"cottageindustries"may be conducted in the dwelling or within an appurtenantbuildingby an Owner residinginthe dwellingor any of the Owner's immediate family residingin thedwelling.A "cottageindustry "means a business where the publicdoes notpurchase merchandise on a retailbasison the Lot,and such commercial use isclearlyincidentaland secondary to the use of the Lot as a residence. 9.4 Wildlife.No hunting of,shootingator harassingof birds,animals or any wildlifewillbe permitted.Skunks,gophers and rodentsmay be trapped;however,poison may not be used. DECLARATION 14 9.5 Animals.No animals,except dogs,cats,chickens,or small in-housepets,arepermittedon the Lots.Owners may comply with allstate,city,and localrulesregardinganimals kept on any Lot.Owners shallpick up aftertheiranimals and shallnot allow theiranimals toroam freeon any otherLot. 9.6 Lot Maintenance.Each Owner isrequiredto maintain his or her Lot,whether developed or undeveloped,in a neat and orderlyfashion.This includesbut isnot limitedto maintainingthe landscape,mowing,trimming,weeding,mitigatingand removing noxious weeds,and othersimilar maintenance and upkeep. 9.7 BuildingMaintenance.Each Owner isrequiredtomaintain any structure(buildings,fences, walls,etc.)on theOwner's Lot ina neatand orderlyfashion.This includesbut isnot limitedtore- painting,re-staining,re-roofing,and othersimilarmaintenance and upkeep. 9.8 Woonerfs and Alleys.Each Owner shallmaintain the alleyright-of-wayadjacentto the Owner's Lot.This includesbut isnot limitedto pickingup and appropriatelydisposingof garbage, trash,debris,and otherwaste and mowing and trimming the alleyright-of-way. 9.9 Refuse. 9.9.1 No junk,garbage,trash,debris,materials,equipment,or otherwaste shallbe allowed to accumulate on any Lot or originatefrom any Lot;exceptthatduring theperiodof constructionapproved by theDesign Review Panel,temporary accumulationsmay be allowed but they shallatalltimes be kept in an orderly, clean,and sanitaryconditionand screened from view,and shallbe disposed of regularly. 9.9.2 There shallbe no incinerationorburning ofjunk,garbage,trash,debris,materials, equipment,or otherwaste on any Lot. 9.9.3 All garbage and trashrequirementsof the City of Bozeman shallbe observed. 9.9.4 All garbage and trashthatisstoredoutsideshallbe kept in a City-approved container.Except on garbage pick-upday,garbage containersshallbe kept inthe garage or otherenclosuredirectlyadjacentto a structureor fence. 9.9.5 Inadditionto any otherremedy allowed under thisDeclaration,theRules and Regulations,the Design Manual,or atlaw or inequity,ifan Owner violatesany partof thisSection,the Board of Directors,aftertwenty-fourhours'notice,may cause thejunk,garbage,trash,debris,materials,equipment,or otherwaste to be controlled,collected,and/or removed,assessthe Owner of the Lot forall attorney'sfeesand costsrelatedthereto,and charge a fine. 9.10 Junk Vehicles.No junk vehiclesor unusable machinery or equipment shallbe parked outsideon any Lot or placed on any road.A "junk vehicle"means one which has not been DECLARATION 15 licensedforseveralmonths or isinan inoperablecondition."Unusable machinery or equipment" means thatwhich isnot in operablecondition. 9.11 Signs.Only the followingsignsmay be erectedon the exteriorof any Lot: (1)Signs which identifythe Owner of theLot; (2)"For Sale"signson a Lot being sold; (3)Politicalsigns,forup to 30 days beforean electionand 2 days afterthe election;and (4)Signs placed by the Declarant and/or Association at any entrance(s)to The Lakes Subdivisionto identifythe subdivisionand/orneighborhood. 9.12 Automobiles and Vehicles. 9.12.1 "Automobile"means a two,three,or four door passenger vehicle,sportsutility vehicle,or pick-up truckwith or without a canopy cover or topper,or a moped or motorcycle,which isprimarilyused fortransportinga small number ofpeople over publichighways. 9.12.2"Vehicle"means any boat,trailer,snowmobile,motor home,mobile home, recreationalvehicle,off-highway vehicle,or othersimilarequipment. 9.12.3 Only one Vehicle per Lot isallowed to be stored/parkedoutsideof a garage on that Lot,and any such Vehicle parked/stored outside of a garage shall only be parked/storedon a designatedconcrete or gravelpad.The designatedconcreteor gravelpad shallonly be adjacenttothe alley.No Vehicle shallbe parked/storedin a driveway or infronta house. 9.12.4 No Automobile or Vehicle shallobstructpedestriantraffic. 9.12.5 All Automobiles and Vehicles shallalsocomply with alllocaland statelaws. 9.12.6 In additionto any other remedy allowed under the Declarationor the Rules and Regulations,owners of Automobiles or Vehicles parked in violationof this Declaration may be asked in writing or by placing a written notice on the Automobile or Vehicle to comply with this Declaration and/or to immediately remove the Automobile or Vehicle.Ifthe Automobile or Vehicle isnot removed within 24 hours of notification,the Board of Directors or its authorized representativemay cause theAutomobile or Vehicle tobe towed and impounded at the expense of the owner,assessthe Owner of the Lot for allattorney'sfees and costsrelatedthereto,and charge a fine. 9.12.7 Notwithstanding anythingtothecontrary,theBoard or itsauthorizedrepresentative may cause an Automobile or Vehicle tobe towed immediately withoutnotification DEcLARATIoN 16 if the Board or itsauthorizedrepresentativedetermines thatthe Automobile or Vehicle impedes emergency vehiclesorrepresentsa threattohealthand safety.The Board of Directorsmay have the Vehicle towed and impounded atthe expense of the owner,assess the Owner of the Lot for allattorney'sfees and costsrelated thereto,and charge a fine. 9.13 Conduct.Each Owner,whether present or not,shallbe responsiblefor his or her own conduct and forthe conduct of hisor her finnily,occupants,guests,invitees,licensees,and tenants while on the Owner's Lot or within The Lakes Subdivision.Each Owner and his or her family, occupants,guests,invitees,licensees,and tenantsshallconduct themselves in a manner so as not to disturbthe peacefulpossessionof another Owner's Lot or the use of othersof the Common Areas,Open Spaces,or Parks.Itisa violationof thisDeclarationto allow noiseto emit beyond the Owner's Lot boundary ata levelthatdisturbsone or more persons. 9.14 Tenants.Each Owner is responsible for the Owner's tenants,and is responsiblefor providing a copy of the Declaration,Rules and Regulations,and Design Manual to the tenants. Upon the Board of Director'srequest,the Owner shallprovide the Board of Directorswith each Tenant'sname,address,and telephone number. 9.15 Nuisance.No nuisance of any type or nature shallbe permitted to existupon any Lot, Common Area,Open Space,or Park.A "nuisance"includes,but isnot limitedto,any actionor conduct or thing which,in the Board of Director'ssolediscretion,disturbsor interfereswith the peacefuluse,occupancy,or enjoyment of any Owner,occupant,guest,invitee,licensee,or tenant inThe Lakes Subdivision.Every Owner isresponsiblefortheactionand conduct oftheOwner and the Owner's family,occupants,guests,invitees,licensees,and tenants. 9.16 Sidewalks.Notwithstanding anything contained in this Declaration,every Owner is responsibleformaintainingtheOwner's sidewalklocatedon,adjacentto,and between theOwner's Lot and the nearestright-of-way."Maintain"includes,but isnot limitedto,snow removal. ARTICLE X Agricultural Uses 10.1 Lot Owners and residentsof The Lakes Subdivision are informed thatadjacent uses may be agricultural.Lot Owners accept and are aware thatstandard agriculturaland farming practicescan resultin dust,animal odors and noise,smoke,flies,and machinery noise. Standard agriculturalpracticesfeaturethe use of heavy equipment,chemical sprays,and the use of machinery earlyinthe morning and sometimes lateintothe evening. 10.2 All fences bordering agriculturallands shallbe maintained by the landowners in accordance with statelaw. DECLARATION 17 ARTICLE XI Common Areas,Parks,Open Spaces,Easements, and Designated Sidewalks I1.1 The Declarantshallinstallor cause to be installedor constructedthefollowing improvements:The mainlinesfortelephone,power and gas shallbe connected up to themain utilitylinesinthe area and Declarantshallinstallsuch utilitylinesnear each Lot withinthe utility orroad easements or Common Areas shown on the siteplans.The streetsshown on the siteplan shallbe installedin accordance with thepresentCity of Bozeman requirementsforsuch a subdivision.Storm Water Facilitiesand Park Facilitiesas requiredunder theCity of Bozeman approved infrastructureand park facilityplans,includingany such Storm Water Facilitiesand Park Facilitiesrequiredinthe R Lots shown on theFinalPlatforPhases I and 2 of theLakes at Valley West.Such otheramenitiesas theDeclarantdeems appropriateor as requiredby Gallatin County. 11.2 The Declarantreservesand retainsthroughout The Lakes Subdivisionthereasonableand necessaryeasements and encroachment rightstoinstall,move,maintain,repair,and remove the utilitiesservicelines,includingsewer and water lines,improvements and amenitiesmentioned in Section 11.1,and forotherservicelinesand utilityand cableservices,whether presently availableornot,inthe Common Areas,Parks,Park Facilities,Storm Water Facilities,and Open Spaces along theeasements reservedor delineatedon therecorded subdivisionmap.The Declarantor the Board of Directorsmay grantsuch easements to thirdpartiesas necessaryfor installation,moving,maintenance,repair,or removal of any servicelinesor improvements inthe Common Areas,Parks,Park Facilities,Storm Water Facilities,and Open Spaces.. 11.3 Afterthe TransferDate,only the Valley West Associationand the Association,acting through theirrespectiveBoards,shallhave the rightsand reservationssetforthinSection11.1 and Section 11.2. I1.4 City sewer and water lines,power,naturalgas,cabletelevision,and telephoneservice linesareprovided to each Lot.The Owners shallbe responsibleand have the obligation,atits cost,to installand hook up the utilityand servicelinesfrom the main linesto thebuildingsand improvements on theLot.All utilitylinesshallbe underground.Privateutilitiesarethe responsibilityof the Owner.The Owners shallpay forallserviceand use charges billedby the utilityand servicecompanies fortheuse and consumption oftheutilities. 11.5 After the initialinstallationof the improvements in the Common Areas,Parks,and Open Spaces by the Declarant,the Association,iftheValley West Associationdoes not or isno longer obligatedto,shallbe responsibleforand have theobligationtomaintain theCommon Areas,Parks and Open Spaces in good conditionand repairand as setforthon the Final Platof The Lakes Subdivision.This includestheresponsibilityto controlnoxious weeds and to maintainsidewalks in the Common Areas,Parks,and Open Spaces,including snow removal.The cost of such maintenance shallbe a partof the annual budget forthe Associationtobe assessedtothe Owners. 11.6 Common Area Easement.The Declarant,the Owners and theirguestsand invitees,and the publichave a perpetualnonexclusive easement of ingressand egressthrough the Common Area, DECLARATION 18 Parks,and Open Space.This covenant shallnot be changed without the writtenapproval of the City of Bozeman. 11.7 Other Easement.The Association,by and through the Board of Directorsor itsdesignated representative,shallhave the right,but not the obligation,to enterupon any Lot foremergency, security,or safetyreasons,or toperform maintenance incompliance with the Declaration,Bylaws, Rules and Resolutions,or Design Manual,which rightmay be exercisedby any member of the Board of Directorsor theirdesignated representative,and allpoliceman,firemen,ambulance personnel,and similaremergency personnelintheperformance of theirduties. ARTICLE XII Additional Covenants Required by the City 12.1 Every Owner shallcause to be constructedcitystandard sidewalks (includinga concrete sidewalk section through all private drive approaches)on all public and private street frontagespriortothe occupancy of any structureon individualLots.Upon the thirdanniversary of the finalplatrecordationof a Lot Owner's phase of The Lakes Subdivision,any Lot Owner within thatphase who has not constructedthe required sidewalk shall,without furthernotice, construct within 30 days the sidewalk for his or her Lot(s),regardlessof whether other improvements have been made upon the Lot. 12.2 The Open Space within The Lakes Subdivision,as designatedon a finalplator approved PUD siteplan,shallbe preserved inperpetuity. 12.3 After the installationof the Storm Water Facilityand the Parks Facilityby the Declarant, the Association,ifthe Valley West Associationdoes not or isno longer obligatedto,shallbe responsibleforand have the obligationto maintainthe Storm Water Facilityand Park Facilitiesas shown on the City of Bozeman approved infrastructureand park plans,includingthe R Lots as shown on the Final Plat for Phases I and 2 of The Lakes at Valley West.The cost of such maintenance shallbe a partof the annual budget forthe Associationtobe assessedtothe Owners. 12.3 The Board of Directorsshallincludeintheassessmentsan amount necessaryto pay forthe taxes,insurance,maintenance,upkeep,and repairof allParks,Open Space,sidewalksinParks and Open Spaces,Woonerfs and alleys,thatarerequiredtobe maintained by the Association. 12.4 Ifthe Associationfailsto maintain the Parks and Open Spaces in reasonableorder and condition in accordance with the City of Bozeman's approved plan,the City may enforce the covenant pursuantBozeman Ordinance Section38.38.030(8). 12.5 Drainage plans shallbe requiredforeach Lot as partof a Lot Owner's applicationfora buildingpermit from the City of Bozeman. DECLARATION 19 ARTICLE XIII Enforcement 13.1 For any violationor threatened violationof the Declaration,Bylaws,Rules or Regulations,or Design Manual,the Board of Directors (on behalf of the Association)or any Owner may bring a legalproceeding formonetary,injunctive,and/or other reliefand damages.The prevailingparty shallbe entitledto an award of allattorney fees (including fees for fees and fees on appeal)and allcosts and expenses relatedto or arisingfrom the issuesraisedinthe proceeding. 13.1.1.Beforethe Board of Directorsmay being a legalaction,the Board of Directors shallprovide notice of the violationor threatenedviolationto the Owner. 13.1.2.The notice shallspecify the violationand the time period in which the violationmust be cured. 13.1.3.The notice shallbe served upon the Owner via mail,email,or personal delivery.The notice isdeemed served on the date itispersonally deliveredor emailed,or 3 days afteritismailed,whichever date comes first. 13.1.4.The Lot owner has 10 days afterserviceof the noticeto submit a writtenletter to the Board of Directors settingforthallof the reasons why the Owner believesa violationhas not occurred.The Owner shallattachto the letterall documentary evidence and,ifapplicable,a listof witnesses in support of the Owner's position. 13.1.5.Ifthe Owner submits a timely writtenresponse,the Board of Directorsshall review the Owner's response and determine whether a violationhas occurred. Ifthe Owner failstotimely submit a writtenletterto the Board of Directors, then the violationwillbe deemed to have occurred. 13.1.6.Ifa violationisdeemed to have occurred,any actionor proceeding authorized by the Declaration,these Bylaws,the Rules and Regulations,the Design Manual,or by law or equity may be taken againstthe Owner and/orthe Lot. Such actionmay include,but isnot limitedto any or allof the following: suspending voting rights,assessing fines,charging interest,filinga lien,filing a lawsuit,and assessingpayment for allattorneyfees and allcostsand expenses. 13.1.7.Even ifa violationisdetermined or deemed to have occurred,the Board of Directorsmay make a businessjudgment decisionto not take actionor initiate a proceeding againstthe Lot owner. 13.2 The Board of Directors (on behalf of the Association),may also record alien any Lot owned by the Lot Owner for allunpaid assessments,fees,fines,attorneyfees,othercosts and expenses,and intereston alloutstanding amounts owed at the rateof 12%per annum. DECLARATION 20 Said lienshallbe a charge on any Lot owned by the Owner and shallbe a continuinglienuntil allamounts owed arefullypaid. 13.2.1 Such lienshallbe superiorto allother liensand encumbrances,except for tax and specialassessment liensplaced by a statutoryauthority,otherstatutory 1.lens. 13.2.2 Such lienshallattachfrom the datethenoticeof the assessment,fee,or fineis firstserved,the date itfirstbecomes due,orthe date the lienisfiled,whichever happens first. 13.2.3 The Board of Directorsmay foreclosethe lienagainsttheLot inthemanner set forthunder Montana law forthe foreclosureof liensagainstrealproperty,and may alsobring an action againstthe Owner personally obligatedtopay all such amounts. 13.3 Any money due on a Lot or owed by an Owner that remains unpaid at the time the Owner's Lot ispurchased by or transferred to a successive owner,shallalso be the personal obligation of any successive owner,regardless of the factthat the amount first became due while the Lot was owned by a prior owner.Every successiveowner has a duty to contact the Association'sBoard of Directors before taking titleto a Lot to learn if there are any unpaid amounts due on the Lot or against the prior owner. 13.4 In additiontothe remedies outlinedinthisArticle,the Board of Directors(on behalfof theAssociation)reservesthe rightto assertand/orpursue any otherremedy inwhich itmay be entitledto under the Declaration,theseBylaws,the Rules and Regulation,theDesign Manual,or atlaw or inequity. 13.5 Failureto Enforce Covenants.The failureby to enforceany provisioncontainedinthis Declarationshallnotbe deemed a waiver or inany way prejudicetherightsto laterenforcethat same provisionorany otherprovision. ARTICLE XIV Annexation 14.1 At any time beforethe TransferDate,the Declarant shallhave theright,from time totime and initssolediscretion,toannex tothe Propertyand to includewithinthisDeclarationallor partof any propertythatiscontiguousto any partoftheProperty.Right-of-ways,such as streets and alleys,do not prevent propertyfrom being consideredcontiguous. 14.2 Notwithstanding anything statedinthisDeclaration,any annexationauthorizedin Section 14.1,above,may be made by the recordingof one or more supplemental declarationssignedby the Declarant.At theleast,a supplemental declarationshallcontain:(1)thelegaldescriptionof the propertyto be annexed;(2)a statementthatthe annexed propertyisdeemed a partof the Propertyand subjecttotheDeclaration;(3)and a statementthatallowners of any lotinthe annexed propertyshallautomaticallybe a member of the Association. DECLARATION 21 14.3 The annexation shallbecome effectiveupon being recorded with the GallatinCounty Clerk and Recorder. 14.4 In any propertyisannexed to the Propertypursuant tothe provisionsofthisArticle,then such propertyshallbe consideredwithin.thedefinitionof Propertyforallpurposes of this Declarationand each owner shallbe deemed a member of the Associationsubjecttoallrightand responsibilitiessetforthinthisDeclaration. ARTICLE XV Notice 15.1 Whenever noticeisrequiredunder thisDeclaration,unlessotherwisestatednoticeshall be deemed servedifnoticeisgiven by mail to the owner's lastknown address,email to the Owner's lastknown email address,or personal delivery.The noticeisdeemed served on the date itispersonally deliveredor emailed,or 3 days afteritismailed,whichever date comes first.The ARTICLE XVI Miscellaneous Covenants 16.1 Term of Declaration.The term of thisDeclarationshallbe perpetual,exceptthatany time aftertheTransferDate,95%of the membership interestmay signa document toterminatethe Declaration.Said terminationshallnot take effectuntilthe document and allof therequired signaturesarerecorded inthe GallatinCounty Clerk and Recorder's Office. 16.2 Amendment. 16.2.1Before theTransferDate,except forthosecovenants requiredby theCity of Bozeman under ArticleXII,theDeclarantmay amend,modify,add,or deleteany provisionof thisDeclaration,inwhole or inpart.The amendment,modification, addition,or deletionshallnot takeeffectuntilitisrecorded with theGallatin County Clerk and Recorder and noticeprovided to allMembers.For purposes of thisprovision,noticeincludespostingthe amendment,modification,addition,or deletionon theAssociation'swebsite. 16.2.2Afterthe TransferDate,except forthose covenants requiredby the City of Bozeman under ArticleXII,the Associationmay amend,modify,add,or delete any provisionof thisDeclarationupon the approvalof 75%ofthemembership interestpresentata meeting inperson or by proxy.The amendment,modification, addition,or deletionshallnot take effectuntilitissigned by thePresident, recorded inwith GallatinCounty Clerk and Recorder,and noticeprovided to all Members.For purposes of thisprovision,noticeincludespostingtheamendment, modification,addition,or deletionon theAssociation'swebsite. DECLARATION 22 16.3 Invalidation.Invalidationof any one of provisionor partof any provisionofthis Declarationby judgment or by Court order shallinno way affectany oftheotherprovisionsor portionsof any provision,allof which shallremain infullforceand effect. 16.4 The Board of Directorsshallhave the power to interpretallof the provisions of this Declaration,and such interpretationshallbe binding on allpersons. IN WITNESS WHEREOF,theDeclaranthas hereunto setitshand as ofthis day of to r ,2015. The Lakes atValley West,LLC By: J es M.Kilday Its:uthorizedRepres ve STATE OF MONTANA ) :ss. County of Gallatin ) On this 13 day of Chiobs r ,intheyear 20 ,beforeme,aNotary Publicforthe StateofMontana,personallyappearedJames M.Kilday,known tome tobe theperson whose name(s) is/aresubscribedto the within instrument,and acknowl to me thathe/she/theyexecuted the IN WITNESS WHEREOF,Ihave hereuntosetmy hand and affixedmy officialsealtheday and yearhereinabovefirstwritten. adesprae .ne'cr-es race (printname) Notary Publicforthe Stateof Montana Residingat "$tivrak ,Montana (NOTARIAL SEAL)My Commission expires:Mart,L .4 .co@ efff',,CHRISTIELEESTANDIFORD '-,NotaryPublic SOTAftySk fortheStateofMontana -oE Residingat:*'SEAL *f selgrade,Montana'---My CommissionExpires: of March26,2019 DECLARATION 23