Please record and return to:

AMENDED AND RESTATED DECLARATION OF

COVENANTS, CONDITIONS, AND RESTRICTIONS

JUNIPER RIDGE, A RECREATIONAL VEHICLE SUBDIVISION

This AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made hereinafter by VOYAGER AT JUNIPER RIDGE, LLC, an Arizona limited liability company (hereinafter “the Declarant”) as the record owner of 228 of the Lots shown on the Final Plat for Juniper Ridge, Phase I recorded in Book 15 of Maps at pages 45 – 50, Navajo County Records (the Plat) with the written consent of the record owners of not less 151 additional Lots shown on the Plat, which consents are attached hereto and made a part hereof.

WITNESSETH:

WHEREAS, the Declarant is the owner of those Lots shown on the Plat which are listed on Exhibit A attached hereto; and

WHEREAS, the parties who have signed the written consents to this Amended and Restated Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as the Consenting Owners) own those additional Lots shown on the Plat which are listed on Exhibit A hereto.

WHEREAS, the Declarant and the Consenting Owners collectively own in excess of 72% of all of the Lots shown on the Plat.

WHEREAS, a Declaration of Covenants, Conditions, and Restrictions for Juniper Ridge, a Recreational Subdivision was recorded on September 24, 1985, in the office of the Navajo County Recorder in Docket Number 797, Page 823.

WHEREAS, a First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Juniper Ridge, a Recreational Subdivision was recorded on October 4, 1994, in the office of the Navajo County Recorder in Docket Number 1206, Page 502.

WHEREAS, a Second Amendment to the Declaration of Covenants, Conditions, and Restrictions for Juniper Ridge, a Recreational Subdivision was recorded on June 5, 1995, in the office of the Navajo County Recorder in Fee Number 1995-8325.

WHEREAS, a Third Amendment to the Declaration of Covenants, Conditions, and Restrictions for Juniper Ridge, a Recreational Subdivision was recorded on May 23, 2001, in the office of the Navajo County Recorder in Fee Number 2001-9520.

WHEREAS, a Fourth Amendment to the Declaration of Covenants, Conditions, and Restrictions for Juniper Ridge, a Recreational Subdivision was recorded on December 27, 2001, in the office of the Navajo County Recorder in Fee Number 2001-26886.

WHEREAS, the foregoing Declaration and First through Fourth Amendments are hereinafter collectively referred to as the Original Declaration.

WHEREAS, Section 11.6 of the Original Declaration states that: “This Declaration may be amended by an instrument signed by Owners having at least two-thirds (2/3) of the votes outstanding, and any amendment must be recorded.”

WHEREAS, the Declarant and the Consenting Owners, being the record owners of not less than 72% of the Lots shown on the Plat desire to amend and restate the Original Declaration in its entirety on the following terms and conditions.

WHEREAS, this Amended and Restated Declaration will affect all of the Lots shown on the Plat which are legally described as Lots 1 – 529 as shown on the Final Plat for Juniper Ridge, Phase I recorded in Book 15 of Maps at pages 45 – 50, Navajo County Records.

NOW, THEREFORE, the Declarant and the Consenting Owners declare that all of the Property described herein and any additional property as may be subjected to this Declaration shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, assessments, liens, reservations, and conditions, which are for the purpose of establishing a general plan of development and of protecting the value and desirability of the Property and which shall run with the Property and be binding on all parties having any right, title, or interest in the Property or any part of the Property, their heirs, successors, and assigns. This binding effect shall inure to the benefit of each Owner of the Property and shall exist regardless of whether any reference is made to this Declaration in any subsequent deed or instrument of conveyance, all of which shall be deemed delivered and accepted subject to this Declaration. This Amended and Restated Declaration shall supercede the Original Declaration in its entirety.

ARTICLE I

DEFINITIONS

The following terms shall have the following meanings unless a different meaning is plainly required by the context:

Section 1.1. “Articles” shall mean the Articles of Incorporation of the JUNIPER RIDGE RECREATIONAL VEHICLE SUBDIVISION ASSOCIATION, as such Articles may be amended from time to time.

Section 1.2. “Additional Property” shall mean the property described on “Exhibit B,” attached hereto and by reference made a part hereof, all or part of which may be later subjected to this Declaration as more particularly described in Article X herein.

Section 1.3. “Association” shall mean the JUNIPER RIDGE RECREATIONAL VEHICLE SUBDIVISION ASSOCIATION, an Arizona nonprofit corporation, its successors and assigns.

Section 1.4. “Board” shall mean the Board of Directors of the JUNIPER RIDGE RECREATIONAL VEHICLE SUBDIVISION ASSOCIATION.

Section 1.5. “Bylaws” shall mean the bylaws of the JUNIPER RIDGE RECREATIONAL VEHICLE SUBDIVISON ASSOCIATION.

Section 1.6. “Common Area” shall mean all real property and the improvements thereon owned by the Association for the common use and enjoyment of the Owners. The Common Area shall include Tracts 1 and 3 through 16 shown on the Plat; all of the roads shown on the Plat; additional real property acquired by the Association for the construction of new recreational facilities or the expansion of existing recreational facilities; and, any private roads designated as “common area” on any subdivision plats of any portion of the Additional Property that is annexed in accordance with the provisions of Article X upon the conveyance of such “common area” to the Association pursuant to the provisions of Section 2.4 of this Declaration.

Section 1.7. “Declarant” shall mean Voyager At Juniper Ridge, LLC, an Arizona limited liability company, its successors and assigns.

Section 1.8. “Declaration” shall mean this Amended and Restated Declaration of Covenants, Conditions, and Restrictions, as it now exists and as it may later be amended from time to time and recorded in the office of the Recorder of Navajo County, Arizona.

Section 1.9. Intentionally Omitted.

Section 1.10. “Lot” shall mean any part of the Property which is separately designated and numbered on the Plat. It shall exclude the Common Area. “Lot” shall also include any separately designated and numbered lot shown on a plat of any portion of the Additional Property which is annexed in accordance with the provisions of Article X.

Section 1.11. “Member” shall mean a member of the JUNIPER RIDGE RECREATIONAL VEHICLE SUBDIVISION ASSOCIATION.

Section 1.12. “Owner” shall mean the record owner, whether one or more person or entities, of fee simple title to any Lot which is apart of the Property, including contract sellers, but excluding those having an interest in a Lot merely as security for the performance of an obligation.

Section 1.13. “Plat” shall mean the Final Plat for Juniper Ridge, Phase I recorded in Book 15 of Maps at pages 45 – 50, Navajo County Records.

Section 1.14. “Property” shall mean Lots 1 – 529 shown on the Plat; and, Tracts 1 and 3 through 16 shown on the Plat; and all of the roads shown on the Plat; and, if and to the extent annexed, shall also mean the Additional Property. Tract 2 shown on the Plat is not a part of the Property.

Section 1.15. “Recreational Vehicle” as used herein shall mean any commercially manufactured travel trailer, park model travel trailer (“Park Model”), Class A or C motorhome, or pickup truck camper that is self contained and shall not be removed from the truck to which it is attached, of such exterior material and design as that customarily used by recognized manufacturers of such vehicles, used principally as a facility to provide living quarters for recreational camping, and not to exceed four hundred (400) square feet of floor space on a Lot. Block, wood, aluminum, and rigid weather-resistant plastic skirting are allowed with appropriate exterior treatment; and, colors or decorative block may be used as long it is recognized as a professional skirting treatment. Also, wheel sun shields and fifth wheel trailer pins may be placed on a Recreational Vehicle, but such items shall be of such exterior material and design as that customarily used by recognized manufacturers of such vehicles. All Recreational Vehicles shall be maintained in good condition and shall be clean and neat in appearance. Block, covered by skirting, is allowed. All Park Models shall be new or in a well maintained condition approved by the Architectural Control Committee when placed on a Lot.

ARTICLE II

PROPERTY RIGHTS

Section 2.1. Owner’s Easements of Enjoyment. Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot. Such right and easement of enjoyment shall be subject to reasonable rules and regulations adopted by the Board, which may include, but shall not be limited to:

(A) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

(B) the right of the Association to suspend the voting rights and recreational facility use of an Owner for any period during which any assessments against that Owner’s Lot remain unpaid; and, for a period not to exceed sixty (60) days, for any infraction of the Association’s rules and regulations;

(D) the right of the Association to borrow money for the purpose of improving the Common Area (subject to the ratification of the Members as provided for in the Bylaws); and, in aid thereof, to mortgage the Association’s property, provided that such mortgage shall be subordinate to the rights of the Owners in and to the Common Area, and provided further that the Association shall not have the right to mortgage or encumber the Common Area until the Declarant has sold eighty percent (80%) of the Lots within the Property; and,

(E) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective, however, unless ratified by the Members as specified in the Bylaws; provided, however, that the Association shall have the right to grant easements for construction and maintenance of utilities under and across the Common Area, without the approval of the Owners.

(F) the right of the Association, in the case of multiple owners of an individual lot, to limit the number of such multiple users who may use the Common Areas.

(G) the right of the Association to grant an easement to Declarant over portions of the Common Area for ingress, egress and utilities for access to and egress from all or any portion of the Additional Property.

Section 2.2. Delegation of Use. In accordance with the Bylaws and as restricted by the Declaration, any Owner may delegate, his rights of enjoyment in and to the Common Area and the facilities located thereon to the members of his family, his tenants, contract purchasers, guests, and invitees, subject to any limitations adopted by the Association or Board.

Section 2.3. Easement for Utilities The Board is authorized to grant such additional licenses, easements, and rights of way for utilities and services as may be necessary or appropriate for the orderly maintenance, preservation, and enjoyment of the Common Area, or for the health, safety, convenience, and welfare of the Owners.

Section 2.4. Title to Common Area. Fee simple title to portions of the Common Area have previously been conveyed to the Association. Fee simple title to the balance of the Common Area shown on the Plat (consisting of all of the private roads shown on the Plat) shall be conveyed to the Association on or before the recording of this Amended and Restated Declaration of Covenants, Conditions and Restrictions. The conveyance of fee simple title to Juniper Ridge Road shall be made subject to the reservation by Grantor of a non exclusive easement for ingress, egress and utilities over and across Juniper Ridge Road for the benefit of Tract 2 and for all or any portion of the Additional Property. Fee simple title to any additional real property acquired by the Association for the construction of new recreational facilities or the expansion of existing recreational facilities shall be conveyed to the Association no later than the completion of construction of such new or expanded recreational facilities. Fee simple title to those portions of the Additional Property that are designated as Common Area for private roads on a subdivision plat of portions of the Additional Property that are annexed in accordance with the provisions of Article X (hereinafter referred to as Additional Private Roads) shall be conveyed to the Association no later than the completion of construction of all improvements to be constructed on such Additional Private Roads and the sale, as hereinafter defined, by Declarant of 80% of all the Lots shown on the such subdivision plat. For purposes of this Section 2.4, the initial occupancy of any such Lot shall be deemed a “sale”.

Section 2.5. Common Area Undivided. The Common Area shall remain undivided; and, after its conveyance to the Association, it shall at all times be owned by the Association.

Section 2.6. Restriction on Further Subdivision. No Lot shall be further subdivided or partitioned.

ARTICLE III

USE RESTRICTIONS

Each Lot is restricted to the following uses:

Section 3.l. Phase I Limited to Recreational Vehicles or Park Models. Each Lot shown on the Plat is restricted to the parking of one (1) Recreational Vehicle or Park Model provided that this restriction shall not limit the ability of an Owner to utilize an adjoining Lot as a pull through (subject to such rules and regulations regarding pull throughs and pull through parking as may be adopted by the Board). The parking of additional vehicles, each of which is used only for transportation and not for eating and sleeping, is permitted. No framed home may be placed on any Lot shown on the Plat. This Section 3.1 shall not apply to any portion of the Additional Property annexed in accordance with the provisions of Article X except to the extent that a Declaration of Annexation specifically limits the portion of the Additional Property being annexed to recreational vehicle use. Section 3.1 (A) shall govern permissible uses of those portions of the Additional Property annexed in accordance with the provisions of Article X.

Section 3.1 (A). Additional Property Limited to Residential or Common Area Use. Any portion of the Additional Property annexed in accordance with the provisions of Article X shall be limited to recreational vehicle use and/or to such other residential use as may then be permitted by applicable zoning ordinances or to additional Common Area.

Section 3.2. Permissible Additions. A Lot shown on the Plat may contain:

(A) One storage shed of no more than one hundred (100) square feet of floor space and no higher than eight feet, six inches (8’ 6”), at the peak, constructed of corrugated or flat-space aluminum siding or wood to match Park Model finish and color. A storage shed may have a ventilation fan attached to it. No addition, screened area, permanent or semi-permanent awning may be . attached to a storage shed. All of the foregoing shall be subject to the reasonable approval of the Board.

(B) A semi-permanent awning attached to the Recreational Vehicle which meets architectural standards adopted by the Board. Semi-permanent awnings shall be so constructed that both the awning and supporting structures are detachable. Metal louvers may be attached to the awning in accordance with the rules of the Board.

(C) A free-standing awning which meets architectural standards adopted by the Board. Metal louvers may be attached to the awning in accordance with the rules of the Board.

(D) A trellis, planter box, or stubwall may be constructed around the patio, slabs, or area covered by an awning, provided it does not exceed thirty-two inches (32”) in height.

(E) Permanent patios, carports, and add-on rooms are permitted on lots in accordance with architectural rules approved by the Board.

(F) Stubwalls may be placed on a lot within and adjacent to property lines. The maximum height for a stubwall is twenty-four inches (24”). Concrete or concrete block walls are prohibited. Decorative concrete precast small slabs forming a stubwall less than twelve inches (12”) high are permitted.

(G) Tables, benches, Chairs, fireplaces, and grills; however, none of these items may be placed within the setback area as described in Section 3.4

(H) Landscaping of a type compatible with other Lots and consistent with any landscaping policies set by the Board and implemented by the Architectural Review Committee.

(I) A freestanding uncovered porch not to exceed four feet (4’) by four feet (4’), with steps to ground level and hand railings, may be placed at the door of the Recreational Vehicle.

This Section 3.2 shall not apply to any portion of the Additional Property annexed in accordance with the provisions of Article X except to the extent that a Declaration of Annexation specifically limits the portion of the Additional Property being annexed to recreational vehicle use.

Section 3.3. Board Approval. Prior to placing a Recreational Vehicle, storage shed, awning, trellis, landscaping, or other permitted item upon a Lot, certification must be obtained from the Board or its designee that the Recreational Vehicle, storage shed, awning, trellis, landscaping, or other permitted items will be in conformance with this Declaration and the reasonable rules of the Association. The Board may approve, or designate an agent to approve, reasonable variances from this Declaration. Notwithstanding the foregoing, awnings over windows and semi-permanent awnings next to Recreational Vehicles do not have to be previously approved before placement.

This Section 3.3 shall not apply to any portion of the Additional Property annexed in accordance with the provisions of Article X except to the extent that a Declaration of Annexation specifically limits the portion of the Additional Property being annexed to recreational vehicle use.

Section 3.4. Setbacks. Recreational Vehicles, awnings, storage sheds, and any buildings attached thereto must be located on a Lot in compliance, with all governmental setback requirements and rules of the Board. In no event is any structure to be located within five feet (5’) of the side of any Lot or ten feet (10’) from any front or side street. The Board may make setback rules for air conditioners, heat pump units, or propane takes. Such Units placed within the setbacks prior to the effective date of the revisions to these Covenants are exempt from these provisions. Owners of record prior to June 1, 1995 are exempt from the ten-foot (10’) side street restriction.

This Section 3.4 shall not apply to any portion of the Additional Property annexed in accordance with the provisions of Article X except to the extent that a Declaration of Annexation specifically limits the portion of the Additional Property being annexed to recreational vehicle use.

Section 3.5. Tents. No tents, tent trailers, or sheds shall be used at any time as a residence on the Property.

Section 3.6. Business or Offensive Activities.

(A) No part of the Common Area, Owner’s Lot, or any part. of the Property shall be used for business, professional, commercial, or institutional purposes, except that the Board may, in its sole discretion, approve the use of Common Areas for events that are judged to be beneficial to the Association members as a whole. These events may include, but are not limited to swap meets, arts and crafts shows, a beauty parlor, and massage therapy. Commercial activities approved by the Board may be assessed an appropriate fee payable to the Association.

(B) No noxious, offensive, immoral, or illegal trade or activity may be conducted upon any Lot or in the Common Area; nor, shall anything be conducted within the Property that may be or become an annoyance or nuisance to the neighborhood or detract from the appearance of the neighborhood. Nothing shall be done to or within a Lot or Recreational Vehicle, which will increase the rate of insurance on the Common Area or other Lots. Each Lot and Recreational Vehicle shall be kept in a reasonably sanitary condition, free of offensive odors and insect infestation. No rubbish or debris of any kind shall be placed or permitted to accumulate upon a Lot or adjacent to any Lot or portion thereof that is unsanitary, unsightly, offensive or detrimental to the Property, to other Lots, or to occupants. No exterior speakers, horns, whistles, bells, or other sound devices, except security devices used exclusively for security purposes, shall be located, used, or placed on the Property.

Section 3.7. Signs. No billboard or sign (other than a name and address sign that meets the written rules :and regulations of the Board) shall be displayed or placed upon any Lot, on the outside of any Recreational Vehicle, in any window, or in or on a vehicle parked on the Property. To assist Owners desiring to sell their Units or Lots, the Board, in its sole discretion, may permit “For Sale” or “For Rent” signs to be placed in Unit windows or on Lots. The size and style of such signs shall be determined by the Board.

Section 3.8. Outside Lighting. Except as may be initially installed by the Declarant, no spotlights, floodlights, or similar type high-intensity lighting shall be placed or utilized upon any Lot, which in any way allows light to be reflected on any other Lot on the improvements thereon, upon the Common Area, or any part thereof, without the prior written authorization of the Board. Other types of low-intensity lighting, which does not disturb the Owners or other occupants of the Property, shall be allowed.

Section 3.9. Animals.

(A) No animals, other than generally-recognized house or yard pet animals not to exceed forty-five (45) pounds each, shall be maintained on any Lot. In no event shall any pet animals be kept for breeding or commercial purposes. No animal shall be allowed to make an unreasonable amount of noise or otherwise become a nuisance. No structure for the care, housing, or confinement of any animal shall be maintained anywhere on a Lot, except behind a Recreational Vehicle so as not to be visible from the street. The Board may, upon the written request by any Member, determine in its sole discretion whether a particular animal is a generally recognized pet for purposes of this Section. Any decision rendered by the Board shall be enforceable in the same manner as other restrictions contained herein.

(B) All pets must be kept on a leash or must be otherwise confined when not within the Recreational Vehicle or Park Model. The Owner of a Lot on which a pet resides shall be responsible for immediate clean-up of all fecal material created by that pet. Any pet owner who fails to pick up after his or her pet may be subject to cleanup fees as determined by the Board. Repeat offenders may be subject to progressively larger fees. With the exception of Common Area buildings, pets may be exercised on all common grass areas, streets and desert areas on the west side of Juniper Ridge Drive (until developed). Pets are specifically prohibited from the golf course and activities complex.

Section 3.10. Parking. All permitted vehicles must be parked on a Lot or in such areas designated by the Board in writing by its rules and regulations. Except as varied by written regulations adopted by the Board:

(A) Street parking is allowed but is not to exceed four (4) hours and is not to obstruct driveways or traffic, except for emergency vehicles temporarily there.

(B) Parking in the common spaces throughout the Property is exclusively for persons using the recreational facilities and is not to be used for storage or any similar use. The Association shall have the authority to operate, manage, and use such parking spaces for and on behalf of all Owners. Overnight parking is allowed in designated areas only and only with an overnight permit.

(C) There is a forty-eight (48) hour limit on Recreational Vehicle loading and unloading in the street in front of the Owner’s Lot.

(D) A visitor or Lot Owner whose vehicle is parked on other than the Owner’s Lot shall display an identification card showing the vehicle owner’s name, Lot number, and telephone number of the vehicle owner or of the Lot Owner being visited.

Section 3.11. Windows. No reflective materials, including but not limited to aluminum foil, reflective screens or glass, mirrors, or similar type items shall be permitted on any Lot or Recreational Vehicle so as to be visible from outside the Recreational Vehicle; except as permitted by the Board.

Section 3.12. Laundry Facilities. Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed, or maintained on any portion of the Property. No washing machines or dryers shall be kept or maintained on any Lot, except within a Recreational Vehicle, without the prior written approval of the Board. If approved by the Board (or its designee), washers and dryers may be operated in the storage shed.

Section 3.13. Mineral Exploration. No portion of Property shall be used in any manner to explore for or to remove any water, oil, or other hydrocarbons, minerals of any kind, gravel, earth, or any earth substance of any kind.

Section 3.14. Trash and Incidentals. All equipment, boxes, woodpiles, storage piles, and other similar items shall be kept so as to conceal them from view of neighboring properties and streets. Rubbish, trash, and garbage shall not be burned nor allowed to accumulate on any Lot or on the Property. No incinerators shall be permitted on the Property.

Section 3.15. Noisy Equipment. Except for emergencies, all equipment that gives off disturbing sounds or loud noises, including but not limited to radios, stereos, televisions, lawn mowers, power hedge clippers, power chain saws, mopeds, motorcycles, and other similar noisy equipment, must be operated in a reasonable and non-offensive manner.

Section 3.16. Rentals. No portion of the Property, except an entire Lot, may be rented, for residential purposes. All leases shall be pursuant to a written lease, which shall contain a provision in which the tenant agrees to submit to the terms and conditions of this Declaration, the Articles, the Bylaws, and the rules and regulations adopted by the Board as though such tenant were an Owner. Notwithstanding any language in the lease to the contrary, no lease of any Lot shall exonerate or excuse any Owner from any of the obligations set forth herein. Each Owner shall cause the tenant, occupant, or persons living with the Owner or with the tenant to comply with this Declaration, the Articles, the Bylaws, and the rules and regulations adopted by the Board. The Owner shall be responsible and liable for all violations and losses caused by the Owner’s tenants and occupants, notwithstanding the fact that the tenants and occupants are also fully liable for the violations.

During the period of time any Lot is rented, the Owner of a Lot shall be deemed to have licensed his or her rights to use the Common Area and all recreational facilities to the tenant. In the event that a tenant, occupant, or person living with the tenant violates a provision of this Declaration, the Articles, the Bylaws, or rules and regulations adopted by the Board, the Association shall have the power to bring an action or suit against the tenant to recover sums due for damages, for injunctive relief, or for any other remedy available at law or equity. The Association’s costs in so doing, including but not limited to reasonable attorneys’ fees, together with interest as provided in Article V, shall be reimbursed by the tenant to the Association and shall constitute a lien on the applicable Lot, which may be enforced in the manner described in Article V.

The Board shall also have the power to suspend. the right of the tenant, occupant, or person living with the tenant to use the recreational facilities within the Common Area for any violation by the tenant, occupant, or person living with the tenant of any duty imposed under this Declaration, the Articles, the Bylaws, or the rules and regulations adopted by the Board. No suspension of the right of a tenant, occupant, or person living with the tenant to use the recreational facilities within the Common Area may be for a period longer than 60 days (except that the foregoing limitation shall not affect or prevent termination of the applicable lease if permitted by the terms of the lease or otherwise by applicable law).

The provisions of this Section 3.16 shall not apply to rental of the Common Area by the Association. All rentals of Common Areas shall require the approval of the Board and are limited to activities of a public nature.

Section 3.17. Obstruction of Common Area. . There shall be no obstruction of the Common Area, nor shall anything be left or stored in the Common Area except by the Association.

Section 3.18. Declarant Exempt. Notwithstanding anything contained herein to the contrary, none of the use restrictions contained in this Article III, nor any other restriction contained in this Declaration, shall be construed or deemed to limit or prohibit any act of the Declarant or its employees, agents, subcontractors, or parties designated by any of them in connection with the construction, completion, sale, or leasing of Recreational Vehicles and Lots. By way of illustration and not limiting the generality of the foregoing, the Declarant shall have the right to place “For Sale” or “For Rent” signs on any unsold or unoccupied Lots or Recreational Vehicles and to place such other signs on the Property as Declarant may determine in its discretion to be useful in selling unsold Lots or Recreational Vehicles. Furthermore, the Declarant may occupy or give any person permission to occupy Lots or the Common Area for sales and clerical activities and for the purpose of maintaining model Recreational Vehicles for display, promotion, and the like.

Section 3.19. Exterior Exposure; Coolers, and Ventilation Fans Prohibited. No Owner shall cause or permit anything to be hung or displayed on the outside of doors or placed on the outside walls of a Recreational Vehicle. No sign shall be affixed to or placed upon the exterior walls or roof or any part thereof, without the prior written consent of the Board.

No evaporative coolers or ventilation fans may be placed on any roof of a Recreational Vehicle or elsewhere on a Lot so as to be visible from view of neighboring properties or streets without the prior written consent of the Board.

Section 3.20. Laundry and Rubbish in Common Areas. No clothes, sheets, blankets, laundry of any kind, or other articles shall be hung out or exposed on any part of the Common Area. The Common Area shall be kept free and clear of rubbish, debris, and other unsightly materials.

Section 3.21. Alterations of Common Area. Nothing shall be altered or constructed in or removed from the Common Area, except upon the prior written consent of the Board, provided that nothing contained herein shall limit Declarant’s right to design and construct improvements on any portion of Common Area shown on a subdivision plat of a portion of the Additional Property that is annexed in accordance with the provisions of Article X.

Section 3.22. Propane Tanks. Only propane tanks utilized in connection with barbeque grills and Recreational Vehicles shall be permitted on any Lot. The use and storage of propane tanks must be in compliance with applicable rules of the Board, codes and laws and shall also be in compliance with Section 3.4.

Section 3.23. Air, Light, and View., Recreational Vehicles, awnings, and storage sheds must be located on a Lot in such a manner so as not to materially obstruct or interfere with the air, light, or view relating to any adjacent Lot. The Board or its designee shall make any necessary designations as to whether a Recreational Vehicle, awning, or storage shed materially obstructs or interferes with the air, light, or view relating to any Lot.

Section 3.24. Antennas. Except as approved by the Board or its designee, no antenna shall be erected, used, or maintained outdoors on any portion of any Lot unless it meets the following conditions (A) it is a dish antenna that is ground-mounted or side-mounted; (B) it meets the setback requirements found in Section 3.4; and (C) its diameter does not exceed twenty-four inches (24”).

Section 3.25. Age Restrictions. The Property is intended, and shall be operated, for occupancy by persons 55 years of age or older (subject to the exceptions set forth herein) pursuant to the exemption provisions of the Fair Housing Act amendments of 1988, Public Law 100-340, 42 U.S.C. ' 3601 et seq., as amended by the Housing for Older Persons Act of 1995, as further interpreted by Rules and Regulations of the Department of Housing and Urban Development (the "Exemption"). The Declarant and the Association have determined that, as of the date of recording of this Declaration, at least 80% of the occupied units within the Property are occupied by at least one person who is fifty five years of age or older. Henceforth, at least 80% of the occupied units within the Property shall be occupied by at least one person who is fifty five years of age or older. The remaining 20% of the occupied units may be occupied by persons below the age of fifty five as long as at least one person who is 45 years of age or older is in occupancy. The Association shall keep accurate records to verify the ages of the occupants of the Property in accordance with rules and regulations promulgated by the Association which shall be consistent with the Exemption. The Association shall have the right to adopt rules and regulations regarding the use of the Common Area by minor guests of Owners or Tenants. The provisions of this Section 3.25 shall not prohibit any person who is an Owner of a Lot as of the date of this Declaration who is less than 45 years of age (or a family member of such Owner) from occupying the Lot or enjoying the free use of the Common Area.

Section 3.26 Applicability to Additional Property. Any portion of the Additional Property which is annexed in accordance with the provisions of Article X shall be subject to all of the Use Restrictions set forth herein except as otherwise provided in Sections 3.1, 3.2, 3.3 and 3.4.

ARTICLE IV

THE JUNIPER RIDGE RECREATIONAL VEHICLE SUBDIVISION

Section 4.l. Purpose. The Juniper Ridge Recreational Vehicle Subdivision Association shall be a nonprofit corporation organized under the laws of the State of Arizona. The Association shall own the Common Area in accordance with the provisions of this Declaration; shall take appropriate action to manage, maintain, repair, replace, improve, and insure the Common Area and the recreational facilities and improvements located thereon; shall perform related activities; and, shall perform all other functions and duties assigned to the Association by this Declaration, all in accordance with this Declaration, the Articles, and the Bylaws. The Association shall be responsible for providing such educational, recreational, and social programs as the Board may determine. The Association may make and enforce reasonable rules and regulations governing the use of the Property, which shall be consistent with this Declaration. The Board shall have the, power to take all actions on behalf of the Association unless otherwise specifically stated in this Declaration, the Articles, or the Bylaws. The Board may enter into a contract with a management agent for the performance of the matters required by this Declaration.

Section 4.2. Membership. Every Owner of a Lot shall automatically be a member of the Association. Membership shall be appurtenant to and may not be separate from ownership of a Lot, and ownership of a Lot shall be the sole qualification for membership. Except as provided in Section 3.16 hereof, tenants, or parties who hold an interest in a Lot merely as security for the performance of an obligation shall not be members. Membership shall be noted, and transferred upon the books of the Association. No membership certificate or shares of stock need be issued.

Section 4.3. Classes of Membership. The Association shall have two initial classes of members:

Class A. Class A members shall be all owners, except the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in a Lot, all of such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. In the absence of a designation to the Association as to who shall cast the vote for multiple Owners of a single Lot, the Association shall make such designation.

Class B. The Class B member shall, be the Declarant, and the Declarant shall be entitled to ten (10) votes for each Lot owned by the Declarant. The Class B membership shall cease when the Declarant no longer owns any portion of the Property. Thereafter, there shall be a single class of Members.

Section 4.4. Suspension of Voting Rights. In the event any Owner shall be in arrears in the payment of any amount due under any of the provisions of this Declaration for a period of thirty (30) days, or shall be in default of the performance of any of the terms of this Declaration for a period of thirty (30) days, such Owner’s right to vote as a Member of the Association shall be suspended and shall remain suspended until all payments are brought current and all defaults cured.

ARTICLE V

ASSESSMENTS

Section 5.1. Covenant for Maintenance Assessments. The Assessments levied by the Association shall be used exclusively’ to promote the recreation, health, safety, and welfare of the Owners and for the improvement and maintenance of the Common Area. The Declarant, for each Lot within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed, whether or not actually expressed in such deed, is deemed to covenant and agree for the Owner and the Owner’s heirs, personal representatives, successors, and assigns, that each and every Lot within the Property shall be subject to a reasonable assessment, which the Owner of each Lot agrees to pay to the Association. Each Lot’s assessment shall consist of:

(A) any individual assessment applicable to the Lot pursuant to Section 5.8 of this Article V or other provisions of the Declaration;

(B) a pro rata share of the General Assessment provided for in Section 5.4 of this Article V; and

The pro rata share of each Lot shall be a fraction which shall have one (1) as the numerator, and the total number of Lots within the Property that are subject to assessment at the time of making any given assessment as the denominator. The amount attributed to each Lot’s pro rata share will be reviewed and determined annually by the Board. The Board shall have the right, but not the obligation, to adjust each Lot’s pro rata share during any fiscal year based upon additional Lots within the Property becoming subject to assessment as provided in Section 5.2.

Section 5.2. Commencement Date and Collection. The General Assessment provided for in section 5.4 of this Declaration has commenced with respect to all Lots shown on the Plat. The Association shall fix the amount of each Lot’s General Assessment as referred to in Section 5.4 on an annual basis and at least thirty (30) days in advance of each annual assessment period. The assessment may be collected on a monthly basis, or on such other less frequent basis as the Board may determine. Written notice of the annual assessment, the due date, and the address for remittance shall be sent to all of the Owners. The Association shall, upon request and for a reasonable clerical charge, furnish a certificate of the Association setting forth whether the assessments on a Lot have been paid and the current status of the assessments against the Lot; and, the certificate so issued shall be binding upon the Association. General Assessments for each individual Lot shown on a subdivision plat of a portion of the Additional Property that is annexed in accordance with the provision of Article X shall commence upon the earlier of the sale of such Lot by Declarant or the occupancy of such Lot.

Section 5.3. Creation of Lien and Personal Obligation. Each Lot’s assessment, together with interest, costs, and reasonable attorneys’ fees incurred in the collection thereof shall be a continuing lien against the Lot. The Association is hereby authorized to record a Notice of Lien in the office of the County Recorder of Navajo County, Arizona, for any unpaid assessment. Each assessment, together with interest, costs, and reasonable attorneys’ fees incurred in the collection thereof shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment fell due. An Owner’s personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. No Owner or Lot may be exempted from these assessments by waiving the rights to use and enjoy the Common Area, by nonuse, by abandonment of the Lot, or otherwise.

Section 5.4. General Assessment. Each year the Board shall establish a General Assessment (“General Assessment”) against all Lots based on expenses estimated to be incurred by the Association during the following fiscal year in connection with the duties and services the Association is required to perform under the terms of this Declaration, the Articles, and the Bylaws, or which the Association deems appropriate in order to carry out the purposes of the Association. Such expenses shall include but shall not be limited to taxes and assessments against the Common Area, insurance premiums, utility bills, repair, replacement, and maintenance costs, administration and management costs, and a reasonable reserve for unbudgeted expenses, replacements, repairs, and contingencies. The General Assessment must be ratified by the Members in accordance with the Bylaws.

Section 5.5. Special Assessments for Capital Improvements. In addition to the General Assessments authorized in Section 5.4 above, the Association may levy, in any assessment year, a Special Assessment (“Special Assessment”) applicable to that year only for the purpose of defraying, in whole or in part, the costs of any construction, reconstruction, repair, or replacement of a capital improvement on the Common Area, including related fixtures and personal property, provided that any such assessment shall be ratified by the Members in accordance with the Bylaws.

Section 5.6. Ownership Transfer Assessment.

A. Class A Transfer Assessment. Prior to the conveyance of title of any Lot or Unit owned by a Class A Member, the property shall be inspected by a designee of the Board to ensure that the property is in compliance with all the requirements of these Covenants, Conditions, and Restrictions. At the time of the conveyance of title to any Lot or Unit, the Lot or Unit shall be assessed the sum of two hundred fifty dollars ($250.00) as a transfer fee to compensate the Association for expenses incurred in amending its records. A portion of the transfer fee, not less than one hundred seventy-five dollars ($175.00), shall accumulate in a reserve fund. This provision does not apply to Lots or Units owned by the Declarant.

B. Class B Transfer Assessment. Prior to the conveyance of title of any Lot owned by the Declarant, the Declarant shall pay the sum of Six Hundred Dollars ($600.00) to the Association which shall be placed in a separate Association bank account (the Special Capital Improvement Fund) specifically dedicated to pay for the cost of i) constructing new recreational facilities on the Common Areas; or, ii) expanding or remodeling existing recreational facilities on the Common Areas; or, iii) such other capital improvements to the Common Areas as Declarant, with the concurrence of the Board deems necessary or desirable. Any projects to be funded from the Special Capital Improvement Funds shall be constructed in accordance with plans and specifications approved by the Board.

Section 5.7. Uniform Rate of Assessment. General Assessments (Section 5.4) and Special Assessments (Section 5.5) shall be fixed at a uniform rate for all Lots.

Section 5.8. Individual Assessment for Maintenance and Restoration of Owner’s Lot.

(A) If the Owner of a Lot fails to maintain his or her Lot in a neat and clean condition or generally in a manner satisfactory to the Board as set forth in the rules and regulations under Section 6.2, the Association through its agents, employees, or independent contractors shall have the right, but not the obligation to enter upon such Owner’s Lot to repair, maintain, rehabilitate and restore the Lot, yard, patio, awning, shed, utility cables and connections, or exterior of any Recreational Vehicle located on the Lot to the condition deemed satisfactory to the Board. The cost thereof shall be charged against and collected from the Owner of the Lot, who must pay such invoice within thirty (30) days from the date sent. Furthermore, this amount shall be secured by and shall be subject to all provisions regarding the assessment lien as provided in this Article V.

(B) Prior to executing the right of restoration, as set forth in Section 5.8 (A), the Association shall give written notice to the Owner of the Lot specifying the necessary repairs, maintenance, rehabilitation, or restoration to be undertaken, and granting the Owner thirty (30) days to accomplish the same. If at the end of the thirty-day period the work required to be performed has not been completed or has been completed in a manner unsatisfactory to the Board, or if in the opinion of the Board sufficient action has not been taken to effect same, then the Association shall have the right to make such repairs, maintenance, rehabilitation, or restoration.

(C) Nothing herein contained shall be construed as granting the Association any right to enter into or inside any Recreational Vehicle located on a Lot without the Owner’s consent.

Section 5.9. Effect of Nonpayment of Assessments; Remedies of the Association Any assessment not paid within thirty (30) days after its due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may, but shall not be required to, bring an action at law against the Owner personally obligated to pay the assessment, or may foreclose the Association’s lien against the Owner’s Lot in the same manner provided by law for the foreclosure of realty mortgages or materialmen’s liens. In any such action, the Association shall recover its reasonable attorneys’ fees, costs, and interest, all of which shall be included in any judgment obtained by the Association. These remedies are cumulative and not exclusive. The Association may use any and all other remedies available at law or in equity.

Section 5.10. Subordination of the Lien to Mortgage. The lien of the assessments provided for in this Declaration at all times shall be subordinate to the lien of any first mortgage or deed of trust on the Lot. The sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, trustee’s sale under deed of trust, or any proceedings in lieu thereof shall extinguish the lien as to any assessments that became due prior to such sale or transfer; but, the prior assessment shall nevertheless continue as the personal obligation of the prior defaulting Owner. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof.

Section 5.11. Assessment of Lots Owned by Declarant. Declarant will pay Assessments on Lots shown on the Plat owned by Declarant. Lots shown on a subdivision plat covering portions of the Additional Property that are annexed pursuant to the provisions of Article X shall become subject to assessment in the manner provided in Section 5.2.

ARTICLE VI

MAINTENANCE

Section 6.1. Maintenance of Common Area. The Association shall have the obligation to maintain, repair, and replace the Common Area (including the private streets), all landscaping, recreational facilities, and other improvements located in or on the Common Area; and, the costs of such shall be part of the General Assessments.

Section 6.2. Owner’s Responsibility for Maintenance. Pest control shall be the responsibility of the Owner. Each Owner is responsible for the utilities on the Owner’s Lot, and the Owner shall maintain and repair all damaged utility hook-ups. Repairs to utilities shall be made only in accordance with the reasonable rules of the Board. In addition, the Board shall have the right to adopt reasonable rules and regulations concerning the landscaping, lawn and yard decorations, color schemes, and other related matters affecting the outside appearance of each Lot, as well as the Property as a whole; and, the Owners shall be bound thereby.

ARTICLE VII

INSURANCE AND FIDELITY BONDS; CASUALTY LOSSES

Section 7.1. Insurance to Be Obtained by the Association.

(A) Hazard Insurance The Board shall obtain and maintain at all times insurance for all insurable improvements on the Common Area against loss or damage by fire or other hazards, casualties, and risks embraced within the coverage of the standard “extended coverage” policy available from time to time in the State of Arizona, against all other perils customarily covered for similar types of projects (including those covered, by the standard “all risk” endorsement), and against loss or damage due to vandalism and malicious mischief. Said insurance shall be in an amount equal to one hundred percent (100%) of the current replacement cost, from time to time, of all such insurable improvements (excluding land, foundations, excavations, and other items usually excluded from such insurance coverage). The policy or policies providing such insurance shall also contain (if available at no additional cost or at such additional cost as may be determined to be reasonable by the Board), the following endorsements (or their equivalents): (i) “agreed amount” and “inflation protection” endorsements; (ii) “increased cost of construction” endorsements; (iii) “contingent liability from operation of building laws or codes” endorsements; (iv) “demolition cost” endorsement; (v) a steam boiler coverage endorsement providing not less than fifty thousand dollars ($50,000) coverage for each accident at each location; (vi) a “severability of interest” endorsement that shall preclude the insurer from denying a claim of an Owner because of the negligent acts of the Association or other Owners.

(B) Liability Insurance. The Board shall obtain and maintain at all times a comprehensive public liability policy covering the Association for all damage or injury caused by the negligence of the Association or any of its agents, and, in the Board’s discretion and if reasonably available, directors’ and officers’ liability insurance. The comprehensive public liability policy shall provide coverage of not less than one million dollars ($1,000,000) for bodily injury and property damage for any single occurrence.

(C) General Provisions Governing Insurance. The insurance required to be obtained under Sections 7.1(A) and 7.1(B) shall be written in the name of the Association and shall be governed by the provisions hereinafter set forth: (i) all policies shall be written with one or more companies authorized to provide such insurance in the State of Arizona; (ii) exclusive authority to adjust losses under policies in force on Property owned by the Association shall be vested in the Board; (iii) in no event shall the insurance coverage obtained and maintained by the Board hereunder be brought into contribution with insurance purchased by individual Owners, occupants or their mortgagees, and the insurance carried by the Association shall be primary; (iv) the Board shall be required to make every reasonable effort to secure insurance policies that will provide for a waiver of subrogation by the insurer as to claims against the Board or the Owners and their respective tenants, servants, agents, and guests (if securing same will impose on the Association no additional cost or only such additional reasonable cost as the Board may determine); (v) each policy providing such insurance coverage shall require the applicable insurer to give not less than ten (10) days written notice to the Association and to each holder of a mortgage, which shall have given such insurer written notice of such holder’s interest in the Property (which notice must include the name and address of such holder) of any cancellation or material modification of the policy.

(D) Fidelity Bonds. The Board may in its reasonable discretion obtain and maintain at all times adequate fidelity bond coverage to protect against dishonest acts on the part of officers, directors, and employees of the Association and all others who handle or are responsible for handling funds held or administered by the Association. The Board may in its discretion also require any independent management agent, which handles finds for the Association, to obtain such fidelity bond coverage with respect to its own activities (and those of its directors, officers, and employees). The fidelity bonds (i) shall name the Association as obligee, (ii) shall be issued by one or more companies authorized to issue such bonds in the State of Arizona, and (iii) shall be in an amount sufficient to cover the maximum total of finds reasonably expected by the Association to be in the custody of the Association or such agent at any time while such bond is in force. Each such fidelity bond shall provide that the issuer shall provide not less than ten (10) days’ written notice to the Association before the bond may be cancelled or substantially modified for any reason.

(E) Cost of Insurance. All premiums for the insurance or bonds shall be an expense of the Association.

Section 7.2. Insurance to be Obtained by the Owners.

(A) Public Liability Insurance. It shall be the individual responsibility of each Owner to provide, as such Owner sees fit and at the Owner’s sole expense, comprehensive public liability insurance against loss or liability for damages and any expense of defending against any claim for damages that might result from the ownership, use, or occupancy of such Owner’s Lot, Recreational Vehicle, and any other improvements situated on the Owner’s Lot.

(B) Other Insurance. It shall be the individual responsibility of each Owner to provide, as such Owner sees fit and at such Owner’s sole expense, fire, liability, flood, theft, and any other insurance covering the Owner’s Recreational Vehicle, storage shed, other permitted property and personal property within the Owner’s Recreational Vehicle or storage shed.

Section 7.3. Casualty Losses.

(A) Damage and Destruction.

(i) Immediately after any damage or destruction by fire or other casualty to all or any part of the property required to be insured by the Association under Section 7.1, the Board or its designee shall (a) proceed with the filing arid adjustme