"Lot" shall mean and refer to any plot of land shown upon any. WHEREAS, Developer desires to provide for the preservatlon of the

Transcription

1 THS DECLARATON, madc ths lathday of September, 1978, by LlNH VALLEV LAKCS, a Kansas Lml tad PartnershK(trerenaf ter cal gd "Developer") U 1 E f 5 ET t : UHEREAS, Developer s the owner of rhe real property descrlbcd n Artlcle of ths declaraton and desres to create thereon a resldentlal comun ty w th permanent lakes, open spaces, and other comn facl t es for the beneft of the sald comnunlty; and WHEREAS, Developer desres to provde for the preservatlon of the values and amentes n sad comnunl ty and for the mantenance of sald lakes, opcn spaces and other cotwn facltes; and, to thls end, desres to subjcct the real property descrlbed n Artcle together wth such addltlons as may hereafter be madc thereto (as provlded n Artlcle ) to the covenants, restrctons, easements, charges and lenr, herelnafter set forth, each and all of whch s and are for the beneft of sad property and each Owner L hcr cof ; and WHEREAS, Developer has deemed t desl.rable, for the effcent prerervat n of the values and emenl tes n sad conntun ty, to crea.te an agency to whch \l\oltl be delegated and assgned the powers of malntalnlng and admlnstcrlnq tlu* tm"ty propertes and facllltes and admnsterng and enforcng ehe Covcnttand restrctons and collect'ng and dsburslng the assessments end charges hercnafter created; and UHEP.EAS, Developer has or wll cause to be ncorporated unt'cr the laws of the State of Kansas, as a non-proft corporatlon, LMN VALLE: LAKES, PROPERTY OUNLRS' ASSOCATOJ, for the purpose of exerclslng we functons aforesa d;. NOW, THEREFORE, the Developer declares that the real property descrlbcd n Artcle, and such addtons thereto as my hareaftor be made pursuant to Artcle 1 hereof, s and shall bo hcld, transferred, sold, conveycd and occupled subject to the covenants, restrctlons, casements, charges and lens (rometlms referred to as "covenants and restrlctlonr") herelnafter ret forth. ARTCLE Dcflnltlons Sectlon 1. The followng words when used n thls Declaratlon or any Supplemental Declaratlon (unless the context shall prohlbl t shall have the fol lawlng meanngs: (a) 81Assocatlon'' shall mean and refer to the ln1 VALLEY LAKES PROPERTY OWllERS' ASSOC ATOH. (b) "The Propertes" shall man and refer to ell such erlrtlng propertlos, and eddltlons thereto, as are subject 'to thls Oeclaratlon or any Supplemental Declaratlon under the provlslons of Artcle, hereof. (c) 'Common Propertes" shall mean and refer to those areas of land Shawn on any recorded subdlvlslon plat of The Propertes and ntended to be devoted to the common use and enjoyment of (le owners of the Propartles. "Lot" shall mean and refer to any plot of land shown upon any (J) recorded subdlvlslon map of The Propert gs wth tho except nn of Common Proper t le as here tofore def ncd.

2 (e) "Owner" shall mean and refer to the record owner, of the fee stmple ttle to any lot sltuated upon the Propertles, and also to any purchaser of any Lot under a contract for deed or other agreement. Provded, however, any person who has defaulted n the performance of any of the payments, terms and condltlons of the contract for deed shall cease to be an Owner wlthn the mornng of ths declaratlon, so long as the person shall reman n default, (f) ''Multple Owner" shall mean and refer to ownershps by: (1) more than one famly unlt; 2). two or more ndvduals not members of the same famly unlt; or any busness or non-proft entlty. 3) (0) "Member" shall mean and refer to all those Owners who are members of tho Assocaton as provded n Art cle V, Sact on hereof. (h) "Famly Unt" shall conslst of a head of household, the spouse of the head of household and any unmarred chlldren 18 years of age and under. - ARTCLE 11 Property Subject To Ths Declaraton: Addtons Thereto Sectlon 1. Exstng Property. The real property whch s, and shall be held, transferred, sold, conveyed, and occuped subject to ths Declaratlon s located n Llnn County, Kansas, and s more partcularly descrbed as follows: *'1 4? Tract 110. The North half (N/2); and the tjorth half of the Soutwest Quarter (N1/2 of SU1/4); all n Sectlon Twenty-four (24), Townshp Nneteen (19) South, Range Twenty-four (24) Last of the 6th P.H., Llnn County, Kansas. Tract No. 2 The North one-fourth (N1/4) of the llortheast Quarter (NE1/4) of Sectlon Twenty- flve ( as), Townshp Nneteen (19) South, lange Twenty-four (24) East of the 6th P.M., Llnn County, Kensas. Tract No, 3 he South hlf (S1/2) of the Northwest Quarter (NU l/h); the South half (S1/2) of the Northeast Quarter (NE1/4); and the Southeast Quarter (SE1/4); of Sectlon fwenty-three (23), Townshp dlneteen (19) South, Range TwCnty-four (24) fast, llnn County, Kansas. Tract No. 4 Sxty-nne (69) acres, more or less, n the Southeast (SE) corner of the orthwest Quartrr (NU 1/41, of Secton Twenty-rlx (26), Townshp Nneteen (19) South, Rang0 twnty-four (24) East of the 6th P.M., Lnn County Kansas. More partcularly beng: 100 rods, 61/2 feet East and West by 110 rods North and South; and the North half (N1/2) of the Northeast Quarter (NE /b) of Sectlon TWnty-sh (26), Townshp Nneteen (19) South, Range Twenty-four (24) East Of thr 6th P.H.@ Llnn County, Kansas. Tract no, 5 fe South half (S 1/2) of the Southwest Quarter (SU 1/4); the South half (5 /Z) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (5E 1/41; and the Vest half (U 1/2) of the North half (N l/2) of the Southwest Quarter (sv 1/41 of the Southeast Quarter (SE 1/11), all n Sectlon Twenty-four (2'1)~ fonnshp Nlnotoon (19) South, Range Twenty-four (24) East cf th2 6th P.M., Llnn County, bnsrs. tract No. 6 The Southwest Quarter (SWl/4) of Secton Twenty-three (23); a tract of land n the Northwest Quarter (NU 1/4) of Sectlon Twenty-slx (26). descrbed as folw8: begnnlng at the Northwest Corner (NW/c) of the rad Northwest Quarter, thence South 50 rods, thence Cast 160 rods, thence North 50 rods, thence Vest along tho aoctlon lno to place of beglnnlng; also a tract of two (2) acres, 01 loa@* dercrlbed as follows: Beglnnlng at the Southwest corner (SW/c) of the tract last above dercrlbed, runnlng thence South to a creek, thence along sad creek n a Easterly and Northeasterly drectton to the South llne of rald last above dencrlbed tract of land, thence West to the place of begnnlng; all n hn8hlp Nlnetern (s) South, Range Twenty-four (26) fast of the 6th P.M.. County, Kansas, Llnn 't -2-

3 Scctlon 2, Addtons to ~Exstlng Propcrty. Addtonal lands may become subject to thls bec\aratlon n the fo\\owlng manner: (a) Addtons by the Developer. The Developer, ts hers and ass shall have the rght to brng wthn the scheme of ths Declaraton add propertles n future stages of the development, provded that such rgh shall termnate on October, 1990., 9ns 0 t ona The addtons authorlred under ths and the succeedlnp subsecton, shal be made by flng of record a Supplementary Dcclaraton of-covenants and Restrctons wlth respect to the addltonal property whch shall extend the scheme of the covenants and restrctons of thls Oeclaraton to such property. Such Supplementary Oeclarat on may contan such comgl lmentrry add t ons and modfcatons of the covenants and restrctlons contaned.n thls Declarrtlon as may be necessary to reflect the dfferent character, f any/*of the added propertes and as are not nconslstent wth the scheme of ths Declaraton. n no event, however, shall such Supplementary Oeclarat on revoke, modlfy or add to the covenants establlshed by ths Declaraton wthn the Exstng Property. (b) Other Addltons. Upon approval n wrltng of the Assocaton pursuant to a vote of ts members as provded n ts Artlcles of ncorporaton, the owner of my property who desre5 to add t to the scheme of thlr Declaraton and to subject t to the jursdcton of the Assocaton, may fle of record a Supplementary Declaraton of Covenants and Restrctons, as descrbed n Subsecton (a) hereof., (c) Mer ers. Upon a merger or consoldaton of the Assocaton wlth -p7 another assoc at on as provded n ts Artcles of ncorporaton, ts propertes, rghts and oblgatons may, by operaton of law, be transferred to anothor survvng or consoldated assocaton or, alternatlvely, the propertes, rghts and obllgatlons of another assocaton may, by operaton of law, be added to the propertes, rghts and oblgatons of the Assoclaton as a survvng corporaton pursuant to a merger. The survlvlng or consol ldated assocaton my admnster. the covenants and restrlctlons establshed by thls Daclaretlon wthln the bslstlng Property together wth the covenants and restrctons estrblrhed upon any other propertes as one scheme, 140 such merger or consoldaton, however, shall effect any revocaton, change or addton to the covenants establshed by thlr Declaraton wth the Exstlng Property except as herenafter provded. ARTCLE Rertrlctlons, Covenants and Reservatons Secton 1. For the purpose of provldng an orderly develobment of The Propertes and the preservaton of ther character prlmar lly as a rccrestlonrl area and for the further purpose of nsurng adequate rertrlctlons and covenants for the protectlon of al Owners and for the mutual beneft of the Asrocrton, the Developer does hereby mpose the followlng restrctons, covenrntr, and. reservatons whlch shall be bndlng upon all Owners of a lot(t). 8. The dwelllng house shall face the street upon whlch the lot fronts, rrvd no part thereof shall be nearer than 25 feet from the front lot lne, or 10 feat on the sde or back lot lne, b, All other structures shall be n the rear of dwolllns house and shall be sghtly, of new constructon and of a character to enhance the value of the 0 property* c. Pror to the constructon of any buldngs or lnrtallrtlon of Sewage facltes the Owner shall present corrtrcton plans to the Developer or Assocaton and obtan a pormt from the Developer or Assoertlon for such conrtructlon or nstal leton.

4 d. When the Owner submts constructon plans lo the Developer or Assoclalon for the buldng of a dwellng house he must also present plans to the Developer or Assocaton for nstallaton of adequate sewage fac t es. 8. *.* e, No outsde tolets shall be allowed. tlo debrs, Junk or unslghtly accumulaton of materals shal be a1 lowed to reman on premses. 1. n sddltlon to the foregong restrctons and stlpulrtons, no dwellng shall be constructed on any lot nor shall any dwellng be moved to or mantaned.thereon, wth less than 600 square feet of lnterlor floor space. flo basement shall be occuped untl the dwellng s completed. All materals for the constructon of any buldng shall be new. All buldngs wll be fnshed and panted or staned on the outsde. The duellng house shall be completed on the enterlor wthn sn months after conmencemcnt of constructon of any type. f a lot s n the moblle home secton, the nteror square footage nnmun must be 500 feet, g. tloblle Homes put on moble hornc lots shall have been manufactured no more than 5 years pror to date of nrtallatlon, unless otherwse approved by Developer or Assocaton, and shall be skrted wthn 30 days of nstallaton. tloble homes shall not be put on buldng lots. 11. Manufactured homes (doullewdcs) shal be permtted on buldng lots provded they are placed permanently on such lot and shall nclude foundaton and skrtng. 1. Recreatonal vehcles shall not be parked or used as a dwellng on any lot encept those lots desgnated for campers or moblle hare use. A specal recreatlonal vehcle storage area shall be set asde and mantaned by the Oeveloper or Assocaton and shall rot be used for dwellng purposes. Any such vehcles put on any lots other than those desgnated for campers or moble homes use may be towed by Developer or Assoclatlon at Owner's empense. j. Campground reservatlonr for campers or trallers shall be rest, lctcd to 72 hours contnuous use on a frst come frst use basls. Regstraton shd be requred at the Developer's or Assocaton's offce, Vehcles left beyond the 72 hour perlod may be towed by Developer or Assocatlon to the recreatonal vchclc storage are0 wthout lablty to@developcr or Asroclatlon'at the Owner's empense. k. A flowage easement shall extend to O' n elcvatlon above 4ny water lnpoundments constructed. All permanent resldcntlel constructon below that elcvatlon s prohblted. 1. No sgns may be placed or mantalned on any lot, nor on or wl thln any bul ldng, sxcept n an area approved for comercal uso, m. Olscardlng of refuse n the lakes, on the street, parks, o'r any area, or the a1 terng, defac lng, or damagng of any sgns, equlpment, or faclltles located on the Propertes s prohlblted. Holestlng of swans, qee%t, ducks or any wldlfe s prohlblted. n. Lakes, swlmmlng areas and all recreatlonal facllltles are for sole use of Members, ther famlly unt and guests. Guests must be n the company of a Hembor, 0. The Assocaton and the Developer shall have an easement and rght-of-way over a strp along the sldcs, front and rear boundary llnes of the lot or lots n sald addtlon, not exceedng ten (O) feet on each of sad slde and front boundary lnes, and not exceedng ten (O) feet on the rear boundary lncs, for the purpose of nstal latlon and malntcnancs of publc utllltles, ncludng but not lmted to gas, -. water, electrlclty, telephone, dralnage and sewage, and any appurtenance to the supply lnes therefor, ncludng the rght to remove and/or t r lm t rees, shrubs, or plants.. -4-

5 5' p. The Assoclatlon and the Developer shall have an easement and rlght-ofway over a strp of land all around the lakes from a pont 10 feet from the waters' edge up the bank. Such easement shall extend the rght of use to all Members as well as thelr famly unt and guests but shall not entltle them to the use of any docks, boats or otlrer personal property of the Owner.. q. Dlscharglng of frearms, anywhere upon the Propertes s prohbted. ' r. The foregong stpulatons, restrctons and condton, are mposed for the beneft of each and every lot, and shall consttute-covenants runnlng wl th the land;. the Owners, hc Assocat on and 1 ts Hqbers, thelr :successor and asslgns, may prosecute proceedngs at law or n equty to prevent or remedy the voleton of such restrctons and covenants, and secure redress for damages suffered on account of such volatlon. MTCLE V Sect, Secto Owner who on 1. Hembershlp and Votng Rlghts n the Assocaton flembersh~. Every person who o an Owner as defned n Artlcle (e), shall be a member of the Asso laton, provlded thrt any such holds such nterest merely as a securty for lhe performance of an oblgaton shall * not be a member. Secton 2. Votln fll hts. Each member of the Assoclatlon shall be entltled to one vote for each Lot n whch he hold the nterests reaured for "bershlp n the case of multple owners of one lot, ell such nwltlple by Secton. Owners shall be members ard tllc vote for such Lot shall be exe'rcsed 8s they, among themselves, determne, but n no event shall more than one vote be cast wl th respect to any one lot. ARTCLE: v 1, Property Rlghts n the Common Propertes Secton 1. Members Easements of Enjoyment. SubJect to the provlslonr.of ' Secton 3, every Hember shall have a rght and easement of Cnjoyment n and to the Comnon Propertes and such easement shall be appurtenant to and shall pass.\.. wth the tltle to every Lot.... -' " 11.;,** Secton 2, Ttle to Common Propertes. The 0cqdopC.r my refeln tho, leaal tltle to the Common Propertlcs untll such tlme as t has completed mprovmwnt: thereon and untll such tlme as, n the opnlon of the Developer, the Assocrtlon s able to mrlntaln the same, but notwthstandng any provolon heren, the Developer hereby covenants, for tself, ts hers and assgns thrt t 8hlll convey the Common Propertes to the Assocaton, free and clear of all lens and encumbrancer, not later than October, Secton 3. Extent of fembcrs' Lasements. The rlghts and ersement of enjoyment created hereby shal be subject to the fol lowlng: (a) the rlght of the Developer and of the Asroclatlon, n accordance 4th ts Artlcles and Bylaws, to borrow money for the purpose of mprovng the Comnon Propertes and n ald thereof to mortgage srld propertles. n the ovent of a default upon any such mortgage the lender's rghts hereunder shall be lmted to a rlght, after takng possesslon of such propertes, to chrrgs admls3lon and other fees as a condtlon to conttnued enjoyment by the members and, f necessary, to open the enjoyment of such propertes to wlder publlc untll the mortgage debt s satlsflcd whereupon the possesson of such propertes shall be returned to the Assocaton and ell rghts of the Members hereunder shall be full1 restored; and

6 (b) the rght of thc Assocaton to take such steps as are reasonably necessary to protect the above-descr lbed propert les aganst foreclosure; and (c) the rghts of llc Assocaton, as provded n ts Artlcles and Byl,aws, to suspetd tlc e,joyment r glts of any Member for any perod dur,lng whch any assesset reans unpad, ard for any perod not to exceed thrty (O) days for any rfracton of ts publshed ruler and rtgu at ons ; atd (d) the rght of the Assoc~t on to charge reasonable adslsslon and other fees for the use of the Comnon Propertes; and (e) the rght of the Assocaton to dedcalt-or transfer all or any part of the Common Propertcs o any publc agency, authorlty, or utllty for such purposes and subject to such condtons as may be agreed to by the Hembers, provded that no such dedcaton or transfer, determnatlon as to the purposes or a5 to the condtons thereof, shall be effectve unless an nstrument slgned by tlemlcrs enttled to cast 20% of the votes has been recorded, agreeng to such dedcat on, transfer, purpose or condton, and unless wrtten notce of the proposed agreement end acton thereunder s sent to every tlcnber st least nnety (90) days n advance Of any actlon taken. ARTCLE V Covenant for llantenance Assessments Secton. Crealon of hc lcn and Pcrsonal Oblgaton of Assesrmcnlr. Each Owncr of any Lo1 by executon of a contract for deed or by acceptanca-- of a deed therefor, whether or not t shall be so expressed n any such contract or deed or other conveyancc, hereby covenants and agrees to pay to the Assocaton: ( ) annual assessments or charges; (2) specal assessments for captal nprovenents, such assessments to be fned, establshed, and collected from tlme to tlme as heretnafter provded. The annual and specal assessments, together wth such nterest thereon and costs of collecton thereof as herenafter provded, shall bo a charge on the land and shall be a contnung len upon the property aganst whtch each such assessment s made. Each such assessment, together wth such nterest thereon and cost of collectdn thereof as herenafter provded, shall also be the personal obllgatlon of the person who was the Owner of such propcrty at tho tlme when the assessrent fell due, Secton 2. Purpose of Assessmcnts. The ssscsrmcnts levled by the Assocatlon shall be usad exclusvely for the purpose of promotlny the recreaton, health, safety, and welfare of thc owners of The Propertes and n partlcular for the lnprovcmcnt and mantenance of propertes, servlccs, and fac t es devoted to ths purpose and related to. the USO and enjoyment of the Common Propertes, lncludlng but not mted.to, the Payment of taxes and nsurance thereon and repalr,~repactrnent and. addtons thereto, and for the cost of labor, equlpmcnt,maeras, management and supervslon thercof., Secton 3, Bass and Maxmum of Annual Assessments. The annual assess"t for a sngle ownershp shall be $72 payable monthly on a ro rata bass. The-annual assessncnt for mu1 tpe owncrshlps shal be & L s :. 1. $72 payable monthly on a pro rat'a bass for each frmlly unt where multple ownershp s by nmre than one famly unt, 2. $72 payable mbnthly on a pro rata bass for each ndvldual where mutple ownershp s by nore than one ndvdual, and 3. $72 payable monthly on a pro rata baslr for each ndvdual or famlly unlt where the multply ownershp s by a busness or non-proflt entlty and the lndvldual or famly unlt s authorlzed by that burlnrrr or non-proflt entlty to use the facltes at Llnn Valley lakes. - 6-

7 'From and,tltcr Aprl, 1382, the anrud assessment for both sng NU\ t.p\c ownershps may be ncreased or dccreased by the Board of of the Assocaton for each succeedng year by an amount equal to the ncrease or decrease n the Consuler Prlce ndex as calculated by the Unted Slates Covcrnntent. From and after Aprl, 1982, the annual assessment ay be rcreased by a vote of the members as herenafter provded, for each succecdng year, e snd D\ ret tors. Secton 11. Spccal Asscsstcns for Captal nprovements. n addtlon to tllc annual assessments,jutlorzed by Secton 3 hereof, the Assocat on may levy n any assessment ycar.a specal assessment, applcable to that year,only, for thc purpose of defrayng, n whole or n part, the cost of any constructon or reconstructon, unexpccted rcpar or replacement of a descrbed capt al mproverrrcnt upon the Conunon Propertes, + ncludng the necessary f xtures and personal property related 'thereto, rovlded that any such assessment shall have 111e assent of a majorlty of tho votes o Hembers who are votng n person or by prmy at a meetng duly called far ths purposc, wrtten notce or whch shall be scnt to all Hcmbers at least thrty (30) days n advance and shall set forth the purpose of the meetng. rovded that any such clange shall trave the assent of a najorlty of the otes of )embers who are votng n person or by proxy, at a meetlng July called for thls purpose, wrtten notce of whch shall be scnt to all llembcrs at least thrty (30) days n advance and shall set forth the purpose of the meetng, provded furthcr that the lmtatons of Sectlon 3 hereof shall not apply to any change n the maxmum and bass off the assessments undertaken as an ncdent to a merger or consoldaton n whch thc Assocat on s author zed to part cpate undcr ts Art cles of nc rporaton and undcr Artcle, Secton 2 hereof. 1 te sha Secton 5. Changc n Bass and laxnunr of Annual Assessments. Subject to the lmtatons of Secton 3 hcrcof, and for the year theren specfed, [le Assocat on may clange the maxnurn and bass of tha assessments fxed by Secton 3 hereof prospectvely for any such ycer.. Setton%. Qoru for any Pacton Authorzed Under Sectons and 5. quorum rcqured for any acton authorzed by Sectlons 4 and 5 lereof be as follows: At W frst meetng called, as provded n Sectons 4 and 5 hereof, the presele at the meetng of Henbers, or of proxes, entltled to cast twenty perccrt (205) of all of the votes of the membershp shall consttute a quorum, f the requred quorum s not forthcomng'at any meetng, another nactng may be called, subject to the notco requrements rot forth n Sect ons 4 ard 5, and the requred quorum at any such subsequant meetng shall be one-half of the requred quorum at the precedng metng; provlded that no such subsequent neetny shall be held more than sxty (60) days followng the precedng meetng. -c~~on 1. nate of Cmrcncement of Annual Asressmcnts. The frst annual assessment shall be made for the balance of the calendar year on a pro rata bass and shall become due and payable monthly 30 days followng the date of sale, All subsequenl annual assessment payments ere to be nude on a monthly pro rata basls pursuant to Artlcle V, Sectlon 3. shal The due date of any specal assessment under Secton 4 hereof be f xed n the resoluton authorzng such assessment. t t Secton 8. Dutes of the Board of Drectors. The Board of Dlrcctorr of the Assocaton shall prepare a roster of the propertes and arsesrmentr applcable thereto whch shall bc kept n the offce of the Assocaton and shall be open to nspecton by any member.... A wrtten notce of the assessment shall thercuoon be rent to every member subject thereto pror to Aprl 1, 1960, and the rams date each year thereafter. -7-

8 , The Assocaton shall upon demand at any tme furnlsh t0 any Member a certfcate n wrtng sgned by an offcer of the Assocaton, settng forth whether sad assessment has been pad. Such certlflcate shall be conclusve evdence of payment of any assessment theren stated to have been pad. Secton 9. Effect of Non-Payncnt of Assessment: The Persona\ Ob\gatOn of the Owner; The Len; Remedes of Assocaton. f the assessments are not pald on the date whet1 due (beng the dates speclfled n Sectlon 7 hereof), then such assessment shal become del nquent and she1, together wth such nterest thereon and cost of collecton thereof as hsrelnrfter provlded, thereupon become a contnung 1 en on the property whch shal bnd such property n the hands of the then Hember, hs hers, devsees, personal representatves and assgns, The personal oblgaton of the then Member to pay such assessment, however, shall reman hls personal oblgaton for the statutory perod and shall not pass to hs successors n ttle unless empressly assumed by them. f the assessment s not pad wthln thrty (30) days after the delnquency date, the assessment shall bear nterest from the date of dcllnquency at the rate of SX per cent per annum, and the Assocaton may brng an actlon at law ayarst the Member personally obllgated to pay the same or to foreclose the len aganst the property, and there shrll be added to the amount of such assessment the costs of preparng end flng the complant n such acton, and n the event a judgment s obtaned, such judgment shall nclude nterest on the assessment as above provded and a reasonable attorney's fee to be fxed by the court together nlth the costs of the acton. - Secton O. Subordnaton of the len to Hortgagcs. The llen of the assessments provded for leren shall bo subordlnate to the len of any mortgage or mortgages now or hereafter placed upon the propertes subject to assessment; provded, however, that such subordnaton shall apply only to the assessments nhlch have become due and payable pror to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceedng n leu of foreclosure. Such sale or transfer shal not re1 levo such property from lal ty for any assessments thereafter becomng due, nor * from the len of any such subsequent assessmnt. t Secton 11. Exem t Pro ert. The followng property subject to ths Declaraton sha be enemptcd ftum the asseosmbnts, charge and llen created hereln: (a) All propertes to the extent of any easement or other nterest theren dedcated and accepted by the local publc authorlty and devoted to publc use; (b) the Oevcloper s exempted for any and all lots to whlch the Oeveloper holds of record a fao or undvded fee nterest, whether presently awned by the Developer or acqured, ubsaquent to the recordng of ths Declaraton; (c) all Comnon Propertes as defned n Artcle, Sectlon hereof: (d) all propertles exempted from.taxaton by the laws of the State of Kansas, upon the terms and to the extent of such legal exempton. ARTCLE V1 Archtectural Control 1...: omm t tee* Sectlon, Revew by Comlttee. No buld ng, fence, wall or other structure shal be commenced, erectod or malntl ned upon The Propertes, nor shall any exteror add1 t on to or change or rl teret on thsreun be made untl the plans and spccfcetons showng the nature, knd, shape, heght, materals, and locaton of the same shall have been submtted to and approved n wrtlng as to the harmony of external derlgn and locaton n relaton to surroundlng structures ard topography by the Developer and the Board of Dlrectors of the Assoclatlon, or by the Developer and any arch tecturel comnl t tee composed or three (1) or more representat ves apponted by the ' e ,' - 8- g;

9 Board. n the event the Developer and the board, or.ts desgnated commttee, fal to approve or dsapprove such deslgn and locaton wthn thrty (30) days after sad plans and specfcatons have been submtted to t, or n any event, f no sut to enjon the addton, alteraton or changc has been conmenced pror to tlc conlplet on thereof, approval wl not be requlred and ths Artlcle w ll be deemed to have been fully compled wl th. ARTCLE V lll txt.eror tlantenancc - ' *, Sect on, Cxterlor flalntenancc. n addl t on. to mantenance upon. the C omn Propertles, tho Assocaton may at thc rcquest of the Owner or Member,provde- ejtteror mantenance upon each Lot whch slsubject. to assessment under Artlcle V hereof, as follows: pant, repalr, replace, and care for roofs, gutters, downspots, exterlor buldng surfaces, trees, shrubs, grass, walks, and other exteror mprovements. Scctlon 2. Assessment of tort. The cost of such exterlor malntenrnce shall be assessed aganst the Lot upon whch such mantenance s done rnd shall be added to and become part of the annual malntenance assessment or charge to whch such Lot s subject under Artcle V hereof and, as part of such annual assessment or charge, t shall be a llen and obllgrtlon of the Owner or Member and sha bccoow due and payable n all respects as provlded n Artcle V hereof, Provdvtl that the Board of Drectors of the Assoclaton, when establshng the annual assessment aganst each Lot for any assessment year as requred undcr Artcle V hereof, may add thereto the estmated cost of the exterlor malntcnance for that year but shall, thereafter, make such adjustment wth the Owner or Member as s necessary to ref lect the actual cost thcreof. Secton 3. Access at Rcasonablc Hours. For the purpose solely of performlng the exteror malntenace authorzed by ths Artcle, the Asrocatlon, through tr duly authorlzed agents or employees shall have the rght, after reasonable notlce lo the Owner to enter upon any Lot 8t reasonable hours on any day. ART CLE General Prov X s ons.. Scctlon 1. Duraton. The covenants a..d restrlctlonr of'*thls Oeclaratlon shall run wth a n m h e land, and shall nure to\ the beneflt of and ' be enforceable by The Assocetlon and ts Rcmbcrs,-or the hnbr of'any land subject to thls Dcclaratlon, ther respectlve legal rapre8entatlve8, hers, successors, and assgns, for a term of O years from the drte thl8 Oeclarat on lo recorded, ef ter whch t me sold covenants' hhal be automrt lcal y extended for ruccesslve perods of ten (O) years unless an nstrument rlgned by the then-0wners of two-thlrds of the Lots has bean recorded, agreelng to change srld covenants and res.trctlons n whole or n port. Provded, however, that no,such agreement to change shall be effectlve unless mads and recorded,threc (3) years n advance of the effectlve date of such change, and unless wrltten notlce of the proposed agreement s sent to every Owner at least nlnety (90) days n advance of any acton trkrn. Secton 2. Notces. Any notce requred to be,sent to any Member or Owner under the provlslons of thls Declaraton shall be deemed to hwe been properly sent when malled, postpad, to the last known address of the parson who appears as Member or Owner on the records of the' As8oClatlon at the tlme of such rmlllng. 0-9-

10 - Secton 3* fnforccmenl. fnforccnenl or thsc covcnants and restrlctons shall be by any proceedng dt law or n equty aga~nsl any person or perrons volatng or attemptng to volatc arty covenant or restrlcton, ether to restran volaton or to recowr tlanaycs, ard aqalnst thc land to enforce any llon credtcd by these covenants; and falurc by the Asroclrtlon and ts kmbers, or any Owncr to enforce any covenant or restrlctlon heren contaned shall n no cvent be dccmed a waver of the rlght to do so thereafter. Sect on 4. Severah ty, lnva dmt or restrctons by Judgment or court order shall n no wse affect any other provsons whch shall reman n full force and cffcct. or of any enc of ttcsc covenants LlNN VALLLY LAKCS L NtCO DEVElOPMCtlT CO., NC., Ccneral Hangng Partner of Lnn Valley Lahcs, a Kansas Lmted Partnersh,p ', '

11 / ' SUPPLEMENTARY DECLARAT O14 OF 'COVENANTS AND RESTRCT - ONS THS SUPPLEMENTARY DECLARATON, made ths - 20thday of July, 1984, by LNN VALLEY LAKES, a Kansas Lml ted Partnershp, (herenafter ca 1 1 ed "Deve 1 oper"). WTNESSETH: WHEREAS, Developer s the owner of the real property descrbed below and desres to brng that real property wthn the scheme of the Declaraton of Covenants and Restrctons dated September 18, 1978 and fled September 21, 1978 n the Offce of the Regster of Deeds of Lnn County, Kansas n Book Hs. 26 at page 652, pursuant to Secton 2(a) of sald Declaraton; and 1 1 "\ WHEREAS, due to the dfferent chatacter of the below descrbed property certan complementary addtons and modfcatons to the orgnal Declaraton of Covenants and Restrct ons are necessary: NOW, THEREFORE, the Developer declares that the reel property descrlbed below, s and shall be held, transferred, sold, and conveyed subject to the covenants, restrctons, easements, charges and 1 lens (sometmes referred to as "covenants and restrctons") set forth n the Declaraton of Covenants and Restrctons dated September 18, 1978, and fled September 21, Book Hs. 26 at Page 652 n the Offlce of the Reglster of Deeds of Lnn County, Kansas n The real property whch s, and shall bo held, transferred, sold, and conveyed subject to ths Supplementary Declarat on s located n Lnn County, Kansas, and s more partcularly descrbed as follows:, TRACT 12 ALL THAT PART OF THE NORTH 1/2 OF SECTON 25, TOWNSHP 19 SOUTH, RANGE 24 EAST N L NN COUNTY, KANSAS, DESCRBED AS FOLLOWS: BEGNNNG AT A PONT ON THE SOUTH LNE OF THE NORTHEAST 1/4 OF SAD SECTON 25 THAT S NORTH 89"-57'-49" UEST, A DSTANCE OF FEET FROM THE SOUTHEAST CORNER OF SAD 1/4 SECTON; THENCE NORTH 89"-57'-49" WEST ALONG THE SOUTH LNE OF THE NORTH 1/2 OF SAD SECTON 25, A DSTANCE OF FEET TO A PONT FEET WEST OF THE CENTER OF SAD SECTON 25; THENCE NORTH 0' " EAST, ALONG THE EAST LNE OF "LNN VALLEV LAKES NO. 8", A SUBDVSON, AND TS SOUTHERLY# PROLONGATON AND ALONG THE EAST LNE OF "LNN VALLEY LAKES NO. 7". A SUBDVSON, A DSTANCE OF FEET; THENCE SOUT 80"- OO'*OO" EAST, A DSTANCE OF FEET; THENCE SOUTH 74"-30'-00" EAST, A DSTANCE OF FEET; THENCE SOUTH bj"-oo'-oo" EAST, A DSTANCE OF FEET; THENCE NORTH 84"-30'-04" EAST, A DSTANCE of FEET; THENCE SOUTH 8g0-57'-49" EAST, A DSTANCE OF FEET; THENCE SOUTH 0"-\4'-39" WEST, PARALLEL WTH THE EAST LNE OF SAD NORTHEAST 1/4 SECTON, A DSTANCE OF FEET TO THE PONT OF BEGNNNG. CONTANNG ACRES, MORE OR LESS.

12 All of such real property shall be referred to n the orgnal Declaraton of Covenants and Restrctons as "exstng property", and shall be subject to the followng complementary addtons and nodfcatons to the orgnal Declaratlon of Covenants and Restrctons as provded n Artcle, Scclon ' 1. Artcle, Secton, shall be modfed to add the followng: Paragraph () shall read as follows: ()"Undvded nterest" shall mean an nterest n land held by tenancy n conmon, subject to a waver of partton rghts, whch shall be n all respects treated the same as lot ownershp. As to the subject property descrbed above, the term "lot" as defned n the orgnal Declaraton of Covenants and Restrctons shall mean and refer to "Undvded nterest" as defned heren. 2. Artcle 111, Secton, shall be modfed as follows: A. Paragraphs (a) through () shall be om1 tted. 8. Paragraph (j) shall read as follows: (J) Campground reservatons for campers and trallers shall be restrcted to fourteen (14) days contnuous use on a frst come frst use bass. Regstraton shal be requlred at the developer's or assocat on's offce. Vehcles left beyond the fourteen (14) day perod, may be towed by the developer or the.assocaton to the recreatonal vehcle storage area wl thout ab 1 ty to the developer or the assocaton at the owners expense. C. Paragraph (0) shall read as follows: (0) The assocaton and the developer shall have an easement and rght-of-way over all of the above descrbed property for the purpose of nstallaton and mantenance of roads and publc utltes, ncludng but not 1 m ted to, gas, water, electrlc ty, telephone, dranage, and sewage, and any appurtenance to the supply lnes of the above, ncludny the rght to remove and/or trm trees, shrubs or bushes. D. Paragraph (t) shall read as follows: (t) All sales and tranfers of undvded nterests shall be subject to a waver of the owners rght to partltlon Lhe prooerty. \

13 . E. Paragraph (u) shall read as follows: (u) No Owners of an undvded nterest shall brng any acton at law or equlty to partltlon the property. 3. Artlcls V, Sectlon 2, shall be modlfled as follows: Ttle to Comnlon Propertes. The Developer may reteln the legal tltle to the cortmn propertles located wlthln the above-descrbed tract of land untl such tme as t has completed mprovements thereon, and untl such tlne as, n the opnon of the developer, the assocaton s able to mantan the same, but notwlthstandlng any provson here n, the developer hereby covenants, for tself, ts hers and ass1 ns, that t shall convey the co" propertes to the assoclaton, free and clear of all lons and encumbrances, not later than October, STATE Of KAHSAS 1 ) 6s: COUNTY OF JOHNSON ) AC KNOWLEOCEWENT Be t remembered, that on thls 20th day of July t 1984, before me, the undersgned, a notary'publlc n and for the county and state aforsseld, came Homer C. Blttlker, presldent of Llnnco Development Co., nc., Q corporaton, who s personally known to me to be such offcer, and who s personally known to me to be the person who executed as such offlcer the wlthln nstrument of wrltlng on behalf of such corporatlon, and such person duly acknowledged the executon of the same to be the act and deed of srld corporat on. n testlmony whereof, have hereunto set my hand and efflxed my day and year last above wr t ten. Pam Smth

14 ADDENDUM AND AMBNDMBNT TO THE DBCLARATON OF COVENANTS AND RESTRCTlONS OF LlNN VALLEY LAKES WEREAS, the property heren concerned s subject to a certan Declaraton of $1 Covenants and Restrctons dated September 18, 1978, and recordcd n the offce of the Regster of Deeds, of Lnn County, Kansas, on September 21, 1978, at 8:42 a.m., n Book 26 of Mscellaneous, at Page 652; and W EREAS, sad Declaraton of Covenants and Restrctons under Artcle V thereof provdes for a covenant for mantenance assessments, and more partcularly n Secton 3 of sad Artcle V sets forth a bass and maxmum of annual assessments; nrd WEREAS, provsons are made for the arnerdnent or change n sad bass ard maxmum of annual assessments and are set forth n Secton 5 et seg. of Artcle V of sad Declaraton of Covenants ard Restrctons; ard WHEHEAS, pursunnt to the requred notce a meetng of the members of the Assocaton was called for on September 13, 1987, but the quorum requred by Secton 6, Artcle V of the Declaraton of Covenants and Zestrctons faled to be present; and WHEREAS, a subsequent meetng of members was held on November 7, 1987, for the purpose of consderng such a change n the bass and maxmum of annual assessments; ad WHEREAS, all proper notce requrements set forth n Artcle V were met and the requred quorum set forth n Secton 6 of Artcle V was present to consder sad change; and WHEREAS, a majorty of the members of the Assocaton present n person or by proxy voted n favor of a resoluton changng the bass and maxmum of annual assessments. KNOW ALL MEN BY THESE PRESENTS that Artcle V, Secton 3, Paragraphs 1, 2 and 3 of the Declaraton of Covenants and Restrctons shall be md are hereby amended to read as follows: 1. $138 payable monthly ot a p ~o rata bass for each famly unt where multple ownershp s by more than onnmly - unt. 2. $138 payable monthly on a p~o rata bass for each ndvdual where multple ownershp s by more than one ndvdual, and 3. $138 payable monthly on a pro rata bass for each ndvdual or famly unt where the multple ownershp sbya busness or non-proft entty and the ndvdual or famly unt s authorzed by that busness or non-proft entty to use the facltes at Lnr Valley Lakes. 1 c. LNN VALLEY LAKES PROPERTY 0 WNEtS ASSOCATON 1 Board of. Drectors (SEAL) ATTEST:,/ -1-

15 STATE OF KANSAS 1 ) ss: COUNTY OF LlNN 1 ths & dny or +cr_blu wr, 1988, before BE T REMEMBERE, that 011 me, the undersgned, R Notmy Publc n atl for tle County and S e aforesad came Glen Branson, tte duly elected and actng Presdent of Ltn Val ey Lakes Property Owners Assocaton, and t3en Krk, the duly elected and Actng Secretary ol Lnn Valley Lakes Property Owners Assocaton, R corporhtot duly organzed, ncorporated and exstng under and by vrtue of tle laws of tle state of Kansas, who are personally known to me to be such offcers, atd who are personnlly known to me to bc the same persons who executed AS such offcers, the wthn nstrument of wrtng on beldf of sad corporaton, and such persos duly ackowledged tte executo of tlrc same to bo the act and deed of sad corporaton. N TESTMONY W1113REOP, have lereunto set my hand and uffxed my offcal seal the dav sld vear last above mentoned. My Appontment Expres., -2-6

16 SUPPLEHCNTARY DCCLARATON OF COVENANTS AND RESTRCTONS THS SUPPLEHCNTAHY DECLARATON, made ths 20th day Of July 1384, - by LlNN VALLEY LAKES, a Kansas Lr tcd Partnershp, (herenafter ca led "Owe toper"). WTNESSETH: WHEREAS, Developer s the owner of the real property descrlbed below ;:>...*,J a.. d*. -b \ 5. - ard desres to brny that real property wthn the scheme of the Declaraton of Covenants and Restrctons dated September 18, 978 and fled September 21, 1978 n the Offce of the Rcgster of Deeds of Llnn County, Kansas n Book Ms. 26 at pdge 652, pursuant to Secton 2(a) of sad Oeclaratton: NOU, THEHEFORE, the Developer declares that the real property descrbed below, s and shall be hcld, transferred, sold conveyed and occupled subject to the covendnts, restrctons, casements, chargus and 1 fens (sometmes referred,. to as "covendnts and rubtrctons") set forth n the Occlaratlon of Covcnantr and Restrctons ddted September S, 1978, and fled September 21, 1970 n Book Hs. 26 at Page 652b-b2fflce Kansas ' a of tlk Regster of Deeds of Lnn County, The real property whch s, and shdll be held, transferred, sold, conveyed, and occuped subject LO ths Supplcncntdry Dcclarat on s located n Lnn County, Kansas, and s more partcularly descrbed as follows: * * TRACT "LNN VALLEY LAKES NO. O", A SUODlVlSlON OF PART OF THE NORTH 1/2 OF SECTON 25, TOWHSHP 19 SOUTH, RANGE 24 EAST, LlNN COUNTY, KANSAS, MORE PARTCULAHLY DESCRDED AS FOLLOWS: UECNNNC AT A PONT ON THE SOUTH L NE OF THC NORTMAST 114 OF SAD SECTON 25 THAT S NORTH ng= 5'1'-49" WEST, A OSTANCE Of F ET FRON THE SOUTHEAST CORNER OF SAD 1/4 SECTON TlCNCC NORTH 89'-57'-49" UEST ALONG THE SOUTH LNE * OF THE NORTH 1/2 OF SAD SECTON 25, A DSTANCE OF FEET TO A PON FCET WEST OF THE CENTER OF SAD SECTON 25; THENCE NORTH 0"-04'-3Y' EAST, ALONG THE EAST LNE Of "LNN VALLEY LAKES NO. 8", A SUBDVSON, AND TS SOUTHERLY PROLONGATON AND ALONG THE EAST LNE Of "LNN VALLEY LAKES NO. 7", A SUUDVSON, A DSTANCE OF FEET TO THE NORTHEAST COf\NCR OF LOT 3416, "LNN VALLEY LAKES NO. Tf, SAD ' CORNER ALSO UCNC ON THE SOUTH LNE Of SOUTH LlNN VALLEY DRVE; THCNCE SOUTH 09'-54'-27" CAST, ALONG THE SOUTH LNE OF SOUTH LlNN VALLEY DRVE, A DC,TANCE OF l FEET TO THE EAST LNE "LNN VALLEY LAKES NO. 6", A SUBDVSON; THENCE NORTH 0"-04'-33" EAST ALONG THE LAST SAD EAST LNE, A OSTANCE OF FEET TO THE SOUTHEAST CORNER OF LOT 2618, "LNN VALLEY LAKES NO, 6"; THENCE SOUTH 89"-54'-27" EAST, A DSTANCE OF FEET; THENCE SOUTH 42"-04'-54" EAST, A DSTANCE OF FEET; THENCE SOUTH 89'-511'-29" EAST, A OSTANCE Of FEET TO A PONT ON A LNE THAT S 55 FEET MST OF AND PARALLEL WTH THE EAST LNE OF NORTHEAST 1/11 OF SAD SECTON 25; T)1[NCE SOUTH 0'-14'-39" WEST ALONG SAD PARALLEL LNE, A DSTANCE OF TO TlE f'0lat QF ffgnnng, CONTANNG 2.J;b ACRES, flore OR LESS AND COHPRlSltlC - f l l - l*trf rtclttf ryrfpt JllF 16

17 TRACT 2 ALL THAT PART OF THE NORTH 1/2 OF SECTON 25, TOWNSHP 19 SOUTH, RANGE 24 AST N LlNN COUNTY, KANSAS, DESCRBED AS FOLLOWS: BEGNNNG AT A PONT ON THE SOUTt1 LNE OF THE NORTHEAST 1/4 OF SAD SECTON 25 THAT S NORTH 8g0-57'-49" WEST, A DSTANCE Of FEET FROM THE SOUTHEAST CORNER Of SAD 1/11 SECTON; THENCE NORTH 89"-57'-49" WEST ALONG THE SOUTH LNE OF THE NORTH 1/2 OF SAD SECTON 25, A DSTANCE OF FEET TO A PONT FEET WEST OF THE CENlER OF SAD SECTON 25; THENCE NORTH 0-04'-33" EAST, ALONG THE EAST LNE OF "LNN VALLEY LAKES NO, 8", A SUDDVSON, AND TS SOUTHERLY PROLONGATON AND ALONG THE EAST L N OF "LNN VALLEY LAKES 7", A SUBDVSON, A DSTANCE OF 829,gO FEET; THENCE SOUTH 80'- NO. OO'-OO" EAST, A DSTANCE OF FEET; THENCE SOUTH 74'-30'-00" EAST, A DSTANCE OF FEET; THENCE SOUTH 63'-00'-00" EAST, A DSTANCE OF FEET; THENCE NORTH 84"-"'-04'' EAST, A DSTANCE of FEET; THENCE SOUTH 89"-57'-49" EAST, A DSTANCE OF FEET; THENCE SOUTH 0"-14'-39'' WEST, PARALLEL WTH THE EAST LNE OF SAD NORTHEAST 1/4 SECTON, A DSTANCE OF FEET TO THE PONT OF BEGNNNG, CONTAlNlNC ACRES, HORE OR LESS. A of such redl property shll be referred LO n the orgnal Declaraton ; '.. f of Covenants and Restrctons as "exstng property," ; LlNN VALLEY LAKES. -. uy : e-. 9 NNCO JELOPHENT co, NC. Gztkca.1 Managng Partner of Llnn Valley Lakes, a Kansas Llmlted Partnershp Secretary *

18 AC KNOWLEDC E HENT STATE OF KANSAS 1 ) 5s: COUNTY OF JOHNSON Be t rcnemberad, that on ths 20th day of July, 19Q, before nc, the undersgned, a notary publc n and for the county ard state aforesad, caw Hoser C. B ttker, presdcnt of Lnnco Development Co., nc., a corporaton, who s personally known to me to be such offcer, and who s personally known to me to be the person who executed as such offcer the wthn nstrument of wrtlng on behalf of such corporaton, ard such person duly acknowledged the executon of the same to be the act and deed of sad corporaton. 3. n 4.., testmony wtercof, have hereunto set my hand and affxed my.,s..;". qofarra(,&pl the day and year last above wrtten... *\.btal)# ' -..) 4, ' 0. ;. s c C 4 Notary Pub1 C v, Patt Smth L ly C~nmj,sq*lon Exp res : October 7, *-?-rc-.. d. n

19 SUPPLEHENTARY DECJARATON OF COVENAWS AN) RESTKLCTONS 'l'lls SUl'l'L15MEN''AtY 1)13CLAl~A'l'ZON, nade t1.s tlcy of September, 1990, by LLNN VALLY AKES, n Knrsns l,.ltl.ted t'a r t ter sl p (le re haft er ca 1 led "leve lo per"). WTNESSE'L'H : WEH~AS, 1)eveloper 1s tle owner of tle. ~)ropc~:~y descr1)ed )e low.md desre3 to lr 1.g tlat recl property wtln tle scleme 01 the Declnrnton of Covetats ard HeRtrLctLos dated September 18, 1978, ard fled September 21, 1978, r the Offce of tle kglster of Deeds 01 Ll.n County, Kasns h look MLsce Latcous 2G, AL: Page 652, pursuant to Secton 2(a) ol: Rad Declaraton, nntl ne scl Declarat Lo wns mended by the "Addendutn and AtnedmetL to the Declarnton of Covenants atd testrctons of Lnn Volley Lakes", dated Jaruary 9, 1988, atd fled May 24, 1988, n Lle oflce of ttc tegster of leeds of Lu County, Knsns, Uook Mscellaeous 36,- at Page 364: NOW 'l3lll~b~~ul~e, the Develwper declares tlnt the reul property descrbed below, La ard shall be held, trnrsferred, sold coveyed otd occuped subject to the coveonts; restrctons, easenelts, charges and lens (sometme3 referred to as "covetants and restrctons") set fortl the )eccrat1or 01 Covennts trl kstrctonr dntctl September 113, 1978, and led September 21, 1'378 n llook Mscellaeous 26 at Page 642 n tle Offce of tle Kcgfstcr of Deeds of Llt County, Knnsas, and by the "Adderdun ord Amerlnent to tlte Declaraton of Covenants and Kestr Lct Lors of L Vnlley Ltkes", dated Jtuary 9, 1988, ard fled May 24, 1988, t1 the ol'lce ol' the teglster of Deeds of Lln County, Kansas, jr hok Mlscellnreous 3G, at 'oge 364: 'l'le real prcvperty wlcl s, AK Rln11 be elcl, trmserred, old, conveyed, R( occuped sul,jccl tu L1.s Supplernertary )ecla-atlor s loccted n LLnr CounLy, Kntlsas, and s more ynrtlcutnrly descrlbecl as follows:

20 .. The South Half of tle Southwest Quarter; The Nortlteast Quarter of the Southwest Quarter; and tle Norch nle of the Southeast quarter, all h Secton 2.4, Townshp 19, Range 24, contahng 200 acrf's, nore or less, ExCEpr: All Che part 01 the Southwest 1/4 nntl rll tlot part OL the Northwest 1/4 of SectLo 25, Townshp 19, Range 24, f Lnn County, Knnsas, descrbed as follows: Uegnntg at the Southwest corner of Lot 3707 "Ln Valley Lakes 8th Plat", R subdvsj-on n sad Ltn County; thence South 89'57 '49" East, along the south lne of Lots 3707 through 3725, ft sad subdvsfor, a dstance o Leet to the southeast corner of sad Lot 3725; thence South 1So-OO'0O" West, a dstance of feet; thence South 75-00'00" West, feet; thence North 3O0-0O'-OOt' Wesot, [eat; therce South 60-00'-00" WeRt, n dstance of feet; thenee South O'-OO'-OO" West, a clstarce of feet; thence South GO'-OO'-OO" Westd a dstance of feet; thence North 80 -OO'-OO" West, a dstance eet, to tle Southeast corner of Lot 3442 n sad subdvson; tlence North oo-03 '-09" East, along the east lne of sad subdvson, n dstance of feet to the pont ol: a dstance of begnnng. ContaLnng 659,323 Rquare feet or Rcres, nore or less. And' except that part deeded for hghway purposes. All of such real property shall be reterred to n the orgnal Declaraton of Covenants and Restrctons as "exst Ltg property :" LNN VALLEY LAKES /) Presf.dent LXNNCO DEVELOPMENT CO., LNC. General Matagng Par trer of Lnr Valley Lakes, a Kansas L m t e d Part ne r sh. p

21 S UPPLEllE NTA 1 Y DE C LA MT ON OF COVENANTS AND RESTlR THS SUPPLE"ARY DECLARATON, Pebruary, 1981, by LLNN VALLEY LAKES, a Katreae LmLte Pa (herenef t,er called "Developer") a WTNE SSET : tnede thfe 25th day of HEREAS, Developer e Lhe owner of the real property /,elowand desres to brrg thst real property wlttrn the acheme of.. he Declaraton of Covenate and.reetrctone dated septamber 14,. ; 978 and fled Septarnber 21, 1978 n the Offce of the Regfgtsg::' f Deede of Lnn County, Kaneae fn Dook Me, 26 at page 652, nt to Secton Two (2) (a) of sad Declaraton: NOW, TEREFOWE, the Developer declares that; the red. eecrbed below, e and ell811 be held, transferred, eolr,.. nd occuped eubjecf; to the covenant8, reetrctone', easem hatgea and lens (sometmee roferred LO as "covenante end tone") eet forth n the Declaraton of Covenente and Rest sted September 18, 1978, and fled September 21, 1978 n nt Page 652 n the Offce of the Rpgeter of Deeds of &nn '. punty, Kaneae. The real property whch e, and shall be held, tranef,d, conveyed, and occuped subject to tlla Supplementary 111 // L.V. r..,rm5$.,53 feet of the Eaet 100 feet of the '.. ::: p yp,p..',',;,.', 1 Northweet Quarter (NW 1/4) of Secton Twenty-fve (25), ' Tomehp Nneteen (19) So.uth, Range Twenty-four (24) E+OG,'t;'(,,,..."..: ' Cnntenfna 15 acres, more or lees :- [ 4...;,,' :',,;.,..,#/.,,,' :, } 7:. 1,, 0 A'; '.,. q,,ll,,,?;,., k);,.. h e "'''~:'..~*;',~ A::= owubb,fcadt Quarter (SE 1/4) of the Northeaet Quarter :.j&?r,.$ (NE 1/4) of Secton Twenty-ex (26) Tomehp Nneteen (19) South, Hnnge. Twenty- four (24) Eae t of the Sxth 8;.: '*.$..,,. a,',.; Prncpal Herf dan, ; ',#.. 1;.t;.; ;& / rtl. :;*+ pf-g ' : *;,.,l.$,j of such real property ehell be referred to n the org$nr)fj 'r.... t&@.jq 1;,, 1