Protective
Covenants
BILL OF ASSURANCES AND PROTECTIVE COVENANTS FOR PARKVIEW ADDITION, PHASE 1,
IN THE COUNTY OF SEQUOYAH, STATE OF OKLAHOMA
KNOW
ALL
MEN
BY
THESE
PRESENTS:
That
Parkview
Addition,
L.L.C.,
an
Oklahoma
Limited
Liability
Company,
being
the
owner
and
developer
of
the
following
described
property
located
in
Sequoyah
County,
Oklahoma,
to-wit:
SEE
EXHIBIT
1,
WHICH
IS
ATTACHED
HERETO
AND
MADE
A
PART
HEREOF.
said property
having
been
duly
platted
as
a
part
of
Parkview
Addition,
Sequoyah
County,
Oklahoma
and
commonly
referred
to
as
Parkview,
all
tracts
referred
collectively
as
the
“Property”
said
covenants
for
the
purpose
of
keeping
said
Property
desirable,
uniform
and
suitable
in
architectural
design
and
use
as
herein
specified,
and
to
provide
for
the
orderly
development
of
the
property,
does
hereby
make
the
following
limitations,
restrictions
and
uses
on
the
Tracts
(the
“Covenants”).
And
the
said
Parkview
Addition,
L.L.C.,
an
Oklahoma
Limited
Liability
Company,
as
owner
and
developer
of
the
Property,
does
hereby
state
that
these
declarations
shall
establish
covenants
running
with
the
land
for
the
period
of
time
hereinafter
set
forth,
as
provided
by
law
and
shall
be
binding
upon
all
purchasers
and
owners
of
the
Tracts
and
upon
such
owner’s
heirs,
personal
representatives,
successors
and
assigns,
and
upon
all
persons
claiming
under
them.
It
shall
be
lawful
for
the
Parkview
Property
Owners
Association
(hereinafter
referred
to
as
the
“Association”
and
more
particularly
defined
herein)
or
for
any
other
person
or
persons
owning
real
property
situated
in
the
Subdivision
to
initiate
any
proceedings
at
law
or
in
equity
against
parties
or
persons
violating
or
attempting
to
violate
any
of
these
Covenants
and
to
recover
damages
for
such
violations.
Any
rights
reserved
hereunder
to
the
Developer
may
also
be
exercised
by
owner
of
invalidation
of
any
one
of
these
Covenants
by
a
court
order
shall
not
invalidate
any
of
the
other
provisions
which
shall
remain
in
full
force
and
effect.
DEFINITIONS.
The
following
words,
when
used
in
these
Covenants
or
any
amendments
or
supplements
thereto
(unless
the
context
shall
otherwise
clearly
indicate
or
prohibit),
shall
have
the
respective
concepts
and
meanings
set
forth
below.
“Addition”
or
“Subdivision”
shall
mean
and
refer
to
the
property
described
in
Exhibit
“1"
and
as
reflected
on
the
conceptual
plan
set
out
on
Exhibit
“5"
and
any
additions
thereto.
“Association”
shall
mean
and
refer
to
“Parkview
Property
Owners
Association”
Association
elected
in
accordance
with
the
provisions
of
the
articles
of
incorporation
and
by-laws
of
the
Association.
“Common
Properties”
Shall
mean
and
refer
to
any
and
all
areas
of
land
together
with
all
improvements
located
thereon
within
the
Subdivision
which
are
known,
described
or
designated
as
such
on
any
recorded
subdivision
plan
of
the
Subdivision
or
intended
for
or
devoted
to
the
common
use
and
enjoyment
of
the
members
of
the
Association.
The
Association
shall
hold
such
title
to
the
Common
Properties
as
shall
be
consistent
with
the
objectives
envisioned
herein
and
subject
to
the
easement
rights
herein
of
the
members
to
use
and
enjoy
the
Common
Properties.
The
Developer
reserves
the
rights
to
make
minor
redesigns
or
re-configurations
of
the
Common
Properties
and
to
execute
any
open
space
declarations
applicable
to
the
Common
Properties.
“Developer”
shall
mean
Parkview
Addition,
L.L.C.
“Condominium
Tracts”
shall
mean
the
Tracts
numbered
1,2,3,4,5,
and
6.
“Condo
Units”
shall
be
defined
as
a
residential
four
(4)
to
six
(6)
family
building
designed
for
and/or
occupied
by
and
equal
number
of
family
residential
homes,
Only
one
dwelling
is
allowed
per
lot
on
the
single
family
lots.
“Single
Family
Tracts
shall
mean
the
Tracts
Numbereed
7,
8,
9,
10,
11,
12,
13,
14,
15,
16,
17,
18,
19,
20,
21,
22,
23,
24,
25,
26,
27,
28,
29,
30,
31,
32,
33,
34,
35,
36,
37,
38,
and
39
which
are
dedicated
for
single
family
residential
homes.
Only
one
dwelling
is
allowed
per
lot
on
the
single
family
lots.
“Member”
or
“members”
shall
mean
and
refer
to
each
owner
or
owners
of
a
Tract.
“Owner’
or
“owners”
shall
mean
and
refer
to
each
and
every
person
or
business
entity
who
or
which
is
a
record
owner
or
subsequently
becomes
a
record
owner
of
any
Tract
or
condo
unit
in
the
subdivision.
1. Membership and Voting Rights in the Association.
A.
Membership. Every owner of a
Tract
or
Condo
Unit
shall
automatically
be
a
member
of
the
Association.
B.
Voting Rights. The Association
shall
have
two
(2)
classes
of
members
for
the
purposes
of
voting.
Owners
shall
be
entitled
to
one
(1)
vote
for
each
Tract
or
Condominium
owned.
Developer shall be
entitled
to
two
(2)
votes
for
each
Tract
owned.
C.
Quorum, Notice, and Voting Requirements. The quorum, notice, and voting requirements of and pertaining to the Association
are
set
fourth
within
the
articles
of
incorporation
and
the
by-laws
of
the
Association,
as
the
same
may
be
amended
from
time
to
time.
Subject
to
the
provisions
of
Section
B
above
and
any
other
provision
to
the
contrary
set
out
in
these
Covenants,
any
action
by
or
on
behalf
of
the
Association
may
be
taken
with
the
assent
given
in
writing
and
signed
by
members
who
collectively
hold
or
control
a
majority
of
the
outstanding
votes
of
the
Association.
2. Property Rights in the Common Properties.
A.
Members’ Easements of Enjoyment. Subject to the provisions of Section C of this paragraph, every owner and each
individual
within
an
owner’s
family
shall
have
a
non-exclusive
right
and
easement
of
use,
recreation,
and
enjoyment
in
and
to
the
Common
Properties
and
such
easement
shall
be
appurtenant
to
and
shall
pass
with
the
title
of
each
respective
Tract/Unit;
PROVIDED,
HOWEVER,
such
easement
shall
not
give
such
person
(excluding
the
Developer
and
the
Association),
the
right
to
make
alterations,
additions
or
improvements
to
the
Common
Properties.
B.
Title to the Common Properties. The Association shall hold such title to the Common Properties for an identified
period
of
time,
subject
to
the
easement
set
forth
in
Section
1
of
this
Article
which
is
necessary
to
accomplish
the
purposes
and
effects
of
these
Covenants.
The
Association
shall
have
the
right
to
design,
redesign,
reconfigure,
alter,
improve,
landscape,
and
maintain
the
Common
Properties.
C.
Extent of Members’ Easements. The rights and easements created hereby shall be subject to the following:
(i) The right of the Board to prescribe reasonable regulations and policies for
governing,
and
to
charge
fees
and/or
deposits
related
to,
the
use,
operation,
and
maintenance
of
the
Common
Properties
and
all
Tracts.
(ii) The right of the Board on behalf of the Association to enter into and execute
contracts
with
any
party
for
the
purpose
of
providing
maintenance
or
such
other
materials
or
services
consistent
with
the
purpose
of
the
Association
and/or
these
Covenants.
(iii) The right of the Board to suspend the voting rights of any member and to
suspend
the
right
of
any
member
to
use
or
enjoy
any
of
the
Common
Properties
for
any
period
during
which
any
assessment
(including
without
limitation
“fines”)
against
a
Tract/Unit
remains
unpaid,
and
otherwise
for
any
period
deemed
reasonable
by
the
Board
for
any
infraction
of
the
then
existing
rules
and
regulations.
(iv) The right of the Board on behalf of the Association to dedicate or transfer
all
or
any
part
of
the
Common
Properties
to
any
municipal
corporation,
county
government,
political
subdivision,
public
agency,
governmental
authority,
or
utility
for
such
purposes
and
upon
such
conditions
as
may
be
agreed
to
by
the
Board.
D.
Developer Rights to easements. Developer reserves the right for the developer, its’ successor and assigns to
use
easements
described
herein
for
the
several
purposes
of
developing
all
other
property
now
owned
or
hereafter
acquired
by
developer,
its’
successor
or
assigns.
3. Covenants for Assessments.
A.
Creation of the Lien and Personal Obligations of
Assessments. The Developer, for each Tract/Unit owned by it within the Subdivision, hereby
covenants
and
agrees,
and
each
Owner
of
any
Tract/Unit,
by
acceptance
of
a
deed
therefore
whether
from
the
Developer
or
some
subsequent
grantor,
whether
or
not
it
shall
be
so
expressed
in
any
such
deed
or
other
conveyance,
shall
be
deemed
to
covenant
and
agreement
(and
such
covenant
and
agreement
shall
be
deemed
to
constitute
a
portion
of
the
purchase
money
and
consideration
for
acquisition
of
the
Tract/Unit),
to
pay
to
the
Association
the
following:
(i) Regular assessments or changes for maintenance, taxes and insurance on the
Common
Properties;
(ii) Special groups assessments for capital improvements or unusual or emergency
matters,
such
assessments
to
be
fixed,
established
and
collected
from
time
to
time
as
hereinafter
provided;
(iii) Special individual assessments which might be levied against individual Tract
owners
to
reimburse
the
Association
for
extra
costs
for
maintenance
and
repairs
caused
by
the
willful
or
negligent
acts
of
the
individual
owner,
his
family,
guest,
or
invitees,
and
not
caused
by
ordinary
wear
and
tear;
and
(iv) Individual assessments which might be levied against individual Tract/Unit
owners
for
violation
of
rules
and
regulations
pertaining
to
the
Association
and/or
the
Common
Properties.
The
regular,
special
group,
and
special
individual
assessments,
together
with
such
late
charges,
interest
and
costs
of
collection
thereof
as
hereinafter
provided,
shall
be
a
charge
on
the
land
and
shall
be
a
continuing
lien
upon
each
Tract/Unit
against
which
each
such
assessment
is
made.
Notwithstanding
the
above,
the
Developer
shall
not
be
required
to
pay
of
the
association
dues,
assessments
or
other
changes
set
forth
herein
until
ninety
(90%)
percent
of
all
Tracts
in
the
Subdivision
have
been
sold.
B.
Purpose of Assessments. The assessments levied by the Board on behalf of the Association shall be used for
the
purpose
of
enhancing
the
natural
environment,
appearance
and
beauty
of
the
Subdivision,
promoting
the
health,
recreation,
safety,
and
general
welfare
of
the
Residents,
and
for
maintaining
the
roads
and
common
areas
as
designated
in
Exhibits
2,
and
4.
C. Basis and Amounts of Regular Maintenance
Assessments
(i)
The
regular
base
assessments
shall
be
determined
by
the
Board.
Assessments
shall
apply
to
all
Tracts,
and/or
Condominium
units.
(ii)
The
Board
shall
give
notice
to
all
members
at
least
thirty
(30)
days
in
advance
of
the
date
all
regular
or
special
assessments
are
due.
The
Board
may
prescribe
from
time
to
time
that
the
regular
base
assessments
are
to
be
collected
on
an
annual,
semi-annual,
quarterly,
or
monthly
basis,
and
the
Board
shall
prescribe
the
appropriate
due
dates.
All
regular
base
assessments
shall
be
collected
in
advance.
The
due
date
or
dates
(if
it
is
to
be
paid
in
installments)
of
any
other
assessments
or
special
assessment
shall
be
fixed
in
the
respective
resolution
authorizing
such
assessment.
D.
Special group Assessments. In addition to the regular assessments authorized by Section 3, the Board may levy
in
any
fiscal
year
a
special
assessment,
applicable
to
that
year
only,
for
the
purpose
of
defraying,
in
whole
or
in
part,
the
cost
of
any
construction
or
reconstruction,
unexpected
repair
or
replacement
of
a
described
capital
improvement
upon
the
Common
Properties.
E.
Rate of Assessments. Except as noted herein, regular and special group assessments shall be fixed at a
uniform
rate
for
all
Tracts
and
Condominium
units
owned
by
members,
unless
otherwise
approved
by
the
Board.
The
failure
to
pay
the
assessment
by
the
owner
of
a
Tract/Unit
shall
constitute
a
lien
against
the
Tract/Unit
and
the
Association
may
pursue
any
remedy
available
to
it
at
law
or
in
equity
to
collect
such
lien
including
initiation
of
a
foreclosure
suit
in
a
court
of
competent
jurisdiction.
F.
Effect of Non-Payment of Assessment; the Personal
Obligation
of
the
Owner:
the
Lien:
and
Remedies
of
Association.
(i)
If
any
assessment
or
fines
or
any
part
thereof
is
not
paid
on
the
date(s)
when
due,
then
the
unpaid
amount
of
such
assessment
shall
be
considered
delinquent
and
shall,
together
with
any
late
charge
and
interest
thereon
at
the
maximum
rate
allowed
under
applicable
law
and
costs
of
collection
thereof,
thereupon
become
a
continuing
debt
secured
by
a
self-executing
lien
on
the
Tract/Unit
of
the
non-paying
owner
which
shall
bind
such
Track/Unit
in
the
hands
of
the
owner
and
owner’s
heirs,
executors,
administrators,
devisees,
personal
representatives,
successors,
and
assigns.
The
Board
shall
have
the
right
to
reject
partial
payment
of
an
unpaid
assessment
and
demand
the
full
payment
thereof.
The
lien
for
unpaid
assessments
shall
be
unaffected
by
any
sale
or
assignment
of
a
Tract/Unit
and
shall
continue
in
full
force
and
effect.
No
owner
may
waive
or
otherwise
escape
liability
for
any
assessment
provided
herein
by
non-use
of
the
Common
Properties
or
abandonment
of
the
Tract/unit;
(ii)
The
Board
may
also
give
written
notification
to
the
holder(s)
of
a
mortgage
on
a
Tract/Unit
of
a
non-paying
Owner
of
such
owner’s
default
in
paying
any
assessment
when
such
default
has
not
been
cured
within
thirty
(30)
days
of
the
original
date
due,
provided
that
the
Board
has,
theretofore,
been
furnished
in
writing
with
the
correct
name
and
address
of
the
holder(s)
of
such
mortgage
and
a
request
to
receive
such
notification;
and
(iii)
The
Board
may,
at
its
election,
retain
the
services
of
an
attorney
to
review,
monitor,
collect,
and
file
suit
to
foreclose
on
a
lien
for
unpaid
assessments
and
delinquent
accounts,
and
there
shall
also
be
added
to
the
amount
of
any
unpaid
assessment
or
to
any
delinquent
account
any
and
all
attorneys’
fees
and
other
costs
of
collection
incurred
by
the
Association.
G.
Subordiation of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate and inferior
to
the
lien
of
any
bonafide
first
mortgage
or
deed
of
trust
now
or
hereafter
placed
upon
any
Tract/Unit
subject
to
assessment.
4. General Powers and Duties for the Board of Directors of the
Association.
A.
Power and Duties. The affairs of the Association shall be conducted by its Board of Directors
(sometimes
referred
to
as
the
“Board”).
(i) The Board, for the benefit of the Association, the Subdivision, and the owners,
may
provide
and
may
pay
for,
out
of
the
assessment
fund(s)
pro
vided
for
in
Article
IV
above,
any
or
all
of
the
following:
(a) Care, preservation and
maintenance
of
the
Common
Properties
and
the
furnishing
and
upkeep
of
any
desked
personal
property
and
fixtures
for
use
in
or
on
the
Common
Properties;
(b)
Private
trash
and
garbage
collection
service,
if
determined
necessary
by
the
Board;
(c) Taxes, insurance, and
utilities
(including,
without
limitation,
electricity,
gas,
water,
and
sewer
charges),
if
any,
which
pertain
to
the
Common
Properties
only;
(d) The services of any person or
firm
(including
the
Developer
and
any
affiliates
of
the
Developer)
to
manage
the
Association
or
any
separate
portion
thereof,
to
the
extent
deemed
advisable
by
the
Board,
and
the
services
of
such
other
personnel
as
the
Board
shall
determine
to
be
necessary
or
proper
for
the
operation
of
the
Association,
whether
such
personnel
are
employed
directly
by
the
Board
or
by
a
manager
hired
by
the
Board;
(e) Legal and accounting
services;
and
(f) Any other materials,
supplies,
equipment,
labor
services,
maintenance,
repairs,
structural
alterations,
taxes
or
assessments
which
the
Board
is
required
to
obtain
or
pay
for
pursuant
to
the
terms
of
these
Covenants
or
which
in
its
opinion
shall
be
necessary
or
proper
for
the
operation
or
protection
of
the
Association
and
the
Subdivision
of
for
the
enforcement
of
these
Covenants.
(ii)
The
Board
shall
have
the
following
additional
rights,
powers
and
duties:
(a) To execute all declarations of ownership for tax assessment purposes with
regard
to
any
of
the
Common
Properties
owned
by
the
Association;
(b) To enter into contracts, maintain one or more bank accounts and, generally, to
have
all
the
powers
necessary
or
incidental
to
the
operation
and
management
of
the
Association;
and
(c) To make responsible rules and regulations for the operation of the Common
Properties
and
to
amend
the
Covenants
from
time
to
time;
provided,
however,
no
portion
of
paragraph
6
(Use
and
Division
of
Tracts)
of
these
Covenants
may
be
amended
unless
not
less
than
two-thirds
(2/3)
of
all
Owners
who
occupy
dwellings
in
the
Subdivision
approve
the
proposed
amendment(s).
B.
Maintenance Contracts. The Board shall have full power and
authority
to
contract
with
any
Owner
(including,
without
limitations,
the
Developer)
for
performance,
on
behalf
of
the
Association,
of
services
which
the
Association
is
otherwise
required
to
perform
pursuant
to
the
terms
hereof,
such
contracts
to
be
upon
such
terms
and
conditions
and
or
such
consideration
as
the
Board
may
deem
proper,
advisable,
and
in
the
best
interests
of
the
Association.
C.
Liability Limitations. Neither any member or owner nor the
directors
and
officers
of
the
Association
shall
be
personally
liable
for
the
debts
contracted
for
or
otherwise
incurred
by
the
Association
for
any
torts
committed
by
or
on
behalf
of
the
Association
or
otherwise.
Neither
the
Developer,
the
Association,
its
directors,
officers,
agents,
or
employees
shall
be
liable
for
any
incidental
or
consequential
damages
for
failure
to
inspect
any
premises,
improvements
or
portion
therefore,
or
for
failure
to
repair
or
maintain
the
same.
D.
Reserve Funds.
The
Board
may
establish
reserve
funds
which
may
be
maintained
and
accounted
for
separately
from
other
funds
maintained
for
annual
operating
expenses.
5. Use and Division of Tracts
A.
The
undersigned
does
hereby
dedicate
for
use
by
the
owners
of
the
Tracts/Units
the
private
drives
and
utility
easements
described
on
Exhibit
“2"
attached
hereto
and
made
part
hereof.
The
undersigned
further
dedicates
to
the
public
use
the
easements
and
rights
of
way
described
on
Exhibit
“3"
attached
hereto
and
made
part
hereof
for
the
several
purposes
of
constructing,
maintaining,
operating,
repairing,
replacing
and
servicing
all
private,
public
or
quasi-public
utilities,
together
with
the
right
of
ingress
and
egress
for
such
purposes
as
aforesaid
being
reserved
to
the
undersigned,
and
to
the
employees,
agents
designees
of
any
public
or
quasi-public
utility
providing
service
to
the
tracts
of
this
phase
and
also
to
subsequent
phases.
Within
said
easements
no
structure,
planting
or
other
material
shall
be
placed
or
permitted
to
remain
which
may
damage
or
interfere
with
the
installation
and
maintenance
of
utilities.
The
owners/s
of
each
Tract
shall
be
responsible
for
maintaining
all
improvements
within
the
boundaries
of
said
tract,
except
for
those
improvements
for
those
improvements
to
which
a
utility
company
is
responsible.
B.
Supply
lines
for
all
private,
public
or
quasi-public
utilities
shall
be
located
in
the
easement
ways
reserved
for
general
utility
service
as
shown
described
on
each
Tracts
and
the
private
drive
and
utility
easement
attached
hereto,
but
the
electrical
lines
running
over
the
property
shall
remain
above
ground.
Service
lines
to
all
houses
located
on
any
tract
shall
be
underground,
and
shall
run
from
the
nearest
source
of
each
utility
within
the
easement
to
the
point
of
use
as
determined
by
the
location
and
construction
of
such
house
as
the
same
may
be
upon
a
Tract.
The
supplier
of
each
and
every
private,
public,
or
quasi-public
utility
shall
hereafter
be
deemed
to
have
a
definite
permanent,
effective
and
exclusive
easement
five
feet
in
width,
extending
from
the
source
of
said
utility
within
the
easement
to
the
point
of
use
at
each
house
or
otherwise
structure.
The
center
line
of
said
utility
within
the
easement
to
the
point
of
use
at
each
house
or
otherwise
structure.
The
center
line
of
said
five
foot
strip
being
represented
by
the
service
line
as
installed.
The
supplier
of
each
utility,
through
its
proper
agents
employees,
shall
at
all
times
have
the
right
to
access
to
said
easement
or
easement
as,
as
shown
on
each
Tract
or
as
provided
for
in
this
Deed
of
Dedication.
The
easement
is
granted
for
the
purpose
of
installing,
maintaining,
removing
or
replacing
any
portion
of
the
above
ground
or
below
ground
utilities.
The
owner/s
of
each
Lot
shall
not
allow
any
activity
of
said
Tract
including
construction
or
alteration
of
grade,
which
may
interfere
with
the
operation
of
any
utility
line
and
appurtenances
hereto.
Repairs
or
cost
of
relocation
occurring
as
a
result
of
such
activities
shall
be
paid
by
the
owner/s
of
said
Tracts.
No
service
line
shall
be
installed
under
concrete
or
asphalt
surface.
Shrubbery
shall
not
be
placed
as
to
interfere
with
the
reading
of,
or
the
normal
maintenance
of,
any
utility
meter.
C.
All
homes
and
outbuildings
of
any
kind
shall
be
pre-approved
by
the
Developer
or
P.O.A.
prior
to
construction.
Submission
of
one
full
set
of
architectural
plans,.
Including
at
least
two
exterior
elevations,
a
list
of
exterior
veneers
and
materials
to
be
used
and
a
drawing
showing
the
“footprint”
or
placement
onto
the
Tract
must
be
sent
to
P.O.
Box
10210,
Ft.
Smith,
AR
72917
or
to
the
address
of
the
then
designated
P.O.A..
The
floor
area
of
the
main
residential
structure
on
a
Tract,
not
including
open
porches
or
garages,
shall
be
not
less
than
1,750
square
feet
for
the
Tracts
numbered
7,
8,
9,
10,
11,
12,
13,
14,
15,
21,
22,
23,
24,
25,
26,
27,
34,3
5,
36,
37,
38
and
39.
And
2,150
square
feet
for
the
Tracts
numbered
16,17,18,
19,20,28,29,30,31,32,
and
33.
Residents
shall
be
of
conventional
construction
and
meet
state
building
code
compliance.
Only
Tracts
numbered
1,2,3,4,5,
and
6
shall
D.
Each
residence
shall
be
constructed
on
a
permanent
foundation
made
of
either
concrete
or
cinder
block.
The
concrete
or
block
foundation
may
not
be
exposed
and
shall
be
covered
by
rock
or
other
approved
veneer.
E.
Each
dwelling
or
other
structure
located
on
a
Tract
shall
be
covered
by
a
roof
of
wood
shake,
metal,
or
asphalt
shingles
with
natural
colors
used
to
blend
with
scenery
and
having
a
minimum
of
an
8/12
slope
over
the
main
living
area.
All
homes
shall
be
covered
on
the
outside
by
masonite,
wood,
rock
concrete
siding,
or
other
pre-approved
material.
All
residences
constructed
on
a
Tract
shall
have
a
private
garage
to
accommodate
at
least
two
(2)
automobiles.
Any
detached
structure
to
be
built
on
a
Tract
shall
conform
to
the
same
style
and
design
and
of
the
same
building
materials
as
the
residence.
All
yards
shall
be
maintained
in
such
a
manner
as
to
enhance
the
appearance
of
the
Property.
All
debris,
trash,
dead
trees
and
plants,
or
otherwise
obnoxious
materials
must
be
removed
in
a
timely
manner.
F.
Each
residence
shall
have
a
driveway
and
provide
for
off
-street
parking
of
vehicles.
All
driveways
servicing
residential
dwellings,
garages
and/or
out
buildings
on
any
Tract
shall
be
composed
of
poured
concrete.
G.
No
fences
greater
than
five
(5)
feet
shall
be
around
any
residence.
All
fences
must
be
approved
by
the
developer
prior
to
construction,
it
being
the
intent
to
prevent
the
obstructing
of
view
for
adjacent
and
neighboring
property
owners.
Additionally,
any
materials
to
be
used
must
be
of
such
material
as
to
blend
wit
the
natural
landscape,
ie;
stone
and
wood
of
natural
color.
H.
No
outbuilding,
tent,
shack,
garage,
barn
or
any
vehicle
may
be
used
on
any
Tract
as
a
living
quarters,
either
permanently
or
temporarily.
No
structure
of
any
temporary
character
shall
be
permitted
on
any
lot,
except
one
construction
trailer
during
the
period
of
construction,
not
to
exceed
1
(one)
year.
No
vehicle
that
has
been
inoperative
for
a
period
of
more
than
three
days
shall
be
stored
on
any
tract.
The
parking
or
storage
of
unused
or
unlicensed
motor
vehicles
is
prohibited
on
any
Tract.
I.
No
obnoxious
or
offensive
trade
or
activity
shall
be
carried
on
or
upon
any
Tract
subject
to
these
restrictions,
nor
shall
anything
be
done
thereon
that
may
be
or
may
become
an
annoyance
or
nuisance
to
the
Property
or
any
owners
of
another
Tract.
No
future
mineral
development
of
any
kind
shall
be
permitted
affecting
the
surface
of
a
Tract
covered
by
these
restrictions.
No
animals,
livestock
or
poultry
of
any
kind
shall
be
raised,
bred
or
kept
on
any
Tract
except
that
dogs,
cats
or
other
household
pets
may
be
kept
provided
they
are
not
kept,
bred
or
maintained
for
any
commercial
purposes.
All
dogs,
cats
and
other
domestic
animals
permitted
to
be
kept
within
a
Tract
by
these
restrictive
covenants
shall
be
kept
and
maintained
in
a
fenced
area
not
to
exceed
5
feet
in
height.
No
animal
shall
be
chained,
tied
or
otherwise
restrained
either
in
the
rear
or
front
yard
of
a
Tract.
All
dog
houses
or
other
animal
shelters
shall
be
kept
in
the
rear
yard
of
a
residence.
Owners
shall
not
be
permitted
to
have
“barn”
or
pasture
animals
regardless
of
the
number
of
Tracts
or
size
of
an
owner’s
residential
site.
J.
Each
Tact
shall
be
permitted
one
antenna,
aerial
satellite
dish
or
similar
devise
for
the
reception
of
television,
radio
or
information
services
so
long
as
the
device
is
located
within
the
building
set
back
limits
and
to
the
rear
of
the
main
residential
building
and
is
used
for
non-commercial
purposes
only.
Each
antenna,
aerial
satellite
dish
or
other
device
shall
be
of
a
minimum
elevation
to
permit
adequate
reception,
not
higher
than
the
primary
residence
located
on
a
Tract,
and
the
transmitting
and
receiving
portion
shall
be
more
than
two
(3)
feet
in
diameter
at
its
widest
point
and
not
visible
from
the
front
of
the
residential
structure.
K.
In
the
event
that
any
Tract
is
sold
and
no
structure
is
immediately
erected,
the
owner
or
owners
of
such
Tract
or
Tracts
shall
keep
said
property
mowed
and
in
a
neat
sanitary
condition.
L.
No
sign
of
any
kind
shall
be
displayed
to
the
public
view
on
any
Tract,
except
one
professional
sign
advertising
the
property
for
sale,
resale
or
rental,
or
signs
used
by
a
builder
or
agent
to
advertise
the
property
during
the
construction
and
sale
of
a
dwelling
thereon.
In
no
event
shall
any
such
sign
stand
more
than
seven
(7)
feet
above
ground
level
nor
be
more
that
five(5)
square
feet
in
size
nor
be
lighted
at
night.
M.
No
owner
shall
be
allowed
to
conduct
any
business
or
commercial
activity
or
enterprise
upon
any
Tract.
No
commercial
type
buildings
shall
be
constructed
on
any
Tract.
N.
No
Tract
nor
any
portion
thereof
may
be
split
to
create
any
additional
Tract
or
Tracts.
O.
Landscaping
1.
Tree
removal or planting must be approved by the Developer and/or P.O.A.
prior
to
ny
work
being
done,
it
being
the
intent
to
insure
and
protect
the
natural
view
and
appearance
of
the
development.
2.
Pine
trees
and
other
high
growing
varieties
will
not
be
allowed
to
be
planted
in
any
area
where
their
future
growth
may
interfere
with
the
view
of
another
property.
3.
All
landscaped
area
must
be
maintained
in
an
orderly
manner.
Weeds
and/or
any
dead
plants
must
be
removed
in
a
timely
manner.
4.
All
yards
must
be
sodded,
except
for
areas
of
natural/native
cover
“Wooded
Areas”.
P.
Recreational
vehicles,
including
boats,
motorcycles
trailers,
etc.
may
not
be
stored
on
any
lot
except
for
those
vehicles
that
can
be
placed
inside
the
main
garage
of
a
dwelling.
No
“motor
homes”
of
any
size
maybe
kept
either
temporarily
or
permanently
on
any
property
within
the
development.
6. These covenants shall run with the land, and shall be binding on all parties and all persons
claiming
under
them
for
a
period
of
twenty-five
(25)
years
from
the
date
of
this
instrument
is
recorded,
after
which
time,
said
covenants
shall
be
automatically
extended
for
successive
periods
of
ten
(10)
years
unless
an
instrument
signed
by
a
majority
of
the
then
owners
identified
herein
has
been
recorded,
agreeing
to
change
said
covenants
in
whole
or
part.
7. If any provision of the Bill of
Assurances
or
any
section,
clause,
phrase,
word
or
the
application
thereof
in
any
circumstances
is
held
to
invalid,
the
validity
of
the
reminder
of
this
Bill
of
Assurance
and
of
the
application
of
the
remaining
provision
shall
be
affected
thereby.
8. Any assent, express or implied,
by
any
party
subject
to
these
covenants
to
any
breach
of
any
covenant
herein
contained,
shall
operate
as
such
only
in
the
subject
instance
and
shall
not
be
construed
as
an
assent
of
waiver
of
any
such
covenant
or
agreement
generally
or
any
subsequent
breach
thereof.
9. If any party hereto, or their heirs, successors or assigns, or the owner of any Tract/unit
covered
by
this
Bill
of
Assurances,
shall
violate,
or
attempt
to
violate,
any
of
the
covenants
herein,
it
shall
be
lawful
for
any
other
person,
or
persons,
owning
any
real
property
identified
herein
to
prosecute
any
proceeding
at
law
or
in
equity
against
the
person
or
persons
violating
or
attempting
to
violate
any
such
covenant
or
covenants
and
either
to
restrain
him,
her
or
them
from
so
doing
or
to
recover
damages
for
such
violations.
In
the
event
any
suit
is
brought
to
enforce
these
covenants,
the
prevailing
party
in
such
suit
shall
be
entitled
to
recover
costs
of
any
such
suit,
including
reasonable
attorneys
fees.
IN WITNESS WHEREOF, Preview Addition, L.L.C., an Oklahoma Limited
Liability
Company,
has
caused
these
presents
to
be
duly
executed
by
the
undersigned,
being
a
majority
of
the
members
of
the
company,
in
accordance
with
the
Operating
Agreement
of
said
Company,
this
28th day of September, 2006
