~ONSOLIDATED PROTECTIVE COVENANTS FOR

CONSOLIDATED PROTECTIVE COVENANTS FOR

FLINT RIDGE NO. 1-AMENDED, FLINT RIDGE NO 2,

FLINT RIDGE NO. 3 AND FLINT RIDGE NO. 4

SUBDIVISIONS LOCATED IN ADAIR AND DELAWARE COUNTIES, OKLAHOMA

1. Lots 1 through 135, Block 1, Bear Lake Area; Lots 1 through 150, Block 2, Fox

Creek Area; Lots 1 through 128, Block 3, Hidden Valley Area; Lots 1 through 136,

Block 4, Deer Creek Area; Lots 1 through 88 Block 6, Highland Area; Lots 1 through

126 Block 7, Bird Creek Area; Lots 1 through 128, Block 8, Clear Creek Area; Lots 1

through 124, Block 9, Pine Ridge Area; Block 1 through 121, Stone Ridge Area,

Block 10 Amended; Lots 1 through 86, Fox Ridge Area, Block 11 Amended; Lots 1

through 72, Bird Valley Area, Block 12 Amended; Lots 1 through 193, Creek Area,

Block 13; Lots 1 through 182, Birchbark Hill Area, Block 14; Lots 1 through 117,

Indian Ridge Area, Block 15; Lots 1 through 235, Walnut Hill Area, Block 16; Lots 1

through 121, Berry Hill Area, Block 17; Lots 1 through 69, Sawmill Hollow Area,

Block 18; Lots 1 through 191, Willow Creek Area, Block 19; Lots 1 through 201,

Cave Creek Area, Block 20; Lots 1 through 191, Timbercrest Area, Block 21 (the “Residential Lots”) Shall not be used or occupied other than for single family residences except as provided to the contrary herein. Any other use is strictly prohibited.

2. No building shall be erected, altered, placed or permitted to remain on

any residential lot, except as provided in paragraphs 8, 9 and 18, other

than one single-family dwelling and a private garage which may be attached

or detached from the single family dwelling.

3. All buildings and garages other than those built by the Developer upon any residential lot must be approved by the ACC which shall be composed of three (3) members to be selected and chosen by the Association.

4. All plans for buildings upon any residential lot (other than those built

by the Developer) must be submitted to ACC before any construction is commenced. Commencement of construction shall be as defined in paragraph 6(e). The ACC shall

have a period of thirty (30) days after the plans are submitted by any residential lot owner to approve, reject or modify the

same. If the ACC fails to act upon said plans within thirty (30) day period, the

plan shall be deemed approved without further act of the ACC. If the ACC rejects

or requires any amendment of said plans, the owner or other person(s) submitting

the plans shall be obligated to satisfy the ACC^’s objections before any

construction is begun. The ACC shall not unreasonably withhold its approval and

after approval has been obtained, no substantial change in the plans shall be made without obtaining the approval of the ACC.

5. No commercial or industrial enterprise, business or activity shall be conducted

on any residential lot or in any building located upon any residential lot.

6. All residences and buildings upon residential lots conform to the

following minimum requirements:

(a) The enclosed interior floor area of any residence located in Flint Ridge

No. 1-Amended shall be not less than 700 square feet except on the following residential lots where the enclosed interior floor area of any residence shall

not be less than 1,000 square feet All lots which either adjoin or are adjacent

to Bear Lake,, Clear Creek Reservoir, Lots 22, 23 and 24, Block 7, Bird Creek

Area, Lots 50, 51, 64, 65, .97, 98, 99, 100, 115 and 124, Block 9, Pine Ridge

Area. The enclosed interior floor area of 'any residence locate^d in Flint Ridge

No. 2, shall be not less than 850 square feet except on 'the following

residential lots where the enclosed floor area of any residence shall not be

less than 1,100 square feet;, Lots 24, 25, 27, 28, 54, 55, 57 through 59, 68

and 69, Bird valley Area, Block 12 Amended; Lots 106, 107; 129 through 130 and

lots 135 through 150, Wildhorse Creek Area, Block 13; Lots 46, 71 through 78 inclusive, 122 through 141 inclusive, Birchbark Hill Area, Block 14; Lots 87

through 97 inclusive, 104 through 112 inclusive, 116 and 117, Indian Ridge Area,

Block 15. The enclosed interior floor area of any, residence located in Walnut

Hill area, Block 16, Flint Ridge No. 4, shall not be less than 850 square feet except for those lots upon which a Multi-Family Residence may be constructed,

in which case the' minimum square footage shall be as listed in Article 1(k)

below. The enclosed interior floor area of any residence located in Berry Hill

Area, Block 17, Flint Ridge No: 4 shall not be less than 850 square feet. The enclosed interior floor area of any residence located in Sawmill Hollow Area,

Block 18, Flint Ridge No. 3, Willow Creek Area, Block 19, Flint Ridge No. 3,

Cave Creek Area, Block 20, Flint Ridge No. 3, and Timbercrest Area, Block 21,

Flint Ridge No. 3 shall not be less than 850 square feet. The aforesaid minimum floor-area requirements are to be calculated by using the enclosed interior dimensions of the residences.

(b) No building or structure shall be located nearer than the Building Setback

Line, as shown on the plat of Berry Hill Area, Flint Ridge No. 4, Block 17, and

not nearer than 15 feet to any side or rear lot line when not indicated on the

plat. No building or structure shall be located nearer than the Building Setback Line as shown on the plats of Cave Creek Area, Flint Ridge No. 3, Block 20 and Timbercrest Area, Flint Ridge No. 3, Block 21 and not nearer than 15 feet to any

side or rear lot line when not indicated on the plat. No building or structure

shall be located nearer than 25 feet to any front lot line as the lot lines are shown on the plat of Sawmill Hollow Area, Block 18, Flint Ridge No. 3 and not

nearer than 15 feet to any side lot line, and no building or structure shall be located nearer than 25 feet to any front lot line as the lot lines are shown on

the plat of Willow Creek Area, Block 19, Flint Ridge No. 3 and not nearer than

15 feet to any side lot line, and no building or structure shall be located

nearer than 25 feet to any front lot line as the lot lines are shown on the

plat of Block 16, Flint Ridge No. 4, and not nearer than 15 feet to any side

lot line, and no building shall be located on any lot nearer than the front

building setback line as shown on the plats of Flint Ridge' No. 1-Amended and

Flint Ridge No. 2 and not nearer than 15 feet to any side lot line; provided, however, the ACC is hereby granted the authority and the right to vary or waive

this paragraph 6(b) by giving its written approval thereto, which must be

signed by at least two members thereof, acknowledged and filed of record in

the county Clerk's office of Delaware and Adair Counties, Oklahoma, as the

case may be.

(d) No dwelling, garage, swimming pool or other permanent improvement(s) on any residential lot shall be built nearer than 25 feet" from the rear property line except: With respect to any residential lot which either adjoins or is adjacent to Clear Creek Reservoir located in Highland Area, Block 6; Bear Lake located in Bear Lake Area, Block 1; no dwelling, garage, swimming pool or other improvement and no septic tank, field or lateral line(s) therefor shall be located or built n nearer than 100 feet from the shore line of said lakes and reservoir shown on the plat of Flint Ridge No.1-Amended or beyond the building setback lines for Clear Creek Reservoir as shown on said plat. Under no circumstances shall this restriction be waived or modified to permit said minimum distances to be shortened.

(e) From the date a residential building upon any residential lot

is begun, construction must be completed within one hundred eighty

(180) days thereafter, except the ACC shall have the right to

extend such construction period. The beginning of construction

shall be the date any building materials are delivered upon the

residential lot.

7. No shack, tent or a previously-constructed building shall be moved

upon or permitted to remain upon any residential lot.

8. Multi-Family Residences, Mobile homes, camper trailers, travel trailers, motor homes and tent trailers are expressly forbidden to

be located upon any residential lot except as provided in

paragraphs 9 and 10. The foregoing not withstanding, the ACC

shall have the authority to issue permits (but shall not be

obligated to issue such permit) on a non-permanent basis to permit

mobile homes, camper trailers, travel trailers and motor homes to

be located upon certain designated residential lots. The time

period for such permit, connection to septic tanks, permit fees

and security deposits (to insure removal, trash disposal, etc.)

shall be within the absolute control of the ACC.

9. Permanent mobile homes are hereby permitted on the following

residential lots and none other: Lots 2, 5, 9, 10, 13, 15, 23

through 52, and 60 through 92, Block 3 Hidden Valley Area,

Flint Ridge No. 1-Amended and Lots 22 through 46, 62 through 76,

80 through 112, 115 through 118 Stone Ridge Area Block 10

Amended, Flint Ridge No. 2; and Lots 24, 25, 26, 30, 31, 32, 43,

45, 46, 53, 56-85, 89-91, 94, 95, 98, 99, 100, 110, 112-123, 132-

199, 205-207, 210-228 and 234, Block 16, Flint Ridge No. 4 and

Lots 4-53, 57, 58, 62-66, 72-104, Berry Hill Area, Block 17,

Flint Ridge No. 4. Such mobil homes must be permanently affixed

to such lots and shall be connected to septic tanks. The ACC must

approve all mobil home installations and shall have the authority

to issue permits for mobil homes on said lots on a permanent or

non- permanent basis.

Multi-family residences as defined in Article I(k) below are

hereby permitted on the following residential lots and none

other: Lots 35-41, 44, 47-52, 54 and 55, 103-109, 111, 124-

131 and 200-204, Walnut Hill Area, Block 16, Flint Ridge No. 4.

Plans for building must be submitted to the ACC for review in

accordance with the provision of paragraph 4 above.

10. After completion of construction of an approved main residential

dwelling upon any residential lot, recreational vehicles,

including but not limited to travel trailers, motor homes, tent

trailers, boat trailers, etc. belonging to the owner thereof not

exceeding 10 feet in height and 32 feet in length may be stored

on such lot at the rear or side of the residence situated

thereon, subject to the following conditions:

(a) Such vehicles must be stored at the side or in the rear of such residence and not nearer than the building setback lines as shown on the plats; and

(b) All such vehicles must bear a current state license and

inspection certificate; and

11. No outdoor lavatory or toilet facilities shall be built or

permitted outside of the main residence building except for septic

tanks and laterals which must be built and installed in accordance

with the requirements of the laws of the State of Oklahoma and the

provisions of paragraph 6(d) hereof.

12. No excavations, for mining of stone, gravel, earth,

minerals, petroleum or petroleum products shall be made upon any

residential lot except for foundations, walls, basements, cellars

and swimming pools.

13. Each lot and area shall be kept and maintained by the

owner(s) thereof, free of any accumulation of trash, garbage

and debris of any kind whatsoever. Removal of the foregoing

shall be the responsibility of each lot owner(s) and no lot

owner(s), his agents or employees shall burn or dispose of

trash, debris and garbage except in areas designated by the ACC.

14. No residential lot shall be used for storage or warehousing purposes except for building materials which are to be used in the construction of dwellings and other improvements to be built upon such lot.

15. No wild animals_,livestock or poultry of any kind shall be raised, kept or bred except that dogs, cats or other domestic pets may be kept; provided they are not permitted to run free and are not kept, bred or maintained for commercial purposes.

16. Prior to January 1, 1983, the further subdivision of residential lots originally platted and recorded shall be strictly prohibited. Thereafter, with the approval of the ACC endorsed upon the deed, residential lots may be further subdivided but in no event shall any residential lot(s), after re-subdivision, be less than one acre in size and have not less" than 100 feet of frontage on a platted road, except residential lots at the end of a cul-de-sac must have a minimum road frontage of 25 feet.

17. No sign of any kind shall be displayed to public view on any residential lot except: Signs used to advertise lots for sale not to exceed 2 feet by 2 feet may be placed thereon and taken down after the sale thereof. A small sign showing the name and address of the owner shall be permitted.

18. Paragraphs 2, 4, 5, 6 and 11 hereof notwithstanding, the Developer shall be permitted until all of the residential lots have been sold to have a sales office(s) of a non-permanent nature, and store building materials upon any one or more of the residential lots together with appropriate signs and other necessary advertising materials as the Developer deems necessary; provided, however, that after the sale of all of the residential lots for the first time, the Developer shall remove all such sales offices, building materials, signs and other advertising materials erected or placed upon any such lots.

19. No fence, wall or hedge shall be permitted upon any residential lot beyond the front building setback lines, the bridle trails and utility easements, as shown on the Plats. No trees or other shrubbery planting shall be permitted on any corner lot which obstructs the view of vehicular traffic approaching the intersection from a distance of 75 feet from the intersection. No barbed wire, hog wire, chain link or similar type of fencing will be permitted. to

fence in the boundaries of any residential lot. The ACC shall establish the type of fencing that may be permitted to be built upon any residential lot, which may include a chain link type of fence for dog pens, etc. No other type of fencing will be will be permitted. No fences of any kind will be permitted to be erected upon any residential lot whose boundary lines either adjoin or are adjacent to either Bear Lake, Clear Creek Reservoir.

20. The Architectural Control Committee shall consist of James E. Robertson, William M. Porter and Stephen W. Mills. The ACC's initial

post office address shall be P.O. Box 5, Kansas, Oklahoma 74347.

The ACC may designate one of its members to act on behalf of the ACC and sign necessary documents. In the event of the death or the resignation of any member of the ACC, the directors of the Association shall have full authority to designate a successor. No member of the ACC, or its designated representative, shall be entitled to compensation for services performed pursuant to the

provisions hereof. At any time the Association shall have the power to

change the membership of the ACC.

21. No boat powered by a motor in excess of 5 h.p. or a motor in excess of 5 h.p. shall be permitted or allowed on Bear Lake, Clear Creek Reservoir. No bathing or water skiing shall be permitted in Clear Creek Reservoir. As Clear Creek Reservoir shall be used as a storage reservoir for water to be used for human consumption, no use thereof shall be permitted which is detrimental to such use. The Association shall be entitled to enforce the provisions hereof, which shall include without limitation, impositions of fines for violation(s), obtaining injunctions and restraining orders, and enclosing such reservoir with a fence if necessary to preserve and protect such use.

22. The following areas shown on the Plats of the property are reserved by the Developer_,its successors and assigns for future multi-family use (condominiums, apartments, multi-plexes, planned-unit development(s), schools, churches, parks, cultural and recreational purposes), to wit:

Bear Lake Area--Area A

Pine Ridge Area--Area A

23. The following areas shown on the Plats of the Property are reserved for future commercial and/or multi-family uses by the Developer and its successors and assigns:

Bear lake Area--Block 1--Areas B and C

Hidden Valley Area--Block 3--Areas A, B and C

Deer Creek Area--Block 4--Areas A and B (Water Tank Site)

Highland Area--Block 6--Area A

24. The 7.7-acre tract designated on the Plat of the property located in Block 7, Bird Creek Area, is reserved and shall be used for the building, construction, maintenance and operation of a water-treatment plant, and all related and necessary facilities incident thereto, and an electric substation.

25. No building(s) or other permanent type of improvements may be

erected upon or placed within the electric transmission line

easements as shown on the Plats of the property. The utility

easements and roadways as shown on the Plats for Flint

Ridge No. 1-Amended, Flint Ridge No. 2, Flint Ridge No. 3 and

Flint Ridge No.4 are hereby dedicated for use in the

installation, repairing, maintaining, replacing and operating

utility services for water, electricity, telephone, telegraph,

sewer (sanitary and storm) and gas to serve all lots and areas

in Flint Ridge No. 1-Amended, Flint Ridge No. 2, Flint Ridge No. 3

and Flint Ridge No. 4 and also those additional lands adjoining

Flint Ridge No. 1-Amended, Flint Ridge No. 2, Flint Ridge

No. 3 and Flint Ridge No. 4 owned by the Developer.

26. No tree having a diameter of 3 inches or more, measured from 12 inches above the ground level shall be cut down or removed from any lot in Flint Ridge No. 1-Amended or Flint Ridge No. 2 or Flint Ridge No. 3 except as follows:

(a) Those necessary to enable the owner to improve such lot with a single-family dwelling and garage after the plans therefore have been approved by the ACC.

(b) Those necessary to prohibit an obstruction of view on lots at road intersections.

Any person violating this condition shall be subject to a fine to be established and paid to the Association.

27. No motor-driven vehicle or apparatus shall be permitted on the bridle trails shown on the Plats of Flint Ridge No. 1-Amended, Flint Ridge No. 2, Flint Ridge No. 3 and Flint Ridge No. 4, as the same shall be reserved exclusively for horseback riding, bicycling and foot-walking.

28. No obnoxious activities, nuisance or use shall be made of any of the common properties owned by the Association, by any owner, his guests or invitees, which are not in conformity with the intended use thereof and the rules and regulations promulgated by the Association.

29. In addition to the easements as shown on the Plats of the Property, the Developer does hereby dedicate for the use by any public utility company providing or furnishing electricity or telephone service, or both, as the case may be, a perpetual right and easement(s) to locate upon any residential lot or area within the Property, anchors and guy wires for telephone or electric transmission poles, which may be built within the roadways and other easements and common areas as shown on this Plat, together with the right of ingress and egress thereto for the purpose of construction, repairing_,maintaining and replacing the same.

30. No water wells shall be permitted to be drilled or maintained upon any residential lot within the subdivision.

31. The 20' pedestrian Access Easement located on Lot 10; Lots 14, 15, 16, 17, 18 and 19; on Lots 19, 20 and 22; and on Lots 99-110 shall be used only for pedestrian foot traffic by all present and future property owners in the Flint Ridge Subdivision owning property encumbered by the "DEEDS OF DEDICATION AND PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 1-AMENDED, Flint Ridge No. 2, FLINT RIDGE NO. 3, and FLINT RIDGE NO. 4" and any additions made thereto. No vehicular access or traffic will be permitted over these easements such as cars, motorcycles, trucks, minibikes or other motorized vehicles. No improvements or structures shall be built or located upon these easements without the prior written approval of Developer.

Certain tracts of land in Berry Hill Area, Flint Ridge No. 4, Block 17 are hereby designated by Developer as being "Green Belt Areas.” Green Belt Areas shall be Common Areas for the use of the Owners of lots in Berry Hill Area, Flint Ridge No. their guests and invitees, for walking and passive recreational activities with no improvements to be constructed thereon without the approval of Developer.

The Flint Ridge Property Owners Association shall have jurisdiction over these Green Belt Areas and the easements referred to above.

Tracts “A”, "B", "C", "D", “E“, "F" and "G" are hereby designated as "Green Belt Areas." They shall be used as described above except to the extent their use may be restricted as stated below.

Tract "D" is a special "Green Belt Area" designated for the exclusive use of the owners of lots 78, 79 and 80.

Tract "E" is a special "Green Belt Area" designated for the exclusive use of the owners of lots 83 through 89.

32. The various 20' Pedestrian Access Easement located as shown on the plat as more particularly located on lots 60, 61; 71, 72, 73 and 74; 116, 117, 118, 119, 120 and 121; 133, 134, 136, 137 and 138; 139 and 192; 146, 147 and 148; 158, 159 and 160; 169 and 171; shall be only for the use of the lot owners whose property such easements encumber. No vehicular access will be permitted over these easements such as cars, motorcycles, trucks, minibikes or other motorized vehicles. No improvements or structures shall be built or located upon these easements without the prior written approval of Developer.

Certain tracts of land in Cave Creek Area, Flint Ridge No. 3, Block 20 are hereby designated by Developer as being "Green Belt Areas." Green Belt Areas shall be Common Areas for the use of the Owners of lots in Cave Creek Area, Flint Ridge No. 3, Block 20, their quests and invitees, for walking and passive recreational activities with no improvements to be constructed thereon without the approval of the Developer. The Flint Ridge Property Owners

Association shall have jurisdiction over these Green Be the easements referred to above.

Tract "A" , "B", "C", "D" , "E" and "F" are hereby designated as "Green Belt Areas." They shall be used as described above except to the extent their use may be restricted as stated below.

Tract "E" is a special "Green Belt Area" designated for the exclusive use of the owners of lots 156, 157,166 and 167.

33. Certain tracts of land in Timbercrest Area, Flint Ridge No.

3, Block 21 are hereby designated by Developer as being "Green Belt Areas." Green Belt Areas shall be Common Areas for the use of the owners of lots in Timbercrest Area, Flint Ridge No. 3, Block 21, their guests and invitees, for walking and passive recreational activities with no improvements to be constructed thereon without the approval. of Developer. The Flint ridge Property Owners Association shall have jurisdiction over these Green Belt Areas.

Tracts "A" and "B" are hereby designated as "Green Belt Areas." They shall

be used as described above.

COMMON PROPERTIES AND USE THEREOF

WHEREAS, Developer desires to create a residential community for the Owners of

the Property and other ~ owners by Developer, which adjoins the Property,

and build certain recreational amenities, roadways, parks, water facilities

and create other common areas for camping, picnicking, canoeing and related facilities for the benefit of said community; and

WHEREAS, Developer desires to provide for the preservation of the

values and amenities in said community and for the maintenance of said recreational amenities, roadways, parks, water facilities and other common

areas and facilities; and, to this end , desires to subject the Property,

together with such additions thereto as may hereafter be made (as provided

in Article II, Section 2) to the covenants, restrictions, easements,

charges and liens hereinafter set forth, each and all of which is and are for

the benefit of said properties and each owner thereof; and

WHEREAS, Developer deems it desirable and necessary, for the efficient preservation of the values and amenities in this community, to create an agency to which should be delegated and assigned the powers and duties of maintaining and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and

WHEREAS, Developer has incorporated under the laws of the State of Oklahoma, as

a non-profit stock corporation, FLINT RIDGE PROPERTY OWNERS ASSOCIATION, INC.,

for the purpose of ex exercising the functions aforesaid;

NOW, THEREFORE, the Developer declares the Property and such additions thereto as may hereafter be made pursuant to Article II, Section 2, hereof_,is

and shall be held,: transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements charges and liens (“covenants and restrictions”) hereinafter set forth.

ARTICLE I

Definitions

Section 1. The following words_,when used herein (unless the context

shall be prohibited)₁shall have the following meanings:

(a) "Association" shall mean and refer to Flint Ridge Property Owners

Association, Inc.

(b) "The Properties" shall mean and refer to the residential lots and areas

within the property and any additions thereto, as are subject to this Deed of

Dedication and any supplemental Deed(s) of Dedication pursuant to the

provisions of Article II hereof.

and easements shown on the plat of Flint Ridge No. 1-Amended, Flint Ridge

No. 2, Flint Ridge No. 4 and any amendments thereto;

(i) All roadways as shown on the plat of Flint Ridge No. 1-Amended, Flint

Ridge No. 2 and Flint Ridge No. 4 and all existing roadways located in

Adair County, Oklahoma, connecting to roadways within the Property

provided; however, the Developer reserves the right to change or

relocate the roadways located in Adair County, Oklahoma;

(ii) Bear Lake (26.9) located in Bear Lake area and that part of Bear

Lake located in Adair County, Oklahoma;

(iii) All bridle trails and utility(ies) easements located on the

Property and extensions thereof in Adair County, Oklahoma, provided,

however, the Developer reserves the right to change, relocate or

extinguish those which are located in Adair County, Oklahoma;

(iv) Clear Creek Reservoir (18.7 acres) located in

Highland Area;

(iv) Water plant site (7.7 acres) and Clear Creek park (13.3 acres)

located in Bird Creek Area;

(v) A complete private water-treatment plant and water-distribution

system within the Property and any extensions thereof into Adair County, Oklahoma and other adjoining property owned by the Developer;

(vii) Sycamore Park (l0l.l acres) located in Pine Ridge Area;

(viii) Two security stations: One located at the entrance of the

Property to Oklahoma State Highway 33, and another at the entrance

of the Property to Oklahoma State Highway 10;

(ix)Pine Ridge Lodge located in Block 9, Pine Ridge Area;

(ix) Deer Lake Club House and Racquet Club located in Adair County at

Deer Lake;

(xi) Equestrian Center located in Adair County; and

(xii) Pioneer Center located in Adair County.

(xiii)All roadways as shown on the plats for Flint Ridge No. 1 Amended_,

Flint Ridge No. 2, Flint Ridge No. 3 and Flint Ridge No. 4.

together with all structures and facilities constructed thereon and intended

to be devoted to the common use and enjoyment of the owners of the Properties.

(d) "Owner" shall mean and refer to both the record owner(s) (whether one or

more persons or entities) of the. title to any residential lot and the holder

(s) of an approved contract for deed from the Developer included in the

Properties, but shall not mean or refer to any person or entity who holds a mortgage, financing statement, lien or other security interest merely as a

security for the performance of an obligation (by law or by contract) unless

and until such person has acquired the entire title and ownership of such residential lot-owner pursuant to foreclosure or any proceeding in lieu

of foreclosure.

(e) "Member" shall mean and refer to all those owner who are members of the Association as provided in Article III, Section 1, hereof.

(e) "Private Roadways" shall mean and refer to all means of access to, from

and over the Property which are not dedicated for use to the general public.

The fact that a private roadway or a private road within the Property shall

be known by a name and designated as a street, road, avenue, place, drive,

circle or other similarly-used words (imputing the name of a street or road)

shall not cause such private roads or roadways to be public roads or streets.

(g) "Bridle or Equestrian Trails" shall mean and refer to those

areas within the Property which are not dedicated for use by vehicles_,not

dedicated to public use_,and are primarily to be used for horseback riding and pedestrian foot-traffic.

(h) "Utility Easements" shall mean and refer to those areas of land designated

on any recorded subdivision plat(s) and of the Property intended to be used

for the installation, maintenance, repair and replacement for all services providing water, sewer, electricity, gas and telephone services to the Property

and the lots therein as provided for in the plat of the Property or any

additions thereto.

(i) “Lots" shall be the land located within the property-line boundaries as

may have been numbered or lettered on the recorded plat of the Property and as

the same may be amended from time to time_,but shall not include any of the

Common Properties as defined in Article I(c).

(j) “Residential Lot(s)" shall mean and refer to those lots as so designed in

paragraph 1 of the Protective Covenants.

(k) "Multi-family Residence” shall mean any building or structure having

accommodations for occupancy by two (2) or more (but less than five [5))

families_,which building or structure contains at least 400 square feet per family, to be measured in accordance with paragraph 6(a) above. Plans and specifications for construction of Multi-family Residences must be reviewed and

approved by the ACC, in accordance with paragraph 4 above, prior to the

commencement of any construction.

ARTICLE II

Property Subject to This Deed of Dedication

And Additions Thereto

Section 1. Existing Property. The real property_,which is and shall be held, transferred, sold_,conveyed and occupied subject to this Deed of Dedication, is

as shown on the recorded plat of the Property, all of which real property shall hereinafter be referred to as "Existing Property."

Section 2. Additions to Existing Property. Additional lands may become

subject to this Deed of Dedication in the following manner:

(a) Additions in Accordance with a General Plan of Development. The

Developer, its successors and assigns, shall have the right to bring within the

purview of the Association and the common properties thereon additional members

and properties owned by the Developer in one or more phases of the

development (a portion of which land is located in Adair County, Oklahoma)

in accordance with a General Plan of Development.

The General Plan of Development for the proposed additions to the Existing

Property shall contain: (1) a general indication of size and location of additional development stages and proposed land uses in each; (2) the

approximate size and location of common properties proposed for each stage; (3) the general nature of proposed common facilities and improvements; (4) a

statement that the owners of residential lots within the proposed additions,

if made, will become subject to assessment for; their just share or Association

expenses; and (5) a schedule for termination of the Developer's right under

the provisions of this sub-section to bring subsequent land development(s)

within the provisions hereof. Unless otherwise stated, such General Plan of Development shall not bind the Developer, its successors and assigns,

to make the proposed additions or to adhere to the General Plan of

Development in any subsequent development.

The additions authorized under this and the succeeding sub-section,

shall be made by filing of record a Plat and Deed of Dedication and Protective Covenants with respect to the additional property shall either incorporate the provisions of this Deed of Dedication as a part thereof, or prepare and file a separate Deed of Dedication with Protective Covenants; whichever the

Developer may elect.

Such Supplementary or Additional Deed(s) of Dedication, as the case may be,

may contain such complementary additions and modifications of the

Protective Covenants and Restrictions contained in this Deed of Dedication

as may be necessary to reflect the different character, if any, of the added properties as are not applicable or which may be inconsistent with the

provisions hereof. In no event, however, shall such Supplementary or Additional Deed(s) of Dedication revoke, modify or add to the

covenants established by this Deed of Dedication within the Existing Property.

In the event of such additions, the Owners shall not be liable for

capital expenditures for structures built or equipment furnished by the Developer on such additional Property(ies), except: The costs which may be expended by the Developer for the installation and construction for any water distribution system(s), which costs are to be reimbursed to the

Developer by the Association.

(b) Other Additions. Upon approval in writing of the Association,

the Developer, or its successors and assigns, who desire to add other

property (not included in the General Plan of Development) to the

provisions of this Deed of Dedication and Protective Covenants which

shall extend the provisions of the Protective Covenants of this

Deed of Dedication to such property. Such Plat, Deed of Dedication and

Protective Covenants may contain such complementary additions and

modifications of the covenants and restrictions contained in this

Deed of Dedication as may be necessary to reflect the different

character; if any_,of the added properties and as are not inconsistent

with the scheme of this Deed of Dedication. In no event, however, shall

such Plat and Deed of Dedication revoke, modify or add to the covenants

established by this Deed of Dedication within the Existing Property.

ARTICLE III

Membership and Voting Rights in the Association

Section 1. Membership. Every Owner shall be a member of the

Association. Membership in the Association shall be appurtenant to the deed

(or the contract for deed) and title to each residential lot, and one may

not be separated or transferred without the other. Each residential lot

owner(s) shall become a member of the Association by the acceptance of

a deed (or contract for- deed) to such lot (whether or not such

deed or contract expressly so provides)

Section 2. Voting Rights. The members of the Association shall

not be entitled to vote until the first annual meeting, which shall be held

within thirty (30) days after the initial sale of ninety per cent

(90%) of the residential lots within the Flint Ridge No. 1-Amended,

Flint Ridge No. 2, Flint Ridge No. 3 and Flint Ridge No. 4 and any

additions thereto made by the Developer pursuant to Article II

hereof, or within thirty (30) days after January 1, 1983, or at the

option of the Developer, whichever shall first occur, on the call of the

President of the Association.

Voting members shall thereafter be all those Owners as defined in

Section 1. Except as hereinafter provided in this Section, a member shall

be entitled to one vote at all Association meetings for each residential lot

he holds record title or an approved contract for deed therefore from

the Developer as required for membership by Article III, Section I. When

more than one person holds record title or contract for deed to any residential

lot, all such persons shall be

members, and the vote appertaining to a residential lot shall be exercised as said record owners or contract for deed holders,. as the case may be, among themselves determine; but in no event: shall more than one vote be cast with.... respect to each residential lot. If more than one person Owns a residential lot (or a contract for deed), and they cannot agree amongst themselves as to voting, then such vote(s) shall not be counted.

ARTICLE IV

Property Rights in the Common Properties

Section 1. Members Easements of Employment. Subject to the provisions of Article IV, Section 3, every Member and his guests and invitees shall have a

non-exclusive but irrevocable right and easement of enjoyment and use in and

to the Common Properties for as long as he is an owner (or a holder of a

contract for deed therefor and is not in default there under) of a residential

lot, and such easement shall be appurtenant to and shall pass with the title

(and contract for deed) to every residential lot. Such rights and

easements, without limitation, shall include the right to the non-exclusive

use thereof by Members (in common with other Members and their guests and

invitees), subject, however, to the reasonable use-restrictions as may be

imposed by the Association for the use of the Common Properties, and the

obligation to pay the common assessments as provided in Article IV.

Section 2. Title to Common Properties. the Developer may retain the legal

title to the Common Properties until such time as it has completed improvements

thereon and until such time as, in the opinion of the Developer, the

Association is able to maintain the same but, notwithstanding any provisions

herein, the Developer hereby covenants for itself, its heirs and successors and

assigns, that it shall complete the improvements upon and convey the Common Properties to the Association not later than January 1, 1987. Until

the transfer of title to the Common Properties to the Association, Developer shall perform all of the obligations covenants and agreements, and

abide by the restrictions contained herein with respect to the Common Properties, except for such construction and marketing activities as are consistent with development thereof.

Section 3. Extent of Members Easements. The rights and easements of

enjoyment and use created hereby shall be subject to the following:

(a) The right of the Developer to borrow money for the purpose of

improving the Common properties and in aid thereof to mortgage the same. Any mortgage or other indebtedness or lien which is placed on the Common

Properties by the Developer shall be removed or satisfied by the Developer

before it conveys and transfers the common properties to the Association; and

(b) The right of the Association to take such steps as are reasonably

necessary to protect the Common Properties from foreclosure; and

its Articles and By-Laws, to suspend the enjoyment rights of any member

for any period during which any assessment remains unpaid, and for any period

not to exceed thirty (30) days for any infraction of its published

rules and regulations; and

(d) The right of the Association to charge reasonable admission and

other fees for the use of the Common Properties pursuant to

Article V, Section 2; and

(e) The right of the Developer or the Association to dedicate or

transfer (excluding easements, which may be granted without the notice to

members as hereinafter provided) all or any part of the Common Properties

to any public agency, authority or utility for such municipal,

governmental and/or non-commercial purposes and subject to such conditions

as may be agreed to by the Developer or by the Members, provided that no

such dedication or transfer by the Association (other than those

dedications contained in the Deed of Dedication to Flint Ridge No. 1-Amended,

Flint Ridge No. 2, Flint Ridge No. 3 and Flint Ridge No. 4)

shall be effective unless written notice of the proposed agreement and action

there under is sent to every Member at least ninety (90) days in advance

of any action taken; and unless an instrument signed by the President

and the Secretary of the Association with a certified copy of a

resolution attached showing that such resolution was adopted by a two-thirds

(2/3) majority of the Members entitled to vote and is duly recorded in the

office of the County Clerk of Delaware and Adair Counties, Oklahoma,

agreeing to such dedication or transfer; and

(4) Such other easements, agreements and outstanding mineral interests

as may exist on the Existing Properties at the time of execution of this

Deed of Dedication.

ARTICLE V

Covenant For Maintenance Assessments

Section 1. Creation of the Lien and personal Obligation of Assessments. The Developer, as the present owner of the Properties hereby covenants_,and each subsequent Owner or contract for deed holder of any residential lot by

acceptance of a deed or Contract therefore (whether or not it shall be so

expressed in any such deed, contract or other conveyance) is deemed to

covenant and agree to pay to the Association: (1) monthly assessments or

charges as provided herein; (2) special assessments for capital improvements,

such as assessments to be fixed_,established and collected from time to time

as hereinafter provided_,shall be a charge on each residential lot (or in the

case of a contract for deed on such contract for deed) and shall be a

continuing lien thereon against which each such assessment is made

until paid. Each such assessment, together with such interest thereon

and cost of collection thereof as hereinafter provided_,,shall also be

the personal obligation of the person who was the Owner of such residential lot at the time when the assessment fell due, and the entire amount

due, which lien shall be effective as of the due date.

Section 2. Purpose of Assessments. The assessments and fees levied by the Association shall be used exclusively for the purpose of promoting the

recreation, health, safety and welfare of the residents in the Properties

and in particular for the improvement, maintenance and operation of the Common Properties, including but not limited to, the payment of taxes and insurance

on the Common Properties and repair, replacement and additions thereto, and

for the cost of labor, equipment, materials, management and supervision thereof,

and for the treatment, purification and distribution of water to the

residential lots and areas in the Property. Nothing herein shall limit the

charging of special fees for the use of Common Properties for limited purposes over and above the assessments charged hereunder. No assessments

or fees hereunder shall be used for capital improvements or expenditures.

(except replacement of improvements built by the Developer and transferred to

the Association as provided in Section 2 hereof) unless approved by a vote of

two-thirds (2/3) of the membership pursuant to Article. V, Section 5.

Nothing hereunder shall permit the developer to assess the Members for

capital improvements to be constructed by it upon the Common Properties

pursuant to the General Plan of Development.

Section 3. Determination of Annual Assessment. the Board of Directors of

the Association, after consideration of current costs and future needs,

shall establish an annual budget and shall calculate annual assessments against each residential lot and area in the Property in proportion to each other's interest in the Common Properties of the Association. This method

of assessment shall also apply to any additional land brought within this Deed

of Dedication by Supplemental Deed of Dedication. The total assessment

shall equal the proposed budget. the levy and assessment shall be in accordance with Article V, Section 4.

Section 4. Fiscal Year and Due Dates for Assessments. The fiscal year

of the Association shall run from January 1, to December 31. The

annual assessments against each Owner and his residential lot and area provided for

in Section 3 shallbe due and payable in twelve (12) equal monthly assessments

on the first day of each month during the fiscal year.

The annual assessments shall commence in 1977 and shall be paid on the first

day of each month and shall be delinquent if not paid by the 10th of the month.

The first annual assessments shall be made for the balance of the fiscal

year and the first monthly assessments shall be made for the balance of the

fiscal year and the first monthly assessments shall become due and payable on

the date of commencement. The amount of the annual assessment shall be an

amount which bears the same relationship to the annual assessments

provided for in Section 3 thereof as the remaining number of months in that

year bear to twelve. The same reduction in the amount of the assessment shall

apply to the first assessment levied against any property which is

thereafter added to the properties subject to assessment at a time other

than the beginning of any annual assessment period.

Section 5. Special Assessments for Capital Improvements. In addition to the

annual assessments authorized by Section 3 hereof, the Board of Directors may

levy in any assessments authorized by Section 3 hereof, the Board of Directors

may levy in any assessment year a special assessment for the purpose of

defraying, in whole or in part, the cost of any new construction or additional capital improvement(s) upon the Common Properties, including the necessary

fixtures and personal property related thereto, provided that any such

assessment shall have the assent of two-thirds (2/3) of the votes of the

membership who are voting in person or by proxy at a meeting duly called for

this purpose; written notice of which shall be sent to all Members at least

thirty (30) days in advance and shall set forth the purpose of the meeting.

The due date of any special assessment under this Section shall be fixed in the resolution authorizing such assessment.

Section 6. Quorum for any Action Authorized under Section 5. The quorum

required for any action authorized by Section 5 shall be as follows:

At the first meeting called, as provided in Section 6 hereof, the presence at

the meeting of Members, or of proxies, entitled to cast sixty per cent (60%)

of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called,

subject to the notice requirement set forth in Section 5, and the required

quorum at any such subsequent meeting shall be one-half (1/2) of the

required quorum at the preceding meeting, provided that no such subsequent

meeting shall be held more than sixty (60) days following the

preceding meeting.

Section 7. Duties of the Board of Directors. The Board of Directors of

the Association shall_,at least thirty (30) days in advance of the beginning

of a new fiscal year, prepare a roster of the Properties and the annual

assessments applicable thereto, which shall be kept in the office of the Association, and shall be open to inspection by any Owner, and shall at that

time fix the amount of the annual assessment in accordance with this Deed of Dedication against each residential lot for the next fiscal year.

Written notice of the total annual assessment and the amount of each monthly assessment shall thereupon be sent to every owner. This notice must be

sufficient to inform each Owner of his monthly assessment and no further

notices are necessary for that fiscal year

The Association shall upon demand at any time furnish to any Owner, any

mortgagee, or prospective owner or mortgagee liable for said assessment, a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 8. Effect of Non-Payment; The Personal obligation of the Owner; The

Lien; Remedies of Association. If an assessment is not paid on the date

when due (being the date specified in Section 4 hereof) then such assessment

shall become delinquent and shall, together with such interest thereon and

cost of collection thereof as hereinafter provided, thereupon become a

continuing lien on the property of such delinquent owner which shall bind

such property in the hands of the then-owner, his heirs, devisees,

personal representatives and assigns, and shall also become a personal obligation of the owner and of the delinquency date. The personal obligation

of the then-Owner to pay such assessment shall remain his personal obligation

until such assessment is paid.

If the assessment is not paid within thirty (30) days after the delinquency

date, the assessment shall bear interest of delinquency at a legal rate

(established by the Association) not to exceed ten per cent (10%) per annum

and the Association may bring an action against the owner(s) personally

obligated to pay the same and/or to foreclose the lien against the residential lot(s), and there shall be added to the amount of such assessment

the costs of preparing and filing the Petition or Complaint in such action,

and in the event a judgment is obtained, such judgment shall include

interest on the assessment as above provided and a reasonable attorney's fee

to be fixed by the court together with the costs of the action.

Section 9. Subordination of the Lien to a First Mortgage; Other Mortgages Forbidden. The lien of the assessments provided herein shall be subordinate

to the lien of any first mortgage now or hereafter placed upon the Properties

by the Developer to pay development costs of the Property (which must be

released when an Owner pays for his lot) . Owners shall not be permitted

to place any mortgage or other encumbrance upon the Properties or any portion thereof other than a first mortgage except: Any mortgage and other security interest given to Developer by any purchaser of residential lot(s).

If an Owner violates this Section 9, the lien for assessment(s) shall be

superior to any other such lien, mortgage or other encumbrance. Sale

or transfer of any lot pursuant to a decree of foreclosure or any other

proceeding or deed in lieu of foreclosure, shall receive such lot(s) from assessments previously levied, but shall not relieve such lot(s) from

liability for any assessments assessed after such acquisition of title, nor

from the lien of any such subsequent assessment.

Section 10. Exempt Property. The following property, subject to this Deed of Dedication, shall be exempted from the assessments, charges and liens created herein:

(a) All properties to the extent of any easement or other interest

therein dedicated and accepted by the local public authority and devoted

to public use;

(b) All Common Properties as defined in Article I Section 1;

Section 11. Water Standby Fee and Connection Fees. The developer hereby

undertakes and agrees to build or cause to be built a water treatment plant,

water storage reservoir (Clear Creek Reservoir) and lay and install main

water distribution lines throughout the Property and pay all costs thereof

and complete the same by December 31, 1986. The main water distribution lines

shall be laid within the roadway and other easements as shown on the Plats of

Flint Ridge No. 1-Amended, Flint Ridge No. 2, Flint Ridge No. 3 and Flint Ridge

No. 4. After such water lines have been laid and water is available to a given

residential lot(s) for the Owner to connect thereto, the Association may (although it is not obligated to do so) establish a uniform monthly standby

fee to be paid by such Owner(s) to the Association until the Owner(s) has connected to such water line.

When an Owner decides to connect to such water line, he must notify the Association and pay to the Association a water-connection fee of

$ . Such fee shall include the cost of a water meter to be

installed by the Association. The Association shall pay all cost of

making such connection from the meter to the main water-distribution line,

and no Owner shall be permitted to make such connection personally or through

any other agent or employee.

Thereafter, each Owner shall pay for water at the rates fixed by the

Association which shall be uniformly applied throughout the Property and any additions thereto. Payment for Owner's water shall not be included in the annual assessments as provided for in Article V, Section 3.

Each Owner shall be solely responsible for the cost of laying the secondary

water line(s) from his residence to the meter and paying any cost of

repair and replacement thereof.

The Association may establish reasonable rules and regulation(s) for water usage and non-payment by any Owner(s) for water used, which shall include without limitation cutting off the supply of water to such defaulting Owner(s).

After the water-treatment plant_,the water-storage reservoir and the main

water line distribution system have been conveyed and transferred to the Association, all future repairs, replacement, maintenance and operation

thereof shall be the responsibility of the Association, and any costs

thereof shall be paid by the Association and included in the maintenance assessments as provided in Article V, Section 3.

Section 12. Interim Monthly Assessments--Contract(s) Between Owner(s) and Developer. It being recognized by the developer until a sufficient number of residential lots have been sold to Owners (other than the Developer) in order

that the Association would have sufficient revenues to pay all costs of repair, maintenance, replacement, operation and management of the, Common Properties to be owned by the Association, the Developer may contract with

any prospective Owners for such Owner(s) to pay an agreed-upon maximum amount

for their share of the monthly assessment owing to the Association. In

such event, the Developer shall underwrite and pay any such excess cost

to the Association over and above the contracted amount.

ARTICLE VI

Developer's Covenants With Respect To

Development of Common Properties

Section 1. Developer agrees to build or cause to be built the following improvement(s) upon the Common Properties:

(a) Roadways: Flint Ridge Drive; Clear Creek Road; West Clear Creek Drive;

Valley View Road; Hidden Glen Trail; Deer Hollow Circle, Forgotten Hollow Drive; Hideout Circle; Deer Lake Drive; Autumn Glen Circle, Hidden Trail;

Peaceful Ridge Drive; and Pine Ridge Road as shown on the plat of Flint Ridge

No. l-Amended shall be paved with split-level double-bituminous surfacing

material twenty-two (22) feet wide. All remaining roads shall be cut,

graded and finished with a natural gravel surface. Bridges, culverts,

bar ditches_,guard rails, traffic control signs and devices, and roadway parking areas shall be built where required.

(b) Water System: An intake line and pump from the Illinois River to the

Clear Creek Reservoir; the building and construction of Clear Creek Reservoir;

water purification and treatment plant; water storage tank(s); main water distribution lines to serve lots and areas in the Property.

(c) Security Stations: One at the entryway of the Property to Oklahoma State Highway No. 10, located in Adair County, Oklahoma, which shall consist of a guardhouse, and the other at the entryway of the Property to Oklahoma State Highway No. 33, which shall consist of a mechanically-operated crossbar.

(d) Sycamore Park: Open area for camping, primitive nature trails and canoe- launching facilities.

(e) Deer Lake Recreation Center: Snackbar, covered eating areas, two

tennis courts, miniature golf course, driving range, canoe rentals,

shuffleboard, volleyball and basketball courts, Ping-Pong and billiard

tables.

(f) Pine Ridge Clubhouse: Clubroom, dining area, efficiency

kitchen, restrooms, two tennis courts, volleyball and basketball courts.

(g) Flint Ridge Clubhouse and Racquet Club: Clubhouse, swimming pool, two

tennis courts, shuffleboard, volleyball courts, billiards and Ping-Pong

tables, dressing rooms, sauna, whirlpool, kitchen, snack bar, meeting rooms,

lounge and offices.

(h) Equestrian Center: Stable, tack room, pasture land and bridle trails.

(i) Pioneer Center: Statehood House, dining facilities.

The plans and specifications and the General Plan of Development for

all of the aforesaid improvements are on file at the office of the ACC located

at Flint Ridge, P.O. Box 5, Kansas, Oklahoma 74347, and may be examined

and inspected by an Owner during regular business hours.

The Association shall pay all costs of maintenance and upkeep thereof. The

initial cost of construction and installation of the facilities and the

improvements to the common areas as described in this Article VI, shall be at

the Developer's expense except: the construction and installation of the

water treatment plant and water distribution system in the Properties

(and any additions thereto) , the cost of which shall be initially paid for

by the Developer and such costs to be reimbursed to the Developer by the Association.

ARTICLE VII

Service Contracts

Section 1. Service Contracts. In addition to maintenance upon the Common Properties, the Association is authorized to enter into contracts to provide management and/or maintenance services to either the Owners or the Association, or both, in accordance with terms agreed upon by the Board of Directors of the Association.

ARTICLE VIII

General Provision

Section 1. Duration. The covenants and restrictions hereof shall run

with and bind the property_,and shall inure to the benefit of and be enforceable by the Association and, where applicable, by the Owner of

any land subject to this Deed of Dedication, his respective legal representatives, heirs, successors and assigns, until January 1, 1994, after

which time said covenants and restrictions shall be automatically extended

for successive periods of ten (10) years unless an instrument signed

by the then-Owners of three-fourths (3/4) of the residential lots has been recorded, agreeing to change of said covenants and restrictions in whole or

in part; provided_,however, that no such agreement to change shall be

effective unless made and recorded one year in advance of the effective date

of such change, and unless written notice of the proposed agreement is sent to

every owner at least ninety (90) days in advance of any action taken.

Section 2. Notices. Any notice required to be sent to any Member or Owner

under the provisions of this Deed of Dedication shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person

whose name appears as a Member or an Owner on the records of the Association

at the time of such mailing.

Section 3. Enforcement. Enforcement of these covenants and restrictions

shall be by any proceeding at law or in equity against any person or persons violating or to recover damages, and against the land to enforce any lien

created by these covenants; and failure by the Association or any Owner

to enforce any lien created by these covenants; and failure by the Association

or 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.

Section 4. Amendments. Anything to the contrary herein notwithstanding,

the Developer does hereby reserve exclusively unto itself the right to amend

the Plats of Flint Ridge No. 1-Amended, Flint Ridge No. 2, Flint Ridge No. 3

and Flint Ridge No. 4, so as to correct any errors which may presently exist

on said Plats with respect to lot dimensions which are shown thereon.

The Developer irrevocably reserves the right to amend said Plat to correct

such lot dimensions by filing an amendment(s) thereto and without the

necessity of any other lot owner joining in such amendment.

No lot will be sold or transferred by the Developer until the front corners have been staked and measured by the surveyor. Any and all lot

Owner(s) of record at the time of any such amendment(s) by the acceptance

and recording of a deed to his lot shall be deemed to (1) have given his

written consent to such amendment being filed by the Developer without

the necessity of such Owner affixing his signature to such amendment, and (2) does hereby appoint the Developer as his attorney-in-fact to execute

and file the aforesaid amendment(s) to said Plats in his place and stead.

Section 5. Severability. Invalidation of any one of these covenants, or restrictions by judgment or court order shall in no wise affect any other

provisions which shall remain in full force and effect.