Now, therefore, the undersigned does hereby amend Section 2 of Article IX of the aforesaid Declaration to read as follows:

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1 RECORDED EV,_r :F DEPuTv RECORDER 2011 RL :_F. TFATI FIRST AMERICAN TITLE 1880 E RIVEER RD TUCSON AZ _5 r 1 ' DOCv T : 9/_.(:4 F 4 r' 10'29 NO. OF PAGES : 4 SEGIUENCE : 93195E:9.P 11/O8/9: ARSTRT 08 :()0 :00 PICKUP AMOUNT PAID $ 9.00 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VISTA SERENA, LOTS 1 THROUGH 49, COMMON AREAS, A, B, AND C (KNOWN AND MARKETED AS PALOMA ENCANTO), fio 'eaib e&- This instrument is made this ' day of Q, 1993, and has reference to that certain Declaration of Covenants, Conditions, and Restrictions for Vista Serena, Lots 1 through 49 and Common Areas A, B, and C (the Declaration) recorded on or about August 5, 1993 in Docket 9599 Page 1281, Pima County Records, and relating to that certain real property described as Vista Serena, Lots 1 through 49, and Common Areas A,.. B, and C a subdivision of Pima County, Arizona, recorded Book 37 of Maps and Plats at Page 21 (hereinafter the "Properties"). Said Properties are marketed and sold as Paloma Encanto. The undersigned are the owners of Lots within the Properties and are empowered to make this amendment pursuant to the terms and provisions of the aforesaid Declaration and pursuant to Arizona law. Now, therefore, the undersigned does hereby amend Section 2 of Article IX of the aforesaid Declaration to read as follows: Section 2. Maintenance of Landscapinc; Necessary Easement. The Association shall be responsible for the landsca p ing and maintenance of the Common Area, which shall include having the grass, weeds, trees and vegetation located thereon cut or trimmed when necessary. No Owner shall, in whole or in part, change the landscaping of any portion of the Common Area by the addition or removal of any items thereon without the prior written approval of the Architectural Control Committee. Each Owner shall be solely responsible for the maintenance and landsca p ing of all portions of his or her Lot, except that the Association shall maintain that portion of the landscaping of the front yards of Lots lying outside the private porches, courtyards, and front patios of each home. However, such landscaping and responsibility shall be limited to the original landscaping installed by Declarant and/or its predecessors during original

2 construction, and the Association is released in total from and/or its predecessors during original construction, and the Association is released in total from any claims, demands or liabilities which may be asserted relating in any way to such landscaping or the maintenance thereof, including nay claims for personal injury or property damage or for loss of such landscaping or vegetation. The Association shall have the right by majority vote of the members present at any meeting to determine to cease any further landscaping work on the front yards of Lots, in which case all responsibility shall rest with the individual Owners thereof. In all other respects, the Declaration remains unchanged. This amendment, executed by the undesigned, being all of the owners of the Lots within the Properties, shall be effective when recorded in the office of the Pima County Recorder, Pima County, Arizona. Dated : First American Title Insurance Company, a California Corp., as Trustee - Trust No. #44I7 Its

3 Scotia Joint Venture, an Arizona Joint Venture By : Scotia Development Limited Partnership, its Managing Partner By : Scotia Group, Ltd, an Arl ona Corporation `/ By Its State of Arizona County of Pima ss. This instrument was acknowledged before me this k 1993, by 16r-Oi k P-OO,t,'k the ' a California Corp., ''as Trustee. day of My Commission Expir sue. 07FiCIAL SEAL Notaty Public State of Arizona County of Pima ss. This instrument was acknowledged before me this vz day of *014,4hot-, 1993, by?-e 7i-e/- /~yar~. ~F, the TreS OFFICIAL SEAL KAREN OTT Notary Public Pima Co., Arizana My Commission Expires n Q~SoberJO, 1 A07 f

4 MOST IMPORTANT CC&R ISSUES AND RULES 3 Parking- Homeowners and Guests - Automobiles must be parked in garages. Most of Paloma Encanto is not designed for a three car family. On street parking is not allowed, except for guest. Please contact the controlled access personnel at the gate if you expect guests. Visitors are generally considered guests if they plan to visit two weeks or less. Cars parked in the street without tags will be identified as in violation of the CC&R's. - See Article X, Section 14, Page 41 of your Covenants, Conditions and Restrictions (CC&R's). 3 Garage Doors are to be kept closed except for egress and ingress. 3 Play Equipment - No basketball backboards and hoops are allowed. Jungle gyms and all other large structures may not be visible from the street of from other properties. 3 Trash Cans must be kept in the enclosed garage or behind a gate - See Article X, Section 16, Page 42 of your CC&R's. 3 Speed Limit - 15 MPH within the sub-associations and 25 MPH on Via Palomita. 3 Children and/or pets are not allowed on the Westin La Paloma golf course at any time. Those homeowners noticing children or pets on the golf course should call the Westin La Paloma Security department as soon as possible. The number is: ext. # Pets - to make La Paloma a healthier place for living and a more pleasant place to stroll, walk or jog, The La Paloma Property Owners Association has resolved to implement the following Pima County Animal Control Regulations, referring violators to legal authorities: "It shall be unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner any solid waste deposited by such dog on publicly property or deposited on private property without the consent of the person in control of the property." (Pima County Code, Chapter 6.04, Section E). Also see Article X, Section 5, Page All changes to the exterior of the structure or to the landscaping MUST be pre-approved in accordance with the two step approval process which governs all of La Paloma. A form for this procedure is attached. - See Article V, Section 2 of your CC&R's. 3 Landscaping : All landscaping must adhere to established approved plant list attached. 3 Light bulbs - residents are responsible for replacing burned out bulbs on their property as soon as possible. Please notify the management agent if you observe burned out bulbs in the common area or at the home of an absent owner. 3 No homeowner or renter may operate a business from a home in La Paloma. 3 The La Paloma Property Owners Association newsletter is called "The Dove's Nest" and is published monthly. Extra copies may be obtained that the main gate or by calling the management company. Deborah Mc Cullough is your property manager with Cadden Partrey Services. Important Phone Numbers Deborah M Cullough (Managing Agent) (Voice Mail) Main Gate West Gate LPE Gate

5 corporation. of Scotia Group, Ltd, an Arizona My Commission Expires: /3o/q 7 Notary Public TUXI :SIMoNM / 800 :