DECLARATION OF COVENANTS AND RESTRICTIONS OF STUMBERG OAKS, FIRST FILING STATE OF LOUISIANA PARISH OF EAST BATON ROUGE

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1 DECLARATION OF COVENANTS AND RESTRICTIONS OF STUMBERG OAKS, FIRST FILING STATE OF LOUISIANA PARISH OF EAST BATON ROUGE On this 18 day of October, 19 90, Before Me, R. J. Calongne, Jr., Notary Public in and for East Baton Rouge Parish, Louisiana, personally came and appeared. CLARK W. TAYLOR, INC., a corporation organized under the laws of Louisiana having its registered office In the Parish of East Baton Rouge, appearing herein through its Agent, duly authorized by virtue of the resolution of the Board of Directors of said corporation, a copy of which is attached hereto and made a part hereof, Its mailing address declared to be Jefferson Highway, Baton Rouge, Louisiana (the First Declarant ) together with the one (1) or more other declarants who have executed this act by their written counterparts which may be attached hereto, hereinafter collectively called Declarant who, each after being duly sworn declared: WHEREAS, Declarant is the owner of all of the Immovable property hereinafter described in this Declaration and desires to create thereon a residential subdivision with permanent open spaces and other common facilities for the benefit of the said subdivision; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said subdivision and for the maintenance of said common facilities; and to this end, desires to subject the Immovable property more particularly hereinafter described, together with such additions as may hereafter be made thereto (as is also hereinafter described) to the covenants, restrictions, servitudes, charges, liens and privileges hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Declarant has deemed It desirable, for the efficient preservation of the values and amenities in said subdivision, to create an agency to which should be delegated and assigned the powers of maintaining, administering and enforcing these covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has incorporated under the laws of the State of Louisiana, as a nonprofit corporation, the STUMBERG OAKS FIRST FILING HOMEOWNERS ASSOCIATION, INC., for the purpose of exercising the functions aforesaid; NOW THEREFORE, Declarant hereby declares and submits that the following described property (generally described as LOT NUMBERS 1A, 3A, 5A, 6A, 7A, 9A, 11A, 12A, 14A, 16A, 18A, 58A, 59A, 61A, 63A 65A, 66A, 68A, 70A, 72A, and 74A, STUMBERG OAKS FIRST FILING, together with the common areas associated with Stumberg Oaks Subdivision, hereinafter called the Properties, which does not include LOT NUMBER 76A, which is not subject to these restrictions nor subject to assessment by the Association as hereinafter provided) shall be held, sold and conveyed subject to the following servitudes, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Immovable property and be binding on all parties having any right, title or Interest in the described Properties or any part thereof, their heirs, successors and assigns, and shall Inure to the benefit of each owner thereof, to-wit: 1

2 A certain tract or parcel of land, together with all the buildings and Improvements thereon, situated in the 3 rd Ward of the Parish of East Baton Rouge, Louisiana, containing eight (8) acres, more or less, located in Section 81, T78, R2E, C.L.D. and being more particularly described according to a map showing survey of a forty (40) acre tract and a forty-eight (48) acre tract made by A. C. Mundinger, C.E. and Surveyor, dated April 8, 1946, as follows, to-wit: Beginning at a point 919 feet north 1 West of the Southwest corner of Section 81, T79, R2E, thence North 1º West along the West line of the above referred to forty-eight and 6/10 (48.6) acre tract a distance of 210 feet and corner; thence in an Easterly direction along a straight line to a point in the East line of the said 48.6 acre tract which point is 210 feet North of the Southeast corner of said 48.6 acre tract and corner; then South 0º 30 West along the East side line of said 48.6 acre tract a distance of 210 feet and corner; thence South 89º 37 West along the South line of said 48.6 acre tract a distance of 1,688 (feet to a point of beginning: thus forming a plot of ground with an East line of 210 feet and a North line thereunto belonging as described according to the above referred map. LESS AND EXCEPT: Thirty-eight (38) certain Lots or parcels of ground, designated as LOT NUMBERS TWENTY (20) through FIFTY-SEVEN (57), Inclusive, STUMBERG OAKS SUBDIVISION, as more particularly designated according to the official subdivision map, on file and of record in the office of the Clerk and Recorder for the Parish of East Baton Rouge, State of Louisiana; (the same being the existing LOT NUMBER TWENTY (20), STUMBERG OAKS SUBDIVISION, together with all of the presubdivided lots of STUMBERG OAKS, SECOND FILING, said Parish and State, as designated on the map entitle Resubdivision of Lots 21 thru 57 into Lots 23A, 25A, 27A, 28A, 30A, 32A, 34A, 36A, 38A, 39A, 40A, 42A, 44A, 45A, 47A, 49A, 51A, 52A, 54A, 56A & 57A of Stumberg Oaks Subdivision, 2 nd Filing for Clark W. Taylor, Inc., Being a portion of the original Mary E. Eberhart property located in Section 81, T7S, R2E, C.L.S., East Baton Rouge, La. As prepared by Decoteau Engineers, Inc. dated January 26, 1990, which plat is of record in the Official Records for the Parish of East Baton Rouge, State of Louisiana) and One (1) certain Lot or parcel of ground designated as LOT NUMBER SEVENTY-SIX-A (76A) STUMBERG OAKS FIRST FILING, said Parish and State, as more particularly designated as designated on the map entitled Resubdivision of Lots 1 thru 19 into Lots 1A, 3A, 5A, 6A, 7A, 9A, 11A, 12A, 14A, 16A, 18A, & Lots 58 thru 76 Into Lots 58A, 59A, 61A, 63A, 65A, 66A, 68A, 70A, 72A, 74A and 76A, of Stumberg Oaks Subdivision, 1 st Filing, for Clark W. Taylor, Inc., Being a portion of the original Mary E. Eberhart property located in Section 81, T7S, R2E, C.L.S., East Baton Rouge, La. as prepared by Decoteau Engineers, Inc. dated January 26, 1990, which plat is of record in the Official Records for the Parish of East Baton Rouge, State of Louisiana. Each Declarant hereby agrees and consents to the revocation and amendment of the Declaration of Protective Restrictions, Covenants and Conditions Applicable to Stumberg Oaks Subdivision, Lots 1 thru 76, Inclusive which was made by Baton Rouge Petroleum Center, Inc. on September 20, 1984 and recorded as Original 377, Bundle 9707, Official Records of the Parish of East Baton Rouge, Louisiana (the Prior Restrictions ) and the said Prior Restrictions are canceled in their entirety (I.e. with respect to all property which had been subjected to said Prior Restrictions whether or not the same is subject to these restrictive covenants). 2

3 ARTICLE 1 DEFINITIONS 1.1 Association. Association shall mean and refer to the STUMBERG OAKS FIRST FILING HOMEOWNERS ASSOCIATION, INC, its successors and assigns. 1.2 Owner. Owner shall mean and refer to the record owner, whether one (1) or more persons or entities, of a fee simple title in full ownership to any Lot which is a part of the Properties, Including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.3 Properties. Properties shall mean and refer to that certain Immovable property hereinabove described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association or made subject to this Declaration. 1.4 Common Area. Common Area shall mean all Immovable property, together with all Improvements thereon, owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described as follows, to-wit: All of that property, together with the buildings and Improvements thereon, hereinabove dedicated and submitted to these servitudes, restrictions, covenants and conditions. LESS AND EXCEPT: Twenty-One (21) certain lots or parcels of ground, together with all buildings, Improvements and appurtenances thereon situated in that subdivision of the Parish of East Baton Rouge, State of Louisiana, known as STUMBERG OAKS, FIRST FILING, designated on the map entitled Resubdivision of Lots 1 thru 19 into Lots 1A, 3A, 5A, 6A, 7A, 9A, 11A, 12A, 14A, 16A, 18A & Lots 58 THRU 76 INTO Lots 58A, 59A, 61A, 63A, 65A, 66A, 68A, 70A, 72A, 74A, & 76A of Stumberg Oaks Subdivision, 1 st Filing, for Clark W. Taylor, Inc., Being a portion of the original Mary E. Eberhart property located in Section 81, T7S, R2E, C.L.S., East Baton Rouge, La. As prepared by Decoteau Engineers, Inc. dated January 26, 1990, which plat is of record in the Official Records for the Parish of East Baton Rouge, State of Louisiana, said lots being designated on said plat as LOT NUMBERS 1A, 3A, 5A, 6A, 7A, 9A, 11A, 12A, 14A, 16A, 18A, 58A, 59A, 61A, 63A, 65A, 66A, 68A, 70A, 72A, 74A, STUMBERG OAKS, FIRST FILING; said lots having such measurements and dimensions as shown on said map. 1.5 Lot. Lot shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. 1.6 First Declarant. First Declarant shall mean and refer to the corporate Declarant first mentioned hereinabove, Its successors and assigns if such successors or assigns shall acquire more than one (1) undeveloped Lot from the First Declarant for the purpose of development. 3

4 ARTICLE 2 PROPERTY RIGHTS 2.1 Owner s Servitudes of Enjoyment. Every owner shall have a right and servitude of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area, if any. (b) The right of the Association to suspend the voting rights and rights to the usage of the recreational facilities by any Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members, however, no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by twothirds (2/3) of each class of members has been recorded; and ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS 3.1 Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. 3.2 The Association shall have two (2) classes of voting membership, namely: (a) Class A. Class A members shall be all Owners with the exception of the First Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an Interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) Class A vote be cast with respect to any Lot. (b) Class B. Class B members shall be the First Declarant, Including any assignees thereof, and shall be entitled to three (3) votes for each Lot owned by it. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (I) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (II) after two (2) years following the date of this Declaration. 4

5 ARTICLE 4 COVENANT FOR MAINTENANCE ASSESSMENTS 4.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants and each Owner of any Lot by acceptance of a conveyance therefor, whether or not it shall be so expressed in such conveyance, is deemed to covenant and agree to pay to the Association both annual assessments or charges, and special assessments for capital Improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments and, if delinquent, together with Interest, costs, and reasonable attorney s fees of not less than $100.00, shall be a charge on the land and shall be a continuing lien and privilege upon the property against which each such assessment is made. Each such assessment, together with such Interest, costs, and reasonable attorney s fees of not less than $100.00,shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not, however, pass to an Owner s successors in title unless expressly assumed by them. 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the Improvements and maintenance of the Common Area and of the homes situated upon the properties. 4.3 Maximum Annual Assessment. Until January 1 of the year Immediately following the execution of this declaration, the maximum annual assessment shall be THREE HUNDRED SIXTY AND NO/100 ($360.00) DOLLARS per lot. (a) (b) (c) From and after January 1 of the year Immediately following the execution of this declaration, the maximum annual assessment may be Increased each year not more than five (5%) percent above the maximum assessment for the previous year without a vote of the membership. From and after January 1 of the year Immediately following the execution of this declaration, the maximum annual assessment may be Increased above five (5%) percent by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum. 4.4 Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, In whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital Improvement upon the Common Area, Including fixtures and movable property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 5

6 4.5 Notice and Quorum for Any Action Authorized Under Sections 4.3 and 4.4. Written notice of any meeting called for the purpose of taking any action authorized under Section 4.3 or 4.4 of this Declaration shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of the members or of proxies entitled to cast sixty (60%) percent of all of the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 4.6 Uniform Rate of Assessments. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. 4.7 Date of Commencement of Annual Assessments and Due Dates. The annual assessments provided for herein will commence as to all Lots on the first day of the month following the conveyance of the Common Area to the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the said Board of Directors. The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of Its Issuance. 4.8 Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear Interest from the due date at the rate of six (6%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of his Lot. 4.9 Subordination of the Lien to Mortgages. The lien and privilege of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien and privilege of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien and privilege thereof Other Exempt Property. All Properties dedicated to and accepted by a local public authority and all Properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Louisiana shall be exempt from the assessments created herein, except no land or improvements devoted to dwelling use shall be exempt from said assessments. 6

7 ARTICLE 5 EXTERIOR MAINTENANCE AND UTILITIES 5.1 In addition to maintenance upon the Common Area, the Association shall maintain all underground sanitary, fresh water service and storm drainage systems situated in or upon the property subject to this Declaration. 5.2 In the event that the need for maintenance or repair of a Lot or the improvements thereon is caused through the willful or negligent acts of its Owner, or through the willful or negligent acts of the tenants, lessees, family, guests or invitees of the Owner of the Lot needing such maintenance or repair, the cost of such maintenance shall be added to and become part of the assessment to which such Lot is subject. 5.3 The Association shall pay all charges for utilities serving the Common Area and the expenses for same shall be subject to assessment hereunder. Lot Owners shall each be responsible for all utilities serving their respective Lots. In the event that more than one (1) Lot is served by any water, gas, electricity or other utilities, sharing, for example, a common meter, each such Lot Owner shall pay an equal share of the expenses for same. ARTICLE 6 ARCHITECTURAL CONTROL 6.1 No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by said Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, If no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and the provisions of this Section will be deemed to have been fully complied with. 6.2 The Association and each Lot Owner will be subject to the provisions of any and all restrictive covenants of record affecting the property which is subject to the provisions of this Declaration. Mention of same herein is not intended to operate as a reimposition of any provision of any such restrictive covenants. 7

8 ARTICLE 7 RESTRICTIVE COVENANTS 7.1 No building shall be erected, placed, altered, or remodeled on any lot until the specifications and plans have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, location with respect to topography and finish grade elevation, a copy of the plans shall be furnished thirty (30) days prior to obtaining a building permit. The committee shall have the authority to retain one copy of the plans and specifications after approval or disapproval has been given. 7.2 Any building erected, placed, altered or remodeled shall be constructed entirely of brick, brick veneer, wood or stone or any combination thereof. No building shall be erected, placed, altered, or remodeled exteriorly with asbestos, pressboard, metal siding, corrugated or galvanized siding or any Imitation material, unless approved by the Architectural Control Committee. 7.3 No building shall be located on any lot nearer to the back property line than the setback line shown on the official plan of these lots referred to above, nor shall any building be located nearer to the sideline of any lot than ten (10) feet on one side and on the line with the other side. For the purpose of this paragraph open porches shall not be considered as a part of a building. Nothing herein contained shall be construed to permit any building to encroach upon other lots not owned by the same party except by agreement between adjoining owners. 7.4 A maximum setback line is established. 7.5 No building shall be erected, placed, altered or remodeled on any lot of a height exceeding two (2) stories and shall be constructed primarily as a residential building not exceeding one (1) living unit, or a service building to said residential building. 7.6 Servitudes for the Installation and maintenance of utilities, sewerage, passage and other public purposes are reserved as shown on the official plan referred to above and as set out previously. 7.7 No animals except domestic pets shall be kept on any lot and in the event such domestic pets are kept, they shall at all times be kept either in the residence or in a completely fenced yard. 7.8 No fence shall be erected on any lot beyond the building setback line, nor shall any fence be erected on a lot that does not have a building constructed on an adjoining lot. All fence or screening barriers must be of either brick or approved wood construction or a combination of both and approved by the Architectural Control Committee. No approved fence shall be erected on any lot beyond the back of the building nearest the driveway on the lot. All back yards, nearest the driveway, shall be completely fenced to a height of at least six (6) feet. There shall be erected a fence running from the rear of the back wall of each home to the back of each carport or garage as shown on each Individual plot plan. 8

9 7.9 No structure of a temporary character, trailer, basement, tent, shack, shed, garage, barn or other building shall be used on any lot at any time as a residence or a place of business either temporarily or permanently except movable construction shacks or trailers during the construction period only. This provision shall not apply for temporary living quarters required for a security guard during the period of construction. No structure in addition to the main building shall be constructed of materials which do not conform in every respect to the exterior construction of the main building constructed on the lot No person shall provide or Install a method of sewerage treatment other than connection to a sanitary sewer system. All swimming pool filter systems and other equipment shall conform to that required by the East Baton Rouge Parish Government Authority. Each building shall have a separate sewerage except as specified by the Baton Rouge Water Works Company Parking of vehicles shall be permitted only on well-defined parking areas. The parking areas shall be paved with concrete only and no parking shall be permitted on areas other than the well-defined concrete areas as stated above. The Architectural Control Committee shall approve the type of construction and materials to be used for the parking areas. Two parking places per living unit shall be constructed The outside structure of any building must be completed within twelve (12) calendar months after the pouring of the foundation for the building The Architectural Control Committee s approval or disapproval as required in these restrictions shall be in writing. No construction, alteration or remodeling shall be commenced until the plans, specifications, and plat plans have been approved by the committee as proved in Paragraph 7.1 above. In the event the committee or its designated representative fails to approve or disapprove the plans within thirty (30) days after the plans have been submitted, then approval will not be required and these restrictions shall be deemed to have been fully complied with No permanent billboard shall be constructed on any lot. This provision shall not prohibit the erection of a sign Identifying the premises and sale Information provided the size and design is approved in writing by the Architectural Control Committee as a part of the plans and specifications. A temporary sign may be installed during the period of construction in order to give notice to future purchasers of the nature of the premises to be sold. This provision does not apply to the First Declarant herein until October 1, There shall be minimum of One Thousand (1,000) square feet of floor area in each living unit and there shall be no more than one (1) living unit constructed on any one lot. For purposes of this paragraph, open porches shall not be considered part of the floor area Each owner of a lot shall be responsible for the care of the grass, trees, shrubbery, flowers, fences and driveways located on that lot and they shall be maintained in a reasonable fashion with continuity Each owner of a lot occupied by a living unit shall keep the exterior of said living unit or units reasonably maintained, Including garages or carports and including the painting, repairing or replacement of roofs, gutters, downspouts, and exterior building service. 9

10 7.18 In the event any owner of a lot occupied by a living unit does not provide the reasonable maintenance provided for in the two proceeding paragraphs, the Architectural Control Committee may give the delinquent owner thirty (30) days written notice of his maintenance deficiency and if said delinquent owner fails to correct said deficiency within thirty (30) days thereafter, said Architectural Control Committee may cause said deficiency to be corrected at the expense of the delinquent owner. Either the Architectural Control Committee or the Association may then cause a lien to be filed against the property of the delinquent owner for the value of the expenses Incurred in correcting the maintenance deficiency and the Association may bring action at law against the owner personally to enforce said lien, Including the collection of reasonable attorney s fees and court costs Enforcement of these restrictions shall be by proceedings at law against any person violating or attempting to violate any restrictions, or failing to comply with the mandatory exterior maintenance above mentioned, either to restrain violation, enforce compliance, or restrain use and occupancy of the property until the restrictions are fully complied with or to recover damages for the violation of the restrictions These provisions are separable and invalidation of any one of these restrictions by judgment or court order shall in no manner affect any of the other restrictions which shall remain in full force and effect. ARTICLE 8 GENERAL PROVISIONS 8.1 Enforcement. The Association, or any Owner, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, privileges and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The covenants and restrictions imposed hereby shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns. 8.2 Severability. Invalidation of any of these covenants or restrictions by Judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 8.3 Discrepancies. In case of discrepancy between any provision of this Declaration with any provision of the Articles of Incorporation of the Association or its Bylaws, Resolutions, or Rules and Regulations, the provisions of this Declaration shall control. 8.4 Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive terms of ten (10) years. This Declaration may be amended during the first twenty (20) year term by an Instrument signed by not less than ninety (90%) percent of the Lot Owners, and thereafter by an Instrument signed by not less than seventy-five (75%) percent of the Lot Owners. Any such amendment must be recorded in the Official Records for the parish in which the Properties are situated. 10

11 8.5 Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members. 8.6 FHA/VA/FNMA Approved. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration and the Federal National Mortgage Association, namely: annexation of additional properties, dedication of Common Area, and amendment of this Declaration. 8.7 Notices. Any notice required to be sent to any member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed to the last known address of the person who appears as member or Owner on the records of the Association at the time of such mailing. The date of any such notice shall be deemed to be the date of deposit of such notice with the mail system of the United States. 8.8 Number and Gender. As used herein, the singular shall include the plural and the masculine shall Include the feminine and neuter, as proper context requires. 8.9 Sanitary Sewer Maintenance. The City Parish is responsible only for the maintenance of the sanitary sewer lines which are located within the public servitudes. IN WITNESS WHEREOF, the undersigned, being the First Declarant herein, together with each one (1) or more other Declarant who has subscribed hereto by execution of counterpart annexed hereto, has hereunto set its hand and seal, before the undersigned Notary and competent witnesses at Baton Rouge, Louisiana on the date first above written. WITNESSES: CLARK W. TAYLOR, INC. First Declarant R. J. Colongne, Jr., Notary 11

12 Retyped verbatim 8/01/2001 STATE OF LOUISIANA PARISH OF EAST BATON ROUTE DECLARATION OF COVENANTS AND RESTRICTIONS OF STUMBERG OAKS, FIRST FILING DECLARATION COUNTERPART On this 18th day of Oct., 1990, Before the undersigned Notary Public in and for East Baton Rouge Parish, Louisiana, personally came and appeared: PENNINGTON Construction, Inc., a Louisiana corporation having its registered office and domiciled in East Baton Rouge Parish, State of Louisiana, herein appearing through its undersigned agent, who is duly authorized by virtue of a resolution of the Board of Directors of said corporation, a copy of which is attached hereto: which, being the Owner of: Lot Number 76A, Stumberg Oaks, First Filing, East Baton Rouge Parish, Louisiana; together with the First Declarant and with the one (1) or more other declarants who have executed this act by their written counterparts which may be attached hereto, hereinafter collectively called Declarant who, each after being duly sworn declares and submits that the property generally described as LOT NUMBERS 1A, 3A, 5A, 6A, 7A, 9A, 11A, 12A, 14A, 16A, 18A, 58A, 59A, 61A, 63A, 65A, 66A, 68A, 70A, 72A, and 74A, STUMBERG OAKS, FIRST FILING, together with the common areas associated with Stumberg Oaks Subdivision, as more particularly described in the Declaration respecting same to which this Counterpart is annexed (hereinafter called the Properties ) shall be held, sold and conveyed subject to the servitudes, restrictions, covenants and conditions set forth in the Declaration respecting same to which this Counterpart is annexed, which are for the purpose of protecting the value and desirability of, and which shall run with the immovable property and be binding on all parties having any right, title or interest in the described Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. Appearer joins each other Declarant in the execution of the Declaration to which this Counterpart is appended. WITNESSES: PENNINGTON CONSTRUCTION INC., Declarant By: Notary Public 12

13 RESOLUTION OF THE BOARD OF DIRECTORS BE IS RESOLVED, that Cecil J. Penninton, as Agent, be and he is hereby authorized and empowered for and on behalf of this corporation. PENNINGTON CONSTRUCTION, INC., to dedicate any and all property, real or personal, owned or hereafter acquired by said corporation situated in the State of Louisiana to any declaration of covenants and/or restrictions and/or to organize and/or incorporate any corporate or non-corporate property owners association or associations for the benefit of such property, including the authority to cancel any such restrictions, all as said agent may determine fit and proper, the corporation herein ratifying all prior such dedications or cancellations made on behalf of the corporation by the said agent. BE IT FURTHER RESOLVED, that the said agent, be and he is hereby authorized and empowered on behalf of the corporation to sign appropriate maps, plats, restrictive covenants, articles of incorporation and/or other appropriate instruments on behalf of the corporation, and to do any and all things necessary and proper to carry out the intent of this resolution. BE IT FURTHER RESOLVED that any and all lawful acts done and performed by the aforementioned agent, for and on behalf of this corporation in consideration of the authority hereby granted be and the same are hereby ratified and confirmed. Unless expressly stated otherwise hereinabove, no authority previously granted by this corporation shall be revoked as a result of the authority granted herein. As used here, the masculine shall include the feminine and the singular, the plural, as proper context requires. * * * * * * * * * * * * * * * * * * * * * * * * * * * * I, the undersigned Secretary of the above mentioned corporation, do hereby certify that the above is a true and correct copy of the resolution adopted by the Board of Directors of said corporation on the 18 day of October, 19 90, and filed with the minutes of the meeting of said Board of Directors; and I do further certify that the said resolution has not been amended, rescinded or annulled and is in full force and effect, and that a quorum of said Board of Directors was present at the time the resolution was adopted. IN TESTIMONY WHEREOF, I have hereunto affixed my signature at Baton Rouge, Louisiana, on this 18 day of October, SECRETARY APPROVED BY: PENNINGTON CONSTRUCTION, INC. PRESIDENT ORIG 40 BHDL FILED AND RECORDED EAST BATON ROUGE PARISH, LA OCT 24 PM 01:36:56 FTL BK FOLIO H. M. MIKE CANNON CLERK OF COURT & RECORDER CERTIFIED TRUE COPY BY DEPUTY CLERK & RECORDER

14 FIRST AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS OF STUMBERG OAKS, FIRST FILING STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BE IT KNOWN THAT on this 17 th day of February, 19 92, before the undersigned Notary Public and competent witnesses, personally came and appeared. CLARK W. TAYLOR, INC., a Louisiana corporation domiciled in the Parish of East Baton Rouge, Louisiana, appearing herein through its undersigned officer, duly authorized, its mailing address being Jefferson Highway, Baton Rouge, Louisiana 70809, (hereinafter referred to as the First Declarant ), who did declare as follows: WHEREAS, by act dated October 18, 1990, executed before Robert J. Calongne, Jr., recorded as Original 42, Bundle of the official records of East Baton Rouge Parish, Louisiana, First Declarant did impose certain covenants and restrictions on the property known as Stumberg Oaks, First Filing, fully described therein; and WHEREAS, First Declarant is still the owner of all of the Lots (as described therein); and WHEREAS, in order to properly market and develop the Lots it is necessary that the Covenants and Restrictions be amended as hereinafter provided; NOW THEREFORE, First Declarant does hereby amend the Declaration of Covenants and Restrictions as follows: 1) Article I, Paragraph 1.6 is deleted and in its place the following is inserted: 1.6 First Declarant. First Declarant shall mean and refer to Clark W. Taylor, Inc. and those successors, vendees and assigns who shall acquire more than one (1) vacant Lot from it for the purpose of constructing thereon houses for resale. 2) Article 2, Paragraph 3.2, Sub-paragraph (b) is deleted and in its place the following is inserted: (b) Class B. The Class B members shall be the First Declarant, including successors, vendees and assigns as hereinabove defined, and each First Declarant, if there be more than one, shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever shall occur first: (i) (ii) When the total votes outstanding in the Class A membership exceed the total votes outstanding in the Class B membership; or After two (2) years following the date of the recording of this First Amendment in the official records of East Baton Rouge Parish. 1

15 3) Article 4, Paragraph 4.3 is deleted and in its place the following is inserted: 4.3 Maximum Annual Assessment. Until January 1, 1994, the maximum annual assessment shall be THREE HUNDRED SIXTY AND NO/100 ($360.00) DOLLARS per Lot. The Board of Directors shall fix the annual assessment as hereinafter provided. From and after January 1, 1994, the annual assessment may be increased by no more than 5% of the previous year s assessment by the Board of Directions action, but any increase over 5% shall require the approval of two-thirds (2/3) of each class of members voting in person or by proxy, at a meeting duly called for that purpose. 4) Article 4, Paragraph 4.7 is deleted and in its place the following is inserted: 4.7 Commencement of Annual Assessments and Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following action by the Board of Directors setting the commencement date and the amount of the first annual assessment. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year in which initiated and shall be fixed thereafter on a calendar year basis. The Board of Directors shall fix the amount of the annual assessments at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the said Board of Directors. The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding on the Association as of the date of its Issuance. 5) Article 6, Paragraph 6.1 is deleted and in its place the following is inserted: 6.1 No building, fence, wall or other structure shall be commenced, erected or maintained upon and Lot or any other portion of the Properties, nor shall any exterior addition to or change or alteration thereto be made, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee. The first members of the Architectural Control Committee shall be Clark W. Taylor, Murlin Willie and Barbara Suggs who shall serve until such time as there ceases to be two classes of membership as provided in Article 2, Paragraph 3.2. Any vacancy in the Committee during this period shall be filled by the remaining two Committee members. At the time the two classes of membership cease to exist, the Committee shall be composed of three (3) members appointed by the Board of Directors of the Association for such terms as the Board shall determine. In the event the Committee fails to approve or disapprove such design and location within thirty (30) days after the plans and specifications have been submitted to it, and If no suit to enjoin the construction has been commenced prior thirty (30) days after the commencement of construction, approval will not be required and the provisions of this Section will be deemed to have been fully complied with. 6) Article 7, Paragraph 7.3 is deleted and in its place the following is inserted: 7.3 No building shall be located on any lot nearer to the back property line as shown on the official subdivision map, nor shall any building be located nearer to the sideline of any lot than five (5) feet. For purposes of this paragraph, open porches shall not be considered as a part of a building. 2

16 7) Article 7, Paragraph 7.4 is deleted and in its place the following is inserted: 7.4 The maximum front setback line of each Lot shall be as fixed by the Subdivision Ordinance of the City of Baton Rouge/Parish of East Baton Rouge. 8) Article 7, Paragraph 7.8 is deleted and left blank. 9) The date of October 1, 1992 provided in Article 7, Paragraph 7.14 is changed to January 1, ) Article 8, Paragraph 8.5 is deleted and in its place the following is inserted: 8.5 Annexation. First Declarant reserves the right to add additional residential property and common areas to the Properties until such time as there ceases to be two classes of membership as provided in Article 2, Paragraph 3.2. Thereafter, additional property may be added upon the vote of two-third s (2/3 s) of the members. AND NOW TO THESE PRESENTS COMES STUMBERG OAKS, FIRST FILING HOMEOWNERS ASSOCIATION, INC., a non-profit Louisiana corporation, appearing herein through its undersigned officer, duly authorized, who joins in this First Amendment to Declaration of Covenants and Restrictions of Stumberg Oaks, First Filing, subjecting all of the Common Area previously conveyed to it to this First Amendment. THUS DONE AND SIGNED on the date first above written in the presence of the undersigned Notary Public and competent witnesses. WITNESSES: CLARK W. TAYLOR, INC. By: Clark W. Taylor, President STUMBERG OAKS, FIRST FILING HOMEOWNERS ASSOCIATION, INC. By: Clark W. Taylor, President NORARY PUBLIC ORIG 879 BNDL FILED AND RECORDED EAST BATON ROUGE PARISH, LA FEB 18 AM 09:01:07 FTL BK FOLIO DOUG WELBORN CLERK OF COURT & RECORDER CERTIFIED TRUE COPY BY DEPUTY CLERK & RECORDER 3

17 SECOND AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS OF STUMBERG OAKS, FIRST FILING STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BE IT KNOWN THAT on this 15 th day of April, 19 92, before the undersigned Notary Public and competent witnesses, personally came and appeared. CLARK W. TAYLOR, INC., a Louisiana corporation domiciled in the Parish of East Baton Rouge, Louisiana, appearing herein through its undersigned officer, duly authorized, and STUMBERG OAKS, FIRST FILING HOMEOWNERS ASSOCIATION, INC., a Louisiana corporation domiciled in the Parish of East Baton Rouge, Louisiana, appearing herein through its undersigned officer, duly authorized, and MURLIN WILLIE, INC., a Louisiana corporation domiciled in the Parish of East Baton Rouge, appearing herein through its undersigned officer, duly authorized all of whom did declare and agree as follows: Appearers, together with Pennington Construction, Inc. are the owners of all of the lots and common areas comprising that subdivision known as Stumberg Oaks, First Filing, located in East Baton Rouge Parish, Louisiana. Appearers have changed the name of the Subdivision to Summer Crossing-1st Filing, as appears from the revised official plat thereof on file and of record as Original 911 Bundle of the official records of East Baton Rouge Parish, Louisiana. The Subdivision is subject to certain Covenants and Restrictions filed as Original 40, Bundle 10184, first amended by act recorded as Original 879, Bundle of the official records of the Parish of East Baton Rouge, Louisiana. Appearers do now further amend the Covenants and Restrictions so that the name of the subdivision shall be Summer Crossing-1st Filing. In all other respects the Covenants and Restrictions, as First Amended, shall remain in full force and effect. Appears further declare that an error was made in the First Amendment to the Covenants and Restrictions, recorded as said above, in that the reference therein to the original Declaration recites that it is recorded as Original 42, Bundle 10184, when in fact is is recorded as Original 40, Bundle 10184, and Appearers do hereby correct that reference. Pennington Construction, Inc., the owner of Lot 76A, has consented to this change of name as shown by its joining in the execution of the revised subdivision plat described above. 1

18 THUS DONE AND SIGNED by the parties in the presence of the undersigned Notary Public and competent witnesses on the date first above written. WITNESSES: CLARK W. TAYLOR, INC. By: Clark W. Taylor, President STUMBERG OAKS, FIRST FILING HOMEOWNERS ASSOCIATION, INC. By: Clark W. Taylor, President MURLIN WILLIE, INC. By: Murlin Willie, President NORARY PUBLIC ORIG 148 BNDL FILED AND RECORDED EAST BATON ROUGE PARISH, LA MAY 05 PM 02:38:23 FTL BK FOLIO DOUG WELBORN CLERK OF COURT & RECORDER CERTIFIED TRUE COPY BY DEPUTY CLERK & RECORDER 2