TULSA COUNTY CLERK - JOAN HASTINGSVOC ~ 99014488 FEE 22.00

RCPT 335421 02/08/99 10:39:43PGS 8 B/P 6170/2368-2375

\\ DECLARATION

of

BUILDING AND USE RESTRICTIONSfor

THE LAKES at INDIAN SPRINGS I

This Declaration of Building and Use Restrictions is executed to be effective the l2fu day ofFebruary, 1999, by The Lakes at Indian Springs, L.L.C., an Oklahoma limited liability company,hereinafter referred to as the "Owner/Developer".

WHEREAS, the Owner/Developer is the owner of all of the lots, blocks, comrmn area reserves,and all other land within and comprising the following described subdivision:

The Lakes at Indian Springs I. a Subdivision in the City of Broken Arrow, Tulsa County,State of Oklahoma, according to the recorded plat thereof (Plat No,5?>2l?), said plat beinghereinafter referred to as the "Pial" and the subdivision hereinafter being referred to as"The Lakes at Indian Springs I" or as the "Subdivision", and;

WHEREAS, The Lakes at Indian Springs I is to be developed as a residential community and alllots within the Subdivision, hereinafter referred to as the "Lots", are intended for single familyresidences and uses, and;

WHEREAS, the Owner/Developer desires to establish restrictions for the purpose of providing forthe orderly development of the Subdivision and the conformity and compatibility of improvementslocated therein,

THEREFORE, the Owner/Developer does hereby impose the following restrictions, covenants,and easements which shall be applicable to the Lots, shall be covenants running with the land,shall be binding upon the Owner/Developer, its successors and assigns, and shall be enforceableas hereinafter set forth.

SECTION I

HOMEOWNERS' ASSOCIATION

1.1 Formation of a Homeowners' Association: The Owner/Developer has formed The Lakesat tndian Springs Homeowners Association, Inc" hereinafter referred to as the"Association", for the general purposes of maintaining the private streets, subdivisionentryway improvements and structures, storm water management facilities, and othercommon area improvements to enhance the value, desirability, and overall allractivenessof the Subdivision and of other subdivisions that may subsequently be annexed to theAssociation.

1.2 Membership: Every person or entity who is a record owner of the fee interest of a Lotshall be a member of the Association, Membership shall be mandatory and shall beappurtenant to, and may not be separated from, the ownership of any Lot.

1,3 Enforcement Right of the Association: Without limitation of such other powers and rightsas the Association may have, the Association shall be a beneficiary of the various

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restrictions, covenants, and easements set forth within this Declaration and shall have theright to enforce the restrictions, covenants, and easements to the same extent as if theAssociation was the owner of a Lot.

SECTION II

APPROVAL OF IMPROVEMENT PLANS

2.1 Architectural Committee: The Owner/Developer hereby establishes an architecturalreview committee hereinafter referred to as the "Architectural Committee". TheArchitectural Committee shall be the Owner/Developer until January 2005. Thereafter theAssociation, as described in Section I shall exercise the powers and duties of theArchitectural Committee provided, however, the Owner/Developer may at any time assignto the~t&the powers and duties of the Architectural Committee.

J\YSOCI?\. r.on2.2 Plan Review: No building, fence, wall, paving, exterior ornament or sculpture, free

standing mailbox, exterior antenna, swimming pool, or other exterior structure shall beconstructed, erected, placed, altered, maintained, replaced, or permitted on any Lotunless, and until. construction plans and specifications of the proposed improvement havebeen submitted to, and approved br' the Committee. Prior to commencement ofconstruction, plans and specifications a the proposed improvement shall be submitted tothe Committee in duplicate. Submitted plans and specifications shall include a site plandepicting the location of the improvement. elevations of buildings, drainage and gradingplans, and exterior materials and color scheme.

2.3 Siandards of Plan Review: The Subdivision is a planned neighborhood consisting ofresidences of the predominant traditional architectural styles customarily located withinhigher quality neighborhoods in the Tulsa and Broken Arrow metropolitan area. TheArchitectural Committee shall have complete discretion in approving or disapproving plansand specifications and may base its decisions on purely aesthetic grounds and mayconsider, but shall not be limited to, the following:

A. The adequacy of the dimensions of the Lot as related to the proposed improvements.

B. The effect of location and use of proposed improvements on neighboring Lots. andexisting and anticipated improvements thereon.

C. The relationship of existing grade and proposed finished grade elevations of the Lot tothat of neighboring Lots.

D. The facing of main structure elevations in relationship to streets and common area.

E. The conformity of proposed improvements with the building and use restrictions setforth under this Declaration

F. The compatibility and harmony of external design with existing and anticipatedneighboring structures.

2.4 Time for Approval: If the Architectural Committee fails either to approve or to disapproveproperly submitted improvement plans and specifications (including re-submission ofdisapproved plans and specifications) within ten (10) days from submittal, it shall bedeemed that the plans and specifications have been approved. SUbject however, tocompliance with the building and use restrictions contained herein. The ArchitecturalCommittee shall notify the owner in writing of its' approval or disapproval within the ten (10)day review period.

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2.5 Waiver of Restrictions: The Architectural Committee may in the particular instance andupon written request, approve a waiver of a bUilding restriction set forth within thisDeclaration upon it's sole and discretionary determination that, by reason of the particularcircumstances of a proposed improvement, the waiver would not impair the purpose orintent of the building and use restrictions.

2.6 No Liability; The Architectural Committee shall not be liable in damages or otherwise forany approval or disapproval action and it's approval of construction plans andspecifications shall not constitute a warranty or responsibility for building methods,materials. procedures, structural design, grading. drainage, or code violations.

SECTION III

BUILDING AND USE RESTRICTIONS

3.1 Living Area: The computation of living area shall not include any unheated basement orattic space. All measurements for living area shall be taken horizontally to the face of theoutside frame line (excluding exterior veneer). Any first floor area to be considered asliving area must average at least eight feet (8') in height. Second story living areas shallaverage eight feet (8') in height for at least one-half (1/2) of the area being considered.Any area having less that five feet (5') in height shall be excluded in living areacalculations.

A. Single Story: A single story residential dwelling shall have at least 3,000 square feet offinished living area.

B. Two Story and One & One Half Story: A residential dwelling having two levels orstories immediately above and/or below each other, measured vertically. shall have atlease 2,50Q square feet of finished liVing area on the first story or level and a rninirrumof 3,500 square feet of total combined first and second story or level finished livingarea.

3.2 Garages: Each residential dwelling shall have an attached or detached garage sizedadequately to accommodate at least three (3) full sized automobiles. All garages shall befully enclosed. No carport type structures shall be allowed. No glass windows of any kindshall be allowed in garage doors used for vehicular access. Any detached garagestructure shall be of the same architectural style. materials. and colors used in the primaryresidence.

3.3 Building Requirements

A. Exterior Walls: Not less than 50% of each exterior wall of a residential dwelling shallbe veneered with brick, stone. or stucco. The area of all windows and doors located inexterior walls below the first and second floor plate line shall be excluded in thecalculation of exterior wall area. Where a gable type roof is constructed above eitherthe first or second story plate line, the vertical wall area extending above the highestplate line shall be included in the exterior wall area calculations.

B. Foundations and Stem walls: All above grade foundation and/or stem walls for anystructure shall be veneered with brick, rock, or stucco.

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'.

C. Roofing: The roofing material of any residential dwelling. detached garage. oraccessory structure shall be multi-tab composition type shingles having a minimumweight of 300 pounds per square and shall be "weathered wood" in color.

D. Trash Enclosures: All exterior trash receptacles shall be located at the rear of anyresidential dwelling and shall be screened from public view in a manner architecturallycompatible with the residence.

E. HVAC Condensing and Mechanical Units: All exterior heating. ventilation, and airconditioning (HVAC) condensers and/or mechanical equipment shall be located outsideof public view or screened from public view. Screening shall be architecturallycompatible with the residence.

F. Mailboxes: A mailbox shall be architecturally compatible with the primary residence.The mailbox shall be positioned with the front face approximately three inches (3")behind the adjacent street curb and at least six feet (6')from the inside edge of thedriveway. The inside edge shall mean the edge of the driveway which borders thelargest contiguous Lot area. The mail slot or openil)g shall not exceed 42" in height fromthe adjacent top of street curb grade. The total height of any mailbox structure shall notexceed 54'.

G. Windows and Doors. All windows used in exterior building walls of any structure shallbe wood. vinyl clad wood. vinyl clad aluminum, or bronze anodized aluminum. Exteriordoors shall be wood. vinyl clad wood, or vinyl clad aluminum. Aluminum windows andexterior doors having "mill finish" frames or sills are prohibited.

H. Fireplaces and Other Roof Protrusions: All fireplaces fronting onto an adjacent streetshall be full masonry construction with brick, stone. or stucco veneered chases andmasonry flues. Fireplaces not fronting onto an adjacent· street may be constructedhaving metal inserts and wood framed chimney chases veneered with brick, stone. orstucco. All fireplace flue terminal covers shall be architecturally compatible with theresidence. All exposed sheet metal roof valley flashing, plumbing vents, flue terminals.chimney caps. and all other roof protrusions or vent piping shall be painted to matchthe exterior trim color of the residence.

I. Roof Pitch: All residential structures, detached garages, or accessory structures shallhave a minimum roof pitch of 8:12 over 75% of the total horizontal roof area. A roofpitch of less than 6:12 is prohibited except for open porches or covered patios whichshall have a minimum roof pitch of 4:12.

3.4 Fences and Walls: All fences, above grade walls. or earth retaining walls shall complywith the follOWing restrictions and limitations.

"

A Subdivision Boundarv Fencing and Walls: The Owner/Developer heretofore, withinthe Deed of Dedication accompanying the recorded Plat of The Lakes at IndianSprings I, reserved an exclusive perpetual easement to erect and maintain fencing,walls, and landscaping along the boundaries of the Subdivision adjacent to East JasperStreet and along the westerly boundary of the Subdivision within the fencing easementareas depicted on the Plat as "F & ME". Within the areas depicted on the Plat as "F &ME". the erection of fencing and walls by a Lot owner is restricted to the attachment ofLot boundary line fencing described herein to Subdivision boundary fencing. Themaintenance of attached Lot boundary fencing located within an "F & ME" easementshall be the obligation of the owner of the Lot. The installation of any parallel fencing orwalls within twenty five (25) feet of any "F & ME" is prohibited,

B. Interior Fencing and Walls within Lots Abutting Common Areas: The following Lotswithin the Subdivision abut existing or will abut future common area:

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Lots 13 thru 16 inclusive, Block 1Lots 6 thru 9 inclusive, Block 2Lots 1 thru 33 inclusive, Block 3Lots 1 thru 5 Inclusive, Block 5

Fencing and screening walls within the above described Lots shall be prohibited exceptfor SUbdivision boundary fencing as set forth in Subsection "A" above and privacyfencing and screening walls as set forth in Subsection "c" below.

C. Privacy Fencing and Screening Walls: Privacy fencing and screening walls,hereinafter referred to as "Privacy Fencing", shall meet the following restrictions andlimitations:

1. Privacy Fencing shall not extend beyond the building setback lines of the Lot asdepicted on the Pial. If the dwelling is located behind any such building line, thePrivacy Fencing shall not extend nearer to an abutting street or an adjacent Lotline than the nearest comer of the dwelling.

2. Privacy Fencing shall not exceed six feet (6') in height measured from finishedgrade at any point along the fence or wall. .

3. Privacy Fencing shall be attached to the primary residence and shall be limited toproviding visual screening or security for enclosed areas not exceeding 3500square feet.

4. Privacy Fencing shall be set back from any lot line a minimum distance of ten feet(10').

5. No Privacy Fencing shall be located within fifty feet (50') of Reserve Area "A",Reserve Area "B", the East boundary of Block 2, and the East boundary of Block5.

6. Privacy Fencing shall be constructed of wood, brick, stone, stucco, or othermaterials architecturally compatible with the style, materials, and colors used on theprimary residence.

D. Lot Boundarv Line Fencing: Within any Lot not described in Subsection "B" above,Lot boundary line fencing, hereinafter referred to as Lot Boundary Line Fencing, shallbe permitted and Lot Boundary Line Fencing shall also be permitted along the commonboundary between Lots 12 and 13, Block 1, Lots 16 and 17, Block 1, and Lots 5 and 6,Block 2 subject to the following restrictions and limitations:

1. Lot Boundary Line Fencing shall not be erected nearer to any street within theSUbdivision than the building setback lines depicted on the Pial. If the dwelling islocated behind a building line, the Lot Boundary Line Fencing shall not extendnearer to an abutting street than the nearest comer of the dwelling.

2. Lot Boundary Line Fencing shall be restricted to a maximum of forty eight inches(48") in height as measured from finished grade any point along the fence.

3. Lot Boundary Line Fencing shall be constructed of either Vinyl coated chain linkfabric - black in color with wood posts and wood top rail, or picket type wroughtiron fencing and posts, black in color.

E. Retaining Walls: Earth retaining walls shall be constructed of stucco veneeredconcrete, stucco veneered concrete block, brick, or stone compatible with thematerials and colors used on the primary residence.

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',.

F. General Prohibition: Except as set forth within Subsections A, B, C, and D above,fences and walls are prohibited

3.5 Commercial Activities: No building or similar structure shall be placed, erected, or used forbusiness, professional services, trade, or commercial purposes on any Lot except that theOwner/Developer reserves the right to place, occupy, and operate a business from atemporary structure upon Lot 3, Block 2 and Lot 1, Block 5 until January 1, 2002.

3.6 Livestock and Poultrv Prohibited: No agricultural animals, livestock, or poultry of any kindshall be raised, bred or kept on any Lot in the Subdivision. However, dogs, cats or othercustomary household pets may be kept, provided that they are not kept, bred ormaintained for commercial purposes.

3.7 Noxious Activity: No noxious or offensive activity shall be carried on upon any Lot in theSubdivision, nor shall any trash, or other refuse be thrown, placed, dumped, or permittedto remain upon any Lot. All Lots shall be mowed and maintained in an orderly condition atall times.

3.8 Signs: The construction, placement, and/or maintenance of signs, or other similaradvertising type structures on any Lot is prohibited, except as follows:

A. One sign not exceeding six (6) square feet per side in surface area advertising the saleof a Lot is permitted.

B. Signs within the Subdivision advertising for sale any particular Lot and/or residenceshall be located on that Lot only. Temporary advertising signs for the Subdivision ingeneral may be located in areas near the street entrance to the Subdivision fromJasper Street or in other areas as may be approved by the City of Broken Arrow.

C. Permanent signs identifying the Subdivision may be located within the private andpublic street rights-of-way at, or near; the entrance to the SUbdivision from JasperStreet or in other areas as may be approved by the City of Broken Arrow.

3.9 Existing BUilding: No pre-existing bUilding or similar structure of any kind may be movedon to, or placed on, any Lot in the Subdivision, except that the Owner/Developer reservesthe right to place a temporary building structure for business purposes on Lot 3, Block 2and Lot 1, Block 5 until January 1, 2002.

3.11 Temporarv and Accessorv Structures and BUildings:

A. No trailer, tent, garage, bam, outbuilding, or other structure of a temporary nature shallbe used for human habitation, temporarily or permanently, except that theOwner/Developer reserves the right to place a temporary building structure on Lot 3,Block 2 and Lot 1, Block 5 until January 1, 2002.

B. Building structures, detached from the principal residence shall be limited to garages,swimming pool bath houses, and gazebo structures.

C. The installation of fishing docks or observation type platforms or decks on any Lotabutting Reserve Areas 'A' &"B' is prohibited.

3.12 Vehicle Storage and Parking. No inoperable automobile, motor home, boat, trailer, traveltrailer, or other vehicle shall be stored on any Lot except within an enclosed garage

3.14 SWimming Pools: Above ground swimming pools are prohibited. Spas and hot tubs havingless than 100 square feet in area are permitted and shall be screened from public view andlocated within the 3500 square feet of permitted Privacy Fencing set forth in Subsection3.4.

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3.15 Clotheslines: Exterior clotheslines and poles or other apparatus used for outdoor clothesdrying are prohibited.

3.16 Materials and Storage: No Lot shall be used for the storage of materials for a periodgreater than thirty (30) days prior to the start of construction of improvements on the Lot.Construction activity on the Lot shall be completed within one (1) year aftercommencement Each Lot shall be maintained in a neat and orderly condition at all timesduring construction. No construction debris shall be allowed to remain on any Lot for aperiod of more than thirty (30) days.

SECTION IV

LANDSCAPING

4.1 Pumose: In recognition of the unique contribution that trees and other landscaping maketo the esthetic quality and value of an individual Lot and to the Subdivision as a Whole,landscaping is required as follows:

A. Planting and Preservation of Trees: Within each Lot, all yard areas exclUding patios,pools, drives, and other paved areas shall be landscaped. The required landscapingshall not be less than sodded grass turf and a minimum of six (6) trees. The requiredtrees may be native if not less than four (4) inches in caliper or shall be planted. Forrequired planted trees, the minimum size shall be as follows:

1. Ornamental trees shall not be less than six feet in height and two inches in caliper.

2. Coniferfevergreen trees shall not be less than eight feet in height.

3. Canopy trees shall not be less than twelve feet in height and three inches incaliper.

4.2 Irrigation System: Required landscaping shall be irrigated by an underground irrigationsystem.

4.3 Installation and Maintenance: Within a Lot, required landscaping shall be installed priorto occupancy of the dwelling and shall be maintained in a live or healthy condition andreplaced as necessary.

SECTION V

ENFORCEMENT, DURATION, AMENDMENT, AND SEVERABILITY

5.1 Enforcement: The Building and Use restrictions herein set forth are covenants to run withthe land and shall be binding upon the Owner/Developer, its successors and assigns andshall inure to the benefit of the owners of the Lots and the Association. If the undersignedOwner/Developer, or its successors or assigns shall violate, or attempt to violate, any ofthe covenants set forth within this instrument, it shall be lawful for any owner of a Lot or theAssociation to maintain any action at law or in equity against the person or personsviolating, or attempting to violate, any such covenant, to prevent him or them from doing soor to compel compliance with the covenant. In any judicial action brought by the

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Association or an owner of a Lot which action seeks to enforce the covenants orrestrictions set forth herein or to recover reasonable damages for the breech thereof, theprevailing party shall be entitled to recover reasonable attorney's fees and costs andexpenses incurred in such action.

5.2 Duration: These Building and Use Restrictions, to the extent permitted by applicable law,shall be perpetual, but in any event shall be in full force and effect for a term of not lessthan thirty (30) years from the date of the recording of this Declaration of Building and UseRestrictions unless terminated or arnended as hereinafter provided.

5.3 Amendment The covenants. restrictions , and limitations contained within this instrumentrnay be amended or terminated at any time by a written instrument signed andacknowledged by The Lakes at Indian Springs, L.L.C. dUring such period that The Lakesat Indian Springs, L.L.C. is the owner of at least seven (7) Lots within The Lakes at IndianSprings I or alternatively the covenants. restrictions. and limitations may be amended orterminated at any time by a written instrument signed and acknowledged by the owners ofmore than 65% of the Lots. In the event of any conflict between an amendment ortermination properly executed by The Lakes at Indian Springs, L.L.C. (during its ownershipof at least seven Lots), and any amendment or termination properly executed by theowners of 65% of the Lots, the instrument executed by the Lakes at Indian Springs. L.L.C.shall prevail during the time of The Lakes at Indian Springs, L.L.C.'s ownership of at leastseven Lots. The provisions of any instrument arnending or terminating covenants as aboveset forth shall be effective from and after the date it is properly recorded.

5.4 Severability: Invalidation of any restriction set forth herein, or any part thereof. by anorder, judgement, or decree of any Court, or otherwise. shall not invalidate or affect any ofthe other restrictions or any part thereof as set forth herein, which shall rernain in forceand effect.

IN WI.T,NJ-SS WHEREOF; the undersigned Owner! Developer has executed this instrument this__~+-__ day of February, 1999

The Lakes at . n Springs. L.L.C.a Iirnit d liability company

STATE OF OKLAHOMA )O:lAIO_ )ss

COUNTYOF~ )

Before me. a Notary Public in and for said County and State, on the dd- day of February,1999. personally appeared George E. Day, Jr. to me known to be the identical person whosubscribed the name of The Lakes at Indian Springs, L.L.C.• an Oklahorna limited liability companyas Managing Member thereof to the foregoing instrument and acknowledged to me that heexecuted the same as his free and voluntary act and deed and as the free and voluntary act anddeed of such limited liability company, for the uses and purposes therein set forth.

My Commission Expires: tfk:j.!~ ,qq 9

The Lakes at Indian SpringsBuilding and Use Restrictions

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#16869

FIRST AMENDMENT OF DECLARATION OFBUILDING AND USE RESTRICTIONS FOR THELAKES AT INDIAN SPRINGS I

Dated: February 16, 2001Filed: February 20, 2001 at 3:01 PMRecorded in Book 6477 Pages 1688-1691

FIRST AMENDMENT OFDECLARATION OF BUILDING AND USE RESTRICTIONS

FORTHE LAKES AT INDIAN SPRINGS I

TillS FIRST AMENDMENT ofDECLARATlON OF BUlLDING AND USE RESTRlCTIONSFOR THE LAKES AT INDIAN SPRINGS 1is made this.& day ofFebruary, 2001, by The Lakesat Indian Springs, L.L,c., an Oklahoma limited liability company hereinafter referred to as the"OwnerlOeveloper",

WfJEREAS, building and use restrictions applicable to the lots within the subdivision commonlyknown as The Lakes at Indian Springs I and more particularly descrihed as follows:

The Lakes at Indian Springs 1, a subdivision in the City of Broken Arrow, TulsaCOWlty, Oklahoma, according to the recorded plat (#5328) thereof(the subdivisionbeing hereinafter referred to as '"The Lakes at Indian Springs f'),

have heretofore been established by instrument entitled "DeclarationofBuildingand Use Restrictionsfor The Lakes At Indian Springs l"dated February 8, 1999, and recorded February 8, 1999, in Book6I70 at Page 2368 of the records of the County Clerk of Tulsa County, Oklahoma (hercinafterreferred to as the "Declaration") and,

WHEREAS, certain of the building and w;e restrictions unnecessarily limit building materials andconstruction and should be amended to fucilitate the orderly development of The Lakes at IndianSpriilgS I and.

WHEREAS, the Declaration, within subsection 5,3 of Section V thereof, made provision foramendment by the OwnerlDeveJoper during the period of its ownership of at least seven (7) lotswithin Tbe Lakes at Indian Springs rand alternatively made provision for amendment by the owne",of sixty-five percent ( 65% ) ofthe lots within The Lakes at Indian Springs I and,

WHEREAS, OwnerlOeveloper is the owner of the following described lots within The Lakes atIndian Springs I:

Lots 2 thru <i,Lots 8tbm 12 and Lots 18 thru 21, Block I; and Lots2 thru 5, Block 2; and Lots 2 thru 4. Lots 6 thru 10, Lot 13, Lots 15thru 25 and Lots 29 tbm 31 Block 3; and Lots J tbm 3, Block 4; andLots I thru 5 Block 5.

which above described lots comprise more than 7 lots within The Lakes at Indian Springs I and

lcomprise more than 65% of the lots within The Lakes at Indian Springs I and,

-con tinued- TIlliREFORE, the OwnedDeveloper herein amends the Declaration as follows:GuaranlyAoslracl Company -------------------- ---l

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L Amendment of Living Area:

Subsection 13, Two Story and One & One Half Story of Subsection 3, I Living Area ofSection III Building lllld Use Restrictions is amended to read l!S fullows:

"R Two story and Qne & one HalfStory: A residential dWelling having two levels orstories immediately above and/or below eacb othet, measured vertically, shall bave atleast 20()() square feet offinished living area on the first stol)' or level and a minimumonooo square feet of total combined first lUld second stol)' or level finished livingarea. "

II. Amendment ofBui/ding Requirements - Exterior Wallr

Subsection A ExteriorWalls ofSubsection3) Building Requirements ofSection III Buildingand Use Restriction. is amended to read as follows:

"A, Exterior Walls: No! less tban 50"/0 ofeach exterior wall ofa residential dwelling shaHbe veneered with brick, stone, or stucco, The area ofall windows and doors locatedin exterior walls below the firS! lUld second floor plate line shall be excluded in thecalculation ofexterior wall area Where a gable type roof is constroeted above eitherthe first or second story plate !lne, the vertical wall area extending above the highestplate line shall be excluded in the exterior waIl area calculations."

Ill. Amendment ofBnilding Requiremellts - Windowsl\nd Doors:

Subsection G. Windows lind Dogrs ofSuhSection 3.3 BUllding Reqllirements QfSection illBUi/ding lUld Use Restrictions is a.mended to read as follows:

"G. Windows llJld Doors: All windows used in exterior building walls ofany stnlctureshal/ be wood, vinyl, vinyl clad wood, vinyl clad aluminum, or bronze anodizedalunlinum. Exterior doors shall be wood, vinyl clad wood, or vinyl clad aJunrinum.Aluminum windows and exterior doors having "roiU finish" frames or siU. areprohibited."

-continued-'--__ GuaranltlADslracl Compa!"J ----------------------------------~

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IV. Amendment of Building Requirements· Fireplaces:

Subsection H. fireplaces and Other Roof Protrusions of Sub=tion 3.3 BUUQingRequirements ofSection III Building JlIld Use Restrictions is amended to read as follows:

'H. fircolaces and Qther RoofProtrusions: All fireplaces fronting onto an adjacent streetshall have brick, stone, or stucco veneered chases. Fireplaces not fronting onto an .adjacent street may have chimneychases veneered with brick, stone, stucco, orsiding.All fireplace /lue terminal covers shall be architecturally compatible with theresidence. All exposed sheet metal roof valley /lashing, plumbing vents, fluetenninaJs, chimney ClIpS, and all other roofprotrusions Of vent piping shall be paintedto match the exterior trim color of the residenCt';."

V. !:;onflicting prQvi'lions. Except as specifica1ly above amended. the covenants and restrictionsestablished by the Declaration shall remain effective; provided however, in the event of anyconflict or ambiguity, the provisions ofthis instrument shall govern.

IN WITNESS WHEREOF, the OwnerlDeveloperhas executed this instrument to be effectiveupon its proper recording in the office of the County Clerk ofTulsa County, Oklahoma.

"Owner/Developer"

The Lakes at Indian Springs L.L.c., an Oklahomalimited liability company

iIDJ..I'>n'\'l Development Inc.,oration, as Manager

I -continued-.•~ GuaranlyAnslraGICOmpany -------- -..J

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STATE OF OKLAHOMA)) ss_

COUNTY OF TULSA )

This instrumellt was acknowledged before me on this h day Ofk<VH"~ 2001, byGeorge K Day Jr. as President ofIndian River Development Inc., as Manager ofThe es at IndianSprings LL.C.; an Oklahoma limited liability company_

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