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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY

BROOKFIELD DESERT REALTY CORPORATIO N Sunrise Desert Vistas Property Owners Association, Inc. Declarant; an Arizona Corporation is the owner property owners association for of a certain tract of land in Maricopa County, Arizona described in Exhibit "A" attached hereto, "Property", for the purpose of preserving and protecting the value of the property, it's natural beauty, and it's desirability for use as a quality residential and ranches and in furtherance of a common plan, does hereby subject the property to and declare the following covenants, conditions and restrictions as revised on December 31, 2012 by a vote of the membership per the controlling covenants, conditions and restrictions of the Sunrise Desert Vistas Property Owners Association:

1. Purpose of These Restrictions, Covenants and Conditions. The purpose of these restrictions, covenants and conditions is to assure the use of the property for attractive residential and non-commercial ranch purposes (as set forth herein) only, and securing to each Parcel owner the full benefit and enjoyment of his or her Parcel and home in furtherance of a common plan.

2. Term. These restrictions shall run with the land and shall be binding upon all owners and persons claiming under them for a period of twenty (20 years following the date of this instrument, after which time the same shall be extended for successive periods of ten (10) years each, unless an instrument of cancellation signed by the then owners of not less than sixty six and 2/3's percent (66 2/3 %) of the Property has been recorded.

3. Definitions. A. "Mobile 'Home" shall mean any dwelling that is built on a chassis or any dwelling a material portion of the shell of which has been prefabricated at another location or any other dwelling customarily referred to as a mobile home of modular construction. It also means a moveable or portable unit for residential purposes constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence.

B. "Bona Fide First Mortgage" means any Realty Mortgage or Deed Trust made in good faith and for value and properly executed and recorded so as to create a lien on any Parcel or Parcels that is prior to the lien of any other Realty Mortgage or Deed of Trust. C. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of fee or equitable or beneficial title to any Parcel. Owner steal include the purchaser of a Parcel under an executory contract for purchase. The foregoing definition does not include persons or entities that hold an interest in an Parcel as security of the performance of an obligation.

D. The "Parcel or "Parcels" means the Parcels as shown on the Result of Survey, either individually or collectively, as the case may be, and any divisions thereof as provided for herein.

E. The "Property" means the real property described above, or any part thereof.

F. "Result of Survey Parcel(s)" shall mean any parcel of land which Developer has divided, or hereinafter divides the property and as shown on a Result of Survey. The term "Divided Parcel" shall also mean parcels which are subsequently divided in accordance with the provisions hereof and of applicable law. The term "Parcel(s)" alone shall include both Result of Survey Parcel( s) and Divided parcel( s).

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G. "Result of Survey(s)" means the Result of Survey of record as referred to above, as may hereafter be amended.

4. Property Owners Association A. There is hereby created the SUNRISE DESERT VISTAS, INC. Property Owners Association. The purpose of the Association is to: maintain the roadways as constructed by the Developer and recorded on a separate roadway map at least twice once each calendar year.and maintain any common use areas or easements that may be designated as such.

B. Each and every Parcel owner, in accepting a deed or contract for any Parcel, whether or not it shall be so expressed in such deed or contract, automatically becomes a member of the Association, and agrees to be bound by such reasonable rules and regulations, as may, from time to time, be established by the Association. Membership shall belong with and may not be separated form ownership of the Parcel. The rights and obligations of an owner and membership in the Association shall not be assigned, transferred, pledged, conveyed or alienated in any way, except upon transfer of ownership of such Parcel, whether by interstate succession, testamentary disposition, foreclosure of a mortgage, or such other legal processes as now in effect or as may be hereafter established pursuant to the laws of the State of Arizona. The Association shall be operated and conducted on a strictly cooperative and non-profit basis. Each Parcel owner as a member shall have such voting rights as set forth in this Declaration.

C. In furtherance of its purposes, which are generally set forth above, the Association shall provide necessary and appropriate action for the maintenance, repair, replacement and management of the properties referred to in Paragraph 4A above and shall have the right to enter upon a Parcel, if reasonably necessary, in order to accomplish its' purpose.

D. The Association shall have the power to borrow and encumber its assets and, in all respects, shall have the powers necessary to carry out its purposes, whether or not specifically set forth herein, including the power to enter into contracts with third parties to perform all or part of its functions and to hire its own employees to do so. However under no circumstance shall the association board enter into a contract with a management without 66 2/3 percent vote of the owners of record. The Association shall have the power to dedicate the roads and grant the easements to the County as shown on the Result of Survey.

E Each Parcel owner is obligated to pay: (i) regular assessments of for normal maintenance and repair of roadways and reserves, Association insurance and operating costs; (ii) $5.00 per acre annual assessment, special assessments of capital improvements with such assessments to be established by the Association. The regular assessment, including the annual $5.00 per acre assessment and any special assessments, late payment penalties and charges, if any, together with interest, (all as set by the Association) costs and reasonable attorneys fees, shall be a lien on the Parcel. Each Parcel owner shall be personally responsible for his or her share of assessments imposed by the Association. This personal obligation for delinquent assessments shall not pass to the owner’s successor in title, unless expressly assumed by such successor; however, the obligation to pay same shall be a continuing lien on the Parcel, excepting for the provisions of Paragraph 3L. below, relating to mortgages.

F. The Association shall, on an annual basis, make a determination as to the estimated cost of the repair and maintenance of the roadways and any other designated common use areas

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as shown on the Result of Survey or otherwise so designated, including any reserves necessary for future capital expenditures and maintenance. Assessments shall be charged to each owner on a uniform per basis, regardless of size as shown on the Result of Survey and including any Divided Parcel The assessments may be collected on a monthly, quarterly, or annual basis or any combination of same as determined by the Association.

G. F. Each owner shall be responsible to pay the regular assessment commencing on the first day of the month January following the date of recordation of the deed or purchase contract wherein the owner acquired legal, beneficial, or equitable title to the Parcel. The Developer shall not be responsible for comparable assessments on each Parcel owned by it. However, Developer shall be responsible to provide labor, material and/or monies in sufficient amounts, not to exceed the amount of the normal Parcel assessment for each Parcel owned by it, if necessary in Developer’s opinion, to properly fulfill the Association’s maintenance responsibilities. Developer has deposited $10,000.00 with the Association. The initial regular assessment shall be $40000 per parcel whether a Result of Survey Parcel or a Divided Parcel. After the initial assessment

The owner of the Parcel shall be charged $5.00 per acre for the year commencing on with the payments being prorated to the next calendar year January 1 and then on an annual basis due the 1st day of January every year thereafter. In addition to the $5.00 per acre assessment, The Association shall fix the amount of the regular assessment at least thirty (30) days prior to the beginning of the calendar year. Written notice of the assessment shall be sent to every owner posted on the Association’s website. The payment due date shall be established by the Association January 1. The Association shall not increase the regular assessment beyond ten percent (10%) twenty percent (20%) per year unless approved by a majority not less than sixty six and 2/3’s percent (66 2/3%) vote of the Parcel owners of record. Association membership.

H. G. In addition to the regular assessment as set forth above, the Association may set special assessments if the Association determines by two third’s ownership vote of not less than sixty six and 2/3’s percent (66 2/3%) vote of the Parcel owners of record. that such is necessary to meet the primary purposes of the Association.

I. H. All sums assessed by the Association chargeable to a Parcel, but unpaid, shall constitute a lien on such Parcel prior to all other liens excepting only ad valorem liens in favor of a governmental assessing unit or special assessment district. The Association lien may be foreclosed by the Association in a like manner as a foreclosure of a real property deed of trust, in compliance with Arizona State Laws. The Association shall have the power to bid on the delinquent Parcel at a foreclosure sale and acquire, hold, lease, encumber and convey the same. A suit to recover a money judgment of unpaid assessments and charges shall e maintainable by the Association without foreclosing or waiving the lien securing the same.

J. I. The total number of votes in the Association shall be on the basis of (1) vote per acre rounded to the nearest whole acre., provided the Declarant (developer) shall have three (3) votes for each acre it owns rounded to the nearest whole acre. Unless otherwise specifically provided herein, all Association matters shall be determined by a majority vote. If more than one party is the owner of a Parcel, there must be unanimous agreement among those who own an interest in the parcel as to how to cast that parcel’s vote, otherwise, that vote shall not be counted.

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K. J. The Association membership shall have the power to adopt Bylaws and to appoint its officers and directors, as well as establish reasonable regulations relating to the matters within its purpose.

L. K. Where the holder of a first mortgage of record obtains title to the Parcel as a result of foreclosure, or deed in lieu of foreclosure, of said first mortgage, such acquirer of title, its successors and assigns, shall not be liable, unless prohibited by law, for the share of the expenses of the assessments by the Association chargeable to such Parcel which became due prior to the acquisition of title to such Parcel by such acquirer. As used in this Declaration, the term "mortgage" shall include "deed of trust' and "agreement for sale" and "mortgagee" shall include the "Beneficiary" under a deed of trust and "vendor" under an agreement for sale. Such acquirer shall be responsible, as any owner, for assessments charged subsequent to the acquisition.

M. L. In the event the Association determines that any Parcel owner has not complied with the provisions of this Declaration, then the Association may, at its option, give written notice to the owner of the conditions complained of. The owner shall correct the same or, if not readily correctable within thirty (30) days after notice from the Association, the owner shall submit corrective plans proposing its remedy to the condition complained of within fifteen days after notice from the Association. The Association shall approve or disapprove any plans submitted by the owner and set forth a reasonable time for correction of the condition complained of.

If compliance is not met, a second letter will be sent to the homeowner and or parcel owner and a $25 fine will be assessed to the homeowner’s and or parcel owner’s account. AFTER the second notice compliance is required within 15 days of the date of the second letter. IF compliance is not met, a third letter requiring compliance will be sent to the homeowner and or parcel owner for compliance within 15 days from the date of the third letter and a $50 fine will be assessed to the homeowner’s and or parcel owner’s account. IF compliance is not met within 15 days after the date of the third letter, a fourth letter requiring compliance will be sent to the homeowner and or parcel owner for compliance within 15 days of the fourth letter and a $100 fine will be assessed to the homeowner’s and or parcel owner’s account.

If compliance is still not achieved within 15 days, the Association shall have the right to undertake to remedy such condition or violation. The cost thereof shall be deemed to be an assessment to such owner and enforceable by the Association as if any other unpaid assessment. The Association is hereby granted the right of entry on the affected Parcel to so correct the condition or violation complained of. All legal & other fees will become the responsibility of the homeowner and or parcel owner, and letters requiring compliance will continue to be sent to the homeowner and or parcel owner of the property on the 15 day schedule as outlined above with an increase fine of $100 for each non-compliance letter to be assessed to the homeowner’s and or parcel owner’s account.

In the event such condition is not corrected according to the approved plans, within the allotted time, the Association shall have the right to undertake to remedy such condition or violation complained of. The cost thereof shall be deemed to be an assessment to such owner and enforceable by the Association as if any other unpaid assessment. The Association is hereby granted the right of entry on the affected Parcel to so correct the condition or violation complained of.

N: M. Parcel Sales. The Association must be advised of all sales or divisions of any property with name, address and how much acreage for billing purposes.

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5. Uses. No Parcel shall be used except for residential and non-commercial ranch purposes and in accordance with Maricopa County zoning and building permit requirements, and in accordance with this Declaration.

6. Restrictions on Placement of Improvements on a Parcel. No structures or improvements (other than acceptable fencing) shall be located upon a Parcel within 50 feet of any Result of Survey Parcel(s) boundary, except for a property entrance and address sign to identify the property and occupants, as set forth in paragraph 8 below, which must comply with applicable governmental regulations and may not be placed on an easement. Interior lines of Divided Parcels are not subject to this setback requirement.

7. Fences. No fence shall be placed within any Roadway Easement as recorded on the Result of Survey. ingress, egress, or trail easements. All fences are to be made of rock, masonry, wood, barbed wire, chain link materials, and metal horse fences and are to be maintained by the Parcel owner.

NOTE; THE FOLLOWING HAS BEEN MOVED TO PARAGRAPH 21 “Travel Trailers, Recreational Vehicles, Horse Trailers, motor homes, boats etc. should

be shielded from view by vegetation or other means from the roadways.”

8. Signs. No signs or billboards used as advertising or promotional devices, except those used in sale of Parcels in the Subdivision by Declarant, or those permitted by the applicable sign ordinances for the sale or rental of property (not to exceed 18" x 24") by the owner(s) or his or her agent, shall be placed on any parcel or portion thereof. Address signs that identify the address and or the owner of the parcel shall not exceed 4 50 square feet.

9. Size of Residential Parcel (minimum size). No parcel shall be divided smaller than that allowed by applicable governmental regulations and ordinances, however under no circumstances shall any Parcel be created which is smaller that 1 2/3 gross acres, 72,000 sq. ft., in size including then existing internal and external roadway easements adjacent to the subject parcel.

10. Minimum Sizes and Roofs. Any single family residential structure or approved barn, shed or other improvement placed upon any Parcel shall be constructed from new material or its equivalent. Any residential structure shall contain a minimum of 2,000 square feet of living area, exclusive of carport, garage, open porches and patio. 11. Completion Time. Construction of a residence shall be finished and completed no later than 1112 years after the issuance of a building permit by the appropriate regulatory body with any approved barn or shed being completed within 6 months after issuance of the permit.

12. Trash. No Parcel may be used for temporary or permanent storage of rubbish or trash (collectively • garbage). No garbage may be kept on any Parcel except in covered containers and screened from view from adjacent properties. All containers of the storage of such material shall be kept in a clean and sanitary condition. No outdoor burning of rubbish shall be permitted on any parcel.

13. Junkyards and Material Storage. No junkyards shall be conducted on any Parcel. No storage of trucks, cars, buses, equipment or building materials shall be stored on any Parcel unless enclosed in a proper structure to not be visible from an adjoining Parcel or passing on the roadway.

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14. Hazardous Materials. No hazardous or toxic materials may be kept, used or stored on any Parcel.

15. Nuisances, Noxious or Offensive Activity. No nuisance or noxious or offensive activity shall be carried on upon or from any Parcel. The unnecessary, prolonged or indiscriminate creation of such things as noise, dust, fumes or odors is prohibited, including but not limited to gunfire, road racing and loud music. As regulated by law.

16. Sanitary Facilities. Toilets or other sanitary facilities shall be water-flush devices located within a residence. Wastewater shall be discharged into a county or other appropriate governmental agency approved septic disposal system located on the Parcel.

17. Water. Individual domestic wells must be installed in compliance with the rules and regulations of the Arizona Department of Water Resources and local regulation agencies. Water delivered to your property in a water truck or well should be placed in a water holding tank. If you have water delivered via vehicle or if you are getting your water from a well and you have a holding tank, with compressor pumps etc., they shall all be fenced in either by block, fence or hedges and the holding tank for water and pumps and compressors may not be more that 6 feet in height and it may be above or below ground. Water storage tank must be painted desert tone color.

18. Livestock, Poultry, Domestic Animals. No swine shall be raised, bred or kept on any parcel. No chickens or ducks may be raised, bred or kept for commercial purposes on any Parcel. A Parcel may be used for ranching, including the use and keeping of a reasonable number of horses and cattle, provided the Parcel has been adequately fenced with a minimum three (3) - four (4) strand or better fence so as to prevent the movement of livestock from the Parcel. Under no circumstance shall a commercial stockyard, dairy, or kennel be permitted on any Parcel. No pigs. fighting chickens, nor wild animals of any kind will be permitted. Livestock, poultry and domestic animals shall be maintained only for the personal use and enjoyment of the residents of the Parcel. All fences for any livestock or animals shall be constructed of new material or the equivalent thereof and of such height and strength as to adequately contain any and all permitted livestock or animals. All areas maintained for livestock and poultry shall at all times be kept clean, with all manure removed on a regular basis.

19. Motor Vehicles. Machinery & Equipment. No vehicle may be stored, maintained, constructed, reconstructed or repaired on any part of any Parcel except when done inside a shed, garage or screening so that it is not visible from other Parcels. Inoperable or unlicensed vehicles must be stored or parked inside a structure so as not to be visible from adjoining Parcels. All vehicles or motors must be operated with a mufl1er. All terrain vehicles, ATC’s go-carts, motorcycles, mini-bikes, motorized scooters and the like may be operated only within the owners parcel and are not allowed on the roadways, or easements unless they are licensed, or driven by a licensed diver, and operated in a way which does not disturb or annoy the adjoining owners.

20. Parcel Maintenance. Each Parcel, including landscaping improvements thereon, must be maintained and kept clean at all times by the owner.

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21. Travel Trailers. Recreational Vehicles. Travel Trailers, Recreational Vehicles, Horse Trailers, motor homes, boats etc. should be shielded from view by vegetation or other means from the roadways. No travel trailer or recreational vehicle may be used as a permanent residence. One (1) travel trailer or recreational vehicle may be used for temporary residential use only if the use extends for not more than three (3) consecutive months with the exception that one (1) travel trailer or recreational vehicle may be used as a temporary residence for up to one (I) year if the occupant has been issued a building permit by Maricopa County and is diligently proceeding to construct a permanent residence upon the Parcel.

22. Mobile Homes. Mobile homes shall not be permitted on any Parcel permanently or temporarily.

23. Land Clearing. There shall be no clearing of the vegetation on any Parcel, except underbrush, or grading, except to the extent necessary to accommodate access, parking areas, residential and it's improvements on the property such as tennis courts, pools, etc. Ranch facilities and their improvements such as arenas, horse barns, round pens etc. are permitted.

24. 23. Enforcement. The owner of any parcel and the Property Owners Association shall have the right, but not the obligation, to enforce, by any proceeding at law or in equity all covenants, conditions and restrictions, now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter.

25. Amendments. This Declaration may be amended at any time by any instrument which has been signed by not less than sixty-six and 2/3's (66 2/3%) of the total land area comprising the Property; provided, however that so long as the Developer owns 6 or more parcels, no amendment to this Declaration shall be effective unless signed by the Developer, its assigns or successors, which signature may be withheld at its sole discretion. Developer expressly reserves the right to grant any reasonable exceptions to the restrictions on placement of improvements specified in paragraph 6.

26. Developer’s Special Rights. In making this Declaration, the developer reserves to itself and its successors and assigns the below powers and rights (“Developer /rights”) so long as the Developer owns a Parcel”A. Amend the Result of Survey (s) and legal description of the Property;B. Create Easements;C. Divide Parcels;D. Maintain sales offices, management offices, models and signs advertising the Property and directing prospects to the Property, conduct tours of the Property, and conduct any event or promotion desired by the Developer in its exclusive discretion to assist its sales activities;E. Grant any reasonable requests for waivers of any of the provisions of this Declaration at its sole discretion.

26. Endorsement. Any lawsuit brought by the Sunrise Desert Vistas Property Owners Association Board of Directors shall require an approval by its members to consist of a certified vote of sixty six and 2/3 percent (66 2/3 %) of the total land area comprising the property. This vote is to be taken by a Certified Public Accounting Firm not a member of the Association, and the results published, prior to any legal action being taken by the board.

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27. General Provisions.

A. Enforcement The covenants, conditions, and restrictions contained in this Declaration shall run with the land, as designated in paragraph 2 “Terms”, and shall be binding upon all persons owning. Leasing, subleasing or occupying any Parcel after the date on which this instrument shall have been recorded in the office of the Recorder of ¥avapai Maricopa County, State of Arizona. This declaration may be enforced by. R I ant, by any Owner or lessee v~ any Parcel, by the holder of a Bona Fide First Mortgage on any Parcel, by the Association, or anyone or more of said persons acting jointly; provided, however, that any breach by reason thereof shall not defeat or adversely affect the lien of a Bona Fide First Mortgage upon any Parcel, but each and all said covenants, conditions and restrictions shall be binding upon and effective against any owner, lessee or occupant of said Parcel whose title thereto is acquired by foreclosure, or otherwise, and provided also that the breach of any said covenants, conditions and restrictions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such Bona Fide First Mortgage. All instruments of conveyance or assignment of any interest in all or any part of the Property may refer to this instrument and shall be subject to the covenants, conditions, and restrictions, herein contained as fully as though this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its term whether express reference is made to this instrument or not.

B. Invalidity Invalidation of any of these covenants, restrictions, reservations, conditions and servitudes by judgment, court order, or otherwise shall in no way affect the validity of any of the other provisions of this Declaration, all of which shall remain in full force and effect.

Dated May 21, 1999 BROOKFIELD DESERT~ REALTY CORPORATION AN ARIZONA CORPORATIONPROVINCE OF ONTARIO COUNTY OF YORK This instrument was acknowledged before me this 21st day of May, 1999 Morris Justein, a President of Brookfield Desert Realty Corporation an Arizona Corporation

Dated ____Sunrise Desert Vistas Property Owners Association, Inc. An Arizona Corporation County of Maricopa State of Arizona This instrument was AMENDED and acknowledged before me this day of 2012Grace Violette, as President of Sunrise Desert Vistas Property Owners Association, an Arizona Corporation. My Commission Expires. Notary Public

By: __

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PARCEL OWNERS SIGNATURE PAGE:

PARCEL # 219-40-_____ ACRES_______ SIGNATURE____________________________










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