BUILDABLE ACREAGE IN THE PINES~BEND $279,000.

Build your dream home on a private 2.53 acre lot in the Sunset View Estates. Beautiful treed lot is surrounded by approximately 18 acres of common area for the exclusive use of the landowner which can be fenced for horses or llamas. Power is to the property line, water line partially installed and standard septic feasibility approved.

60201 SUNSET VIEW DR BEND, OR 97702$279,000.

SUNSET VIEW ESTATES ACREAGE Pam Mayo-Phillips, Principal Broker541-480-1513pam.mayo-phillips@sothebysrealty.comwww.desertvalleygroup.com

Brook Havens, Principal BrokerC: 541-604-0788brook.havens@sothebysrealty.comwww.cascadesothbysrealty.com

Cascade Sotheby’s International Realty650 SW Bond Street Suite 100 Bend, Oregon 97702

Property Features2.53 acre lot surrounded with Open Space

Tax Map 181229A001600 Avion Water Septic Feasiblity Approved Paved drive to property MLS 201510910

Sotheby’s International Realty and the Sotheby’s International Realty logo are registered (or unregistered) service marks used with permission. Sotheby’s International Realty Affiliates LLC fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Each Office Is Independently Owned And Operated. If your property is listed with a real estate broker, please disregard. It is not our intention to solicit the offerings of other real estate brokers. We are happy to work with them and cooperate fully.

January 9, 2004

Mr. Ken Doggett President, SVEHA 60301 Big Sky Trail Bend, OR 97702

Re: Transition of SVE

Dear Ken:

Please find enclosed the original recorded documents (attachment A, B, and C) per the ransition Committee's recommendations to the Board ofDirectOfS. These three documents

were recorded on Wednesday, January 7,2004 and returned to us this morning. Also enclosed please find the original copy of the Agreement between Bill Boody and the Board ofDirectors. (Please note a number ofBoard members have yet to sign this document.)

Stella and I delivered copies oftbe recorded documents to Bill Bundy this afternoon. I talked with him prior to making this delivery, but when we arrived, he didn't come to the door so I put them in his mailbox

Also enclosed is a copy of a cover letter that we included with the docwnents that we de1ivered to Bill Bundy. !fyou have not received his check for $12,000,1 would suggest that you encourage Bill to deliver this check to the HOA in the near future

I talked with Mark ofMike's Fencing this morning and indicated to him that I would like to inspect the repair work with him prior to the ROA making payment to his company. I hope that 1 will be able to meet with Mark and inspect this work on Monday, January U . As soon as I am satisfied that all work COlUlected with this project has been completed in a professional manner, I will contact you.

On behalf of the Transition Conunittee, I would like to thank you and the Board for your response to our recommendations which enabled the transition process to be successfully completed.

Sincerely,

John R Bladholm. Chainnan Transition Committee

Enclosures

Cc: Jim Boydston Pam Wise

---

SUPPLEMENTAL DECLARATIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS

SUNSET VIEW ESTATES PHASE m

By instrument dated April 27, 1990, and recorded May 1, 1990, in Book207 at Page 2682, Official Records ofDeschutes County, Oregon, Wll..LIAM BUNDY, established the Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates.

The Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates contemplated that developer would, at any time during the term of the Declaration, add all or a portion ofany land now or hereafter owned by Declarant to the Property which was covered by said Declaration.

Declarant now wishes to subject the area known as Sunset View Estates, Phase III to the Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates, to annex such Property to Sunset View Estates and to make provisions for the conditions upon which such Property may be used.

NOW, THEREFORE, Declarant does hereby declare and provide as follows :

SECTION 1. DEFINITIONS '

1.1 INCORPORATION BY REFERENCE: Each of the terms defined in Article 1 of the Declarations for Sunset View Estates shall have the meanings set forth in such Article 1.

1.2 The ''Property'' shall mean Sunset View Estates, Phase ill, as described in Exhibit"A" attached hereto.

1.3 Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates shall mean that certain document entitled "Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates" dated April 27, 1990, recorded May 1, 1990, in Book 207, Page 2682, Official Records ofDeschutes County, Oregon.

1.4 "Sunset View Estates, Phase IlI", shall mean the area described on Exhibit "A" attached hereto.

DESCHUTES COUNTVOFFICIAL RECORDS NANCV BLANKENSHIP, COUNTY CLERK

D-CCI ent.., St...s JEFF 01107/2004 02:32:23 pftPage 1 - Supplemental Declaration - Phase ill

".00 IU.OO 110.00 • .DO

SECTION 2. SUBJECTION OF SUNSET VIEW ESTATES, PHASE III, TO THE DECLARATIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS FOR SUNSET VIEW ESTATES.

2.1 ANNEXATION: Declarant hereby declares that Sunset View Estates, Phase ill, shall be part ofthat certain residential community known as Sunset View Estates as referred to the Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates.

2.2 DECLARATION OF RESTRICTIONS: The covenants and conditions set forth in Articles I through X, inclusive, of the Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates shall be applicable within the Property except as may be restricted in this instrument. The Property shall be held, conveyed, hypothecated, encumbered, used, occupied and improved only in accordance with the provisions made in this instrument and the Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates.

2.3 HORSESILLAMAS: No owner within Sunset View Estates Phase ill shall be allowed to use their Lot to keep or maintain horse or llamas. No other animals or livestock, except domesticated household pets, shall be permitted,

C'.C!/& /.'1-./} II Yf!tJ <!· 2.4 PETS: No animals, livestock, or poultry ofany kind shall be raised, bred,

or kept on the Properties, except dogs, cats, or other normal household pets may be kept in residences subject to ruJes and regulations adopted by the Association through its Board ofDirectors, provided that such pets are not kept, bred, or maintained for any commercial purpose. The Board shall have the absolute power to prohibit a pet from beiog kept on the Properties, including inside residences constructed thereon.

SECTION 3. MISCELLANEOUS

3.1 AMENDMENT AND REPEAL: Any provision of this Declaration at any time may be amended or repealed. The provision may be added by any of the methods provided in the Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estate.

3.2 DURATION: The covenants and provisions contained herein shall continue to remain in full force and effect in accordance with Article X of the Declarations, Restrictions, Protective Covenants and Conditions for Sunset View Estates.

3.3 ATTORNEY FEES: In the event any party shall bring any suit or action to enforce this Declaration, or to collect any money due hereunder or to foreclose a lien, the party not prevailing shall pay to the prevailing party

Page 2 - Supplemental Declaration - Phase ill

all costs and expenses incurred by it in connection with such suit or action, such amount as the court may detennine to be reasonable as attorneys' fees at trial and upon any appeal or petition for review or other proceedings, including any bankruptcy or arbitration proceeding.

IN WITNESS WHEREOF, WILLIAM BUNDY has executed this Supplemental Declaration this day of 3'=A-'J '

ST ATE OF OREGON, County ofDeschutes ss:

"-, The foregoing instrument was acknowledged before me t his 711/ day of , 200Q., by William Bundy_

/ (j 'I.M-

I) OFFICIAL SEAL STELLA BLADHOLM

NOTARY PUBlIC-QREGON COMMISSION NO. 362856

MY COMMJssION EXPIRES NOV. 15 2006

'-L ./ , ../:J_" ff<,, ;,£eX!LelL Notary Public for Oregon My Commission Expires: //-IS'-t7h

Page 3 - Supplemental Declaration - Phase III

-----------------------FROf'I : BILL FAX NO. : 541318&171

• • • •• r II' "'-AI _ , 1" I U" I. Jun. 04 2007 08;04PM PI

Sv"'" VIew 1!1iat., "omeo.,..,. Alloclalon

60160 Sun_ VI_ OlIve"nd. Oreoon '7702'

June 2. 2007

IIIGENT TO; John 8url:

From! Jim Bovdston, Sunset Viww Estoie-s Homt!W'>Wners AssociatIon Bilt Root, Cascade Highlands Golf Club

Subject: PfopOted lot Line Adjustment. Sunset VIew estotes

This Is fo recap our meeting todoy at the lost Tracks Golf Club to discuss the Lot Line Adjustmen' we hove propOsed to deflf'18 the boundary between the golf course property and the homeowner'S common property. The proposed odjusfrneni wll trCnlfer approximateCy acre from the homeowners common area to the golf club which wAl include 011 exJsting buildings and J'f'Ovlde room ror sand storage ond lOme fraRer "arKIng ond wilt transfer an eQUal area of undisturbeo land from the golf club to the homeowners associatton.

You hQVe expressed in interest In knOWing What Is proposed becouse of ihe proximity of your lot 67 to the golf facilities. We hope our meeting resolved your concerns.

The· Items you asked to be clarified include 'he following:

1. You wanted assurance th01 your lot wouJd be co"sJdered as 0 pM of Phase 1 of the development to allow the posturing of hoDes or lIamQI. We gove you a under the CC&R's 'tor fiT,cse 'Horses ones Hamas ore c,IIbweS'ori (01 '61.'

2. You asked about tendng and/or landscaping to. provide some privacy to your lot from the goff course facUlties. The CC&R's do not prohibit landseaping of the common area and Q benn and trees would be acceJ)toble to provide screening.

FROM :aILL FAX NO. :5413186171, •••• I • I _... ..... ... Jun. 04 2007 08: 04PM,,,-, I U'5 I VI'L J '''I P2<!blb r" U ' ! ,",' [".! L I' . U ...

3. You wero concerned about runoff from the cort cleaning area ftow;ng onto the common area and in UI of the common creel 01 QCCMS to 1he driving range. The golf cfub will ceose use of the orea as a roadwoy and wtll check-on eXisting facilities to l1'1Oko sure that drainage 15 propelfy dlsposed of In dry web and not allo'N"ed to run onto the ground surface. Motet1ol$ thot ore stored on the common area side of the wooden fence win be removed. The missing section of the fence will be mJ)kJeed.

The homeowners association and the gOI' club hove agreed to Install a whlto vinyl fence from the North end of the existing wooden fence along the new adjusted property Yne to the existing fence near the golf course gate.

We irust tnese proposals are acceptable to you. We are an)Cfous to submit the lot line adjUstment appUcation to the for approval so ft\ot we can proceed wirh the resolution o. the cwrent encroachment by the golf club on the homeowners common area, Would you please let us know your concurrence as soon as You con '0)( a reply to us at 541-389-23 t 3.

Sincerely,

jim Boydston Bill Roof

cc: 81" Dvndy

PFc{uTEn co$tTy oFFrctRL RECORDSrmõfüãilñËËùip, co¡ffi L[Ëñf- 20Ol.flil

srto.00 ¡11.00 ¡10.00 tt.oo

Do not remove this page from original document.

Deschutes County Clerk

Cert¡ficate Page

lf this instrument is being re-recorded, please complete the followingstatement, in accordance with ORS 205.244:

Re-recorded to correct [give reason]previously recorded in Bookor as Fee Number

and Page

Amended Declaration of Covenants, Conditions and Restrictions 9.07 Page I

AMENDED DECLARATION OF COVENANTS, CONDITIONS ANDRESTRICTIONS OF SUNSET VIEW ESTATES

This Declaration of Covenarlts, Conditions and Restrictions of Sunset View Estates ismade August 21,2007 by the Sunset View Estates Homeowners Association Board ofDirectors and approved at a general meeting of the members of the HomeownersAssociation on September 28, 2007 - This document is a total repiacement of allpreceding documents as listed below:

Document #

90-1t949

9t-13862

95-041,33

Date of Document

Ãpn127,1990'}/ray 2,1991

Jan.24,1994

Recorded date

May 1, 1990

May 21, 1991

Feb.8, 1995

Signed by

William Bundy

Willia¡n Bundy

William Bundy

95-37113 Sept.5, 1995 Oct.24,1995 T/illiamBundy

95-39357 Sept. 5, 1995 Nov. 9, 1995 Willia:n Bundy

95-39949 Sept. 5, 1995 Nov. 15, 1995 lMilliam Bundy

98-17857 Apr.29,1998 Apr. 30, 1998 William Brmdy

2003-36439 Sept. 18, 2002 May 30,2003 Wendy Potok

This document will not replace or amend the following two documents, which wereRecorded as required by the Oregon Revised Statutes 94.600-94-622 Qß0l edition)regarding turnover from the declarant to the Homeovmers Association:

2004-A0584 Jan 7,2004 1an.7,2004 WilliamBundy

2004-00585 Jan. 7,2004 Jan.7,2004 V/illiam Bundy

It is the intention of the Boa¡d and the Homeowner's Association to impose upon theproperties mutually beneficial restrictions under a general plan of improvement for thebenefit of all owners of residential property $/ithin Sunset View Estates, the planned unitdevelopmentmade zubjectto this Declaration and amendments thereto bythe recordingof this Declaration.

All Propefies which are part of Sunset View Estates as identified in the cr¡rrentDeschutes County Assessor's Deparbnent maps shall be hel{ sold, and conveyed subjectto the following easements, rest¡ictions, covenants, and conditions which are for thepuqlose of protecting the value and desirabilþ of and which shall run with ttre real

1

ffi* eØtlú.ff ¿ehl.'ît 'h' ; L(/rÌ'{- tSlV tp

Amended Declaration of Cbvenants, Conditions and Reshictions 9.07 Page2

property subjected to the Decla¡ation and which shall be binding on all parties having anyright, title, or interest in the described properties or any part hereof, their hei¡s,successors, successors-in-title, and assigns, and shall inure to the benefit of each ownerthereof-

ARTICLE 1: DEFINITIONS

Section 1. "Alea of Common Responsibility" shall mean and referto ttreCommon Area.

Section 2. "Bylaws" shall refer to the Bylaws of SUNSET VIE\M ESTATES,INC.

Section 3. "Common Area'' shall mean all real and personal propertynov¡ orhereafter owned by the Association.for the common use and.eqio5rrrent of the Owners.

Section 4. "Common Expenses" shall mean and include the actual and estimatedexpenses of operating the Association" including any reasonabie reserve, all as may befound to be necessary and appropriate by the Board pursuant to the Declaration, theBylaws, and the Articles of Incorporation of the Association.

Section 5. "Eligible Mortgage Holdet'' shall mean a holder, insruer, or guarantorof a first mortgage on a unit who has requested notice of certain matters from theAssociation as hereinafter and in the Association's bylaws provided.

Section 6. 'Eiigible Votes" shall meanthose votes available to be cast on theissue at hand. A vote that is for any rerison suspended is not available to be cast.

Section 7 - "Lof'shall mean a platted lot in Sunset View Estates.Section 8. "Majority" mea¡s those eligible votes, o\ryners, or other groups as the

context indicate totaling more than fifty (50olo) percent of the total eligible number-Section 9. "Member" shall me¿rn and refer to a person or entity entitledto

membership in the Association, as provided herein.Section 10. "Mortgage" mea¡ts any mortgage, deed to secure debt, and any and

all other similar instrunents used for the purpose of conveying or encumberingrealproperty as secwity for the pa¡rment of satisfaction of an obligation.

Section 11. "Mortgage€' shaii inciude a beneficiary or holder of a deed of trust,as well as a mortgage.

Section 12- "Mortgagor" shall include the trustor of a deed of trust, as well as amortgage.

Section 13. *Owner" shall mean and refer to the record owner, whether one ormore persons or entities, of any Lot which is part of the Properties, but excluding anyparry holding the fee simple title mereþ as security for the performance of an obligation.

Section 14. '?erson" means a natr¡ral person, a corporatior¡ a partnership, trustee,or other legal entity.

Section 15. '?roperty or Properties" shall mean and refer to the real propertydescribed on page one of the Declaration.

Section 16. "subsequent Amendmenf'shall mean an arnendmentto theDeclaration that adds additional properfy to that covered by this Declaration. Suchsubsequent amendment may, but is not required to impose, expressly or by reference,additional restrictions and obligations on the land submitted by that amendment to theprovisions of this Declaration-

Amended Declaration of Covenants, Conditions and Restrictions 9.07 Page 3

-\ ARTICLE 2: PROPERTY RIGHTS

Section 1. OïiNER?S EASEMENT OF ENJOYMENT. Every owner shall havea right and easement of ingress and egress, use and enjoyment in and to the common areathat shall be appurtenant to and shall pass with the title to every lo! subject to thefollowing provisions.

(a) The right of the Board of Directors ofthe Homeowners Association,with regard to the Properties which may be oumed for the purpose ofthe development, to grant easements in and to the Common Areacontained within the respective properties to any public agency,auttrorit¡t, or utility for such pqposes as benefits only the properties orportions thereof and owners or lots contained therein;

(b) The right of the Association to borow money for the purpose ofimproving the Common Are4 and any portion thereof, for acquiringadditional Common Area or for constructing, repairing, or improvingany improvements located or to be located thereon, and to give assecurity for the payment of any such loan a mortgage conveying all orany potion of the cofirmon area" provided eighty percent (80%) of ttrelot votes present in person or by written proxy at a meeting called forthis stated puq)ose shall approve; provicled, ho'wever, the lien andencumbrance of any zuch mortgage given by the Association shall besubject and subordinate to any and all rights, interes! options,easements, and privileges reserved or established in this Declarationfor the benefit of any Owner, or holder of any mortgage; and

(c) The right of the Association to dedicate or tansfer all or any portionof the Common Area to any public agency, authority or utility for suchpuq)oses and subject to such conditions as may be agreed to by themembers of the Association. No such dedication orhansfer shall beeffective unless an instrument agreeing to such dedication ortansferhas been approved by at least two-thirds Ql3) of the votes representedin person or by proxy at a meeting duly called for such purpose.

Section 2. OWNERS RIGHT TO INGRESS, EGRESS AND SUPPORT. EachOwner shall have the right to ingress and egress ovetr' upon and across the Common Areanecessary for access to his or her lot and shall have the right to lateral support for his orher lot and such rights be appurtenant to and pass with the title of each lot

Section 3. USE OF LOTS. Except as may be otherwise expressþ provided inthis Declaration, each Lot shall be used for reside,ntial purposes only. No trade orbusiness of any kind may be conducted. Lease or rental of aLot or any buildingthereonfor residential purposes shall not be considered to be a violation ofthis covenan! so longas the lease is in compliance with reasonable rules and regulations as the Board ofDirectors may promulgate. Any lessee or tenant shall in all respects be zubject to thetemls and conditions of this Declaration, the Bylaws, andthe nrles and regulationsadopted hereunder.

Section 4. KEEPING OF AI.IIMALS. No animals, livestocþ orpoultry of anykind shall be raised, bred, or kept on the Properties. OnIy domesticated household pets

Amended Declaration of Covenants, Conditions and Restictions 9.07 Page 4

that may be kept in the residences shall be pennitted. Owners shall foliow all rules andregulations concenring the care and keeping of animals that are included in thisdocument, the Bylaws, and the Rules and Regulations. No animals shall be kept bred, ormaintained for any commercial purpose. The Board shall have the absolute power toprohibit a pet from being kep onthe properties, including inside residences constructedthereon.

Section 5. PHASES OF DEVELOPMENT AòID RESTRICTIONa- Phase l-includes the fi¡st 16lots oniy. These lots (and only

these lots) are entitled to use their Lot to keep and rnaintain areasonable number of horses and llamas in addition todomesticated household pets. The keeping and maintaining ofhorses and llamas shall be subject to the reasonable rules andregulations of the Association, but such nrles and regulationsshall not prohibit the keeping of horses and llamas. However,the restrictions on horses and llanas shall be consistent with therestrictions on domesticated household pets, and shall not aliowany horses or llamas to be kept bred, or maintained for anycommercial pu{pose. In addition, perimeter fencing (consistentwith the Homeowners fencing around the exterior of thedevelopment only) is permitted around the lots in Phase I only.

b. Phase II and Phase lll-includes all other lots. These lots havebeen conskucted around a public golf course- The golf course isnot part of Sunset View Estates, and is not intended to be part ofSunset View Estates. The use of any tlpe of fencing around theperimeter of the lots in phases II and III is prohibited.

c- Additional reshictions regarding the lots adjacent the golfcourses are more firlly identified in Article I of this document.

ARTICLE 3. MEMBERSHIP A}TD VOTING RIGHTS

Section 1- MEMBERSIilP..EveT person or entity that is the record onmer of afee interest, or contract vendee, in any lot that is subjectto this Declaration shall bedeemed to have membership inthe Association. Membership shall be appurte,nanttoand may not be separated from such ownership. The foregoing is not intended to includepersons who hold an interest mereþ as security for the perfonnance of an obligation, andthe giving of a security interest shall not terminate the Owner's membership- No owner,whether one or more persons, shall have more than one (1) membership per lot owned.In the event the owner of a lot is more than one person or entity, votes and rights of useand e4ioyrnent shall be as provided herein. A member orthe member's spouse mayexercise the rights and privileges of membership, including the right to vote, but in noevent shall more than one (1) vote for each lot be cast. If the owners of a lot disagree onhow a vote shall be cast or att€mpt to cast separate conflicting votes, the vote from thatlot shall be disregarded.

Amended Decla¡ation of Covenants, Conditions and Restrictions 9.07 Page 5

Section 2. VOTING. One vote, and only one vote, will be permitted per lot. Novote shall be cast or counted for any lot not subject to assessment. \tr/hen more than oneperson or entity holds such interest in any lot, the vote for such lot shall be exercised asthose persons or entities themselves determined and advise the Secretary of theAssociation prior to any meeting. In lhe absence of such advice, the lot's vote shall besuspended in the event more than one person or entity seeks to exercise it- Any owner oflots thæ are leased may, in the lease or other written instnrment assign the voting rightappurtenant to that iot to the lessee, provided that a copy of such instrument is furnishedto ttre Secretary prior to any meeting- If the owners of a lot disagree on how a vote shallbe cast or attempt to cast separate conflicting votes, the vote from that lot shall bedisregarded.

ARTICLE 4. MAINTENANCE

Section 1. ASSOCIATION'S RESPONSIBILITY. The Association shallmaintain and keep in good repair the Area of Common responsibility, such maintenanceto be funded as hereinafter provided. This maintenance shall include, but not be limitedto, maintenance, repair and replacement subject to any insurance then in effec! of alllandscaping and other flora structures, and improvements situated upontlre areaofcommon responsibility.

Section 2. OWNER'S RESPONSIBILITY- Except as provided in Section 1 ofthis Article, all maintenance ofthe lot, all part of the residence thereon, andthe exclusiveuse common area shall be ttre responsibility ofthe o'vriner, and each owner shall6¿i¡¿¡and keep in good repair such proper[y and improvements.

ARTICLE 5. RIGHTS A}ID OBLIGATIONS OF TIIE ASSOCIATION

Section l. COMMON AREA. The Association, subject to the rights oftheowners set forth in this declaration, shall be responsible for the exclusive rnanagementand control ofthe common a¡ea and all improvements therein, and sirall keep it in good,clean, atttactwe, and sanitary condition, ordeç repatr, purzuant to the tenns andconditions of this declaration and the bylaws. Owners shall be entitled to the exclusiveuse of the common area adjacent to their property. In Phase 1 only, this shall include theright to fence the common a¡ea and to install and maintain pasture, provided" however,that the use shall comply with the reasonable rule and regulations of the association withrespect to such use. The owner shall not be permitted to consEuct any improvement onthe common area.

Section 2. SERVICES. The Association may obtain and pay for the se,nrices ofany person or entity to manage its affairs or any part thereot to ttre extent it deemsadvisable, as well as such other personnel as the Association shall determine to benecessary or desirable for the proper operation of the properties, whether such personnelare firrnished or employed directly by the Association or by any person or entity withwhom or with which it contracts. The Association may obtain and pay for legal andaccounting services necessary or desirable in connection wittr the operation of theproperties or the enforcement of this decla¡ation. The association may but shall not be

Amended Declaration of Covenants, Conditions and Restrictions 9.07 Page 6

required to arrange with third parties to fumish water, trash collection, sewer service, andother common services to each lot as an association expense.

Section 3. PERSONAL PROPERTY AND REAL PROPERTY FOR COMMONUSE. The Association, through action of its Board of Directors may acquire, hold, anddispose of tangible and intangible pørsonal property and real property.

Section 4. IMPLIED RIGHTS. The Association may exercise any right orprivilege given to it expressly by this Declaration or the Bylaws, or every ottrer right orprivilege reasonably implied from the existence of any rights or privilege givento ithereii.

Section 5- SELF-IIELP. In addition to any other remedies provided for herein,the Association or its duly authorized agent shall have the power to enter upon a lot orany portion of a common propertyto abate orremove, using such force as maybereasonably necessaС, any erection, thing or condition whic.h violates this Declaratior¡ theBylaws, the rules and regulations or the uòe reskictions. Unless an emergency situationexists, the Board shall give the violating properfy ownerten (10) days written notice of itsintent to exercise self-help. All costs of self-heþ, including reasonable attorney's feesactually incurred shall be assessed against the violating properfy owner and shall becolleted as provided herein for the collection of assessments.

Section 6. RIGHT OF ENTRY. The Association shall have the tighq in additionto and not in limitation of all the rights it may have, to enter onto lots for emergency,security, or safety puq)oses, which right may be exercised by the Association's Board ofdirectors, officers, agents, employee's managers, and all police officers, fuefighters,ambulance personns], and similar emergency personnel in the perforrrance of theirrespective duties. Except in emergency situations, ent¡r shall only be during reasonablehours and after reasonable notice to the o.wner or occupant of the lot-

Section 7. UTILITIES. The Association is authorized to enter into an agreementto purchase water for irrigation purposes to be used on tlre common areas within Sr¡nsetView Es[ates, including the front lawn a¡ea ofthe development. The Association is alsoauthorized to enter into agreements for supplying electrical power, and telephone serviceforthe gates and common areas-

ARTICLE 6. ASSESSMENTS

Section 1. PURPOSE OF ASSESSMENT. The assessments provided for hereinshall be used for the general purposes of promoting the recre¿tion healtt¡ safety, welfare,common benefit, and the enjo¡rment of the owrrers and occupants of the lots, includingthe maintenance of real and personal property, all as may be more specifically authorizedfromtime to time by the Board of Directors.

Section2. CREATION OF A.SSESSMENTS. Each owner of any lot byacceptance of a deed ttrerefore, whether or not it úall be so expressed in such deed,covenants and agrees to pay the association; (a) annual assessment or charges; þ) specialassessments, such assessments to be established and collected as hereinafter provided,and (c) specific assessments against any particular lot which are established pursuant tothe terms of this Declaration, including, but not limited to, reasonable fmes as may beimposed in accordance with the terms of this Declaration.

Amended Decla¡ation of Covenants, Conditions and Restrictions 9.07 Page 7

a- Such assessments, together with the late charges, interest, not toexceed the maximum legalrate, costs, and reasonable attomey's feesactually incurred" shall be charged on the land and shall be a continuinglien upon the lot against which assessment is made.b. As long as the Declarant ftVilliam Bundy) owns the one remaininglot ofthe subdivision, he shall be required to pay only fifry percent (50olo)

' of the annual assessment for that r:noceupied lot. Upon the recorded saleor transfer of that lot, the assessment will automatically be increased to thefull amount as ofthe day of recording.

Section 3. COMPUTATION OF ASSESSMENT. It shall be the duty oftheBoard to prepare a budget covering the estimated costs of operating the Associationduring the coming year, which shall include a capital contribution or reserve inaccordance with a capital budget separately prepared. The Board shall cause the budget .

and the assessme,lrt to be levied against each lot for the following year to be delive¡ed toeach member atleast thirb¡ (30) days prior to the end of the current fiscal year. Thebudget and the assessment sball be come effective unless disapproved at a meeting by amajority of the owners. Notwithstanding the forgoing, however, in the event themembership disapproves the proposed budget or the Board fails for any reason so todetermine the.budget for the succeeding year, then and until such time as a budget shallhave been determined, as provided herein, the budget in ef[ect for the then current yearshall continue fcir the zucceeding year.

Section 4. SPECIAL ASSESSMENTS. In addition to the other assessmentsauthorized herein, the Association may levy special assessments in any year. So long asthe total amormt of special assessments allocable to each lot does not exceed FiveHundred Dollars ($500) in any on fiscal year, the Board may impose the specialassessment. Any special assessment that would cause the amor¡nt of the specialassessment allocable to any lot to exceed this limitation shall be effective only ifapproved by a majority of the members. Speclal assessments shall be paid as detemrinedby the Board, and the Board may perrrit special assessme,nts to be pai{in installmentsextending beyond the fiscal year in which the special assessment is imposed.

Section 5 EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OFTI{E ASSOCIATION. Any assessments that are not paid when due shall be deünquent.Any assessment delinquent for a period of more than fifteen (15) days shall incur a latecharge in an amount as the Board may fromtime to time detemrine. The associationshall cause a notice of delinquency to be given to any member who has not paid withinfifteen (15) days following the due date. If the assessment is not paid within tttify (30)days, the association may, rÌs the Board shall determine, institute suit to collect suchamounts. Each owner, by acceptance of a deed or as a party to any othertype ofconveyrace, vests in the Association or its agents the right and power to bring all actionsagains him or her, personally, for the collection of zuch charges.

Section 6. RESERVE ACCOUNT AÌ,lD CONTRIBUTION. The Board ofDirectors shall annually prepare a capital budgøt that shall take into account the n¡mberand nature of replaceable assets, the expected life of each asset, and the expected repairor replacement cost. The Board shall set the required capital contribution, if an¡1in anamount suf,Ecient to permit meeting the projected capital needs of the Associafior¡ asshown on the capital budge! with respect to both amount and timing by annual

Amended Decla¡ation of Covenants, Conditions and Restrictions 9.07 Page 8

assessments over the period of the budget- The capital contribution required shall befrxed by the Board and included wittrin the budget and assessments, as provided inSection 3 of this Article. A copy of the reserve account budget shall be distributed toeach member in the same manner as the operating budget.

Section 7. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS.The annual assessments provided for herein shall be concurent with our fiscal year. Theofficial close of escrow and recording of ownership with Deschutes County, Oregon willconstitute the date ofthe transfer of ownership.

ARTICLE 7. ARCHITECTURAL STANDARDS

Section 1. AUTHORIZATION ANTD JURISDICTION. The Board of Directorsshall have the authority and standing, on behalf of the Association, to enforce in courts ofcompetent jurisdiction decisions of the Committee established in Section 2 ofthis Aficle.No construction, such tenn shall include within its definition staking, clearingexcavation, grading, and other site work, and no planting or rernoval or plants, trees, orshrubs shall take place except in strict compliance with this A¡ticle, until the requirementthereof have been frrlly met and until the approval of the appropriate committee has beenobtained.

Section 2. ARCHITECUTIIRAL REVIEW COMMITTEE. The ArchitecturalReview Committee (ARC) shall have exclusive jurisdiction over all original consFuctionon any portion of the properties and jurisdiction over modifications, addition, or thealterations made on orto existing residential lots, buildings, and the open space, in anyappurtenant thereto. The ARC shall prepare and, on behalf of the Board of Directors,shall promulgate design guidelines arld application procedr¡res. The standa¡ds andprocedures shall be those of the Association, and the ARC shall have sole and fullauthority to prepme and to amend the standards and procedures. It shall make bothavailable to the owners, builders and developers who seek to engage in the developmentor on constructioD upon all or any portion of the properties and who shall conduct tlreiroperations strictiy in accordance herewith. The ARC shatl consist of at ieast three (3),but no more than five (5), persons, and shall be appointed by the Board of Directors on anannual basis.

Section 3. SPECIFIC VARIATION IN RLILES AlrD REGULATIONS FORLOT l5- A specific one-time variance was grantedto lot 15. "The building side-setbackminimum requirement along the common sideline with Lot 16 shall be reducetl to ten(10) feet from thidy (30) feer The driveway location entrance from the steet must stillenter lot 15 at least 30 feet from the coilrmon lot sideline \ñ¡ith Lot 16.'

ARTTCI,H 8. GOLF COT]RSE

Section 1. GOLF COURSE. Sunset View Estates Phase II and III areconstucted around a public golf course. No owner within Strnset View Estates shallhave any rights or privileges to.use the public golf course, except as may be extended bymembership privileges granted to zuch owners. The golf course is not part of Sunset

Amended Declaration of Covenants, Conditions and Restictions 9-07 Page 9

View Estates, and is not intended to be part of Sunset View Estates, but does have certaineasements as identified in Article 8, Section 2 of this Document in favor ofthe golfcourse to permit the continued operation and maintenance of the golf course in hannonywith Sunset View Estates.

Section 2. GOLF COURSE EASEMENT. The Homeowner's Associationreserves an easement for itself, its successors and assigns, including the owner andoperator of the golf course adjacent to all lots within Sunset View Estates, an easement25 feet wide along all property lines that are adjacent to and front the golf course. Theeasement is for the purpose of the operation and maintenance of the golf conrse, whichincluded the right of the o'wner and operator of the golf course to enter the easemen!provided that the entry is limited to golf coruse purposes. This easement does not givethe right or responsibility to the golf course owner and operator to landscape the a¡ea- Nostructure of any kind shall be permitted withinthe golf coume easement.

ARTICLE 9. GENERAL FROVISIONS

Section 1. DURATION. The covenants and restrictions of this Declaration shallrun with and bind the properties, and shall insure to the benefit of and shall beenforceable by the Association or theìr legal representatives for aterm of thirty (30) yeamfrom the date this declaration is recorded, after which time they shall be automaticallyextended for successive periods of ten (10) years, unless the instrurnent in *itiog, signedby a majority of the owners has been recorded within the year preceding the beginning ofeach successive period often (10) years, agreeing to change said covenants andrestrictions, in whole or in part, or to terminate the sâme-

Section 2. AMENDMENT- Amendments can occur at regular or specialmeetings if noticed and part of the agenda Proxies or written acceptance of the proposedamendments shall be valid in computing whether the 75Yo threshold has been met.Amendments will be effective if signed and nota¡ized bythe Board Secretary andrecorded in the ofücial records of Deschutes County, Oregon.

Section 3. INDEMMFICATION. The Association shall indemnify every offlrcerand director against any and all expenses, including counsel fees, reasonably incurred byor imposed upon any Offrcer or Director in connection with any action, sui! or otherproceeding (including settlement of any suit or proceeding if approved by the Board ofDirectors) to which he or she may be a party by reason ofbeing or having been an officeror director. The officers and directors shall not be liable for any mistake ofjudgmen!negligent or otherwise, expect for their own individual willful misfeasance, malfeasance,misconduct or bad faith. The Officers and Directors shall have no personal liability withrespect to any contract or other commitment made by them in good faittU on behalf of theAssociation (except to the extent that such officers or directors may also be members ofthe Association), and the Association shall indemnifu and forever hold each such Ofñcerand Directors free and har¡nless against any commiûnent- Any rightto indemnificationprovided forherein shall not be exclusive of any other righæ to which any Officer orDirector, or former Offi.cer or Director, may be entitled. The association shall, as acoûlmon expense, maintain adequate general liability and officers' and directors' liabilityinsurance to fund this obligation.

Amended Declaration of Covenants, Conditions and Restrictions 9.07 Page 10

' Sectign 4. EASEMENTS FOR UTILITIES. There is hereby reserved to theAssociation'bi¿iåIiet easements upon, across, above, and under all pioperry within theCommunity for access, ingress, egress, installation, repair, replacément, and maintenanceof all utilities serving the property or any portion thereof, including, but not lirnited to,gas, water, sanitary sev/er, telephone, and electricity, as well as storm drainage, and anyother service such as but not limited to, a master television antenna system, cabletgfeviqig¡r system, or security system which the assoóiation might decide to haveinstalled to serve the property. It shall be expressly permissible for the Associatióù or isdesignee, as the crise may be, to install, repair, replace and maintain or to authorize the

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installatior¡ repair, replacement and maintenance of such wire, conduits, cable, and other,equipment related to ihe providing of any such utility or service. Should party furnishing ''T-any such utility or service request a specific license or easement by separate recordabledocument, the Board shall have the right to grant such easement.

Section 5. GENDERAND GRAMMAR The singular, whereverusedherein,shall be construed to mean the plural, when applicable, and the use of the masculine. ,,pronoun shall include the neuter and feminine- ir¡

Section 6. SEVERABILITY. Whenever possible, each provision of thisDeclaration shall be interpreted in such marmer as to be effective and vaiid" but if theapplication of any provision of this Declaration to any person or to any property shall beprohibited or held invalid, such prohibition of invalidity shall not affect any otherprovision or the application of any provision which can be given effect withouttheinvalid provision or application, and to this end, the provisions ofthis declaration aredeclared to be severable.

Section 7. CAPTIONS. The captions of each Article and Section hereof, as to thecontents of each Article and Section are inserted only for convenience and are in no wayto be construed as defueing, limiting, extending, or otherwise modiffing or adding to theparticular Article or Section to which they refer.

Section 8. LEGAL FEES. In the event any Ovmer, the Board, or the Associationengages an attorney to enforce this Declaration or any of its terxrs, whether or not a suitor action is commenced, it is agreed that the prevailing party shall be entitled to recoverall attorney fees, allowable costs and disbursements and other charges to be paid by thelosing party to the prevailing party and to be fixed by the trial and appellate courts.

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In witness w_hereof, thp undersigned have executed this Amended Declaration onthts idtt day of û¡tt ì /, ,200&

Secretary of Boa¡d ofDirectors ofSunset View Estates Homeowners Assoc.

STATE OF ORBGON, Comty ofDeschutes, ss:

Thetr

was acknowledged before me this /ûSecretary of Board of Sunsst Estates.

Notary for

BI-TTY E JAQUANOT,:': / PUBUGOREGONccä¿ ;,ssloN No.40608ó

EXPIRES MAY 1 201 0

2OO7, by

My commission expires

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