Harvest Creek Covenants

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF AND FOR HARVEST CREEK

Date: August 23, 2000

Declaration
Article I - Definitions
Article II - Membership and Voting Rights
Article III - Homeowners Association
Article IV - Covenant for Maintenance Assessments
Article V - Sidewalks
Article VI - Maintenance
Article VII - Utilities
Article VIII - Architectural Controls
Article IX - Use Restrictions
Article X - Park Land Maintenance
Article XI - General Provisions

DECLARATION

THIS DECLARATION is made on the date hereinafter set forth by HOMELANDS DEVELOPMENT CO., L.L.C., hereinafter referred to as "Declarant," and supersedes all previous Declarations for the below referenced property.

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of Gallatin, State of Montana, which is more particularly described as: Harvest Creek Subdivision, Phases I-IV, and to all future phases of Harvest Creek West Subdivision, located on approximately eighty (80) acres immediately west and adjacent to Harvest Creek Subdivision, all such subdivisions and phases located on property situated in the SW1/4 of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.

NOW, THEREFORE, Declarant hereby declares that all of the properties described above, and shown on the attached, marked "Exhibit A" shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof.

ARTICLE I - DEFINITIONS

Section 1. "Association" shall mean and refer to Harvest Creek Owners' Association, Inc., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the properties. Owner shall also include the purchaser under a Contract for Deed.
Section 3. "Property" or "Properties" shall mean and refer to that certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Lot" shall mean and refer to any plat of land shown upon any recorded subdivision of the properties.
Section 5. "Declarant" shall mean and refer to Home Lands Development Company, L.L.C..
Section 6. "Common Areas" shall mean all property that is owned by the Association, which includes, but is not limited to waterway, park land, trails, recreation areas, retention/detention ponds, etc..

ARTICLE II - MEMBERSHIP AND VOTING RIGHTS

Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

Section 2. The term "Directors" shall mean the Directors of the Association and shall consist of the following; during the first 7 years of the development, (starting January 1, 2000), or until 70% of all Lots of the first 8 phases are sold (590 total Lots in the first 8 phases) which ever occurs first, the Directors shall consist of Tim Howard, Walt Wolf, and a Lot Owner who shall be elected at the annual meeting by a simple majority of the members of the Association, thereafter, the Directors shall consist of 3 Lot Owners, who shall be elected at the annual meeting by a simple majority of the members of the Association. That Board of Directors shall be elected for a term set by a simple majority of the membership but not less than one year. Each Director shall serve until replaced by his successor. Any vacancy in the Board of Directors occurring before the next annual meeting of the members shall be filled by the remaining Directors.

Section 3. The Directors shall have the authority to act on behalf of the Association and its members as shall be reasonably necessary to carry out the purposes of the Association and enforce these Covenants. The Directors shall act by majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors.

Section 4. The Directors shall serve as the Architectural Control Committee until and unless a majority of the members vote to have a separate Architectural Control Committee.

Section 5. Directors shall also serve as officers which shall be designated by a simple majority of the members at the annual meeting unless and until a majority of the members vote to have officers elected separate and apart from the Directors.

Section 6. The duties of each of the officers shall be as follows:

a. President. The President shall preside over all meetings of the Association. He shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the Association. He shall perform such duties as may be specified, and exercise such powers as may be delegated to him by the Association.

b. Vice President. The Vice President shall exercise the powers of the President in the absence of the President.

c. Secretary/Treasurer. The Secretary shall give notice of all meetings of the Association. He shall keep a record of the proceedings of the meetings of the Association. He shall be authorized to sign, on behalf of the Association, all records, documents and instruments when such are authorized to be signed by the Association. He shall exercise such other duties as may be designated by the Association. The Treasurer shall keep and maintain adequate and correct accounts of the properties and business of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains and losses of the Association. He shall prepare and render such periodic accountings as shall be required by the Association.

Section 7. A vacancy in any office of the Association shall be filled by appointment by the Board of Directors until the next annual meeting or his/her successor is duly appointed or elected.

Section 8. The annual meeting of the Association shall occur on May 1st of each year. Any special meeting may be called by the President, or in his absence, by the Vice President. In addition, a special meeting shall be held upon call of forty-five percent (45%) of the owners. Special meetings shall require 48 hours notice, in writing. Notice of annual and special meetings shall be mailed to owners at the address for each owner which is listed as such on the official plats and records of Gallatin County, as maintained by the Clerk and Recorder, Gallatin County, or at such address as shall be designated, in writing, by owner. The presence of members representing sixty percent (60%) of the total votes of the membership shall constitute a quorum.

Section 9. If proposed action is favored by a majority of the votes cast at a meeting, but such vote is less than the requisite sixty percent (60%) of the members, members who were not present in person or by proxy may give their assent to any action in writing, provided the same is received by the appropriate officer of the Association not later than thirty (30) days from the date of such meeting wherein the action was voted on.

ARTICLE III - HOMEOWNERS ASSOCIATION

The Association, acting through its Board of Directors, shall have the power and authority to take such actions as shall be necessary or reasonable to care for, protect and maintain the roads, easements, boundary fences, drainage easements and common areas; to enforce these Covenants; to collect assessments; to set annual and/or special meetings; and to act in any other matters set forth herein or which may serve the development, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve.

The Association shall hold an annual meeting each year at such date, place and time as shall be set by the Board of Directors. At the annual meeting, the members shall review and approve a budget for the next year, shall elect Directors to fill any expired term or vacant position, and shall conduct such other business as shall be reasonable or necessary to carry out the purpose of the Association. The members shall have the authority to set the number of Directors, which initial number shall be three. The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the members. At the annual meeting, the Directors shall elect a President, Vice President and Secretary/Treasurer for the Association from among the Directors, except that the Secretary/Treasurer may be a member who is not a Director.

For the purpose of determining membership, at any meeting a person(s) or entity(ies) shall be deemed to be a member upon the recording of a duly executed deed to an owner or upon the recording of a Notice of Purchaser's Interest or an Abstract of Contract for Deed showing a contract purchase by an owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Foreclosure of a mortgage, trust indenture or the termination of foreclosure of a contract for deed wherein title is vested in the mortgage, beneficiary or original seller on a contract or repossession for any reason of a Lot or Unit sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner.

ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien for Personal Obligation of Assessments. The Owner of any Lot by acceptance of a Contract of Sale or a deed therefore, whether or not it shall be so expressed in such deed or contract, is deemed to covenant and agree to pay to the Association (a) assessments or charges and (b) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time the assessment fell due.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties, and for the maintenance, upkeep, and prevention of damage to the common area and facilities and dedicated park land.

Section 3. Assessment Amount. Beginning August 1, 2000, each Owner shall pay a $20 per month assessment for each Lot owned, payable quarterly.

Section 4. Notice of Quorum for any Action Authorized Under Section 3. Any action authorized under Section 3 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than ten (10) days in advance of the meeting.

Section 5. Uniform Rate of Assessment. Both periodic and special assessments must be fixed at a uniform rate for all deeded Lots.

Section 6. Date of Commencement of Assessments - Due Dates. The assessments provided herein shall be levied quarterly following the closing of the sale to an individual Owner. Voting rights attributable to property interest shall not vest until assessments against those interest have been levied by the Association. The first assessment for each Lot shall be adjusted according to the number of months remaining in the calendar quarter. The Board of Directors shall fix the amount of the assessment against each deeded Lot at least thirty (30) days in advance of each assessment period. Written notice of the assessment shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on specific Lot have been paid.

Section 7. Delinquent Dues and Assessments. After any dues or assessments have been delinquent for a period of one month or more, the Association may mail to the Owner a Notice of Delinquency. After any dues or assessments have been delinquent for a period of two months or more, the Association shall be entitled to file a lien against the Owner's property, provided said Association has given notice of delinquency 30 days in advance, which shall be filed in accordance with the provisions of Title 71, Chapter 3, M.C.A.. The Association shall have all rights and remedies as provided herein. The Declarant and each Lot Owner, by entry into an agreement to purchase a Lot and taking title to the same, waive the right to protest any special improvement district created and of public record in existence prior in time to Owner receiving title to any Lot. In this regard, Owner, prior to taking title to a Lot, is advised to review or seek advice with respect to the public record in the Gallatin County Clerk and Recorder's Office. Further, each Lot Owner waives the right to protest the creation of a Park Maintenance District whose purposes will be to maintain, improve, and restore or replace all parks, open space common areas, and trails with this subdivision.

ARTICLE V - SIDEWALKS

Sidewalks, constructed to city standards, shall be installed on both sides of the streets at the time houses are constructed on individual lots. Upon the third anniversary (3 years) of each final plat phase recordation, any Lot Owners who have not constructed their sidewalks shaft be required to install sidewalks on their lots, regardless of whether a home is constructed on the Lot or not. In the event that said Lot Owner shall fail to do so, the Association may do so and the cost shall be added to and become a part of the assessment to which such Lot is subject.

ARTICLE VI - MAINTENANCE

In the event that the need for maintenance or repair or weed control is caused through the willful or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. For purposes of this Article, maintenance and repair caused by willful acts of the Owners shall include maintenance and repairs required as a result of utility repairs or other actions or contractors or agents of the Owner performed outside the boundary of his Lot.

In the event that the need for maintenance, repairs, and replacement of common areas and park land, or weed control is needed, the cost shall become a part of the assessment to which all Lots are subject.

The covenants and restrictions of this Declaration on exterior maintenance shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association and the Owner of any Lot subject to this Declaration.

ARTICLE VII - UTILITIES

Section 1. Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No trash or garbage containers shall be allowed to be placed on the street for more than 24 hours.

Section 2. Easements. At no time will patios, barbecues or other permanent structures be erected upon any utility easement within the exterior boundary of a Lot. Fencing of a permanent nature shall be permitted only if it is of a type that is easily and quickly removed in the form of panels, gates or other similar units of construction.

Section 3. Reservations of Utility Easements. Each Lot in the above-described property shall be subject to an easement for the purposes of constructing, operating, maintaining, enlarging, reducing, removing, laying or relaying lines and related facilities and equipment for utilities including but not limited to those providing heat, communication and electrical power.

ARTICLE VIII - ARCHITECTURAL CONTROLS

Section 1. Temporary Structures, Trailers Forbidden. No structure of a temporary character, mobile home, trailer, basement, tent, shack, garage or any other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2. Landscape Plan. Landscaping plans shall be submitted to the Architectural Control Committee for their approval and the landscaping shall be completed with twelve (12) months after the Owner's first occupancy of the residence. As part of the landscape plan the requirement for boulevard trees shall be as required by the City of Bozeman.

Section 3. Minimum Residence Requirements. All single story family dwellings shall have a minimum of 1,300 square feet of floor space, except for lots in block 7 and 8, which shall be allowed a minimum of 1,200 square feet for single story dwellings, together with a double car attached garage. All two story family dwellings shall have a minimum of 1550 square feet, with at least 800 square feet at or above grade. Except for the allowable square footage on a second story as defined above, all square footage requirements must be at or above grade and exclude basements, garages, carports, porches, etc. It is the intention of this Covenant to ensure that all dwellings shall be of a quality workmanship and materials substantially the same as or better than other dwellings in the development, all plans must be approved by the Board of Directors or their assigned representatives.

Section 4. Exterior Siding. The exterior siding of the structure shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal siding. However, no sheet or panel metal siding nor cement block siding is allowed. No panel siding similar to T1-11 siding or plywood sheet siding is allowed.

Section 5. Roofs of Structures. The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed. Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored, textured or painted to match the roof design and color. Rain gutters are allowed, provided the same are colored to match the trim or color of the roof. Steel galvanized gutters are not allowed. The roofs shall have a minimum pitch of 6/12. Further, all structures shall be constructed so that the roof overhand and gable end are a minimum of 12 inches.

Section 6. Foundation of Structures. The exterior colors of the structures shall be earth tones, pastels, non gloss white or wood colors. No bright or shiny colors or exterior siding shall be allowed. For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed. Colors are to be compatible with the balance of the neighborhood.

Section 7. Exterior of Structures. The exterior design, style and colors of each of the outbuilding and structures on a Lot shall conform to the design, style and colors of the residence. Roof facia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 6 inches. The building should be a visual combination of forms that does not give a "box" appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 8. Entrances. The main entrance to the living structures constructed on the real property which is the subject of this Declaration shall be architecturally defined and enhanced by incorporating an entry porch or gable extending over the entrance denoting a clear sense of arrival. It shall provide weather protection and visual definition.

Section 9. Architectural Enhancement. Any residential structure constructed on the real property which is the subject of this Declaration shall contain an offset or set back in its architectural design and construction of a minimum of 2 feet between the residence and attached garage.

Section 10. The height of all structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by the City of Bozeman.

Section 11. Accessory Buildings. All necessary buildings, such as garages and storage buildings, shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 12. Fencing. Backyards and sideyards may be fenced with wood or materials that look like wood. The front yard toward the public road shall not be fenced. No chain line or wire fences shall be allowed. Fences shall be maintained in good condition. Fences within the rear yard, set back of lots adjoining the linear park, shall not be higher than four feet, and shall be constructed of wooden turned post and rail design.

Section 13. Antennas and Satellite Dishes. In no case shall a satellite dish exceed 30" in diameter.

Section 14. Dog Kennels. Dog kennels are allowed provided they do not exceed 10 feet by 20 feet in size and are located in the rear yards and screened or fenced form the neighbors' view. Such kennels are to be kept in a clean and odor free condition at all times.

Section 15. Architectural Control Committee Rules. The Architectural Control Committee may make such reasonable rules and bylaws and adopt such procedures as it deems necessary to carry out its functions, which rules, bylaws and procedures may not be inconsistent with the provisions of these covenants.

Section 16. Architectural Control Committee Approval. No buildings, construction, landscaping, parking, fence, wall or other improvements shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added to or maintained on any Lot or area until building and site plans and specifications, and such other information as the Committee may reasonably require, including, without being limited and approved by a majority of the Architectural Control Committee in writing; nor may the same be commenced until the Architectural Control Committee shall have issued a permit allowing such improvements.

Section 17. Minimum Building Standard Requirements. The Architectural Control Committee shall require that all construction complies with the provisions of the following standard codes or their amendments:

Uniform Building Code;
International Conference of Building Officials;
National Plumbing Code;
National Electric Code;
National Fire Protective Association;
Bozeman Building Code.

Section 18. Plan Rejection. The Architectural Control Committee shall have the authority to reject materials, designs submitted with plans, or the plans themselves if they are not compatible with, or are inappropriate for the rest of the subdivision.

Section 19. Construction Compliance. All improvements, construction, reconstruction, alterations, or remodeling requiring the approval of the Architectural Control Committee must be completed in substantial compliance with the plans and specifications initially approved by the Committee. All such construction must be completed within one (1) year from the date construction is commenced.

Section 20. Enforcement. The Architectural Control Committee shall have the power, authority, standing and right to enforce these covenants in any court or law or equity when it reasonable believes the same have been violated, and shall have the authority to revoke or suspend building permits and/or order suspension or cessation of any construction or work in violation of these covenants or of any permit issued by the Committee.

Section 21. Fees. The Architectural Control Committee may require reasonable fees to be paid with the filing of plans and specifications and the issuance of building permits.

Section 22. Liability. The Architectural Control Committee or the individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these covenants, including but not by way of limitation, damages which may result from correction, amendment, change or rejection of plans, the issuance of building permits, or any delays associated with such action on the part of the Committee.

ARTICLE IX - USE RESTRICTIONS

Section 1. Prohibited Commercial Use. No residence or other structure erected on the real property which is the subject of this Declaration shall be used for any commercial endeavor or activity including cottage industry type business, day care, or other business type activity. It is the express intent of the Declarant that the real property which is the subject of this Declaration be devoted to creating a neighborhood consisting of single-family residential units and preserving within the community so created a quiet, peaceful, harmonious existence between the neighbors.

Section 2. Animals. Dogs, cats or other household pets may be kept in reasonable numbers provided they are confined to the Lot of their Owner. Household pets may not be kept, bred or maintained for any commercial purposes. Pets cannot be allowed to become a nuisance or annoyance to neighboring property Owners, nor can they be allowed to wander at large or bark uncontrolled.

Section 3. Storage of Equipment. No Lot or adjacent street, roadway or alleyway shall be used for the storage of any inoperable vehicle, machinery or equipment. No Lot shall be used for storage of any articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of a Lot or the occupants and guests thereof as the case may be, and shall not interfere with the use or enjoyment of neighboring Lots.

Section 4. Commercial Vehicles. No Lot shall be used for the outside parking or storage of any commercial trucks, large commercial vehicles or other heavy equipment, except as may be necessary during reasonable periods of construction. Nothing herein shall prohibit the storage of such vehicles within the confines of a garage approved by the Architectural Committee.

Section 5. Recreational Equipment. All campers, trailers, motor homes, boats, and all other recreational equipment and the like shall only be parked on or adjacent to the Lot in compliance with the applicable zoning code. In no event shall such equipment be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent lots for a period exceeding 3 days in any 30 day period, unless a shorter prohibition is imposed by the City of Bozeman. Storage or location of such equipment and vehicles, in excess of the requirements of this Section, shall occur in an enclosed garage or other screened area with such garage or screen having been pre-approved in writing by the Architectural Committee.

Section 6. Offensive Activity.

a. No noxious odors or offensive activity shall take place upon any portion of the above-described property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood.

b. No fireworks of any kind may be bought, brought into, discharged or stored on the above-described property.

c. No firearms shall be discharged on the above-described property. Any violation of city ordinances, zoning or other regulations shall be a violation of these covenants and can be enforced by the Association or individual Lot Owners.

Section 7. Waterways. The Owner or Occupant of any Lot shall at all times conduct its use and activities in a manner that will preserve the integrity of waterways within the Common Area, including the prevention of any degradation of water quality, any reduction or increase in the flow of said waterways, or any damage to the stream bed or banks of said waterways. The Owner or Occupant of any Lot shall not conduct or permit the conduct of the following activities:

a. The discharge of any liquid, solid, or gas into waterways;

b. The use of any fertilizers or herbicides other than those specifically approved by Declarant, or the polluting of waterways; or

c. Any refuse encouraging activities.

d. A 20 foot easement extending from each bank, for access and maintenance of all waterways has been, and is hereby reserved in perpetuity.

e. No structures shall be placed within 35 feet of the high water mark of any water course within this subdivision.

f. All water rights appurtenant to lands within this subdivision shall be owned, administered and operated by the Homeowners Association.

g. No person, owner or otherwise shall divert any waterway onto any subdivision Lot.

ARTICLE X - PARK LAND MAINTENANCE

The Homeowners Association shall be responsible for the maintaining, preservation, and care needed for the improvements of the common areas and dedicated park land of the Harvest Creek Subdivisions and delineated on Exhibit A "Park." The maintenance shall include, but not be limited to, the mowing, trimming, watering, trash, clean up, fertilizing, and maintenance of all equipment associated there with. The maintenance contract shall be bid and awarded annually, and paid through the Homeowners Association.

ARTICLE XI - GENERAL PROVISIONS

Section 1. Effects of Covenants on Mortgage. A breach of any of the foregoing provisions, conditions, restrictions or covenants shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value on any Lot, or portion of any Lot, and any improvements thereon, but said provisions, conditions, restrictions and covenants shall be binding upon and effective against any Owner thereof whose title thereto was acquired by foreclosure, trustee sale or otherwise.

Section 2. Waiver of Right to Protest. Each Lot Owner waives the right to protest the creation of RID's and SID's as required by the Bozeman City Commission as a condition of final plat approval, including, but not limited to, any district created for a city wide park maintenance or otherwise. Should city create said district the district fees collected by the Homeowners Association for park maintenance shall cease.

Section 3. Incorporation by Reference. In any conveyance of the lands covered hereby, it shall be sufficient to insert a provision therein to the effect that the conveyance is subject to the restrictions and covenants contained in this document, without setting forth such restrictions and covenants verbatim or in substance in such conveyance.

Section 4. Enforcement. Enforcement of these covenants shall be by procedure of law or in equity against any person or persons violating or attempting to violate any covenants, and the legal proceedings may be either to restrain the violation of the covenants or to recover damages, or both. Each person who has been found by a court of competent jurisdiction to have violated one or more of these covenants shall be liable for all attorney's fees and costs incurred in connection with the litigation. The failure of any Owner or Owners of any Lot to enforce any of the restrictions set forth herein shall be personally binding upon any person, persons or corporation, only with respect to breaches committed during its, his or their ownership of or title to any of said tracts and any part thereof.

Section 5. Severability. Invalidation of any of these covenants by a judgment or a court order shall in no way effect any of the other provisions, but they shall remain in full force and effect.

Section 6. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by the Owners of not less than sixty percent (60%) of the Lots, each Lot being entitled to one (1) vote.

Not withstanding the foregoing, the Declarant reserves the right to modify and amend these Covenants at any time during the first five (5) years following the filing of the final plat or upon the sale of seventy-five percent (75%) of the lots which comprise phases 1, 2, 3 and 4, whichever comes first. No amendment or modification to these Covenants shall be effective to the extent the same was a condition of final plat approval required by the Bozeman City Commission without the express written consent of the Bozeman City Commission.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal the 3RD day of OCTOBER 2000.

HOMELANDS DEVELOPMENT CO, LLC. Declarant

STATE OF MONTANA )SS. County of Gallatin )

On this 3RD day of OCTOBER 2000, before me, a Notary Public for the State of Montana, personally appeared known to me to be the managing member of Homelands Development Co., a L.L.C., and acknowledged to me they executed the same pursuant to the power and authority vested in him.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written.

(Seal)

THIS DOCUMENT PREPARED BY: WITTICH LAW OFFICES, P.C. 2621 W. College St., Ste E Bozeman, MT 59718 (406) 585-5598

Notary Public for the State of Montana Residing at Big Sky, Montana My Commission Expires: 10-01-03

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF AND FOR HARVEST CREEK, PHASES I-IV

Date: December 3, 1999

TABLE OF CONTENTS

Declaration
Article I - Definitions
Article II - Membership and Voting Rights
Article III - Homeowners Association
Article IV - Covenant for Maintenance Assessments
Article V - Sidewalks
Article VI - Maintenance
Article VII - Utilities
Article VIII - Architectural Controls
Article IX - Use Restrictions
Article X - Park Land Maintenance
Article XI - General Provisions

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS HARVEST CREEK, PHASES I-IV

Date:

THIS DECLARATION is made on the date hereinafter set forth by HOMELANDS DEVELOPMENT, L.L.C., hereinafter referred to as "Declarant".

WITNESSETH:

WHEREAS, Declarant is the owner of certain property in the County of Gallatin, State of Montana, which is more particularly described as:

Harvest Creek Subdivision Phase 1, located in the SW1/4 of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Plat S-205

ARTICLE I - DEFINITIONS

Section 1. "Association" shall mean and refer to Harvest Creek Owners' Association, Inc., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the properties. Owner shall also include the purchaser under a Contract for Deed.
Section 3. "Property" or "Properties" shall mean and refer to that certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Lot" shall mean and refer to any plat of land shown upon any recorded subdivision of the properties.
Section 5. "Declarant" shall mean and refer to Home Lands Development Company, L.L.C.
Section 6. "Common Areas" shall mean all property that is owned by the Association, which includes, but is not limited to waterway, park land, trails, recreation areas, retention/detention ponds, etc.

ARTICLE II - MEMBERSHIP AND VOTING RIGHTS

Section 2. The term "Directors" shall mean the Directors of the Association and shall consist of the following; during the first 5 years of the development, or until 70% of all Lots of the first 4 phases are sold (230 total Lots in the first 4 phases) which ever occurs first, the Directors shall consist of Tim Howard, Walt Wolf, and a Lot Owner who shall be elected at the annual meeting by a simple majority of the members of the Association, thereafter, the Directors shall consist of 3 Lot Owners, who shall be elected at the annual meeting by a simple majority of the members of the Association. That Board of Directors shall be elected for a term set by a simple majority of the membership but not less than one year. Each Director shall serve until replaced by his successor. Any vacancy in the Board of Directors occurring before the next annual meeting of the members shall be filled by the remaining Directors.

Section 4. The Directors shall serve as the Architectural Control Committee until and unless a majority of the members vote to have a separate Architectural Control Committee.

Section 6. The duties of each of the officers shall be as follows:

a. President. The President shall preside over all meetings of the Association. He shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the Association. He shall perform such duties as may be specified, and exercise such powers as may be delegated to him by the Association.
b. Vice President. The Vice President shall exercise the powers of the President in the absence of the President.
c. Secretary/Treasurer. The Secretary shall give notice of all meetings of the Association. He shall keep a record of the proceedings of the meetings of the Association. He shall be authorized to sign, on behalf of the Association, all records, documents and instruments when such are authorized to be signed by the Association. He shall exercise such other duties as may be designated by the Association. The Treasurer shall keep and maintain adequate and correct accounts of the properties and business of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains and losses of the Association. He shall prepare and render such periodic accountings as shall be required by the Association.
Section 7. A vacancy in any office of the Association shall be filled by appointment by the Board of Directors until the next annual meeting or his/her successor is duly appointed or elected.
Section 8. The annual meeting of the Association shall occur on May 1st of each year. Any special meeting may be called by the President, or in his absence, by the Vice President. In addition, a special meeting shall be held upon call of forty-five percent (45%) of the owners. Special meetings shall require 48 hours notice, in writing. Notice of annual and special meetings shall be mailed to owners at the address for each owner which is listed as such on the official plats and records of Gallatin County, as maintained by the Clerk and Recorder, Gallatin County, or at such address as shall be designated, in writing, by owner. The presence of members representing sixty percent (60%) of the total votes of the membership shall constitute a quorum.
Section 9. If proposed action is favored by a majority of the votes cast at a meeting, but such vote is less than the requisite sixty percent (60%) of the members, members who were not present in person or by proxy may give their assent to any action in writing, provided the same is received by the appropriate officer of the Association not later than thirty (30) days from the date of such meeting wherein the action was voted on.

ARTICLE III - HOMEOWNERS ASSOCIATION

ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien for Personal Obligation of Assessments. The Owner of any Lot by acceptance of a Contract of Sale or a deed therefore, whether or not it shall be so expressed in such deed or contract, is deemed to covenant and agree to pay to the Association (a) annual assessments or charges and (b) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time the assessment fell due.

Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $40.00 per Lot. Notwithstanding any other provision herein, no Lot owned by Declarant, or Mike & Joe Mahar shall be subject to annual or other special assessments unless and until such Lot has been sold or transferred to a third party.

Thereafter, annual assessments shall be determined by the Board of Directors, provided, however, that from and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may not be increased each year more than ten percent (10%) above the maximum assessment for the previous year without the vote or written assent of sixty percent (60%) of the membership.

Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all deeded Lots.

Section 6. Date of Commencement of Annual Assessments - Due Dates. The annual assessments provided herein shall be levied on the first day of January following the closing of the sale to an individual Owner. Voting rights attributable to property interest shall not vest until assessments against those interest have been levied by the Association. The first annual assessment for each Lot shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each deeded Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on specific Lot have been paid.

Section 7. Delinquent Dues and Assessments. After any dues or assessments have been delinquent for a period of two months or more, the Association may mail to the Owner a Notice of Delinquency. After any dues or assessments have been delinquent for a period of four months or more, the Association shall be entitled to file a lien against the Owner's property, provided said Association has given notice of delinquency 30 days in advance, which shall be filed in accordance with the provisions of Title 71, Chapter 3, M.C.A. The Association shall have all rights and remedies as provided herein. The Declarant and each Lot Owner, by entry into an agreement to purchase a Lot and taking title to the same, waive the right to protest any special improvement district created and of public record in existence prior in time to Owner receiving title to any Lot. In this regard, Owner, prior to taking title to a Lot, is advised to review or seek advice with respect to the public record in the Gallatin County Clerk and Recorder's Office. Further, each Lot Owner waives the right to protest the creation of a Park Maintenance District whose purposes will be to maintain, improve, and restore or replace all parks, open space common areas, and trails with this subdivision.

ARTICLE V - SIDEWALKS

Sidewalks, constructed to city standards, shall be installed on both sides of the streets at the time houses are constructed on individual lots. Upon the third anniversary (3 years) of each final plat phase recordation, any Lot Owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the Lot or not. In the event that said Lot Owner shall fail to do so, the Association may do so and the cost shall be added to and become a part of the assessment to which such Lot is subject.

ARTICLE VI - MAINTENANCE

Owners are required to establish lawn or other suitable landscaping for their Lot. They shall also mow, irrigate, control noxious weeds and otherwise maintain their Lot and the right-of-way boulevard that adjoins their Lot so that the landscaping does not detract from the general appearance of the subdivision in the opinion of the Architectural Control Committee. To prevent the potential for groundwater contamination, the amount and type of chemicals applied to yards shall be restricted to acceptable standards. In the event that the need for maintenance or repair or weed control is caused through the willful or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. For purposes of this Article, maintenance and repair caused by willful acts of the Owners shall include maintenance and repairs required as a result of utility repairs or other actions or contractors or agents of the Owner performed outside the boundary of his Lot. In the event that the need for maintenance, repairs, and replacement of common areas and park land, or weed control is needed, the cost shall become a part of the assessment to which all Lots are subject. The covenants and restrictions of this Declaration on exterior maintenance shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association and the Owner of any Lot subject to this Declaration.

ARTICLE VII - UTILITIES

Section 1. Refuse Disposal. No part of the above described property shall be used or maintained as a dumping ground for rubbish, trash or garbage. All waste shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall comply with all applicable laws and regulations.

Section 2. Easements At no time will patios, barbecues or other permanent structures be erected upon any utility easement within the exterior boundary of a Lot. Fencing of a permanent nature shall be permitted only if it is of a type that is easily and quickly removed in the form of panels, gates or other similar units of construction.

Section 3. Restrictions of Utility Easements Each Lot in the above described property shall be subject to an easement for the purposes of constructing, operating, maintaining, enlarging, reducing, removing, laying or relaying lines and related facilities and equipment for utilities including but not limited to those providing heat, communication and electrical power.

ARTICLE VIII – ARCHITECTURAL CONTROLS

Section 1. Temporary Structures; Trailers Forbidden No structure of a temporary character, mobile home, trailer, basement, tent, shack, garage or any other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. All structures must be maintained in a reasonable manner to present a neat and orderly exterior appearance.

Section 2. Landscape Plan Landscaping plans shall be submitted to the Architectural Control Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owner’s first occupancy of the residence. As part of the landscape plan, the requirement for boulevard trees shall be as required by the City of Bozeman.

Section 3. Minimum Residence Requirements All single story family dwellings shall have a minimum of one thousand three hundred (1,300) square feet of floor space, together with at least a double‑car attached garage. All two story family dwellings shall have a minimum of one thousand five hundred fifty (1,550) square feet, with at least eight hundred (800) square feet at or above grade. Except for the allowable square footage on a second story defined above, all square footage requirements must be at or above grade and exclude basements, garages, carports, porches, etc.

It is the intention of this Covenant to ensure that all dwellings shall be of a quality workmanship and materials substantially the same as or better than other dwellings in the development. All plans must be approved by the Board of Directors or their assigned representatives.

Section 4. Exterior Siding The exterior siding of the structure shall consist of wood, wood look alike siding or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal siding. However, no sheet or panel metal siding nor cement block siding is allowed. No panel siding similar to T1‑11 siding or plywood sheet siding is allowed.

Section 5. Roofs of Structures The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed. Exposed aluminum or silver flashing around chimneys or roof valleys shall not be allowed unless colored, textured or painted to match the roof design and color. Rain gutters are allowed, provided the same are colored to match the trim or color of the roof. Steel galvanized gutters are not allowed. The roofs shall have a minimum pitch of 6/12. Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of twelve (12) inches.

Section 6. Foundation of Structures The exterior colors of the structures shall be earth tones, pastels, non‑gloss white or wood colors. No bright or shiny colors or exterior siding shall be allowed. For example, bright oranges, royal blues, pinks, purples and other bright colors are not allowed. Colors are to be compatible with the balance of the neighborhood.

Section 7. Exterior of Structures The exterior design, style and colors of each of the outbuildings and structures on a Lot shall conform to the design, style and colors of the residence. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least six (6) inches. The building should be a visual combination of forms that does not give a “box” appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 8. Entrances The main entrance to the living structures constructed on the real property which is the subject of this Declaration shall be architecturally defined and enhanced by incorporating an entry porch or gable extending over the entrance denoting a clear sense of arrival. It shall provide weather protection and visual definition.

Section 9. Architectural Enhancement Any residential structure constructed on the real property which is the subject of this Declaration shall contain an offset or setback in its architectural design and construction of a minimum of two (2) feet between the residence and attached garage.

Section 10. Height The height of all structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by the City of Bozeman.

Section 11. Accessory Buildings All necessary buildings, such as garages and storage buildings, shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 12. Fencing Backyards and sideyards may be fenced with wood or materials that look like wood. The front yard toward the public road shall not be fenced. No chain link or wire fences shall be allowed. Fences shall be maintained in good condition. Fences within the rear yard setbacks of Lots adjoining the linear park shall not be higher than four (4) feet and shall be constructed of wooden turned post and rail design.

Section 13. Antennas and Satellite Dishes In no case shall a satellite dish exceed thirty inches (30") in diameter.

Section 14. Dog Kennels Dog kennels are allowed provided they do not exceed ten (10) feet by twenty (20) feet in size and are located in the rear yards and screened or fenced from the neighbors’ view. Such kennels are to be kept in a clean and odor free condition at all times.

Section 15. Architectural Control Committee Rules The Architectural Control Committee may make such reasonable rules and bylaws and adopt such procedures as it deems necessary to carry out its functions, which rules, bylaws and procedures may not be inconsistent with the provisions of these covenants.

Section 16. Architectural Control Committee Approval No buildings, construction, landscaping, parking, fence, wall or other improvements shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added to or maintained on any Lot or area until building and site plans and specifications, and such other information as the Committee may reasonably require, have been approved by a majority of the Architectural Control Committee in writing; nor may the same be commenced until the Architectural Control Committee shall have issued a permit allowing such improvements.

Section 17. Minimum Building Standard Requirements The Architectural Control Committee shall require that all construction complies with the provisions of the following standard codes or their amendments:

Uniform Building Code
International Conference of Building Officials
National Plumbing Code
National Electric Code
National Fire Protection Association
Bozeman Building Code

Section 18. Plan Rejection The Architectural Control Committee shall have the authority to reject materials, designs submitted with plans, or the plans themselves if they are not compatible with, or are inappropriate for, the rest of the subdivision.

Section 19. Construction Compliance All improvements, construction, reconstruction, alterations, or remodeling requiring the approval of the Architectural Control Committee must be completed in substantial compliance with the plans and specifications initially approved by the Committee. All such construction must be completed within one (1) year from the date construction is commenced.

Section 20. Enforcement The Architectural Control Committee shall have the power, authority, standing and right to enforce these covenants in any court of law or equity when it reasonably believes the same have been violated, and shall have the authority to revoke or suspend building permits and/or order suspension or cessation of any construction or work in violation of these covenants or of any permit issued by the Committee.

Section 21. Fees The Architectural Control Committee may require reasonable fees to be paid with the filing of plans and specifications and the issuance of building permits.

Section 22. Liability The Architectural Control Committee or the individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these covenants, including but not limited to damages which may result from correction, amendment, change or rejection of plans, the issuance of building permits, or any delays associated with such action.

ARTICLE IX – USE RESTRICTIONS

Section 1. Prohibited Commercial Use No residence or other structure erected on the real property which is the subject of this Declaration shall be used for any commercial endeavor or activity including cottage industry type business, day care, or other business type activity. It is the express intent of the Declarant that the real property which is the subject of this Declaration be devoted to creating a neighborhood consisting of single family residential units and preserving within the community so created a quiet, peaceful, harmonious existence between the neighbors.

Section 2. Animals Dogs, cats or other household pets may be kept in reasonable numbers provided they are confined to the Lot of their Owner. Household pets may not be kept, bred or maintained for any commercial purposes. Pets cannot be allowed to become a nuisance or annoyance to neighboring property Owners, nor can they be allowed to wander at large or bark uncontrolled.

Section 3. Storage of Equipment No Lot or adjacent street, roadway or alleyway shall be used for the storage of any inoperable vehicle, machinery or equipment. No Lot shall be used for storage of any articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of a Lot or the occupants and guests thereof, and shall not interfere with the use or enjoyment of neighboring Lots.

Section 4. Commercial Vehicles No Lot shall be used for the outside parking or storage of any commercial trucks, large commercial vehicles or other heavy equipment, except as may be necessary during reasonable periods of construction. Nothing herein shall prohibit the storage of such vehicles within the confines of a garage approved by the Architectural Control Committee.

Section 5. Recreational Equipment All campers, trailers, motor homes, boats, and all other recreational equipment and the like shall only be parked on or adjacent to the Lot in compliance with applicable zoning code. In no event shall such equipment be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent Lots for a period exceeding three (3) days in any thirty (30) day period, unless a shorter prohibition is imposed by the City of Bozeman. Storage or location of such equipment and vehicles in excess of the requirements of this Section shall occur in an enclosed garage or other screened area pre‑approved in writing by the Architectural Committee.

Section 6. Offensive Activity

a. No noxious odors or offensive activity shall take place upon any portion of the above described property, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood.
b. No fireworks of any kind may be bought, brought into, discharged or stored on the above described property.
c. No firearms shall be discharged on the above described property.

Any violation of city ordinances, ruling or other regulations shall be a violation of these covenants and can be enforced by the Association or individual Lot Owners.

Section 7. Waterways The Owner or Occupant of any Lot shall at all times conduct its use and activities in a manner that will preserve the integrity of waterways within the Common Area, including the prevention of any degradation of water quality, any reduction or increase in the flow of said waterways, or any damage to the stream bed or banks of said waterways.

The Owner or Occupant of any Lot shall not conduct or permit the conduct of the following activities:

a. The discharge of any liquid, solid or gas into waterways;
b. The use of any fertilizers or herbicides other than those specifically approved by Declarant;
c. Any refuse dumping activities.

d. A twenty (20) foot easement extending from each bank for access and maintenance of all waterways is hereby reserved in perpetuity.

e. No structures shall be placed within thirty‑five (35) feet of the high water mark of any water course within this subdivision.

f. All water rights appurtenant to lands within this subdivision shall be owned, administered and operated by the Homeowners Association.

g. No person, Owner or otherwise, shall divert any waterway onto any subdivision Lot.

ARTICLE X – PARK LAND MAINTENANCE

The Homeowners Association shall be responsible for the maintaining, preservation, and care needed for the improvements of the common areas and dedicated park land of the Harvest Creek Subdivisions as delineated on Exhibit A “Park.” The maintenance shall include, but not be limited to, mowing, trimming, watering, trash cleanup, fertilizing, and maintenance of all equipment associated therewith. The maintenance contract shall be bid and reviewed annually and paid through the Homeowners Association.

ARTICLE XI – GENERAL PROVISIONS

Section 1. Effects of Covenants on Mortgage A breach of any of the foregoing provisions, conditions, restrictions or covenants shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value on any Lot, but said provisions shall be binding upon any Owner whose title was acquired by foreclosure or trustee sale.

Section 2. Waiver of Right to Protest Each Lot Owner waives the right to protest the creation of RD’s and SID’s required by the Bozeman City Commission, including any citywide park maintenance district.

Section 3. Incorporation by Reference In any conveyance of lands covered hereby, it shall be sufficient to state that the conveyance is subject to the restrictions and covenants contained herein without restating them.

Section 4. Enforcement Enforcement of these covenants shall be by law or equity. Any person found in violation shall be liable for attorney’s fees and costs.

Section 5. Severability Invalidation of any covenant shall not affect remaining provisions.

Section 6. Amendment These covenants shall run with the land for twenty (20) years and automatically renew for successive ten (10) year periods unless amended by sixty percent (60%) of Lot Owners, subject to City of Bozeman approval where required.

Notwithstanding the foregoing, the Declarant reserves the right to modify and amend these Covenants at any time during the first five (5) years following the filing of the final plat or upon the sale of seventy‑five percent (75%) of the Lots which comprise Phases 1, 2, 3, and 4, whichever comes first. No amendment or modification to these Covenants shall be effective to the extent the same was a condition of final plat approval required by the Bozeman City Commission without the express written consent of the Bozeman City Commission.

IN WITNESS WHEREOF, the undersigned Declarant has hereunto set its hand and seal the 10th day of December, 1999.

HARVEST CREEK
HOMELANDS DEVELOPMENT COMPANY, L.L.C.

By: Walter Wolf

STATE OF MONTANA
) ss.
County of Gallatin )

On this 10th day of December, 1999, before me, a Notary Public for the State of Montana, personally appeared Walter Wolf and ___, known to me to be the respective managing member of Homelands Development Company, L.L.C., a Montana limited liability company, and acknowledged to me that they executed the same pursuant to the power and authority vested in them.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written.

Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: 04-15-2000

(seal)

PREPARED BY:
Arthur V. Whittich, P.C.
2621 W. College Street, Suite E
Bozeman, Montana 59718
(406) 585‑5598

AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF AND FOR HARVEST CREEK, PHASES I–IV

COMES NOW, HOMELANDS DEVELOPMENT CO., L.L.C., as “Declarant,” and hereby amends the Declaration of Covenants, Conditions and Restrictions of and for Harvest Creek, Phases I–IV, as provided by Article XI, Section 6, as said covenants are recorded as Document No. 2003751, records of Gallatin County, Montana.

The Declarant hereby provides that the above referenced Covenants shall apply to the following described property:
Harvest Creek Subdivision, Phases I–IV, and to all future phases of Harvest Creek West Subdivision, located on approximately eighty (80) acres immediately west and adjacent to Harvest Creek Subdivision, all such subdivisions and phases located on property situated in the SW 1/4 of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
The Bylaws of and for Harvest Creek Owners’ Association, also recorded as Document No. 2003752, records of Gallatin County, Montana, shall apply to all properties described above. The intent of the Declarant is that the above referenced Covenants and Bylaws shall be for one association to administer all phases of Harvest Creek Subdivision and Harvest Creek West Subdivision.
Article II, the first sentence of Section 2 shall be amended as follows:
The term “Directors” shall mean the Directors of the Association and shall consist of the following: during the first seven (7) years of the development (starting January 1, 2000), or until seventy percent (70%) of all Lots of the first eight (8) phases are sold (five hundred ninety (590) total Lots in the first eight phases), whichever occurs first, the Directors shall consist of Tim Howard, Walt Wolf, and a Lot Owner who shall be elected at the annual meeting by a simple majority of the members of the Association; thereafter, the Directors shall consist of three (3) Lot Owners, who shall be elected at the annual meeting by a simple majority of the members of the Association.
Article IV, the entire Section 3 is amended as follows:
Assessment Amount. Beginning August 1, 2000, each Owner shall pay a Twenty Dollar ($20.00) per month assessment for each Lot owned, payable quarterly.
Article IV, Section 6 shall be amended as follows:
Date of Commencement of Assessments; Due Dates. The assessments provided herein shall be levied quarterly following the closing of the sale to an individual Owner. Voting rights attributable to property interests shall not vest until assessments against those interests have been levied by the Association. The first assessment for each Lot shall be adjusted according to the number of months remaining in the calendar quarter. The Board of Directors shall fix the amount of the assessment against each deeded Lot at least thirty (30) days in advance of each assessment period. Written notice of the assessment shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific Lot have been paid.
Article IV, Section 7 shall be amended as follows:
Delinquent Dues and Assessments. After any dues or assessments have been delinquent for a period of one (1) month or more, the Association may mail to the Owner a Notice of Delinquency. After any dues or assessments have been delinquent for a period of two (2) months or more, the Association shall be entitled to file a lien against the Owner’s property, provided said Association has given notice of delinquency thirty (30) days in advance, which shall be filed in accordance with the provisions of Title 71, Chapter 3, M.C.A. The Association shall have all rights and remedies as provided herein.
Article VIII, the first sentence of Section 3 shall be amended as follows:
All single story family dwellings shall have a minimum of one thousand three hundred (1,300) square feet of floor space, except for lots in Block 7 and Block 8, which shall be allowed a minimum of one thousand two hundred (1,200) square feet for single story dwellings, together with a double car attached garage.
This Amendment shall not alter nor amend any other terms or conditions of the above referenced Covenants and Bylaws.

DATED this 29 day of August, 2000.

HOMELANDS DEVELOPMENT CO., L.L.C.
By: Tim Howard, Managing Member

STATE OF MONTANA
County of Gallatin

On this 29th day of August, 2000, before me, a Notary Public in and for said State, personally appeared TIM HOWARD, Managing Member of HOMELANDS DEVELOPMENT CO., L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same.

(seal)

Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: 6/2/01

AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF AND FOR HARVEST CREEK, PHASES I–IV

The Declarant hereby provides that the above referenced Covenants shall apply to the following described property: Harvest Creek Subdivision, Phases I–IV, and to all future phases of Harvest Creek West Subdivision, located on approximately eighty (80) acres immediately west and adjacent to Harvest Creek Subdivision, all such subdivisions and phases located on property situated in the SW 1/4 of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
The Bylaws of and for Harvest Creek Owners’ Association, also recorded as Document No. 2003752, records of Gallatin County, Montana, shall apply to all properties described above. The intent of the Declarant is that the above referenced Covenants and Bylaws shall be for one association to administer all phases of Harvest Creek Subdivision and Harvest Creek West Subdivision.
Article II, the first sentence of Section 2 shall be amended as follows:
The term “Directors” shall mean the Directors of the Association and shall consist of the following: during the first seven (7) years of the development (starting January 1, 2000), or until seventy percent (70%) of all Lots of the first eight (8) phases are sold (five hundred ninety (590) total Lots in the first eight phases), whichever occurs first, the Directors shall consist of Tim Howard, Walt Wolf, and a Lot Owner who shall be elected at the annual meeting by a simple majority of the members of the Association; thereafter, the Directors shall consist of three (3) Lot Owners, who shall be elected at the annual meeting by a simple majority of the members of the Association.
Article IV, the entire Section 3 is amended as follows:
Assessment Amount. Beginning August 1, 2000, each Owner shall pay a Twenty Dollar ($20.00) per month assessment for each Lot owned, payable quarterly.
Article IV, Section 6 shall be amended as follows:
Date of Commencement of Assessments- Due Dates. The assessments provided herein shall be levied quarterly following the closing of the sale to an individual Owner. Voting rights attributable to property interests shall not vest until assessments against those interests have been levied by the Association. The first assessment for each Lot shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the assessment against each deeded Lot at least thirty (30) days in advance of each assessment period. Written notice of the assessment shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific Lot have been paid.
Article IV, Section 7 shall be amended as follows:
Delinquent Dues and Assessments. After any dues or assessments have been delinquent for a period of one (1) month or more, the Association may mail to the Owner a Notice of Delinquency. After any dues or assessments have been delinquent for a period of two (2) months or more, the Association shall be entitled to file a lien against the Owner’s property, provided said Association has given notice of delinquency thirty (30) days in advance, which shall be filed in accordance with the provisions of Title 71, Chapter 3, M.C.A. The Association shall have all rights and remedies as provided herein.
Article VIII, the first sentence of Section 3 shall be amended as follows:
All single story family dwellings shall have a minimum of one thousand three hundred (1,300) square feet of floor space, except for lots in Block 7 and Block 8, which shall be allowed a minimum of one thousand two hundred (1,200) square feet for single story dwellings, together with a double car attached garage.
This Amendment shall not alter nor amend any other terms or conditions of the above referenced Covenants and Bylaws.

DATED this 3rd day of October, 2000.

HOMELANDS DEVELOPMENT CO., L.L.C.
By: Walter Wolf, Managing Member

STATE OF MONTANA
County of Gallatin

On this 3rd day of October, 2000, before me, a Notary Public in and for said State, personally appeared WALTER WOLF, Managing Member of HOMELANDS DEVELOPMENT CO., L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same.

Jennifer Hilliard

Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: 6/2/01

AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF AND FOR HARVEST CREEK, PHASE V

[NOTE: Text identical in substance to preceding amendment, executed by Walter Wolf]

DATED this ____ day of __________, 2000.

HOMELANDS DEVELOPMENT CO., L.L.C.
By: Walter Wolf, Managing Member

STATE OF MONTANA
County of Gallatin

On this ____ day of __________, 2000, before me, a Notary Public in and for said State, personally appeared WALTER WOLF, Managing Member of HOMELANDS DEVELOPMENT CO., L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF HARVEST CREEK, PHASE V

THIS DECLARATION is made on the date hereinafter set forth by Homelands Development Co., L.L.C., as “Declarant.”

WITNESSETH:

WHEREAS, Declarant is the owner of certain property in the County of Gallatin, State of Montana, which is commonly referred to Harvest Creek Phase V and more particularly described as follows:

That part of the SW 1/4 of Section 2, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana described as follows:

Commencing at the South Quarter Corner of said Section 2; thence Westerly 269°27'06" assumed azimuth from north, 867.75 feet along the south line of said Southwest Quarter to the point of beginning of the property to be described; thence continuing westerly 269°27'06" azimuth 1,696.00 feet along said south line; thence northerly 001°13'17" azimuth 340.39 feet; thence easterly 089°27'06" azimuth 913.25 feet; thence northerly 001°13'17" azimuth 2.84 feet; thence easterly 089°27'06" azimuth 273.72 feet; thence easterly 078°18'54" azimuth 221.29 feet; thence southerly 172°28'29" azimuth 20.84 feet along the boundary of Harvest Creek Subdivision Phase 1, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana; thence southeasterly 122°31'44" azimuth 63.82 feet along said boundary; thence easterly 089°28'00" azimuth 224.35 feet along said boundary; thence southerly 179°17'16" azimuth 330.23 feet along said boundary to the point of beginning.

NOW THEREFORE, Declarant hereby declares that all of the properties described above, and shown on the attached, marked "Exhibit A" shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof.

ARTICLE I

The property, Harvest Creek Phase V, shall be subject to those Covenants, Conditions and Restrictions for Harvest Creek, Phases I–IV and any subsequent amended Covenants, Conditions and Restrictions for Harvest Creek, Phases I–IV, specifically those Covenants and Amended Covenants recorded on December 3, 1999 as Document No. 2003751; August 23, 2000 as Document No. 2022236; August 29, 2000 as Document No. 2019638; and October 5, 2000 as Document No. 2022237.

ARTICLE II

Each owner of real property shall be a member of the Homeowners Association as established and consistent with the recorded and amended Covenants for Harvest Creek Phases I–IV and for future phases.

ARTICLE III

No owner of real property in Harvest Creek Phase V shall take any action that may impact any downstream water user facilities.

ARTICLE IV

Front and Rear Yards. The front yard of each individual corner Lot shall be the yard coinciding with the front yards established by the interior subdivision Lots on that particular block. The side yard of each individual corner Lot shall be the yard not established as the front yard or rear yard. Side yard setback shall be seven and one‑half (7½) feet. Each Owner shall, prior to submitting plans to the City of Bozeman Planning Department, submit yard orientation plans to the Architectural Control Committee.

ARTICLE V

Maintenance of Common Open Space. The Homeowners Association shall maintain all areas of common open space in accordance with these Covenants.

ARTICLE VI

Durston / West Oak Set Back. All Lots adjoining Durston Road and West Oak Street shall have a twenty‑five (25) foot setback along the respective right‑of‑way. No structures may be placed in said setback.

ARTICLE VII

Exterior Lighting. All structures shall comply with Section 18.50.030, Glare and Lighting, of the City of Bozeman Zoning Ordinance or any subsequently adopted ordinance section prescribing regulations on glare and lighting.

IN WITNESS WHEREOF, the undersigned, being the Declarant, has hereunto set its hand this 12th day of June, 2002.

Walter Wolf, Managing Member

HOMELANDS DEVELOPMENT CO., L.L.C.

STATE OF MONTANA
County of Gallatin

On this 12 day of June, 2002, before me, a Notary Public in and for said State, personally appeared WALT WOLF, Managing Member of HOMELANDS DEVELOPMENT CO., L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged that the company executed the same.

(seal)

Notary Public for the State of Montana
My Commission Expires: 5-26-2003