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HomeMy WebLinkAboutS-1127-B ApplicationCOURTYARD HOMES • I David A. Carl 501-224-0009 501-224-6847 Fax Quiet Elegance with an Active Lifestyle 16 Hunter's Green Circle Little Rock, Arkansas 72211 A HUNTER'S GREEN DEVELOPMENT 017e block west off Nox V,,llev err Hinters Glen Blvd. WESTvlL LITTLE ROCK alEln3tiEn CaP!le rr PI+vE ,uw HU nTEA'S VA fir � Oki E 4REFN MUb F;rN F HUNTER'S A70 GLEN BLVG Si gj1� LES p 9L RRA LVMN AMENDED BIf.L OFt ASSURANCE 2000003114 nQ 01/13/2000 04:26:15 PM b Filed a Recordedin HUNTER'S GREEN Official Records of (A Residential Subdivision) CAROLYN STALEY PULASKI COUNTY THE STATE OF ARKANSAS CIRCUIT/COUNTY CLERK COUNTY OF PULASKI Fees $46.00 This Amended Bill of Assurance ( "the Bill" ), is made on the date hereinafter set forth by Hunter's Green Development Company, LLC, an Arkansas limited liability company, for the purpose of amending the original plat by reducing the number of lots from fifty six (56) to fifty one (51) by deleting lots 3, 35, 42, 48 and 54. and revising the lot sizes of twenty four (24) of the remaining fifty one 51 lots. Those twenty four (24) lots will keep the same lot number (i,e 1 through 56) but have an "R" after their lot number to indicate a revision. N,r/U01241*i.`fJm WHEREAS, Grantor is the owner of the real property described in Article III of this Amended Bill of Assurance and desires to create thereon a residential Courtyard home community with designated "Lots" and "Common Properties" and "Common Facilities" (as those terms are defined herein) for the benefit of the present and future owners of said Lots; and WHEREAS, Grantor desires to provide for the preservation of the values and amenities in said community and for the maintenance of said Common Properties and Common Facilities, and to this end, desires to subject the real property described in Article Ill to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Grantor has deemed it desirable, for the efficient, preservation of the values and amenities in said community, to create an agency to which will be delegated and assigned the powers of maintaining and administering the Common Properties and Common Facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Hunter's Green Association, shall be incorporated under the laws of the State of Arkansas, as a non-profit corporation, for the purpose of exercising the functions aforesaid; NOW, THEREFORE, the Grantor declares that the real property described in Article III, is and shall be held, transferred, sold, conveyed, occupied and enjoyed subject to the covenants, restrictions, easements, charges and liens (sometimes referred to herein as "covenants and restrictions") hereinafter set forth. ARTICLE I Definitions The following words when used in this Amended Bill of Assurance (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to the Hunter's Green Association, its successors and assigns, as provided for herein. (b) "The Properties" shall mean and refer to the Lots described in Article III hereof which are subject to this Amended Bill of Assurance. (e) "Lots" shall mean and refer to any of the fifty one (51) tracts of land as shown in the amended recorded plat and designated Tract numbers One (1) through fifty six (56). We have deleted lots 3, 35, 42, 48, and 54 from the original plat. We have revised twenty four (24) lots. These lots will keep the same lot number as before (i,e 1 through 56) but have an "R" after their lot number to show they have been revised. In all contracts, deeds, conveyances, mortgages, deeds of trust, releases and other legal instruments, each Lot shall be described by reference to such recorded Plat. (d) "Common Properties" shall mean and refer to all those areas of land within the Properties not situated within the boundaries of the Lots together with such other property as the Association may at any time or from time to time acquire by purchase or otherwise, subject, however, to the easements, limitations, restrictions, dedications and reservations applicable thereto by virtue hereof. *s*a+"t°■m"'Wo WN (e) "Common Facilities" shall mean and refer to all existing and subsequently provided ice' or within the Common Properties except those as may be expressly excluded herein. In s Facilities may consist of improvements for the use and benefit of the Owners of all oth o • portions of one or more Lots as is herein provided. By way of illustration, Common 1'1�6i1i .y ' not necessarily be limited to, the following: structures for recreation, storage or �� #t`; fountains; statuary; sidewalks; private streets; common driveways; guest parking spar main; and other similar or appurtenant improvements. v •= �; 1 .� #''` 64, +aaa4 aaaraaa*�' Definitions (cont.) (f) "Courtyard home" shall mean and refer to any single family residential unit situated upon a Lot or Lots. (g) "Owner" shall mean and refer to the record owner, whether one or more persons or entitles, of the fee simple title to any Lot situated upon the Properties but, notwithstanding any applicable theory of the mortgage, shall not meant or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (h) "Members" shall mean and refer to all those Owners who are members of the Association as provided in Article IV, Section 4, hereof. The term "Members" as used in this Amended Bill of Assurance is further defined to include and refer to the heirs, executors, personal representatives, administrators, devisees and assigns of any Member, and all other persons, firms or corporations acquiring or succeeding to the title of the Member by sale, grant, will, foreclosure, execution, or by any legal process, or by operation of law or in any other legal matter. (i) "The Plat" shall mean and refer to that certain plat which Grantor has caused to be filed in the Pulaski County, Arkansas land records as Instrument No. 95 , on 2 -2 7 Vic. 17�q -Cc+-7 f3 tz iD ARTICLE II Reservations, Exceptions and Dedications Section 1. Existing Easements. Grantor has heretofore reserved, created and dedicated by designation on the plat, utility easements in favor of all public utility companies, and municipal and other governmental authorities servicing the Properties as shown and provided in the plat, and such plat is incorporated herein by reference and made a part of this Amended Bill of Assurance for all purposes as if fullyset forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Grantor conveying any part of the Properties. Section 2. Changes and Additions. Grantor reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing the improvements. Section 3. Title to Easements and Appurtenances Not Conveyed. It is expressly agreed and understood that the title conveyed by Grantor to any Lot by contract, deed or other conveyance shall not be held or construed in any event to include the title to any roadways or any drainage, water, gas, sewer, storm sewer, electric light, electric power, telegraph or telephone way or any pipes, lines, poles or conduits on or in any utility facility or appurtenances thereto constructed by or under Grantor or its agents through, along or upon any Lot or any part thereof to serve said Lot, or any other portions of the Properties, and the right to maintain, repair, sell or lease such appurtenances to any municipality, or other governmental agency or to any public service corporation or to any other party is hereby expressly reserved in Grantor. Section 4. Minor Encroachments. Each Lot and the property included in the Common Properties shall be subject to a perpetual easement for minor encroachments from adjoining Lots which are caused or created by unintentional error in construction, settling, shifting of soil, protrusions and overhangs, and a temporary easement for ingress and egress during and in connection with the maintenance and construction of improvements on adjacent property. Section 5. Installation and Maintenance There is hereby created an easement upon, across, over and under all of the Properties for ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, telephones, electricity, gas and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to affix and maintain pipes, wires, conduits, service lines or other utility facilities or appurtenances thereto, on, above, across and under the Properties. Notwithstanding anything to the contrary contained in this paragraph, no sewer, electrical lines, water lines, or other utilities or appurtenances thereto may be installed or relocated on the Properties until approved by Grantor or the Association's Board of Trustees Section 6. Guest Parking Spaces and Sidewalks. An easement is hereby granted upon and across all portions of the Common Properties constructed for and utilized as guest parking spaces, and upon and across all areas within four (4) feet on either side of the center line of all portions of the Common Properties constructed for and utilized as sidewalks; provided, however, that such easement shall not cover any area included within the portion of a Lot on which is situated a Courtyard home. Such easement shall be for the common use and benefit of all Owners and their families, guests or invitees, and their right to use the same for ingress and egress shall be had at all times, except as may be limited by the Board of Trustees of the Association. The Association shall have the right to remove or require the removal of any obstruction that may be placed in such easement that would constitute interference with its intended use. 4 Reservations. Exceptions and Dedications ( cont.) Section 7. Private Streets and Alleys. The "Private Streets" and "Alleys" situated in the Common Properties shall be construed to be an easement available for the general use of the Owners of the Lots and for public ingress and egress for the benefit of the Lots to the extent required by applicable governmental regulations. Section 8. Minor Curb Line Encroachments. Each Lot and the property included in the Common Properties shall be subject to an easement for encroachment by the curb line of any Private Street or Alley situated in the Common Properties onto said Lots and/or Common Properties to the extent and subject to the limitations hereinafter set forth. Said easement shall be up to one (1) foot in width and shall be along and parallel to the outside boundaries of such Private Streets or Alleys where such boundaries are common with boundary lines of said Lots and/or Common Properties; provided however, that such easement shall not cover any area included within the portion of a Lot on which is situated a Courtyard home. Section 9. Emergency and Service Vehicles. An easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collection vehicles and other service vehicles to enter upon the Properties in the performance of their duties. Further an easement is hereby granted to the Association, its officers, agents, employees, and personnel to enter the Properties to render any service. Section 18. Surface Areas. The surface of easement areas for underground utility services maybe paved for streets, driveways and/or may be used for planting of shrubbery, trees, lawns, or flowers. However, it is expressly agreed that neither the Grantor nor any supplier of any utility or service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their agents, employees, servants or assigns, to the pavement or to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance or repair of any facility in any such easement area. ARTICLE III Property Subject to this Amended Bill of Assurance Section 1. Description. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Amended Bill of Assurance is that certain 10.9257 acre tract of land out of the John D. Taylor League, Abstract 72, Pulaski County, Arkansas, more particularly described as follows: Part of W 1/2 SE 1/4 NE 1/4 Section 32, Township 2 North, Range 13 West, Pulaski County, Arkansas, more particularly described as: Beginning at the Northwest corner of the SE 1/4, NE 1/4 said Section 32; thence North 89 degrees 51 minutes 38 seconds, East along the North line of said SE 1/4, NE 1/4, 658.8 feet to the Northeast comer of the W 1/2 SE 1/4 NE 114, said corner also being the Northwest comer of Lot 1, Hunter's Glenn, an Addition to the City of Little Rock, Arkansas, thence South 0 degrees 18 minutes 47 seconds East along the East line of said W 1/2 SE 1/4, NE 1/4 and along the West line of said Lot 1, 609.7 feet to the Southwest corner of said Lot 1, said corner lying on the North right of way line of Hunter's Glenn Blvd., thence Southwesterly along said Northerly right of way line being the arc of a 56 foot radius curve to the left, having a chord bearing and distance of South 44 degrees 46 minutes 58 seconds West, 77.65 feet to a point; thence South 89 degrees 52 minutes 43 seconds West, 601.56 feet to a point on the West line of the SE 1/4, NE 1/4, thence North 0 degrees 33 minutes 37 seconds West line, 667.33 feet to the point of beginning. ARTICLE IV The Association Section 1. Organization. The Grantor shall cause the Association to be organized and formed as a non-profit corporation under the laws of the State of Arkansas. Section 2. Purpose. The purpose of the Association shall in general be to provide for and promote the health, safety and welfare of the Members, to collect the annual maintenance charges and special assessments and to administer the Maintenance Fund, to provide for the maintenance, repair, preservation, upkeep, and protection of the Common Properties, and such other purposes as are stated in the Articles of Incorporation consistent with the provisions of this Amended Bill of Assurance. Section 3. Trustees. The Association shall act through a three (3) member Board of Trustees. The initial Trustees of the Association shall be selected by Grantor. Each initial Trustee shall serve for an initial term of three (3) years and thereafter until his successor is duly elected and qualified. After the expiration of the term of 3 The Association Section 3 (cont.) the initial Trustees, the Members shall elect a Board of Trustees as provided for in the bylaws. Any vacancy from whatever cause occurring in the Board of Trustees during the initial three (3) year term shall be filled by the remaining Trustee or Trustees. The person appointed by the remaining Trustee or Trustees to fill such vacancy shall serve for the remainder of the initial three (3) year term and until his successor is duly elected and qualified. The Trustees shall manage the affairs of the Association. Section 4. Members. Each Owner, whether one or more persons or entities, of a Lot which is subject to the annual maintenance charge or assessment as provided for in this Amended Bill of Assurance shall, upon and by virtue of becoming such Owner, automatically become a Member of the Association and shall remain a Member thereof until his ownership ceases for any reason, at which time his membership in the Association shall automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the legal ownership of each Lot and may not be separated from such ownership. Whenever the legal ownership of any Lot passes from one person to another, by whatever means, it shall not be necessary that any instrument provide for transfer of membership in the Association, and no certificate of membership will be issued. Section S. Voting Rights. The Association shall have two classes of voting membership: Class A. Class A Members shall be all those owners as defined in Section 4 with the exception of the Grantor. Class A Members shall be entitled to one vote for each Lot in which they hold the interests required for membership by Section 4. When more than one person holds such interest or interests in any Lot all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Grantor. The Class B Member shall be entitled to ten votes for each Lot in which it holds the interests required by Section 4 provided that the Class B membership shall cease and become converted to Class A membership on the happening of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) on January 10, 2010. From and after the happening of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to one vote for each Lot in which it holds the interests required for membership under Section 4. Section 5. Title to -Common Properties. The Association shall hold title to the Common Properties for the benefit of the Members. The Grantor shall convey the Common Properties to the Association, free and clear of liens, but subject to the use, rights and easements of the Members and all other easements and covenants affecting the Common Properties as set out or referred to in this Amended Bill of Assurance, prior to the time that any Lot is conveyed to an Owner. ARTICLE V Property Rights in the Common Properties and Common Facilities Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3 of this Article V, every Member shall have a common right and easement of enjoyment in and to the Common Properties and Common Facilities and such right and easement shall be appurtenant to and shall pass with the title to every Lot. Section 2. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Association to make, publish and enforce reasonable rules and regulations governing the use and enjoyment of the Common Properties and Facilities or any part thereof, all of which reasonable rules and regulations shall be binding upon, complied with and observed by each Member. These rules and regulations may include provisions to govern and control the use of the Common Properties and Facilities by guests or invitees of the Members, including without limitation, the number of guests or invitees who may use the Common Properties and Facilities or any part thereof at the same time; and (b) the right of the Association to grant or dedicate easements in, on, under or above the Common Properties or any part thereof to any public or governmental agency or authority or to any utility company for any service to the Properties or any part thereof; and (c) the right of the Association to transfer title to any storm sewer line, sanitary sewer line, water line, or any other utility facility or equipment situated in any part of the Common Properties and owned by the Association to 4 Property Rights in the Common Properties and Common Facilities (c) ( coot. ) any public or political authority or agency or to any utility company rendering or to render service to the Properties or any part thereof; and (d) the right of the Association to dedicate as public streets the private streets in the Common Properties, which a provided herein are now available for purposes of access to the Properties by the public; and (e) the right of the Association to suspend the voting rights of a Member and his right to use any recreational Common Facility of the Common Properties during the period he is in default in excess of thirty (30) days in the payment of any maintenance charge assessment against his Lot; and to suspend such rights for a period not to exceed sixty (60) days for any infractions of its published rules and regulations. The aforesaid rights of the Association shall not be exclusive but shall be cumulative of any in addition to all other rights and remedies which the Association may have in this Amended Bill of Assurance or in its Bylaws or at law or in equity on account of any such default or infraction; and (f) the rights and easements existing or hereafter created in favor of others as provided for in Article II hereof. Section 3. Delegation of Use. Any Member may delegate his right of use and enjoyment of the Common Properties and Facilities to the members of his family, his tenants, or contract purchasers who reside on his Lot. ARTICLE VI The Maintenance Fund Section 1. The Maintenance Fund. All funds collected by the Association from the regular annual maintenance charges and from special assessments as provided for in this Article shall constitute and be known as the "Maintenance Fund". The Maintenance Fund shall be held, used and expended by the Association for the common benefit of all Members for the following purposes, to -wit: to promote the health, safety, recreation and welfare of the Members, to pay the expenses for the common services rendered for the common benefit of the Members; to pay the expenses for water, gas, electricity, telephone, storm sewer service, sanitary sewer service and all other utilities or services furnished to the Common Properties or any of the improvements thereon, or any part thereof; to pay the expenses for the perpetual care, maintenance and repair of the Private Streets and Alleys; to pay the expenses for the maintenance, repair, care, upkeep, beautification, protection, taxes, insurance, replacement reconstruction, management, supervision and operation of or for the Common Properties and the improvements thereon, or any part thereof; to pay for capital improvements to the Common Properties; to pay the expenses of administration and management of the Association; to pay salaries or employees of the Association; to pay al taxes and other public dues or charges which the Association shall be required to pay; and to pay all other charges, costs or expenses lawfully incurred by the Association; all of which charges, costs, taxes and expenses to be incurred or paid by the Association are sometimes referred to in this Amended Bill of Assurance as the "common expenses" or the "Common expenses of the Members". The Association may in its sole discretion give one or more of the aforesaid purposes, preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by the Association in good faith shall be binding and conclusive on all Members. Section 2. Covenant for Assessments for each and every Lot (except Lots owned by Grantor or builders as provided for in the following Section) is hereby severally subjected to and impressed with the following charges and assessments which shall run with the land and shall be in the same and equal amounts for each Lot regardless. of its size, value or cost, to -wit: (i) A regular annual maintenance charge or assessment in the amount of $ 2,400.00 per annum per Lot, subject to increase or decrease and payable as provided in Section 4, below; and, (ii) Special assessments as provided for in Section 5, below. Each owner of a Lot subject to assessment as above provided, by his claim or assertion of ownership or by accepting a deed to any such Lot, whether or not it shall be so expressed in such deed, is hereby conclusively deemed to covenant and agree, as a covenant running with the land, to pay to the Association, its successors or assigns, each and all of the charges and assessments against his Lot as the same shall become due and payable, without demand. The charges and assessments herein provided for shall be a charge and a continuing lien upon each Lot, together with all improvements thereon, as hereinafter more particularly stated. Each assessment, together with interest, costs and reasonable attorneys fees shall also be the personal obligation of the person who was the owner of the Lot at the time the obligation to pay such assessment accrued, but no Member shall be The Maintenance Fund; Section 2 ( Cont. ) personally liable for the payment of any assessment made or becoming due and payable after his ownership ceases. No Member shall be exempt or excused from paying any regular or special assessment by waiver of the use or enjoyment of the Common Properties or Facilities or any part thereof or by abandonment of his Lot or his interest therein. Section 3. Lots Owned by Grantor or Builders. No Lot owned by Grantor or a builder shall be subject to any regular maintenance charge or special assessment while it is owned by Grantor or a builder unless it is the Grantor's designated model homes; or unless and until a Courtyard home has been built thereon and six (6) months have elapsed since the substantial completion of such Courtyard home, or the house has been permitted to be occupied, whichever occurs first. It shall be the duty of each builder to notify the Association at the time a Courtyard home has been substantially completed or permitted to be occupied. The term "substantial completions" as used herein shall mean that the Courtyard home is ready for sale or occupancy, except for minor items which must be furnished, completed, corrected or adjusted. It shall also be the duty of each builder to notify the Association at the time a Lot is sold. The term "builders" for the purposes of this Amended Bill of Assurance is defined as any person, firm, corporation or other entity who is engaged in the business of building houses for sale or rental purposes, and not for his or its personal use or occupancy. Whenever a Lot owned by Grantor or a builder becomes subject to assessment as provided for in this Section, such Lot shall then be treated and assessed as any other Lot which is subject to assessment. Section 4, i. The Annual Maintenance Charge. The regular annual maintenance charges or assessments shall be due and payable to the Association annually, in advance, and without demand, on the first day of January of each calendar year; provided however, that on the date of the purchase of his Lot (as evidenced by the date of his deed or his occupancy, whichever is earlier) each Member shall pay to the Association a pro rata part of the regular annual maintenance charge, which shall bear the same ratio to the full annual amount as the number of days remaining in the year of purchase bears to 365 days. Section 4, ii. The Board of Trustees or the Association may decrease or increase the amount of the regular annual maintenance charge or assessment at any time and from time to time by the adoption of a resolution for such purpose, but no resolution increasing the annual maintenance charge assessment shall become effective prior to the expiration of ninety (90) days from date of its adoption, and the Owner of each Lot subject to such assessment shall, within thirty (30) days from such effective date, pay to the Association the proportionate part of such increase for the balance of the year in which such resolution is adopted; provided, however, that no resolution of the Board of Trustees which fixes the amount of the regular annual maintenance charge or assessment in excess of $2,400.00 per year or in excess of the annual maintenance charge or assessment last ratified by the Members of the Association in accordance with the provisions of this paragraph, whichever is greater, shall become effective until and until such resolution is ratified either (i) by the written consent of the Member of the Association who in the aggregate then own at least 51% of the Lots which are then subject to the annual maintenance charge or assessment, if no meeting of the membership is held for ratification, or (ii) by the consent of 51% of the votes of the Members of the Association who are present and voting in person or by proxy at a special meeting of the membership of the Association called for this purpose and at which a quorum is present. The written consent or the vote of the Members must be given prior to the effective date of the resolution of the Board of Trustees. No increase in the annual maintenance charge or assessment shall take effect retroactively. If any resolution of the Board of Trustees which requires ratification by the consent of the Members of the Association as above provided shall fail to receive such consent, then the amount of the regular annual maintenance charge or assessment last in effect shall continue in effect until duly changed in accordance with the above provisions. The Board of Trustees may decrease the amount of the annual maintenance charge or assessment without ratification by or consent of the Members of the Association. Section 5. Special Assessments. The Board of Trustees of the Association may from time to time by the adoption of a resolution for such purpose, subject to ratification by the Members of the Association as hereinafter provided, levy and impose a special assessment against each Lot which is subject to the annual maintenance charge, for a specific in an equal amount for each such Lot, for the purpose of purchasing equipment or facilities for the Common Properties and/or for defraying whole or in part the cost of constructing new capital improvements or altering, remodeling, restoring or reconstructing previously existing capital improvements upon the Common Properties, including fixtures and personal property related thereto; provided, however, that before any such resolution shall become effective it shall be ratified either (i) by the consent in writing of the Members of the Association who in the aggregate then own at least 75% of the Lots which are then subject to assessment if no meeting of the membership is held for ratification, or (ii) by the consent of 75 % of the votes of the Members of the Association who are present and voting in person or by proxy at a 6 The Maintenance Fund; Section 5 ( cont. ) special meeting of the membership called for this purpose and at which a quorum is present. The Owner of each Lot subject to such assessment shall pay his special assessment to the Association at such time or times and in such manner as provided for in such resolution. Section 6. Liens to Secure Assessments. The regular annual maintenance charges or assessments, and the special assessments, as hereinabove provided for, shall each constitute and be secured by a separate and valid and subsisting lien, hereby created and fixed, and which shall exist upon and against each Lot and all improvements thereon, for the benefit of the Association and all Members, which such liens shall be prior and superior to all other liens, except that the same shall be subordinate and inferior to (a) all liens for taxes or special assessments, levied by the City, County and State Governments or any political subdivision or special district thereof, and (b) all liens securing amounts due or to become due under any mortgage, vendor's lien or deed or trust filed for record prior to the date payment of any such charges or assessments become due and payable, and (c) all liens, including but not limited to vendor's liens, deeds of trust and other security instruments which secure any loan made by any lender to an Owner for any part of the purchase price of any Lot when the same is purchased from a builder or for any part of the cost of constructing, repairing, adding to or remodeling the Courtyard home situated on the Lot. Any foreclosure of any such prior or superior lien under the power of sale of an mortgage, deed of trust or other security instrument, or through court proceedings in which the Association has been made a party, shall cut off and extinguish the liens securing charges or assessments which became due and payable prior to such foreclosure date, but no such foreclosure shall free any Lot from the liens securing assessments thereafter becoming due and payable, nor shall the liability of any Member personally obligated to pay maintenance charges or assessments which became due prior to such foreclosure, be extinguished by any foreclosure. Section 7. Effect of Non -Payment of Assessment. If any regular annual charge or assessment, or if any special assessment, is not paid within thirty (30) days from the due date thereof, the same shall bear interest from the due date until paid at the highest interest rate allowed under the laws of the State of Arkansas, and if placed in the hands of an attorney for collection, or if suit is brought thereon, or if collected through probate or other judicial proceedings, there shall be paid to the Association an additional reasonable amount, but not less than 10% of the amount owing, as attorney's fees. The Association as a common expense of all Members, may institute and maintain an action at law or in equity against any defaulting Member to enforce collection and/or for foreclosure of the liens against his Lot. All such actions may be instituted and brought in the name of the Association and may be maintained and prosecuted by the Association in a like manner as an action to foreclose the lien of a mortgage or deed of trust on real property. Section 8. Collection and Enforcement. Each Member, by his assertion of title or claim of ownership or by his acceptance of a deed to a Lot, whether or not it shall be so recited in such deed, shall be conclusively deemed to have expressly vested in the Association, and in its officers and agents, the right, power and authority to take all action which the Association shall deem proper for the collection of assessments, regular or special, and/or for the enforcement and foreclosure of the liens securing the same. ARTICLE VII Architectural Control The property comprising Hunter's Green is part of a greater community development commonly known as "Hunter's Green". The overall plan for the development of the several areas or elements which make up and are collectively commonly known as "Hunter's Green" contemplates centralization of architectural control to enhance, insure and protect the attractiveness, beauty and desirability of the area as a whole, while at the same time permitting compatible distinctiveness of the individual homes within the greater area. For this purpose the "Hunter's Green Architectural Review Board" (the "Review Board") has been established. The Review Board shall consist of the Grantor or it's assigns for as long as it owns Lots or for a period of five years from the date of recording of this Amended Bill of Assurance. It is accordingly covenanted and agreed that all construction and development in the Properties shall be subjected to the approval of the Review Board, and that no building, structure or other improvements, including but not limited to Courtyard homes, exterior painting, and facilities of the Common Properties, shall be commenced, erected, constructed or placed upon the Properties and no changes or alterations shall be made to any building or improvements hereafter constructed or placed thereon, unless and until the plans and specifications therefore (specifying in such form as the Review Board may reasonably require structural, mechanical, electrical and plumbing detail and the nature, kind, shape, height, exterior color scheme, materials and location of the proposed improvements or alterations thereto, together with site landscaping and grading plans, and plans for 7 Architectural Control ( cont.) off street parking of vehicles) have been first submitted to and approved in writing by the Review Board as to minimum structural and mechanical standards, type and quality of materials, harmony of exterior design and colors with existing structures, and location and situation on the Lot with respect to topography, finished ground elevation, property and building lines, easements, walks and parkin; spaces. Any and all plans and specifications which have not been expressly disapproved within thirty (30) days after date of submission shall for all purposes be deemed to have been approved. There are no variances concerning the following: 1) there shall be no second story windows facing East on homes abutting the East property line. 2) There shall be no lights on the tennis court, The Review Board shall have full power and authority to reject any plans and specifications that do not comply with the restrictions herein imposed or meet its minimum construction requirements or architectural design requirements or that might not be compatible, in the sole discretion of the Review Board, with the design or overall character and esthetics of the Properties and/or "Hunter's Green". In the event the Review Board shall cease to function as such at any time with respect to the Properties, or if it shall be dissolved, then the duties, powers and authority of the Review Board insofar as construction in or development of the Properties is concerned shall become vested in and exercised by an Architectural Control Committee to be composed of the Trustees of the Association or such person or persons as the Trustees may appoint and designate to act for them in this regard. ARTICLE VIII Utilities Section 1. Electric Service. An underground electric distribution system will be installed within the Properties and the Properties will be designated an Underground Residential Subdivision, which underground service area shall embrace all Lots in the Properties. The Owner of each Lot in the Underground Residential Subdivision shall, at his own cost furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of the electric company's metering on the customer's structure to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition the Owner of each Lot shall, at -his own cost, furnish, install own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing service) for the Iocation and installation of the meter of such electric company for the Courtyard home constructed on such Owner's Lot. For as long as underground service is maintained in the Underground Residential Subdivision the electric service to each Lot therein shall be underground, uniform in character and a minimum quality of the type known as single phase 120/240 volt, three (3) wire, sixty (60) cycle alternating current. Section 2. Water Service. Water service to the Properties shall be provided by the City of Little Rock, Arkansas, by way of water mains to be owned, operated, maintained and repaired by the City, and to the individual Lots and the Common Properties by way of distribution lines to be owned, operated, maintained and repaired by the Association between the point of connection to the city water mains and the points where the pipe penetrates the property line of each Lot. It shall be the responsibility of each Owner to maintain and repair the portion of the water line situated on his Lot. Section 3. Sanitary Sewer Service. Sanitary sewer service shall be provided to each Lot and to the Common Properties by means of sanitary sewer collection lines within the Properties to be owned, operated, maintained and repaired by the Association, and which shall connect to the main sanitary sewer lines of the City of Little Rock, Arkansas. It shall be the responsibility of each Owner to maintain and repair the portion of the sanitary sewer line which is situated on his Lot. Section 4. Natural Gas Service. Natural gas service shall be provided to each Lot and the Common Properties by a natural gas company through gas lines in utility easements to be owned, operated, maintained and repaired by such company. The Association shall have the power and authority to grant such other easements in, under, upon and over the Common Properties as the gas company may require to furnish gas service. The Association shall have no responsibility for maintenance of any gas lines. Section S. Telephone Service. Telephone service shall be available to each Lot and the Common Properties by way of underground cables which shall be installed, owned and maintained by the telephone company. The 0 Utilities Section 5.( cont.) Association shall be authorized and empowered to grant such specific easements, in, under, on or above the Common Properties to any telephone provider as may require to furnish such service. Section 6. Storm Sewers. Storm sewers in the Common Properties for the drainage of surface waters shall be owned, operated, maintained and repaired by the Association. ARTICLE IX Utility Bills. Taxes and Insurance Section 1. Obligation of the Owners. (a) Each Owner shall have his separate electric and gas meter and shall directly pay at his own cost and expense for all electricity, gas, telephone service, water and other utilities used or consumed by him on his Lot. (b) Each Owner shall directly render for taxation his own Lot and improvements thereon, and shall at his own cost and expense directly pay all taxes levied or assessed against or upon his Lot and his improvements and property thereon. (c) Each Homeowner shall be responsible at his own cost and expense for his own property insurance on the Courtyard home and contents thereof, and his additions and improvements thereto, including decoration, furnishings and personal property therein; and also for his personal liability not covered by liability insurance for all Owners which may be obtained by the Association as part of the common expense in connection with the Common Properties. Section 2. Obligation of the Association. (a) The Association shall pay as a common expense of all Owners for all water, gas, electricity and other utilities used in connection with the enjoyment and operation of the Common Properties and Common Facilities, or any part thereof. (b) The Association shall render for taxation and, as part of the common expenses of all Owners, shall pay all taxes levied or assessed against or upon the Common Properties and the improvements and the property appertaining thereto. (c) The Association shall have authority to obtain and continue in effect as a common expense of all Owners, a blanket property insurance policy or policies to insure the buildings and structures in the Common Properties and the contents thereof and the Association against risks of loss or damage by fire and other hazards as are covered under standard extended coverage provisions, in such limits as the; Association deems proper, and said insurance may include coverage against vandalism and such other coverage as the Association may deem desirable. The Association shall also have authority to obtain comprehensive public liability insurance in such limits as it shall deem desirable, insuring the Association, its Board of Trustees, agents and employees and each Owner from and against liability in connection with the Common Properties. (d) All costs, charges and premiums for all utility bills, taxes and any insurance to be paid by the Association as hereinabove provided shall be paid out of the Maintenance Fund as a common expense of all Owners and shall be a part of the maintenance assessment. ARTICLE X Maintenance and Repairs Section 1. By the Owners. It shall be the duty, responsibility and obligation of each Owner at his own cost and expense to care for, maintain and repair the exterior and interior of his Courtyard home and improvements on his Lot and the fixtures, appliances, equipment and other appurtenances thereto, and also the private driveway and any sidewalks on the Common Properties which are appurtenant to this Courtyard home. The Association shall have no duty or obligation to any Owner in this regard. Each owner has a three foot ( Y-0" ) maintenance easement on the zero lot line side that the adjoining owner may not permanently obstruct or cover. Section 2. By the Association. The Association, as a common expense of all Owners, shall perpetually care for, maintain and keep in good repair the Common Properties and Common Facilities and all parts thereof, including but not limited to, the Private Streets and Alleys, landscaping, lawns, parking areas, buildings and other improvements and the utility facilities owned by the Association, except that is shall be the obligation of each Owner, and not the obligation of the Association, to pay for the cost of repair and maintenance of the private driveway and any sidewalks on the Common Properties which are appurtenant to his Courtyard home. 9 ARTICLE XI Building and Use Restrictions Section 1. Residence Buildings, Clubhouse and Garages. No building or other structure shall be built, placed, constructed, reconstructed or altered on any Lot other than single-family residence houses and the club house, shall exceed two (2) stories in height, or contain less than sixteen hundred and eighty (1680) square feet of living area exclusive of open or screened porches, terraces, patios, driveways and garages. Each Courtyard home shall have a garage on the Lot accommodating at least two (2) cars. No such garage shall ever be changed, altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging of automobiles. All Owners, their families, tenants and contract purchasers shall be to the greatest extent practicable utilize such garages for the garaging of vehicles belonging to them and shall not park such vehicles on the Private Streets and Alleys, or in the guest parking space. Section 2. Width and Depth of Lots. Building Lines. Each Lot shall have a width of at least forty three (43) feet measured perpendicularly between side lines, and no Courtyard Home shall be erected or constructed on any Lot having a width less than forty three (43) feet measured as aforesaid, unless such Lot is a triangular comer Lot where the width may vary but each such Lot will have a buildable footprint large enough to construct a 1680 square foot all brick courtyard home with a two car garage on one level. No Courtyard home shall be built, constructed, reconstructed, or altered on any Lot nearer than 12' - 6' (12.5 feet ) to the front Lot line, if the Lot is on Hunter's Green Circle. For the purposes thereof, the front Lot line of each Lot shall coincide with and be the Lot line having the shortest dimension. A covered porch or patio may extend up to seven ( 7'-0" ) from the building line. In no case shall the covered area be closer than 3'-0"from any property line. Section 3. Finished Slab Elevation. The finished slab elevation of each Courtyard home shall be at or above eight inches (8") above level ground. Architectural drawings or renderings showing the relationship of slab elevation to natural ground shall be submitted to the Review Board for written approval prior to commencement of construction. Section 4. By the Association. The Association, as a common expense of all Owners, shall perpetually care for, maintain and keep in good repair the Common Properties and Common Facilities and all parts thereof, including but not limited to, the Private Streets and Alleys, landscaping, lawns, parking areas, buildings and other improvements and the utility facilities owned by the Association, except that is shall be the obligation of each Owner, and not the obligation of the Association, to pay for the cost of repair and maintenance of the private driveway and any sidewalks on the Common Properties which are appurtenant to his Courtyard home. (a) Notwithstanding any other provisions of this Section, an Owner who by his negligence or willful act causes a wall of the adjacent property to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements, as well as all the repair costs to bring the property back to the adjacent home's condition before the occurrence. Each homeowner shall have a three foot (3'-0" ) maintenance easement adjoining his zero lot line wall for the maintenance of the property. No covered patios or porches are allowed closer than this three feet ( 3'-0" ). (b) The right of any Owner to contribution from any adjoining Owner under this Section shall be appurtenant to the land and shall pass to such Owners successors in title. (c) In the event any dispute arises concerning a common wall, or under the provisions of this Section, the same shall be resolved and settled through the process of arbitration. Each party to the dispute shall choose a third arbitrator, and the decision of a majority of the arbitrators shall resolve and settle the dispute and shall be binding upon all parties to the arbitration. Should any party refuse to choose an arbitrator within ten (10) days after written request therefore, the Association's Board of Trustees shall select an arbitrator for the refusing party. Section 6. Materials. Materials shall be of good and sufficient quality and consistent with standards generally accepted by the residential construction industry for the construction of better homes in this area. The exteriors of all homes shall be brick or stone, there shall be no wood or stucco siding allowed. Before commencement of constriction the exteriors finish materials shall be approved in writing by the Review Board for compatibility with other Courtyard homes constructed or to be constructed in the Properties. Section 7. Residential Use. Each Lot (including land and improvements) shall be used and occupied for single-family residence purposes only, except for the clubhouse. No Owner or other occupant shall use or occupy his Lot, or permit the same or any part thereof to be used or occupied for any purpose other than as a private single-family residence for the Owner or his tenant and their families. No Lot shall be used or occupied solely for any business, commercial, trade or professional purpose either apart from or in connection with the use thereof as a residence, whether for profit or not, except if it is such a business as may be done over phones and fax lines without suppliers and customers requiring ingress and egress. 10 Building and Use Restrictions ( cont.) Section 8. Temporary and Other Structures. No structure of a temporary character, trailer, mobile home, modular home, tent, shack, barn or any other structure or building, other than the Courtyard home residence to be built thereon, shall be placed on any Lot either temporarily or permanently, and no residence house shall be moved upon any Lot from another location; except, however, that during the construction and sales period of the Courtyard homes, a builder may, upon obtaining permission by the Review Board, erect and maintain such temporary structures on any Lot as is customary in connection with the construction and sale of houses, including, without limitation, a temporary office building, storage area, signs and sales office. A builder shall also have the temporary right to use a Courtyard home as a temporary office or model home during the period of and in connection with his construction and sales operations in the Properties, but in no event for more than a period of one (1) year from the date of substantial completion of his last Courtyard home in the Properties. A permanent clubhouse and pool building shall be allowed to be built on lot number fifty six (56). Section 9. Private Driveways and Sidewalks. At the time a Courtyard home is constructed, the builder shall also construct, at no cost or expense to the Association, a driveway of sufficient width to accommodate at least two (2) cars to serve such Courtyard home. The driveway shall extend from the dwelling across the Common Properties to the Private Street. All driveways shall have a concrete finish. If the plans and specifications provide for and the Review Board approves any sidewalk, the same shall also be constructed, at no cost or expense to the Association, at the time the Courtyard home is constructed, and all such sidewalks shall also have a concrete finish. Such driveway, and any such sidewalks, shall be repaired and maintained at the sole cost and expense of the Owner of the Courtyard home to which such driveway and any such sidewalk are appurtein ant. An easement over and across the Common Properties is hereby created and established for the use, construction, repair and maintenance of such driveway and any such sidewalks. Section 10. Antennas. No outside TV -FM antennas shall be allowed. All dish antennas must be attached to the Courtyard home and be erected so as to allow no view from the street side, or courtyard side of the Courtyard home, or from any other courtyard home or common area. Short wave and/or other radio antennas shall not be installed or constructed within the Properties. Section 11. Fences. All fences, prior to installation, must be approved by the Review Board. Section 12. Particular Landscaping. At the time a Courtyard home is constructed, the builder shall, at no cost or expense to the Association, also landscape the open area between the dwelling and the adjacent Private Street, exclusive of driveway and sidewalk surfaces. This landscaping shall conform to the overall landscape scheme for the Properties, and upon completion of such landscaping it shall thereafter be cared for and maintained as a common expense by the Association. The Association is hereby granted an easement for the purpose of caring for and maintaining the portion of such landscaped area within any Lot between the Courtyard home and the Common Properties on the street side of each Lot. All Iandscaping done between a privacy fence (i.e. a fence on the street side of a courtyard home) and the courtyard: home shall be cared for by the homeowner. This care shall be done in such a manner that it will in no way lower the property values of the other Courtyard homes in Hunter's Green. Section 13. Nuisances. No noxious or offensive activity shall be carried on or permitted upon any Lot or upon the Common Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or to other Owners. The Board at shall have the right to fine the homeowner's who continually and without regard for their neighbors continue such acts. No repair work, dismantling or assembling of motor vehicles or other machinery or equipment shall be done or permitted on any street, driveway or other portion of the Common Properties. Section 14. Signs. No sign of any kind shall be displayed to the public view on any Lot or the Common Properties except as follows: (a) Builders may display one (1) sign of not more than six (6) square feet on a Lot to advertise the Lot and Courtyard home for sale during the construction and/or sales period. (b) For so long as Hunter's Green Development Co., LLC shall own any Lot in the Properties, no sign of any kind may be displaced or suffered to be displayed to public view on any Lot by any Owner unless and until the size, shape and subject matter thereof shall have been approved in writing by the said Hunter's Green Development Co., LLC, which shall have the sole discretion to approve or disapprove the display of any such sign. At such time as Hunter's Green Development Co., LLC shall no longer own any Lot in the Properties, the Board of Trustees of the Association thereupon shall succeed to the right to approve or disapprove, in its sole 11 Building and Use Restrictions, Section 14. ( coot.) discretion, the display of any such sign. The Association shall have the right to remove any sign, billboard or other advertising structure or device which is placed on any Lot in violation of this Section and to recover all costs of such removal from the responsible party. The Association shall not be subject to any liability or claim for trespass or other tort in connection with or arising from such removal. Section 15. Animals. No animals, livestock or poultry of any kind shall be raised, bred -or kept on any Lot or on any portion of the Common Properties, except that dogs, cats or other common household pets (not to exceed three (3) adult animals) may be kept, but they shall not be bred or kept for commercial purposes. Section 16. Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot or from any portion of the Common Properties is prohibited, except as necessary, in conjunction with Iandscaping or construction or improvements thereon. Section 17. Garbage and Refuse Disposal. All Lots and the Common Properties shall at all times be kept in a healthful, sanitary and attractive condition. No Lot or any part of the Common Properties shall be used or maintained as a dumping grounds for garbage, trash, rubbish or other waste matter. All trash, garbage or waste matter shall be kept in adequate containers with tightly fitting lids, which shall be maintained in a clean and sanitary condition and screened from public view. There is hereby reserved in favor of the Association the determination of the method of garbage disposal, that is whether it shall be through public authority or through private garbage disposal service. No garbage, trash, rubbish, debris or other waste matter of any kind shall be burned on any Lot. Section 18. Parking Areas. The portions of the Common Properties designated for parking of vehicles are for the temporary use of Owners and their guests, visitors and invitees. No boat, trailer, camper, motor home or mobile home shall be parked on any such parking area or other portion of the Common Properties. Section 19. Use of Common Properties. The Common Properties are for the common use, benefit and enjoyment of the Owners, subject to the various utility easements affecting the same and to such reasonable rules and regulations as may be promulgated by, and the rights herein granted to, the Association. There shall be no obstruction of any part of the Common Properties which are intended to remain unobstructed for the reasonable use and enjoyment thereof, nor shall anything be done or kept on the Common Properties which would increase the rates or result in the cancellation of any insurance relating to the Common Properties or any part thereof. No Owner shall appropriate any part of the Common Properties to his exclusive use, except for the required and/or approved driveways or sidewalks thereon which are appurtenant to his Courtyard home, nor shall any Owner do anything which would violate the easements, rights and privileges of any Owner in regard to any portion of the Common Properties which is intended for the common use and benefit of all Owners. Except as may be herein required or permitted, no Member shall plant, place, fix, install or construction any vegetation, hedge, tree, shrub, fence, wall, structure or improvement or store any of his personal property on the Common Properties or any part thereof without the written consent of the Association first obtained. The Association shall have the right to remove anything placed on the Common Properties in violation of the provisions of this Section and to recover the cost of such removal from the Owner responsible. Each Owner shall faithfully observe and comply with all. reasonable rules and regulations promulgated by the Association regarding the Common Properties and shall be deemed to acknowledge and agree that all rules and regulations promulgated by the Association in respect to the Common Properties are for the mutual and common benefit of all Owners and necessary for their protection. Section 20. Clothes Drying. Open air drying of clothes shall be confined to individual patios on the Owner's or resident's Lot and must be kept screened by adequate planting or fencing so as not to be visible from adjoining Lots or other portions of the Properties. Section 21. Combining Lots or Portions of Lots. Any person owning two or more adjoining Lots, or portions of two or more such Lots, may with the prior approval of the Review Board consolidate such Lots or portions thereof into a single building location for the purpose of constructing one (1) Courtyard home (the plans and specifications therefore being approved as hereinabove set forth) and such other improvements as are permitted herein, provided, however, that such building location shall satisfy the minimum Lot size requirements set forth herein. Section 22. Storage. Garbage cans or containers, recreational equipment, boxes, cartons, tools, and like equipment may be stored in covered areas or garages, provided that the same are screened from public view in a manner acceptable to the Association and the Review Board. 12 ARTICLE XII General Provisions Section 1. Duration. The rights, use easements and privileges of the Owners and all other easements in or to the Common Properties and all other terms, covenants, conditions and provisions of this Amended Bill of Assurance shall be deemed to be covenants running with the land and shall be of perpetual duration. The provisions for Architectural Control set out in Article VIII, above and the Building and Use Restrictions set out in Article XII, above (excepting Section 19 which shall be of perpetual duration), and the provisions for the Maintenance Charge Assessments set out in Article VI above (other than in respect to the maintenance and repair of the Private Streets and Alleys in which respect and for which purpose the maintenance charge shall be of perpetual duration), shall run with the land and be in effect for an initial term of thirty-five (35) years from the date this Amended Bill of Assurance is filed for record, after which time they shall be automatically extended for successive periods of ten (10) years each unless within five (5) years prior to the expiration of the initial or any extended term the same are amended, changed or terminated in whole or in part by a written agreement signed, acknowledged and filed for record by the then Owners of at least 75% of the Lots in the Properties, in which case such agreement shall take effect upon the expiration of the term then in effect. Section 2. Enforcement. The Association, as a common expense to be paid out of the Maintenance Fund, or any Owner at his own expense, shall have the right to enforce by proceedings at law or in equity all restrictions, covenants, conditions, reservations, liens, charges and assessments, and all other provisions set out in this Amended Bill of Assurance. Failure of the Association or of any Owner to take any action upon any breach or default of or in respect to any of the foregoing shall not be deemed a waiver of their right to take enforcement action upon any subsequent breach or default. Section 3. Amendments by Grantor. The Grantor shall have and reserves the right at any time and from time to time, without the joinder or consent of any Owner or other person, to amend this Amended Bill of Assurance by any instrument in writing duly signed, acknowledged and filed for record, for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing in this Amended Bill of Assurance, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Amended Bill of Assurance and shall not impair or affect the vested property or other rights of any_Owner or his mortgagee. Section 4. Interpretation. If this Amended Bill of Assurance or any word, clause, sentence, paragraph or other part thereof shall be susceptible of more than one or conflicting interpretations, then the interpretation which is most nearly in accord with the general purposes and objectives of this Grantor shall govern. Section 5. Omissions. If any punctuations, word, clause, sentence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provisions appearing in this Amended Bill of Assurance shall be omitted here from then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provisions shall be supplied by inference. Section 6. Gender and Grammar. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, male or female, shall in all cases be assumed as though in each case fully expressed. Section 7. Severability. Invalidation of any one or more of the covenant, restrictions, conditions or provisions contained in this Amended Bill of Assurance, or any part thereof, shall in wise affect any of the other covenants, restrictions, conditions or provisions which shall remain in full force and effect. Section S. Governing law. This Amended Bill of Assurance shall be governed by and construed under the laws of the State of Arkansas. 13 ARTICLE XIII Grantor IN WITNESS WHEREOF, the undersigneq, being the Grantor herein, have executed this Amended BiII of Assurance to be effective the 1dth day of r Q p p 0 GRANTOR: HUNTER'S GREEN DEVELOPMENT COMPANY, LLC an Arkansas Limited Liability Company BY: Development & Construction Management Incorporated Manager of un er' Green Development Co.,LLC By: Title: In wi toss wherea I hereunto set my hand and seal) on this .� day of p v .72 ( Official Title ) My commission expires: ( SEAL ) �L. f_ ":_*1_1 s Jones � c Not3I j 1"' IM—c-, State ofpzk, gSuS y ! Fs€� o=arzty ; Ivly ccrt .7dasic:1 i~xPses 01/15/OS �tt rrrfr� vrrrr��frrrrrrrrrrrrrrirrr�) 14 Doc# 2000003114 Second Amended Bill of Assurance This second amended Bill of Assurance and replat of Hunter's Green Estates is for the sole purpose of changing the size of lots formerly known as number 52R an 53R. The lots to be reconfigured, now to be designated 52A and 53A, Hunter's Green Estates as per the accompanying replat showing lots 52A and 53A. No other portion of the subdivision shall be changed in any way. Donald H. April 17 ("Owners") 1:. EQ VS mr-cc�r_ ce a E Ewi'it n `;a�, E �--� �cc C? GRANTOR: Glowen or Lusena J. 1997; Donald H. By: Glowen Revokable Trust dated //Gl wen, Lusena J. Glowen By: 91 Hunter's Green Circle Little Rock, Arkansas 72211 GRANTOR: HUNTER'S GREEN DEVELOPMENT COMPANY, LLC an Arkansas Limited Liability Company BY: Development & Construction Management Incorporated Manager of Hunter's Green Development Co.,LLC By:_�ly� Title: In w mess whereof, I hereunto .L �. day of . I My commission expire • — � 6 ( SEAL ) Sue A_e'iDns Jo -es ; s Notary Publ:c, ;State of Azkansas r Pulaski mot mty i My commission %xphw 01/15/05 )< rrrrrrrrrrrri�.rrrrrrrrrrrrrrrrrrr�� set my hand ( and seal ) on this , 2000 tee- ( Official Title ) 1