Declarations & Restrictions

THIS HOMES ASSOCIATION DECLARATION, made as of this ________ day of

______ ,2003, by Blue Sky Development, LLC.

WHEREAS, Blue Sky Development, LLC ("Developer") is the owner ofthe real property described on

Exhibit "A" attached hereto, platted as "ROCKWOOD ESTATES", and has filed a certain Declaration of

Restrictions for ROCKWOOD ESTATES in the office of the Register of Deeds of Miami County,

Kansas; and

WHEREAS, the Developer is now developing portions of the above-described land, and Developer

desires to create and maintain a residential neighborhood possessing features of more than ordinary value

to the said community; and

NOW, THEREFORE, in order to assist it and its grantees in providing the means necessary to bring about

the development of the above-described land, the Developer does now and hereby subjects all of the land

described on Exhibit "A" attached hereto to the covenants, charges and assessments set forth and

contained in this Declaration, subject, however, to the limitations hereinafter specified.

DEFINITIONS OFTERMS USED.

The term "District" as used in this Declaration shall mean all of the real property described on Exhibit

"A" attached hereto, referred to as "ROCKWOOD ESTATES". The term numbered lots or part or parts of

one or more numbered lots, as platted, upon which a residence may be erected in accordance with the

"Restrictions" hereinafter defined. The term "four-plex" shall mean the lots designated as lots 98 through

1 04 as platted. The term "villa" shall mean lots 75 through 97 and lots 105 through 113 as platted. The

term "Association" shall mean and refer to the ROCKWOOD ESTATES HOMES ASSOCIATION. The

term "Public Places" as used herein shall be deemed to mean all street right of way, and similar places the

use of which is expressly dedicated to or set aside for the use ofthe general public on said plat. The term

"Open Space" as used herein shall mean the areas designated as such on said plat, located within the

District, which Open Space shall be owned, managed and maintained by the Rockwood Estates Homes

Association for the use, benefit and enjoyment of the present and future owners ofland within the District.

The term "Owners" as used herein shall mean those persons, entities or corporations who may from time

to time own land within the District. The term "Restrictions" as used herein shall specifically include

those contained in the "Declaration of Restrictions" of ROCKWOOD ESTATES filed in the office of the

shall mean Blue Sky Development, LLC, or its assigns.

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SECTION 1. MEMBERSHIP IN ASSOCIATION

The owners of all the land herein above described shall be the members of an association, which has

heretofore been or will be established and known as the “ROCKWOOD ESTATES HOMES

ASSCOIATION”. The Association has been heretofore or will be incorporated under the laws of the State

of Kansas as a corporation not for profit. Membership in the Association shall be limited to the Developer

and Owners of land within the boundaries of the District.

SECTION 2. VOTING RIGHTS

The Rockwood Estates Homes Association shall have two (2) classes of voting membership, as follows:

Class A. Each Owner of a Lot in Rockwood Estates shall be a Class A member. Each Class A member

shall be entitled to one vote for each Lot owned by him, her or it in fee simple title. Provided, however,

that until a residence is completed and occupied in good faith on a Lot, the Developer shall be entitled to

the vote of the Lot Owner, and purchase of a Lot subject to this Declaration shall constitute the

purchaser's proxy to Developer for the aforesaid purpose. When more than one person holds such interest

in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they among

themselves determine but in no event shall more than one vote be cast with respect to anyone Lot.

Class B. The Developer shall be a Class B member. The Developer shall have the right to appoint a

majority of the Board of Directors of the Association and shall have the right to approve and power to

veto any and all actions of the Association. At least one member of the Board of Directors shall be elected

by the Class A members. Class B membership of the Developer shall continue until Developer owns no

land in the District or until Developer relinquishes its Class B membership, whichever first occurs. For

purposes of voting requirements herein, the Class B member shall have twenty (20) votes for each Lot

owned by it, in addition to the right to approve and power to veto set forth above.

1. The voting rights of a Class A member shall be suspended for any period during which any assessment

described herein, including interest and fees, remain unpaid.

2. The Association upon approval of its Board of Directors, shall have the right to charge reasonable fees

and determine the rules for the use of any recreational facility, including ponds, picnic grounds and

walking paths, located within the Open Space.

3. At any regular or special meeting of the Association, members may cast their vote in person or by

proxy.

4. Except as hereinbefore provided, the Association shall be the sole judge of the qualification of its

members and of their rights to participate in its meetings and proceedings.

5. Unless the context clearly indicates to the contrary, decisions by the Association described herein shall

require approval of the requisite percentage of Class A and Class B votes combined, and not separate

requisite percentages of each class.

SECTION 3. LAND ENTITLED TO BENEFITS

No land shall be entitled to any of the benefits, improvements or services provided by the Association

unless the Owner thereof shall have subjected his, her or its land to the terms of this Declaration and to

the assessments herein provided for. For purposes hereof, accepting title to land within the District after

the recording of this Declaration shall satisfy the foregoing

SECTION 4. USE OF THE OPEN SPACE

The owners of land within the District shall have the exclusive right to the use of the Open Space within

the District. The Rockwood Estates Home Association shall have the right and the power to make

reasonable rules and regulations which shall govern the use of the Open Space and implement the terms

of this Declaration and the Declaration of Restrictions as the context requires.

SECTION 5. POWERS AND DUTIES OF THE ASSOCIATION

1. The Association shall have the following powers and duties:

a) To care for, spray, trim, protect, replace, and replant trees, shrubbery, bushes, flowers, berms,

grass and sod in the Open Space set aside for the exclusive use of the Owners in the District.

b) To provide the following services for the lots containing four-plexes and villas: lawn mowing,

fertilizing, edging, winterizing of irrigation system and snow removal on driveways (if over 2" of snow).

c) To provide, maintain, protect and, when necessary, design, construct, reconstruct and replace

protective lighting within the District when adequate service of that type is not available from any public

source.

d) To provide for the maintenance of any gateways, entrances, landscape easements, drinking

fountains, and ornamental features now existing or which may hereafter be erected or created in said

District in any public street or park, or on any land set aside for the exclusive use of the Owners in the

District; and also to provide for the maintenance of any stormwater detention basins, lakes, ponds,

streams or natural water-courses within the District, including dams and flood control structures

necessary or desirable therefore.

e) To provide for the operation and maintenance of and also to establish and enforce rules for the

use by the members of any playgrounds, lakes, ponds, beach areas, green areas, walking paths and

parking areas which now exist or which may hereinafter be included, created, owned or erected by the

Association in the District.

f) To acquire and own the title to such real estate as may be reasonably necessary in order to carry

out the purposes of the Association, and to pay taxes on such real estate as may be owned by it; and to

pay such taxes as may be assessed against the Open Space within the District. Provided, however, that

nothing herein shall prevent the Association from protesting such taxes and seeking relief there from. And

provided, further, that in the event the Association desires to purchase real property with Association

funds, it shall do so only with the approval of2/3 of Class A members; however, nothing shall prohibit the

Developer from conveying real property to the Association without the approval of its members.

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g) To enforce, either in its own name or in the name of any Owner within the District, any or all building or

other restrictions which may have been heretofore or may hereafter be imposed upon any of the land in such

District, either in the form as originally placed thereon or as modified subsequently thereto, and impose and

collect fines for violations of such restrictions; provided, however, that this right of enforcement shall not serve to

prevent such changes, releases or modifications as are permissible in the deeds, declaration, contract, plats or

certificate of survey in which such restrictions or reservations are set forth, nor shall it serve to prevent the

assignment of those rights by the proper parties, wherever and whenever such rights of assignment exist. The

expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as

provided for herein. Nothing herein contained shall be deemed or construed to prevent any Owner having the

contractual right to do so from enforcing in his or her own name any such restrictions.

h) To manage and control as trustee for its members all improvements, including storm water improvements,

located upon the Open Space in the District and the area defined in Exhibit "B", provided that such management

and control of said improvements shall at all times be subject to that had and exercised by the county and state, or

either of them, in which the land within the district is located.

i) To mow, care for, maintain and remove rubbish from the Open Space and to do any other things

necessary or desirable in the judgment of the Board of Directors of the Association to keep the Open Space

and the parking in front of the Open Space in the District neat in appearance and in good order.

j) To exercise control over such easements as it may acquire from time to time.

k) To provide for the collection and disposal of rubbish and garbage, in the discretion of the Board of

Directors of the Association.

l) To levy and collect the assessments which are provided for in this Declaration.

l) To pay the Developer an administration fee not to exceed ten percent (10%) of the assessments billed

each quarter.

2. The association shall have the following additional powers and duties which it may exercise and

perform whenever in its discretion it may deem it necessary or desirable, to-wit:

a) To provide for the plowing and removal of snow from the sidewalks and streets, when such services are

not available from any public source.

b) To provide such lights Association may deem advisable on gateways, entrances or other features, and in

other Public Places, when such facilities are not available from any public source.

c) To provide for the cleaning of streets, gutters, catch basins and sidewalks and for the repair and

maintenance of storm sewers and appurtenant drainage facilities, when such services are not available from any

public source.

d) To erect and maintain signs for the marking of streets, and safety signs for the protection of children and

other persons when such signs are not available from any public source.

e) To employ duly qualified peace officers for the purpose of providing such police protection as the

Association may deem necessary or desirable in addition to that rendered by public authorities.

f) Authority to contract with consultants, managers, accountants and attorneys.

SECTION 6. METHOD OF PROVIDING GENERAL AND SPECIAL FUNDS

1. For the purpose of providing a general fund to enable the Association to exercise the powers and maintain the

improvements and render the services herein provided for, each Lot within the District, owned by a Class A member shall

be subject to an annual general fund assessment which may be levied by the Association from year to year, which

assessment shall be paid to the Association quarterly or at such other times as the Association may determine in advance.

Anything to the contrary herein notwithstanding, the Developer, in its sole discretion, shall fix the amount of annual

assessment, for so long as Developer owns land within the District.

The initial assessment shall not exceed the following:

a) Each Villa. $240.00 every three (3) months. Services to be provided by the Association shall include lawn

mowing, fertilizing, edging, winterizing of irrigation system, snow removal on driveways (if over 2") and maintenance of

surrounding berms and entryways.

b) Each Four-Plex. $600.00 every three (3) months. Services to be provided by the Association shall include lawn

mowing, fertilizing, edging, winterizing of irrigation system, snow removal on driveways (if over 2") and maintenance of

surrounding berms and entryways.

c) All other lots. (Excluding tract “A”) $100.00 every twelve (12) months.

The initial annual assessment cannot be increased by more than 50% per year without the approval of51% of the Class A

members. Thereafter, the Board of Directors of the Association shall from year to year fix and determine the total amount

required in this general fund and may levy and collect an annual assessment for each type of Lot owned by a Class A

member. Assessments shall commence on the date the deed is recorded in regard to a particular lot. The assessment for the

three (3) month period in which the deed is recorded shall be determined on the basis of the date of the recorded deed. The

assessment for such will be prorated on a 90 day basis.

2. After the Board of Directors is empowered to fix and fixes the first annual assessment, subsequent annual

assessments may be increased by the Board of the Association on all the Lots in the District by an amount not

exceeding fifty percent (50%) of the preceding year annual assessment which the Association may levy against

such Lot and collect from year to year; provided, that the annual assessment upon each Lot as aforesaid may be

increased on all the Lots in the District by an amount not exceeding one hundred percent (100%) of the previous

annual assessment applicable to said Lot, provided that at a meeting of the members specially called for that

purpose, prior to the date on which the assessment is levied for the year for which such increase is proposed,

seventy-five (75%) of the votes of the Class A members present in person or by proxy at such meeting may

authorize such an increase by an affirmative vote therefore.

3. The Association shall be empowered to levy and collect special assessments for capital improvements or

repairs in such amounts as are deemed reasonably necessary by the Developer for so long as the Developer owns

land within the District (including any additions to the District made by the Developer) and thereafter by the

Board of Directors of the Association. It is understood that if the Association does not levy and collect special

assessments for capital improvements or repairs to cover the cost of a dan1 failure or maintenance of the detention

area (either onsite or offsite), the City of Paola, Kansas, if it deems the area to be a danger to public health, safety

and welfare, can complete the necessary improvements and repairs and assess the cost thereof to the Owners.

4. Unless the increases provided for in Paragraph 2 of this Section 7 are specifically limited by the

resolutions in which they are contained to be for a specified period, they shall continue to be effective until

rescinded by the Association, at a meeting specially called for such purpose, by an affirmative vote of seventy-

five percent (75%) of the members present in person or by proxy, and in either such event the rescission shall be

effective commencing on the first day of the next succeeding year.

5. Whenever the Board of Directors of the Association may deem it advisable to submit to the members a

proposal under Paragraph 2 of this Section 6 for increasing or decreasing the amount of the annual assessments, it

shall notify the members of the Association by mailing to such members at the last known address, with United

States postage prepaid thereon, a notice of such meeting, giving the time and place at which it is to be held and the

fact that an increase or decrease in the amount of the annual assessment is to be voted upon at such meeting; such

notice must be deposited in the United States mail at the a post office located in the State of Kansas, not less than

fifteen (15) days prior to the date of such special meeting.

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6. The first general assessment hereunder shall be for the calendar year beginning no earlier than July 1,

2003, and shall be due and payable thirty (30) days after such assessment; future assessments shall be due and

payable quarterly thereafter. Within fifteen (15) days from the levying of each assessment, the Association shall

notify all Owners of assessable Lots whose addresses are listed with the Association of the amount of such

assessment. Failure of the Association to levy the assessment prior to January 1⁵¹ of each year for the next

succeeding fiscal year beginning on January 1⁵¹ shall not invalidate any such assessment subsequently made for

that particular year; nor shall failure to levy an assessment for anyone year affect the right of the Association to do

so for any subsequent year. When the assessment is levied subsequent to the 1⁵¹ day of December which precedes

such fiscal year, then such assessment shall become due and payable not later than thirty (30) days from the date

of levying the assessment. The Board of Directors of the Association may elect to permit collections in monthly,

quarterly, semi-annual or annual payments.

7. A written or printed notice, deposited in the United States Post Office, with postage prepaid thereon, and

addressed to the respective Owners at the last address listed with the Association, shall be deemed to be sufficient

and proper notice for these purposes, or for any other purpose of this Declaration where notices are required,

unless otherwise provided herein.

8. The Owner of each Lot subject to an annual assessment as herein provided in Paragraph 1 of this Section

6 shall by acceptance of a Deed to such Lot be taken to have agreed and does by these presents agree to pay to the

Association all assessments placed against such Lot in accordance herewith, and said Association is hereby

granted the power to proceed against such Owner personally for the collection of said assessments, said against

such Owner personally for the collection of said assessments, said right to be in addition to and not to be

construed as a limitation upon remedies and rights of said Association otherwise herein granted.

SECTION 7. LIEN ON REAL ESTATE

1. The assessment provided for herein shall become a lien on the real estate against which it can be levied as

soon as it is due and payable as above set forth; provided, however, that such lien shall be inferior or subordinate

to the lien of any valid first mortgage now existing or which may hereafter be placed on said real estate. In the

event of the failure of any Owner to pay the assessment within thirty (30) days from the date same is levied, then

such assessment, from the thirtieth (30^th) day after it has been levied, shall bear interest at the maximum rate of

interest then allowed in Kansas on judgments.

2. Within thirty (30) days from the date of levying the assessment for the calendar year during which and for

which the assessment is levied, the assessments shall become delinquent and payment of both principal and

interest may be enforced as a lien on said real estate, in proceedings in any court in Miami County, Kansas having

jurisdiction of suits for the enforcement of such liens. It shall be the duty of the Association to bring suits to

enforce such liens before the expiration thereof The Association may at its discretion file certificates of

nonpayment of assessments in the office of the Register of Deeds whenever any such assessments are delinquent.

For each certificate so filed, the Association shall be entitled to collect from the Owner or Owners of the property

described therein an additional fee of the greater of Two Hundred Dollars ($200.00) or one year's general

assessment as described in Section 6(1) above, which additional fee is hereby declared to be a lien upon the real

estate so described in said certificate, provided that such lien shall be inferior and subordinate to the lien of any

valid first mortgage now existing or which may hereafter be placed on said real estate. Such additional fee shall be

collectable in the same manner as the original assessments provided for herein and in addition to the interest and

principal due thereon.

3. Such liens shall continue for a period of five (5) years from the date of delinquency or the maximum

amount allowed by law, whichever is longer, unless within such time suit shall have been instituted for the

collection of the assessment, in which case the lien shall continue until the termination of the suit and until the

sale of the property under execution of the judgment establishing same.

SECTION 8. EXPENDITURES LIMITED TO ASSESSMENTS FOR CURRENT YEAR

The association shall at no time expend more money witilln any calendar year than the total amount of the

assessment for that particular year plus any surplus which it may have on hand from previous

assessments; nor shall said Association enter into any contract whatsoever binding the assessment of any

future year to pay for any such obligation, and no such contract shall be valid or enforceable against the

Association except for contracts for periods up to three (3) years for utilities, trash removal and

equipment and property maintenance, it being the intention that the assessment for each year shall be

applied as far as practicable toward payment of the obligations of that year, and that the Association shall

have no power to make a contract affecting the assessment of any future or subsequent year expect for the

purposes set forth above.

SECTION 9. ASSOCIATION TO NOTIFY MEMBERS OF ADDRESS

The Association shall notify all Owners of land in the District as it may exist from time to time, insofar as

the addresses of such Owners are listed with said Association of the official address of said Association,

the place and time of the regular meetings of the Association, and the place where payments shall be made

and any other business in connection with said Association may be transacted, and in the case of any

change of such address the Association shall notify all the Owners of the land within the District, insofar

as their addresses are listed with the Association, of the new address.

SECTION 10. DEVELOPER ACTING FOR ASSOCIATION

Until relinquished as set forth below, the Developer shall have the right, at its option, to perform duties,

assume the obligations, levy and collect the assessments, and otherwise exercise the powers herein given

to the Association, in the same way and mam1er as though all of such powers and duties were hereby

given directly to the Developer. The Association contemplated by the terms of this Declaration shall not

assume any of the rights herein provided for without the consent of the Developer and its relinquishment

in writing of such rights. The Developer may, by appropriate agreement made expressly for that purpose,

assign or convey to the Association any or all of the rights, reservations and privileges reserved by it in

this Section 10, and upon such assignment or conveyance being made, the Association shall exercise and

assume such rights. Developer may assign its rights hereunder to a successor developer, and in such

event, the Developer shall automatically be relieved of any duties hereunder.

SECTION 11. TO OBSERVE ALL LAWS

Said Association shall at all tin1es observe all state, county and other laws, and if at any time any of the

provisions of this Declaration shall be found to be in conflict therewith, then such parts of this Declaration

as are in conflict with such laws shall become null and void, but no other part of this Declaration not in

conflict therewith shall be affected thereby. The Association shall have the right to make such reasonable

rules and regulations, penalties for violation thereof and provide such means and employ such agents as

will enable it to adequately and properly carry out the provisions of this Declaration, subject, however, to

the limitation of its rights to contract as are herein provided.

SECTION 12. AMENDMENT

Upon the affirmative vote of 66% of the votes of Class A members in person or by proxy at a meeting

called for such purpose, and with the approval of the Class B member (so long as Class B membership

exists), evidenced by a Declaration duly executed and acknowledged by such Class A and Class B

members and recorded in the office of the Register of Deeds of Miami County, Kansas, this instrument

may be modified and amended.

SECTION 13. HOW TERMINATED

This Declaration may be terminated, and all of the land now or hereafter affected may be released from

all of the terms and provisions thereof, by the affirmative vote of ninety percent (90%) of the outstanding

total votes of Class A and approval of the Class B member (so long as Class B membership exists), and

shall be evidenced by an appropriate agreement or agreements for that purpose and filing the same for

record in the office of the Register of Deeds of Miami County, Kansas.

SECTION 14. OTHER LANDS – HOW THEY MAY BE ADDED

The Developer, at its discretion, may from time to time add to the District such land as now or hereinafter

owned or approved for addition by it, provided that the land so added to the District shall at that time be

bound by all the terms of this Declaration and all amendments thereto.

SECTION 15. COVENANTS RUNNING WITH THE LAND

All of the provisions of this Declaration shall be deemed to be covenants running with the land and shall

be binding upon the Developer and upon its successors and assigns.

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OPTION TO EXCLUDE APPLICABILITY OF THE TERMS AND CONDITIONS OF THE

FOREGOING DECLARATION TO CERTAIN REAL PROPERTY

The Developer specifically reserves the right to carry on its business in the subdivision, so long as Developer

owns land within the subdivision or new homes are being constructed, including, but not limited to, maintaining

sales offices, model homes, business offices and other facilities necessary or convenient for the business of

Developer.

DECLARATION OF RESTRICTIONS

ROCKWOOD ESTATES

WHEREAS, a plat of land known as ROCKWOOD ESTATES has been

filed with the Register of Deeds of Miami County, Kansas on the __________ day of

_____________ ,2003 at _______o'clock __.m. on Slide No. _______________; and

WHEREAS, said plat creates said ROCKWOOD ESTATES composed of land described on Exhibit "A" attached hereto; and

WHEREAS, said plat dedicates to the public all of the streets and roads shown on said plat for use by the public; and

WHEREAS, Blue Sky Development, LLC ("Developer") is the owner of all of the lots and land shown on the aforesaid plat and

now desires to place certain restrictions thereon, all of which restrictions being for the use and benefit of the Developer, and for its

future grantees and assigns.

NOW, THEREFORE, in consideration of the premises, Developer, for itself and its successors, grantees and assigns, hereby

agrees that all of the lots and land shown described on Exhibit "A" shall be and they are hereby restricted as to their use in the

manner hereinafter set forth.

DEFINITION OF TERMS USED:

"Developer" shall mean BIue Sky Development, LLC and its assigns.

The word "street" shall mean any street, road, drive, or terrace of whatever name, as shown on said Plat of Rockwood

Estates.

The word "outbuilding" shall mean an enclosed or unenclosed, covered structure, not directly attached to the residence to

which it is appurtenant.

The term "Open Space" shall mean all such areas as shown on the recorded plat including, but not limited to, tracts B through J.

The word "lot" may mean either any numbered lot as platted, or any tract or tracts of land as conveyed, which may consist of one or

more numbered lots, as platted, or part or parts of one or more numbered lots, as platted, and upon which a residence may be erected

in accordance with the restrictions hereinafter set forth. A "comer lot" shall be deemed to be any lot as platted, or any tract of land as

conveyed, having more than one street contiguous to it. A "four-plex" shall mean the lots designated as lots 98 through 1 04 as platted.

A "villa" shall mean lots 75 through 97 and lots 1 05 through 113 as platted.

The terms "district" or "subdivision" as used in this agreement shall mean all of the land described on Exhibit "A" attached hereto

(hereinafter referred to as "ROCKWOOD ESTATES"). The term "improved property" as used herein shall be deemed to mean a

single tract under a single ownership and use, and on which tract a residence has been erected or is in the process of erection or on

which any other building not in violation of the restrictions then of record thereof is erected or is in the process of erection. Any such

tract may consist of one or more contiguous lots or part or parts thereof. Any other land covered by this agreement shall be deemed to

be vacant and unimproved.

The term "Association" shall mean the Rockwood Estates Homes Association, a Kansas not-for-profit corporation.

The term "public places" as used herein shall be deemed to mean all street

The term "owners" as herein used shall mean those persons, corporations or entities who or which may from time to time own the land

within the district.

PERSONS BOUND BY THESE RESTRICTIONS:

Those who execute this instrument and all person and entities who or which may own or shall hereafter acquire any interest in the

above-described lots and land hereby restricted shall be taken to hold and agree and covenant with the owners of said lots and land,

and with their successors and assigns, to conform to and observe the following covenants, restrictions, and stipulations as to the use

thereof and the construction of residences and improvements thereon for a period of time ending on December 31, 2022,

provided, however, that each of said restrictions shall be renewable or amended in the manner hereinafter set forth.

DURATION:

The covenants and restrictions are to run with the land and shall be binding on all owners within this subdivisions and

their grantees, heirs and assigns and all persons claiming under them until December 31, 2022, and shall be automatically

continued thereafter for successive periods of twenty (20) years each, unless the owners of the fee title to two-thirds (2/3)

of said lots shall by resolution at a special meeting called for that purpose upon mailed notices to all such owners, release,

change, amend or alter any or all of the said restrictions, to be effective at the end of any such twenty (20) year period.

Such release, change, amendment or alteration shall be in writing, shall be signed and acknowledged by the owners of the

lots agreeing thereto, and shall be filed with the Register of Deeds of Miami County, Kansas within two (2) years prior to

the expiration of said twenty (20) year period. Provided, this document may be amended at any time upon the affim1ative

vote of seventy percent (70%) of the owners of the fee title to said lots within the plat of land subject to these restrictions.

Such amendment shall be in writing, shall be signed and acknowledged by the owners of the lots agreeing thereto, and

shall be filed with the Register of Deeds of Miami County, Kansas. The following restrictions or protective covenants

shall be kept by all persons owning, occupying or using said lots and land and may be enforced by injunction, mandatory

or otherwise; the Association may recover its costs and reasonable attorney fees in connection with such proceedings.

In the event any of the restrictions herein become, in the opinion of the Association, obsolete or unlawful due to

technological advancements or a change in the law, the Association may file a Declaratory Judgment action in the District

Court of Miami County, Kansas, seeking a determination of such obsolescence or illegality; the ruling of the Court shall

be final and binding, and this Declaration shall be automatically amended to be consistent with such ruling.

If any party hereto, or any of its grantees or assigns, shall violate or attempt to violate any covenants herein, it shall be

lawful for any other person or persons owning any real estate covered by these restrictions to prosecute any proceedings at

law or equity against the person or persons violating or attempting to violate any such covenants and either prevent him,

her, it or them from so doing or to recover damages for such violation.

Invalidation of any one of these restrictions by judgment or court order shall in no way affect any of the other provisions,

which shall remain in full force and effect.

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1. All lots in Rockwood Estates shall be used for residential one-family residences except for the four-plexes. Except

for the four-plexes, no building shall be erected, altered, placed, or permitted to remain on any lot, other than one detached

single family dwelling not to exceed two (2) stories in height and an attached private garage for not less than two cars and

a storage building/play house as referenced in Paragraph 3.T. below.

2. No lot shall be in any "way subdivided unless an owner purchases a lot and one-half (112) of an adjacent lot.

3. No building, structures, appurtenance or improvement of any type shall be erected, placed or altered on any lot

until construction plans, the builder, specifications, schedule of exterior materials, schedule of each tone colors and a plan

showing location on the lot, have been approved by the Architectural Control Committee ("ACC"), hereafter defined. The

ACC shall have the absolute discretion to approve or disapprove such plans and builder, and shall consider same in

connection with these restrictions, quality and type of workmanship and materials, harmony of external design and colors

with existing structures and landscape, and location with respect to topography and finished grade elevation. The front

width of the garage of the residence can not exceed 50% of the entire front width of the residence. At least 30% of the

front elevation of each residence shall be faced with brick, stone, or a pre-cast brick/stone substitute approved in advance

by the ACC. All roofs must be red cedar wood, wood shakes or GAF Original Timberline 30 year self-sealing asphalt

shingles in a wood blend color.

A. The ACC will be composed of the Board of Directors of the Rockwood Estates Homes Association ("Board of

Directors"), or a subcommittee designated by it. Until such time that there exists a Board of Directors of the

Rockwood Estates Homes Association, Developer will act as the ACC. In the event of death or resignation of any

member of the Committee, the remaining members shall have full authority to designate a successor. Neither the

members of the committee, nor its designated representatives shall be entitled to any compensation for services

performed pursuant to this covenant. The committee shall establish rules and regulations pertaining to the filing of

plans, hearings, notice and other procedures.

B. Building setbacks shall be as prescribed by the applicable plat or the regulations of Paola, Kansas, whichever is

more restrictive.

C. For purposes of setbacks, eaves, steps and open porches shall not be considered a part of a building; provided,

however, that this shall not be construed to permit any portion of a building or structure to encroach upon another

lot.

D. No fencing shall be permitted upon any of the lots other than wrought iron fencing or red cedar fencing unless

approved by the ACC. Chain link or block fencing is specifically disallowed. No fence shall exceed 48" in height

unless specifically approved for a greater height by the ACC. No animal pens or runs shall be permitted without

ACC approval.

E. All houses shall have external driveways consisting exclusively of properly constructed surfaces; all lots,

regardless of house location thereon, shall be fully sodded with nursery grown Kentucky bluegrass sod or another

ground cover to be approved by the ACC. Invasive grasses such as bermuda, buffalo and zoysia are strictly

prohibited. Vegetable gardens may not be closer than five (5) foot from any property line.

F. The Board of Directors may establish rules and regulations for the use of a portion of a home by the owner thereof

in furtherance of his or her occupation; provided, however, that such use shall not otherwise result in the violation

of these restrictions or pem1it advertising (on or off site) or visitation by customers or clients at the home.

G. The above lots may be improved, used or occupied only for private residence, and not apartment complex or

commercial development structure may be erected thereon. The only exception is for the four-plexes on lots 98

through 104.

H. No trailer, basement, tent, shack, garage, barn or outbuilding shall at any time be used as a residence, temporarily

or permanently, nor shall any residence of temporary character be permitted.

I. No dwelling or residence shall be occupied until fully completed, except for exterior painting and minor trim

details, and such dwelling or residence must be fully completed within nine (9) months after the first earth

excavation is started. In the event of fire, windstorm, or other damage, no building shall be permitted to remain in

a damaged condition longer than three (3) months.

J. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or

other common household pets may be kept, provided they are not kept, bred, or maintained for any commercial

purpose; and further provided that not more than two (2) dogs and/or two (2) cats (or combination thereof) shall be

kept or maintained on any lot. In the event an otherwise permitted animal, in the discretion of the Board, constitutes

a nuisance or endangers the safety or welfare of any resident of the subdivision, such animal shall be removed from

the subdivision by the owner thereof In the event the owner fails or refuses to remove the animal, the Board of

Directors may cause the animal to be removed.

K. No school or other buses, motor homes, mobile homes, boats, autos, campers, camper-trailers, recreational

vehicles, tractors or trucks shall be parked at the curb for more than seventy-two (72) hours at anyone time. No

school bus, camper, motor home, mobile home, boat, camper, camper-trailer, recreational vehicle, tractor, truck

with a capacity in excess of 3/4 ton, truck with camper attached or boat shall be parked or left outside on any lot

for more than forty-eight (48) hours at anyone time; such vehicles shall be stored in a garage if kept on a lot for

more than forty-eight (48) hours. No major repair work shall be done on any car, truck, trailer or other vehicle

while parked outside the garage or in the street. No autos, buses, boats, trucks, race cars, wrecked cars, modified

stock cars, trailers, or vehicles that are not in operating condition, are not registered or whose presence might

create an unsightly appearance or create a nuisance or be a hazard to life or health shall be allowed to be parked or

left on any lot or at the unsightly appearance or create a nuisance or be a hazard to life or health shall be allowed

to be parked or left on any lot or at the curb. No trash, old appliances, junk or other refuse shall be allowed to

accumulate on any lot.

L. No exterior clotheslines or poles may be erected or maintained on any of the lots hereby restricted. However,

flag poles will be allowed, but not in excess of thirty-five (35) feet in height.

M. No exterior Christmas lights and/or holiday decorations may be erected or maintained on any of the lots hereby

restricted, except between November 15^th and January 31^st of the next year.

N. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon

which may be or become an annoyance or nuisance to the neighborhood. Outside trash burning shall be

prohibited, except on lots that have residences under construction and that have obtained a bum permit from the

City of Paola, KS Fire Chief.

O. No radio or television aerial wire, antenna, antenna tower, satellite dish (larger than 24" in diameter) or energy

collector, whether permanent or temporary, shall be maintained outside of any structure, except as may be

approved by the ACC with a specific prohibition against said items being located on the front of the residence.

P. No tanks for the storage of oil or other fluids may be maintained on any portion of the premises above or below

the surface of the ground.

Q. No trash, ashes, or other refuse shall be thrown, dumped or placed upon any undeveloped portion of the

subdivision. All trash must be kept in sanitary containers.

R. Lawns shall be kept in good condition as soil, climate and other natural conditions permit, and grass must be kept

shorter than five (5) inches in height. The ACC shall have the authority to cut any grass that is allowed to grow

higher than five (5) inches and they shall be authorized to bill the lot owner on behalf of the Association. If the

bill is not paid by the lot owner within thirty (30) days, then said unpaid bill shall become a lien on the particular

lot which lien may be foreclosed by the Association. In addition, the ACC shall have the authority to do lawn

mowing, fertilizing, edging, winterization of irrigation system and snow removal on driveways (if over 2 inches of

snow) in regard to lots containing four-plexes and villas.

S. Any property owner or property subject to the restrictions here in set forth may construct, for their personal use,

one in-ground swimming pool; no above-ground or above-grade swimming pools shall be permitted. One tennis

court per lot may be allowed on each lot, however, the design and placement thereof shall be subject to the prior

approval of the ACC, and no such tennis court shall have outdoor lighting.

T. No storage buildings or playhouses shall be allowed except as may be approved by the ACC. The architectural

design of any such storage building or playhouse shall be compatible with the architectural design of the residence

located on the lot.

U. No solar panels or solar collectors shall be installed or maintained on the exterior of any residence or on any lot

except as may be approved by the ACC.

V. All basketball goals shall be on freestanding poles, and shaI1not be attached to any residence or building. Poles,

nets, hardware, backboards and braces shall be kept in good condition.

W. No sign of any type (except for one (l) realtor sign per lot and one (l) political sign per candidate) shall be erected,

placed or maintained on any lot or on any structure on a lot without the prior approval of the ACC, except that

subdivision entry signs/markers, directional signs and advertising signs may be erected and maintained by the

Association. For purposes hereof, a "sign" includes any mark, symbol, word(s), drawing or other drawing

intended to communicate to a viewer.

X. No residence or lot or any portion thereof may be leased or rented for a period of less than six (6) months. All

leases or rental agreements shall be in writing, and the owner of the lot shall be responsible for compliance by the

renter or lessee of these restrictions and the rules and regulations of the Association.

Y. No hunting or use of firearms or archery equipment shall be permitted in the subdivision.

Z. No artificial vegetation shall be permitted on the exterior of any lot; exterior sculptures, fountains and other

similar yard decor will not be allowed in the front yard of the residence without the prior approval of the ACC.

AA. Doghouses must be located at least ten (10) feet from any property line and the area around the doghouse shall be

properly maintained.

BB. Foundation plantings along front elevations shall be planted by the builder of the residence at the time of

construction. The builder of the residence shall meet the landscaping standards of the City of Paola, KS, which currently

are one 2.5" caliper canopy tree (shade tree), two 1.5" caliper under story (ornamental trees) and thirteen 3' shrubs.

CC. Decks shall be constructed from red cedar. However, the ACC is authorized to approve other material in its

discretion.

DD. All residences shall have a brass number address plate in style approved by the ACC.

3. Easements for installation and maintenance of utilities and drainage facilities are reserved on the front, side, or

rear of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain

which may interfere with the installation and maintenance of utilities, or which may change the direction of flow of

drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the

easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the

tract, except for those improvements for which a public authority or utility company is responsible.

4. In the St. Andrews Court area (lots numbers 60 through 74), all single story residences shall have a total finished

ground floor area (excluding finished basements) of not less than 1,800 square feet; all two story residences shall have a

finished ground floor area (excluding finished basements) of not less than 1,400 square feet and a total finished floor are

(excluding finished basements)of2,200 square feet; no split levels shall be allowed.

In the remainder of the conventional area (lot numbers 1 through 59), all single-story residences shall have a total finished

ground floor area of not less that 1,400 square feet; all two-story residences shall have a finished ground floor area of not

less than 1,000 square feet and a total finished floor area of 1,800 square feet; all one-and-one-half story residences shall

have a finished ground floor of not less than 1,000 square fee~ and a total finished floor area of 1,800 square feet. .

There shall be no minimum square footage requirements in regard to the four-plexes and the villas.

5. All residences shall have wood, vinyl or vinyl-clad windows; provided, however, that the ACC shall have the

power to approve other materials for window construction.

6. It is agreed that if the owner of any vacant lot fails or refuses to cut weeds or brush from the cleared portions of

the property, then the ACC shall have authorization to do so and the cost thereof may be taxed as a lien against the

property.

7. The Developer and its successors, assigns and grantees, as owners of lots in Rockwood Estates, shall have the

right and an easement of enjoyment in and to all the Open Spaces but only for the intended use as a recreational area, and

such easement shall be appurtenant to and shall automatically pass with the title to each lot.

8. The Developer covenants and agrees to convey title to the Association regarding the Open Space and to the City

of Paola regarding the parks at the time or times it determines.

9. No owner shall improve, destroy or otherwise alter the open Space without the express written consent of the

ACC. The following rules, regulations and restrictions shall apply to the use of the Open Space:

A. No docks or other structures shall be built on or over the storm water detention basin/lake other than by

the Developer or the Association.

B. No refuse or trash shall be discarded in or about the Open Space.

C. Access to the storm water detention basin/lake shall be confined at designated Open Spaces and

easements, except that owners of lots adjacent to the storm water detention basin/lake may have access to it from

their respective lots.

D. The Developer and the Association shall have access through all lots to the shoreline of the storm water

detention basin/lake for the maintenance of the shore of the storm water detention basin/lake.

E. The Developer and the Association shall have the right to make additional rules, regulations and

restrictions pertaining to the use of the Open Space.