Terrain: This area is a on a gentle slope located between the Bull Mountains (Deer Lodge National Forest) and the Boulder River.

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1 Jack Creek Estates info Justin Joyner, broker Steel Horse Real Estate, license RRE-BRO-LIC Financing: rates & terms are listed on the sales map attached. There are no prepayment penalties. Paying more than the minimum payment every month saves you interest in the long run. Association: We are currently in process of turning the homeowners association into a road maintenance association. Good roads are important! This is not a homeowners association or a property owners association. Timing for construction: There is no time limit for construction. You can leave the land bare if you want to for as long as you d like. You must have a septic permit in place from Jefferson County Sanitarian office before starting construction. State of Montana and Jefferson County both require septic and well to be in place before occupying these properties. Access: The roads at Jack Creek Estates are public road easements. The roads are graveled, with no plans for paving. At this time, the owners of Jack Creek Estates are not allowed to use the portion of Rocky Road between Jack Creek Estates and Highway 69. Access from Highway 69 is from Rodeo Road. Terrain: This area is a on a gentle slope located between the Bull Mountains (Deer Lodge National Forest) and the Boulder River. Water: There are a couple of wells located in the Jack Creek Estates. The average depth is 224 feet with an average flow of 11 gallons per minute. Every property owner at Jack Creek Estates has the right to drill a well on their property. JCE-27 has a permitted domestic well that is 228 ft deep, with a flow of 12 gallons per minute. Property Taxes: 2011 yearly amount was less than $250 for each of these: JCE-25, 27, 28, 29, 30, 33. Improvements & Utilities: Underground power and phone line to each lot. Elevation: ft. Nearest town: Boulder, Montana is about 10 miles north. Boulder is the county seat for Jefferson County, Montana. The population in 2000 was 1,300 people. The town was established in the 1860 s as a stagecoach station. Boulder has a natural hot springs pool, and a small airstrip. Helena, Montana is about 40 minutes north. Butte, Montana is about 40 minutes southeast. Bozeman, Montana is about 1 hour east. Nearby attractions: Deer Lodge National Forest, Helena National Forest, Elkhorn Wildlife Management Area, Boulder River, Elkhorn State Park- all within a few minutes of the property. Deed and Title: Warranty deed, Insured Title, Guaranteed access, any mineral rights owned by seller are passed along at closing. Property summary: These are incredible building sites with views of many western Montana mountain ranges. Power, phone, easy access, private financing, access to hunting & fishing. Less than 1 hour from 3 of Montana s major cities and less than 10 minutes from a grocery store!

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6 all contracts calculated to 15 years - no prepayment penalties property # acreage notes price 10% down, 8% int $1000 down, 10% int $0 down, 12% int $52,500 $452/mo $555/mo $631/mo $44,500 $385/mo $469/mo $535/mo $47,500 $469/mo $500/mo not available

7 Montana's Ground-Water Information Center (GWIC) Geographic Data V Page 1 of 2 5/3/2012 Groundwater Information Center Montana Bureau of Mines and Geology Montana Tech of The University of Montana 1300 West Park Street - Natural Resources Building Room 329 Butte Montana Ph: (406) Fx: (406) Menus: Main SWL GWCP Projects Coal Geothermal You are currently signed in. 5/3/2012 Sign Out Home Well Data Reports Data Coop DrillerWeb DNRC Help! GWIC Data > Well Construction Data > Township: 04N Range: 03W Sec: 4 The following data were returned from the GWIC databases for the area you requested. For a more detailed description of the data view the GWIC Metadata report. If you notice data entry errors or have questions please let us know by clicking here to leave us a message. If you wish to view a one page report for a particular site, click the hyperlinked Gwic Id for that well. Scroll to the right of your screen to view all the data. All data displayed on the screen may not show up when printed. Retrieval Statistics* Field Max Min Avg Total Depth (ft) Static Water Level (ft) Yield (gpm) * These statistics do not take any geographic, topographic, or geologic factors into consideration. Negative swl values are reported for water levels that are above land surface. Other GWIC data Did you know about... GWIC has 1 field visit(s) for this request area. GWIC has 7 water level(s) for this request area. Thanks, Just take me back to the menu. Other MBMG data MBMG has 372 publications available for JEFFERSON county. MBMG has 4 abandoned mine record(s) for this request area. Gwic Id PDF DNRC WR Site Name Twn Rng Sec Q Sec Ver? Type Td Swl Pwl Rwl Yield Test Date Use MDOT* ELKHORN ROAD - SOUTH* C HALE ALAN & GAIL MDOT* ELKHORN ROAD - SOUTH* C BAERGA, JOHN AND PATRICIA G BROGAN, MIKE/WEB, SHARON C WELDON, RICK AND MELODY KNUTSON JOHN FELSKA REAL ESTATE, INC FELSKA REAL ESTATE, INC SMITH, SHAWN & SHANNON C YANZICK, DAN AND KAREN 04N 03W 4 ABB No BOREHOLE /11/2007 GEOTECH 04N 03W 4 ACB No WELL AIR 5/21/2007 DOMESTIC 04N 03W 4 ADA No BOREHOLE /9/2007 GEOTECH 04N 03W 4 ADC No WELL AIR 3/9/2001 DOMESTIC 04N 03W 4 BA Yes WELL AIR 6/9/2006 DOMESTIC 04N 03W 4 BC No WELL AIR 2/2/2004 DOMESTIC 04N 03W 4 CC No WELL AIR 2/18/2010 DOMESTIC 04N 03W 4 CCA No WELL AIR 9/1/2008 FIRE PROTECTION 04N 03W 4 CCA No WELL AIR 6/28/2007 DOMESTIC 04N 03W 4 CD No WELL AIR 6/27/2007 DOMESTIC 04N 03W 4 DA No WELL AIR 9/10/2001 DOMESTIC End of Report. 11 record(s) listed. Items of Note: 1 This report is restricted to site types of WELL, BOREHOLE, SPRING, COAL BED METHANE WELL, PETWELL, PIEZOMETER. 2 A single well record (a distinct GWIC Id) may be represented by more than one line in this report if more than one performance test was conducted on the well at the time

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13 DECLARATION OF COVENANTS Jack Creek Estates Major Subdivision WHEREAS, there are currently Covenants, Conditions and Restrictions for Jack Creek Estates Major Subdivision dated September 28, 2009, and recorded at Jefferson County Clerk and Recorder s Office Montana, on October 16, 2009, Document No , for the real property known as Jack Creek Estates, (hereinafter referred to as Original Covenants ), and Amended Covenants, Conditions and Restrictions dated December 8, 2009, recorded at the Jefferson County Clerk and Recorder s Office on December 9, 2009, Document No , and a Second Amendment of the Covenants, Conditions and Restrictions dated March 8, 2010 and recorded at the Jefferson County Clerk and Recorder s office on March 10, The property included in the Covenants is described in the official plat on file at the office of the County Clerk and Recorder in and for Jefferson County, Montana, more particularly described on said plat as: Lots 1-37 of the Jack Creek Estates Major Subdivision, Section 4, T4N, R3W, COS in Jefferson County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Jefferson County, Montana (Folio 859B) WHEREAS, due to the changes in law and in the Subdivision itself since inception the members desire to amend the existing Covenants to reflect those changes; THEREFORE, the necessary number of the Lots desire to amend the existing Covenants, have voted to approve this amendment and the required number of Lot Owners have executed this instrument and it shall supersede and replace the Original and all Amended Covenants, and all guidelines or written interpretations governing Jack Creek Estates Major Subdivision prior to the date of these Amended Covenants. The undersigned do hereby establish, dedicate, declare, publish, and impose upon the Lots, the following protective and restrictive Covenants, as amended, which shall run with the land and shall be binding upon and be for the benefit of all persons claiming the Lots, their grantors, legal representatives, heirs, successors, and assigns, and shall be for the purpose of maintaining the value, character, architectural design, use and development of the Lots. The amended Covenants shall apply to the entire Lots, and all Lot Alterations placed or erected thereon, unless otherwise specifically accepted as herein mentioned. The Covenants shall be binding to and pass with each and every Lot, or division of the property described above. The Amended Covenants are as follows: 1. Minimum Building and Property Use Restrictions. a. Livestock and Pets. Livestock and Pets are allowed on the Lots. Any and all animals kept on the Lot must be fenced or contained within the boundaries of said Lot, or if Owner owns contiguous Lots, within the boundaries of those contiguous Lots. Pets shall not be allowed to run at large and shall be under control at all times. b. Commercial Use. There will be no Commercial Use allowed on any Lot. Home Occupations and In Home Businesses are allowed on the Lots. Commercial Use means any enterprise or Page 1

14 enterprises of any kind for profit or nonprofit that is not a Home Occupation and/or In Home Business; including but not limited to any retail or wholesale activity such as: shops, stores, care facilities, rental and repair operations, reclamation projects, commercial kennels, or any other Business that necessitates consumer traffic or activity on a temporary or permanent basis. Home Occupation and/or In Home Business is any one of the following Cottage industry - small scale, non-retail endeavors for profit or nonprofit performed by the Lot more akin to a hobby than to a commercial enterprise which generates little to no consumer or vendor traffic and is not disruptive to other owners as determined by a reasonable person standard; or A Consultation or Business office used to provide a service or product for profit or nonprofit and generates little to no consumer or vendor traffic and is not disruptive to other owners as determined by a reasonable person standard; or Rental for residential use as permitted by these covenants: or The planting, caring and harvesting of grain, hay and gardening produce for sale; or Ranching including the use and keeping of a reasonable number of livestock, including horses and cattle. The livestock must be fenced onto the subject property as stated in Section 1. c. Water and Sewage. Any property owner must assume the burden of supplying and developing water and sewage facilities for his own domestic use. Wells and water systems shall be drilled, installed and maintained at all times in accordance with all applicable rules and regulations of any public agency having authority over same. d. Road Maintenance by Owner. If a purchaser wants the roads maintained beyond what the Road Maintenance Association sees as reasonable he or she may do so at his or her own expense but takes on the liability of any work Owner completes in the Road. When a land owner installs a driveway, an eighteen inch (18") culvert is required to be installed. e. Reservation of Easements. All future Grantees covenant and agree that the Grantor is reserving an 60 foot wide easement for general public ingress and egress and for public utilities as recorded on the Certificate of Survey; a fifteen foot (15') easement for public utilities will run parallel to all surveyed property lines, more clearly stated as 15 on both sides of each property line. Jack Creek perimeter parcels will have a thirty foot (30') easement for public utilities along the outside perimeter boundary or boundaries. Public utilities will follow access roads where convenient and economically feasible in the opinion of the Grantor herein. All future Grantees covenant and agree that roads shown on the certificate of survey are public roads, as noted on the certificate of survey. Only roads constructed by Grantor and shown on the Certificate of Survey for Jack Creek Estates Major Subdivision (Certificate of Survey) shall have such easements. Old Ranch Roads not constructed by Grantee shall not be easements open to travel by all parcel owners and are not shown as easements on the Certificate of Survey. f. Setbacks and Nuisance. No structures or improvements will be located on a parcel within 75 feet of any lot line or existing roadways indicated on the Certificate of Survey except signs identifying lot number, address, or occupants, customary fencing and mailboxes. These signs, fencing and mailboxes may not be placed within an easement. All future Grantees further covenant and agree not to cause any condition that will cause the accumulation or existence of garbage, junk or condition causing a noxious odor on subject property, or conditions which would normally be deemed a private or public nuisance, including, but not limited to, inoperative Page 2

15 motor vehicles and scrap materials of every sort. Inoperative vehicles stored in a finished garage will be exempt from this paragraph. No vehicles shall be parked within easements as shown on the Certificate of Survey. g. Improvements within the Easement. All future Grantees covenant and agree that no gates, fences or other obstructions shall be placed on any access road. The access roads are the roads shown on the Certificate of Survey. Metal cattle guards will be allowed if installed in accordance with county road regulations. h. Time for Construction. All future Grantees covenant and agree that any construction of residences, outbuildings or any other buildings must be completed on the exterior within twentyfour (24) months of the commencement of construction i. Size of Residences. The minimum square footage of any residence shall be 600 sq. ft. j. Cattle Guards. A landowner may install a cattle guard or gate on his/her driveway as long as the driveway is not part of the road system to access other parcels within Jack Creek Estates as shown on the Certificate of Survey. k. Mobile Homes. All future Grantees covenant and agree that mobile homes will not be placed on any Lot. Mobile Homes/House Trailers means mobile homes/house trailers as defined in Montana Code Annotated (2007) and any amendments thereof. l. Exterior Materials and Recreational Vehicles. Exterior materials shall be non-reflective. This covenant is not intended to prohibit a property owner from storing a factory-constructed recreational vehicle (camper) on the subject property following completion of Grantee's residence. A property owner may use a factory constructed recreational vehicle for temporary use on this property during construction. In the case of construction, twenty-four (24) months shall be the maximum use, and construction must be on going. One hundred twenty (120) days shall be the maximum use in the case of hunting season and/or vacations. Prior to a residence being constructed, factory-constructed recreational vehicles will be allowed permanently if stored in a cabana-like building or parked on a prepared RV pad. Any permanently stored recreational vehicle that includes a kitchen and/or bathroom facility may include a pump-out station hooked into the lot's septic system, and must meet all state and County requirements for same. Lot owners must dispose of RV tank waste according to State and County requirements. Once a primary residence is completed, recreational vehicles may be stored as the Owner desires. Recreational Vehicle means a conveyance capable of transporting or housing people or their large animals (like horses and llamas) for short-term recreational purposes, including but not limited to camping trailers, class A, B or C motor homes, horse trailers, boats, snowmobiles, allterrain vehicles, and trailers for transporting such vehicles m. Signs. All future Grantees covenant and agree that no signs or advertisements shall be placed on this property, except for a sign designating the owner's name, lot number and/or address. This restriction shall not preclude any future Grantee from placing a "For Sale" or For Rent sign on the property. "No trespassing" signs will be allowed with a minimum of two hundred fee (200') spacing between signs. No signs shall be placed within road easements except street signs, traffic control signs, and signs identifying Jack Creek Estates. n. Further Subdivision. All future Grantees covenant and agree not to further subdivide the property. Page 3

16 2. Road Maintenance Association a. Establishment of a Road Maintenance Association. When title to 90% of the Lots is held by owners other than Grantor, the duties, benefits and enforcement of these Covenants with regards to the Roads and other easements will transfer to a Road Maintenance Association, which will be set up by the Owners. The Road Maintenance Association will have the right to enforce only the portions of the Covenants that deal with the Roads, including but not limited to road maintenance, structures within the easement and similar items. The remaining Covenants may be enforced by each Lot owner, individually. The sole exception of transfer is the reservation of the Easements in Section 4, which will remain the Grantor s. b. Ownership: Every Owner of a Lot shall be a member of the Road Maintenance Association, once an Road Maintenance Association is created. By purchasing a Lot, the Owner acknowledges Owner will become a Member of the Road Maintenance Association and agrees to the Membership. Membership shall be appurtenant to and may not be separated from the ownership of any Lot subject to assessment. Each Lot shall be responsible for advising the Road Maintenance Association of his acquisition of ownership and his current mailing address. c. Bylaws: Pursuant to Montana Law, Road Maintenance Association officers shall operate under these Covenants and the Road Maintenance Association Bylaws. d. Voting Membership: Members shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. All of the persons or entities collectively named in the Warranty Deed as owner(s) shall inform the Road Maintenance Association which individual is authorized to exercise voting rights for the Lot in any voting matter. The Road Maintenance Association has the right through the Board of Directors to suspend the voting rights of any Member that is not In Good Standing. Voting rights are suspended automatically by nonpayment of dues or liens. In cases of extreme financial or personal health hardship, or military deployment, the Board of Directors may grant a temporary variance waiving the suspension of voting rights. 3. ASSESSMENTS a. Liens and Assessments: Each Owner by acceptance of a conveyance, whether or not it shall be so expressed in the conveyance, is deemed to covenant and agree to pay to the Road Maintenance Association or Grantor the annual assessments or charges, such assessments to be established and collected as hereinafter provided. The annual and special assessments together with interest of 10% per annum, costs, and reasonable attorney s fees, shall be a charge on the land, run with the land and shall be a continuing lien upon the property against which the assessment is made. If any assessment is not paid within thirty (30) days of its due date the Board of Directors or Grantor may file a lien with the Jefferson County Clerk and Recorder. In cases of extreme financial or personal health hardship, or military deployment, the Board of Directors or Grantor may grant a temporary variance for delayed payment of any assessment and fines. Page 4

17 b. Purpose of Assessments: The assessments levied by the Road Maintenance Association or Grantor shall be used exclusively to improve, repair and/or maintain the roads, to provide for snow removal, noxious weed control within the easements and for enforcement of these items it enforces pursuant to the Covenants. c. Annual Dues/Assessments: The amount of the annual dues/assessments shall be fixed by the Board of Directors of the Road Maintenance Association or Grantor. Only those Lots that have voting rights attached to the Lots may be assessed. The maximum dues/assessment per owner as described in 2b above which may be made by the Road Maintenance Association or Grantor in every calendar year shall not substantially exceed the actual and reasonable costs incurred by the Road Maintenance Association or Grantor in carrying out the purposes herein set forth. The maximum annual dues/assessment may not be increased each year by more than ten percent (10%) above the maximum dues/assessment for the previous year without a vote of the membership. The maximum annual dues/assessment may be increased by more than ten percent (10%) by a vote of majority or more of all the votes in the membership of the Road Maintenance Association or Grantor. Voting will be by written ballot. d. Uniform Rate of Assessment: Both annual and special assessments for Owners shall be fixed at the same uniform rate for each Lot, that the assessments shall be the same amount regardless of Lot size, and may be collected on an annual basis or any other basis to be determined by the Board of Directors of the Road Maintenance Association or Grantor. e. Annual Assessments, Voting and Proxy Information: The Board of Directors shall determine the date for the annual meeting of Road Maintenance Association each year, which shall be held once per fiscal year. The Board of Directors shall recommend the annual dues and assessments, and establish the date of the annual meeting. Proxy information shall be provided to the Members by written notice in accordance with the Bylaws, not less than fifteen (15) days or more than forty 60) days before the annual meeting date. f. Effect of Nonpayment of Dues or Assessments: Failure to pay any dues or assessment within thirty (30) days of its due date will create an automatic lien against the property being assessed. The Road Maintenance Association or Grantor may file that lien with the Jefferson County Clerk and Recorder s Office, bring an action at law to collect the lien or foreclose the lien against the property in the same manner as a mortgage on real property, and the Road Maintenance Association or Grantor shall be entitled in any such actions or foreclosure proceedings to recover its costs, including lien release fees, expenses and reasonable attorneys fees. No Owner may waive or otherwise escape liability for the dues or assessments provided for herein or in the Bylaws by non-use of the Subdivision Roads or non-use or abandonment of his Lot. In cases of extreme financial or personal health hardship, or military deployment, a temporary variance for delayed payment of any assessment and fines may be granted by the Board of Directors or Grantor. g. Sale or Transfer of a Lot: Sale, transfer or encumbrance of any Lot shall not affect the assessment lien as the liens run with the land. It is the duty of the prospective purchaser to contact the Road Maintenance Association or Grantor or to otherwise determine if there are any liens on the property. 4. TERM, ENFORCEMENT, APPLICABILITY AND CHANGE a. Covenant Term of Applicability: These restrictive Covenants shall remain in full force and effect Page 5

18 until 5 years from approved covenant date. After that date the said Covenants shall automatically be extended for additional five (5) year periods, until terminated or modified as hereinafter set forth by recording an acknowledged instrument signed by a majority of the Lot Owners in the Subdivision. The Covenants may be amended at any time. b. Covenant Enforcement: These Covenants, as above set forth in Section 2(a), shall be enforced by the Road Maintenance Association Board of Directors or by the individual Lot Owners. Enforcement of these Covenants shall be by proceedings either at law or in equity against any person or persons violating or attempting to violate any Covenant; and the legal proceedings may be either to restrain violation of the Covenants or to recover damages or both. In the event of any action to enforce these Covenants, the prevailing party shall be entitled to costs and a reasonable attorney s fee to be set by the Court. The cost of correcting the defect or undoing the violation, if undertaken by the Road Maintenance Association, shall constitute a lien against the tract and/or the grantee s interest therein, such lien to be enforceable by sale under the laws of the State of Montana. c. Costs of Covenant Enforcement: Should any lawsuit, arbitration or other legal proceeding be instituted by the Road Maintenance Association or Lot Owner against a Lot Owner alleged to have violated one or more of the provisions of this Declaration and should the Road Maintenance Association be wholly or partially successful in the proceeding, the offending Lot Owner shall be obligated to pay the costs of such proceeding, including reasonable attorney s fees and costs. d. Meeting Quorum: A quorum of Members for any Road Maintenance Association meeting shall be fifty percent (50%) of the Members, including proxies submitted by absentee Members who are entitled to vote. If a quorum is not present at the first meeting called for the purpose of conducting any Road Maintenance Association business, another meeting shall be called subject to the same notice requirement as set forth herein. The required quorum at the subsequent meeting shall be onehalf (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. e. Amendments. Any provisions herein may be amended or revoked, and additional provisions added, at any time by written instrument duly signed and acknowledged by the owners of record of not less than 60% of the voting rights of parcels covered under these covenants as described in the legal description on Page 1 herein. f. Covenant Severability: Invalidation of any one of these Covenants by judgment or court order shall in no wise effect any of the other Covenants or provisions, all of which shall remain in full force and effect. g. Covenant Applicability: All of the above-described real property and Lots shall be subject to the restrictions and Covenants set forth whether or not there is a reference to the same in a deed or conveyance as these Covenants run with the land. h. Breach of Covenants: A breach of any of the foregoing restrictions or Covenants shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon any Lot thereon. However, the Covenants shall be binding upon any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherwise. i. Non-Liability of Board and Committee Members: No Committee nor any member thereof, nor the Board nor any member thereof shall be liable to the Road Maintenance Association or to any Owner or to any other person for any loss, damage or injury arising out of or in any way connected Page 6

19 with the performance of the Committee s or the Board s respective duties under these Covenants unless due to the willful misconduct or bad faith of the Committee or its member or the Board or its member, as the case may be. j. Covenant Titles and Captions: All articles, section and paragraph titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of these Covenants. k. Law Governing Covenants: These Covenants shall be governed by and construed in accordance with the laws of the State of Montana. DATED this 24 th day of May, Felska Real Estate Inc Dan Felska, President Horsepower Holdings LLC Justin Joyner, Member STATE OF MONTANA ) : County of Gallatin ) On this day of, 2007 before me, a Notary Public in and for the State of Montana, personally appeared Dan Felska, known to be the President of Felska Real Estate, Inc.., a Montana corporation, and Justin Joyner, known to be a signing member of Horsepower Holdings, LLC, and acknowledged to me that they executed the foregoing instrument for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for the State of MONTANA Residing at: Bozeman, Montana My Commission Expires: Page 7

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