-t ven II. 1\·l ezer, . q. Bu b Ro ardner WarTen & Rudy P. . Post Offic Box 3913 Tampa, • L 33602 (8 1 ) 204-64 2 (813) 22 -9620 FAX

INSTR # 2003533697 0 BK 13409 PG 0926 Pgs 0926 - 973: (48p~) RECORDED 12/19/2003 04 :16:00 PM RICHARD AKE CLERK OF COURT HILLSBOROUGH COUNTY DEPUTY CLERK A Scott

'N , 'RRY RE 0 as President) and FRANK JUL[A , as ecret ry/Trca urer of the Calu a Trace Mas r A soc iation Inc ., hereby attest as follows :

WHERE. , al sa race is p atk subdivision ·n T illsbo ough ounty appearing in Plat o k 6 Page 30 as Unit l appearing m Plat Book 9 P g 21 a to nit Tw ~

appearing in PI Book 69 Page 2 \ as to n·t 3~ appearing in PI t Book 71, Pag-.. 70 as t n·t 5, Phase 1· appearing in PI Bo k 73, Page 46 as to nit 5, ha c 2 ap earing in Plat B k 74, Page l , as to Unit 9 Phase I; appearing in Plat Book 74, Page 43, as to U 1 9, Phase 2~

appearing in Plat ook 75, Pag 12 as to Trac 12 and appearing in Plat B ok 77, Page 19 as o nit 13 and is subject l that Master Declaration o ovcnants, ondi ti ons an Res rictions r

C lu a Tra e as origi ally recorded on ov mb r 13 1991 in Official Re ords ook 6431, Page 1044, et s q. of th pu lie record of Hillsbor ugh ounly ("Original De I r tt n'') and

ende and Rest lc on Nov bt.:r I 0, l 97. as re orded in Official Records Book 7 8 p g 254 of the pub lc records of H: llsbor u h ounty, Flori a ("Amended and Restated'')~ and

0\V HERE · RE, We, RRY RE 0, Pr sident and F ( JULIA ccr . ry/Tr as rer, f La lu T ace Master Associatio 1, lnc., h r by certtfy lhat t . "vJa tcr ec laration of Covcnan s ndiuons and Re. trictions for alusa race, as origi ally reco de

on 1 ovcmbcr 13 1991 in Offici a Record Bo k 643 I, Page I 044 L eq ., o he p lie recor s of Hillsborough ou ty and as Amended an Res e and recorded on ovem cr 10 1997 1n

ffi ial R cor Book 7 page 1254 et s q., o th public records of Htll borougl County, Florida is at acl e · h ret with t the text and punctu tion that has been s rick n from !he

riginal D clarati n and wi thout th u c of double-und rlin d t xt to indica c t xt a d pt net at ion th has been added or has been rc oved. No other amc1 dme ts havt: been mad · m th1 Amt.:nd d an Restated 0 !aration.

EL TE T ATTA 11 ~.J) II RE A XHilllT HA"

Re triction for .alu ·· Trace Pag 2

- -·--· .. - - J -- ··-··· - ··- -··-

Dated th1s ____!1 17J illy f ovcmber, 200

AI ' A RA E A I.t\ TI ~~ fN .

(Corporal-.. Sea.)

T. T · F ·LORID.

CO TYO P CO

I riEREBY ERTrFY that this 17# d y of November 2003 before me personally appeared RRY RE 0 and FRANK JULIAN, Presid .nt a d ecretary/Tr asurer r spectively of alusa Tr ce Mast r A sociation, lnc. , to m-.. well kn wn lO be th person who cxecut d this Certifi of Am n m nt to th Amendment to and Rcstat ment of Am nded an Restate Master Declaration f ovenants Con ilion and Restrictions for Calusa Trace and acknowledged before me according to law that ea h has made and u scrib d the same for he purposes he in menti n d and ct forth.

In Witn s Wher of, I have hereunto set my hand and offic · I seal thi _ d y of ov mbl;r 2003 .

Print arne: ~.=N !J. ~ t:r: r-z ~~~~----------------------

303263 .1

2

TED D

Tiff IN TR fENr is made as of the 28th day of Oct ber 1997, by Richland alusa race Ltd. a Florida lin1ited partnership ("Richland').

\VITNE TH:

WI RE. the Amend~.::d and R stated ~laster Declaration of ovenants, onditions and Restri tions for Calusa Trace was recorded on lhe 13th day of November 1991

in Official Records Book 6431, Page I 044, public records of Hillsborough County, Florida. as has been amended from time to time ('Original Declaration")' and

\\'1 REA , Richland is the D clarant under the terms of the Original Declaration; and

\VREREAS Article XVni, Section 1 of the Original Declaration states that the Declarant shall have the power to unilaterally an1end the Original Declaration, without the approval of any of the Owners or mortgagees, to, inter alia, make changes which do not have a material advers etTect on any Owner; and

\VHEREAS, Richland desires to amend the Original Declarat ion to make the provisions of the Original Declaration and the exhibit th~.;r to consist nt with (1) applicabl Florida law and (2) the course of development of the Cal usa Trace subdivision since the recording of the Original Declaration· and

WHERE , the amendments made herein by Richland do not have a material adverse effect on any Own r;

NO\V Tf FORE, in consid ration of the foregoing, Richland as Declarant, hereby amend th Original Declaration and r state the provisi n of th Original Declaration for purpo es of clarity (all amendments to the Original Declaration made her by arc evidenced through the usc of strikeout text to indicate langua,::, and pun tuation that has been stricken and the use of double-underlin d text to indicat I nguagc and punctuation that has b n added):

ARTI L E I. Definition

Th tcm1s " e tion' and ·paragraph wh re used in thi Declar tion and the Master As ociation' By-Laws and Article of Incorporation are ynonymous unless the context oth rwis requir . The term ' land" and property" arc ynonymous unle s the c ntext otherwise requir . Th following word and phra es when u cd in thi eclaration sha ll hav the following meanings:

cti n 1. Architectural ontroJ Committee~ or' ommittcc' hall mean and refer to the ommittcc appointed by the Board of Directors f the Ma tt;r Association ~ r the

purposes set forth in this eclaration. Th Board of Dir ctors hall serve as the ommittee until such time as the members of the comrnjtt care in fact appointed by the Board of Directors.

S ction 2. [RESERVED FOR FUTURE USE]

s~cti n 3. I Article. of Incorp ration' or 'Article shall m an and r fer to tht: Articles of In corp ration of the lvfaster As ociation, tta hed her to as xhibit B,' as the same may be amended fron1 tin1e to time.

S ction 4. "As essmenl shall m an any amount l vied against a Lot for the payment of expense incurred by the lvfaster Association and shall b deemed to comprise collectively the Base A sc sments and any Special Assessment levied against a Lot. Where applicable or where the context nccess rily dictates ssessment shall also include any

pecific Assessment.

S ction 5. \ Base Asses mcnt shall mean and refer to assessments levied to fund ornrnon Exp ns s for the benefit of all Members of the Master As ociation.

Section 6. Blanket id lity Bonds shall mean, for anyon who handles or is re ponsible for funds held or admini tered by the Mast r Association, any b nds covering th maximum fund that will be in the custody or control of the Master Association or any managing ag nt, which coverage, [! r each such person, sha11 b in an amount equal to at least the sum of three (3) months of Ba c Assessments on all Lots plus reserve funds.

Section 7. 'Board of Director~ or 'Board' shall mean the elected body of the Master Association having its normal meaning under Chapter 617 Florida Statu! s.

Section . 'By-Laws' shall mean and r fer to the By-Laws of the Master A s ciation at1ached herct as Exhibit "C, and incorporated herein by reference, as may be amended from time to time.

ection 10. ammon Area or " ommon Areas' shall mean and refer to those tract designated as orrunon Area or ammon Areas and dedic ted to the Master Association, either directly by deed or on the plat r plats of the Property, as well as such other property, both real and personal as provided in this Decl ration , ''Common Ar ' or Comm n Areas may con i t of ntrance way features recreation reas f ilitie ancVor building(s) and improvement improved or unimproved r al property pumps> dikes lak waterways, canals conservation ar as, drainage areas, parks grass and/or land caped areas (including such areas b tween th str t curb or strc t and a idewalk running parallel to such trccl), buf[i r zones. personal property, treets idewalks, street and other lighting, fire hydrants, pedestrian areas, casements tran it stops, bus shelter , p ved ar as and uch other propcrti which may be designated Con1mon Ar~as and such other improvement as described in thi D clarati n. It is the intenti n f the Declarant to design at· portions f the land n the plats of the Prop rty as w II other p 11.ion f the Property as ommon Areas nd to · nvey fcc si mplc titl to such

ornmon Ar a r .omm n r a t theM t r Associati n a h reinafter pr vided. - 2-

ection 11. ommon xpense shaH mean and include, but hall not be limited to, the actual and est imated exp nses incurred in the ownership, maintenanct;, r pair replacement, reconstruction, improvement, operation and compliance with all laws, rule and r gulations of all Gov rnmental Authoriti of, or with respect t the ommon Areas, and the funds necessary for lhc proper operation of the rvfaster Association, including any reasonabk res rves, all as m y be found to be necess( ry and appropriate by the Board of Directors pur uant to this Declaration the By-Law and the Articl s of Incorporation of the t\.1ast r Association.

ection 12 . " onununity-Wide Standard shall mean the standard of conduct maint nance, or other activity generally prevail inc throughout the Prop rty. Such tandard may be m re speciiically determined by the Board of Directors or the mJniu.ee in accordance with the pr visions of this Declaration.

ection 1 [RESERVED FOR FUTURE USE]

ccti n 14. 'D clarant" shall mean the Person executing this Declaration, or any Person who may be assigned the rights of Declarant pw-suant to a written assignm nt executed by the then present Declarant and recorded in the public records of Hillsborough County, lorida. [n

addition, in the event any person obtains title to all of the Property then owned by Declarant a a result of the foreclosure of any mortgage or deed in lieu thereof, such Person may elect t

become the Declarant by a written election r corded in the public record of Hill borough County, Florida and r gardless of the exercise of such el tio~ uch Person may appoint as Declarant any third party who acquires title to all or any portion of the Property by written appointment recorded in the public records of Hillsborough County, Florida. ln any event, any subsequent Declarant shall not be liable for any default or obligation incurred by any prior Declarant except as same may be expr ssly assumed by the subsequent DeclaranL

Section I 5. [RE ERVED FOR FUT USE]

Section 16. Declaration" means th Amended and Restated t\.1a tcr D cl rati n of ov nant Conditions and Restrictions for Iusa Trace as record d in the public r cords of Hill borough County Florid as has been and may be amended fr In tin1c to time.

eel ion t 7. ~(Gov mmental Authority(ies) shall mean Hillsborough ounty. the v mment o the nitcd States of America) the State of Florida, and each and every agency,

division, conunission subdivi ion and instrument lity f the forcg ing, any or all of which have juri diction over the Property or any part thcr f xcept thal i f r ~ rene i made to a single g v ming authority such tenn shall include only the ingle g verrunental uthority pccified. Such t nn shall also be d em d to includ any qua i-Govemmental body (oth r than the N1a ter A sociati n) having jurisdictional a thority over the Prop rty.

ccti on l . [RE ER VED FOR FUTUR · E]

ec tion [9. individual I t

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the h ach

Own r is required to install on such Owner's Lot and connect to the:; R claimed Water Distribution ystem when the Reclaimed Water is made available to its the Property.

Section 20. ' Institutional Lender11 shall m an any company or entity holding a mortga0 e cncun1bering any portion of the Property, which in th ordin ry course of business makes, purchases, guarantees or insures mortgage loans, and which company or entity is not owned or controlled by the Owner of the portion of the Property ncumb r d. An Institutional Lender may include but is not lirnited to, a bank, saving and loan association, insurance company, real estate or mortgage investment trust, pension or profit sharing plan, mortgage company, the Federal ationaJ Mortgage Association, the Federal Home Loan Mortgage orporation an agency of th United States or any other Governmental Authority or any other imilar type of lender g nerally recognized as an institutional-type lender. For definitional purposes only an Institutional Lender shall als mean th holder of any tvfortgage executed by or in favor of Declarant, whether or not such hold r would otherwise be consider d an Institutional Lender.

cction 21. '\Majority Vote or 'Vote' means a simple maj rity (more than fifty (50%) perc nt) of lhc votes entitled to be cast by ~embers present in person or by proxy at a duly held meeting of th Member at which a quorum i present. Any vote of a specified percentage of Members means that percentage with respect to the total number of votes entitled to be cast by tvtcmbt;rS present in person or by proxy at a duly held m~ ting at which a quorum i pre ent. Any vote by a sp cifi d p rcentage of the Board of Director (or the Conunittce me n th t percentage with respect to votes entitled to be cast by directors (or committee Members present) at a duly held meeting of lhe Board (or th ommittcc) at which a quorum i present. Any vote of or approval by a specified percentage of th Mortgagees means vote of or appr val by the Mortgagees of ots calculated according to the number of votes allocated to the Lots on which each has a Mortgag .

. ection 22. 'Master Ass iation' or "Association hall mean and refer to Cal usa Trace Master Association, Inc., a Florida corporation not-for-profit and i success rs or assigns the Article of Inc rp rati n and By- \ f whi h corporation are attached h ret Exhibit "13' and ". The usc of the t m1' association, or .. associations" in lower case shall r fer to any or oth r prop rty \VDCr ' association having juri diction over any port i n of the Property (if any.

Section 23. "Master Distribution ysten1' hall mean the R claimed \Vatt;r System, including all nece sary pumping, and distribution facilities, including latera] which has been constructed pursuant to the Reclaimed Water Agreement

Section 24 . ' Membern hall m an and r {; r t a P rs n entitled t m mbe hip in th ~aster A so iation , pursuant to the D claration th Articl s nd the By- aw .

hall m an and r ~ r to a mortgag , d ed of trust, a deed t

urity de J.

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Se tion 2 M rtgag .

h 11 me n and n.:C r t a b ncfi tary or holder of a

Section 27.

Section 2 . 'Multi family Residential nit' rncans any Lot upon which the improvem nt are primarily intend d for u c and occupancy as a residenc containing more than one dw lling unit and unless otherwise sp cified include , without lin1itation, Lot containing rental apartments or elderly congr gate care facilities .

Sec ti n 2 9. Owner shall mean and refer to one ( 1) or more per ons who hold the record title to any Lot which is a portion of the Property, but excluding in all cases any party holding an interest merely as security for the performance of an obligation.

ection 30. other legal entity.

Person' shall mean a natural person, a corporation, a partn rship a trustee or

ection 31. D FOR FUTURE SE]

Section 32. ~~Propertv' shall mean and refer to the real property ubj cted to the covenants conditions and restrictions contained in the Declaration. As of the date hereof, based upon the additions and subtractions t and from the Property which have oc urred since the recording of the original Declaration in Official Records Book 431, Page 1044. public records of Hill borough ounty, Florida, the Property hall be considered to be th real propeny de cribed in Exhibit hereof.

Secti n 33. ''Reclajmed \Vater· shall m an th wat r which the · wn~..:r of any portion of the Property i obligated to accept for purpose of irrigat1 n of uch wn r's Lot pursuant to the Reclairned \Vater Agreement.

S ct10n 34. Agreement hall m~..:an that certain agreement bctwe n :.J alusa Trace rporation the original D clarant under the De aration, n Hillsb rough OW1ty Florida, for the delivery and use of Reclaimed Water, a memorandum of whi h has be nor will be record d in the public records of Hillsborough County Florida.

cction 35. ''Reclaimed Water yst m shall mean (i) the pipelin and tran mission yst ·m from the V n Dyke \Va tcwatcr Treatment Plant (th "Plant ) t the point(s) of

conn ction to th" M ter Distribution ystcm~ (ii) the fa tcr Distributi n yst m; and (iii) Individual Lot or Par l pr y lrrigati n ystems.

cction _ . mean tht: rules an l r gul lion of tht; A iati n go eming th us 7 occupancy operation and phy ical a the Propt:rty adopt d from time l time by th" B ard f Directors.

cction 7. ' Je ial Assessment'' shall m ._ n and r [i r t tn nt I vi d m accordanc with rti ·lc X, Section 4 f this eel ration.

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Section 38. H ubsequ nt Amendment' shall n1ean an amendm nt to this Declaration which subjects adctitional property to this D laration. Such Subsequ nt Am ndmcnt may, but is not required to, impose, expre ly or by refer nee, additional restrictions and obligations on the land submitted by that ubsequent Amendment to th provisions of this Declaration.

S ction 39. ' Umt shaii mean a portion of the Property int nded ford vclopment, use, and occupancy as an attached or detached residence for a inglc-family, and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) condominiurn units, townhouse units cluster hom s, patio or zero lot line homes, and singl -family detached homes on separately planed lots, all as may bed vcloped, used, and defined as herein provided or as provided in Subsequent Amendments coverin0 all or a portion of the Prop rty. The term shall include all permanent improvements located on a Lot which arc d signed for residential occupancy and use. The tenn hall not include all or any portion of a

1ultifamily Re idential Unit.

S ction 40. pecific Assessment' shall m an and refer to thos assessments levied in a cordance with Article X Section 12 of this Declaration.

ection 41. ~ Lot'' shall m~.;an and refer to a subdivided lot capabl of separate ownership created pursuant to a plat or plats of the Property approved by Hillsborough unty and recorded in the public records of Hillsborough Olffity Florida. A Lot if developed shall contain a maximLun of one nit~ provided however th t every Lot upon which multi-family residences ar permitted may contain more than one niL

ART I reas

ection 1. onveyancc of

(A) The Declarant, by th recordation of various plats of the Property an by the dedication contained in such plat "' shall b~ deemed to have conveyed to the Master Association the Common Area if any dedicated to th Ma t r Ass ciati n a set forth on ~ uch plats. he Declarant shall further convey such ammon Areas t the Master As ocialion by Quit laim D ed. Additionally, Declarant shall have the right to convey title to any portion of th Property owned by it, or any easement or interest ther in to the Master A sociation as a ammon Area, and the faster A sociation h ll b required to ccept su h c nveyan e. Any uch conv yance sh II bt; effective upon recording the deed, plat or instrum nt of conv yanc in the public r cords of Hill borough ounty, Florida.

m ndm nts which are for th purpose fa ding ommon Areas n ed only be cxecut d by th Declarant without the j indcr or approval f the M ster As ociation or any Mortgagee or any iv1 mb r, and su h Amendment shall be record J in the Public Record of Hillsbor ugh ounty, Florida.

(B) Any oth r Per on may also c nvey title t any porti n f the Propc.:rty wned by uch P r n or any casement or int r · t therein, 1 the M t r Association"' a ommon

Ar a, but lhe Master Association hall not be required t accept any uch c nvcyancc and no ~ uch

conveyance shall b cffectiv to impo e any hli tion for the maintenan c, operation or

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1mprovcm nl f any uch property upon the Ma ter A ~ ctat.IOn, Wlh.:s tht; iloard expr ssly accepts the on yance by executing the deed or other instrument of conveyance or by recording a written acceptance o such c nveyancc. in the public records of Hillsborough unty Florida.

Sc.;ction 2. s and Benefit. All Conunon Areas shall b held by the Master As ociation fi r the use and benefit of the Master A sociation and its ~~ mbers, the residc:.:nts of the Property and their rl;sp ctiv guests and invitees, the holders of any Mortgage ncumb ring any portion of the Property from time to time, and any other persons authorized to use the

ammon Area or any portion thereof by D clarant or the Master As ociation, for all proper and r asonabl purpo es and us s for which the sam arc reasonably intended. Such pllq)oses and use shaH be subj ct t the term of this Declaration, the terms of any easem nt restriction, reservation or limitation of record affecting the Common Areas or contained in the deed or in trument conveying a Common Area to th Mast~r Association and to any Rul and Regulations ad pted by the rY1astcr Association. An easement and right for such use is hereby created in favor of all Owners a an appurtenance to the title to th ir Lot.

ection 3. Granl and Modification of Eas ments. The Bo rd of Directors shall have th right to gr nt, modify or tenninat easements over, under upon and/or across any portion of the Common Ar a, and shall hav the furth r right to modify, rclocat or tenninat existing easements in fav r of the Master Associ tion. 1 otwithstanding the foregoing, the Master Association shall not have the right to modify or tenninate any cas ment grant d to a Governmental Authority without such Governmental Authority s prior writt n consent.

ecti n 4. dditi ns, Alterations or Irnprovemcnt . The 1 ster Association ha11 have the right to make additions alterations or improvements to th~ ammon Ar , and to purchas any per on l property, as it d ms nc.::c sary or d irablc from time to tirnc; provided, however, that the a provat of 2!3 of the total voting interest in the Association shall be rcquir d if any recr ation I facility i removed or sub tantially and a versely affected or for any addition, alteration, or improvement or any purchase of pers nal property exceeding a suzn equal to one ( 1) month s total Assessments for ammon xpenses payable by all of the Members or if the cost of the foregoing shall in any fiscal y ar xcccd in th aggregate a sum equal to two (2) m nths Ba e Assessments payable by aJI of the Members. Th foregoing approval hall in no event be required with respect to expen incurred in connection with th maint nanc

repair or replac .ment of existing ammon Areas any existing irnprovements or pers nal property associ ted th rewith or complianc with any law ordinance, rule orr gu1ation f any Govenuncntal Authority. The co t and cxp nse of any such additionst ah rations r improvements to the Common Areas or the purchase of any personal property, sha 11. be a omrn n xpcn e. In ddi ti on, so long as Declarant wn any portion of the Prop~rty, Declarant hall h v the right to make any additions, altc.;rations or impr vements to lhe Common Areas as m y b d sired by Declarant in its sole di cr ti n from tim to time, t clarant's cxp ns .

ecti n 5. D fault. Any Mem r or Institutional ender may pay for any utili tic , xes or a s sments l r in ura.nce premiums which ar approv d by but are not paid by the

rvta t r A ociation when due, or may cure new in uranc up n the lapse of an insura1 ce

p Iicy, and hall be owed rcimbursem nt therefore from the Master As ociati n plus int rest and any co f collection, including attorneys fee ,

Secti n . [RE ERVED R FU lJ E]

ection 7. Surface Wat r tvfan gement System. It i acknowledged that the surface water managetn nt and dr inage system for the Property is one integrated system and accordingly shall be d~.:emed a Conunon Area, and an easement is hereby created over all portions of the Property not cover d by permanent tructures or improvements for surface water drajnage and for the installation and maintenance of the surface water managem nt and drainage syst m for the Property and any other real property from which surface water is to drain into the Property as required or approved by any controlling Govenunental Authority- provided however that such easement shall be subject to improvements constructed within the Property as permitt d by controlling Governmental Authorities from time to time. otwithstanding the foregoing provided that the obligation to maintain the urfacc wat r managen1ent and drainage sy tern has been convey to and assumed by Hillsborough County, Florida (or other appropriat government agency) the Master Association may, nevertheless, be obligated to continue to perform at its cost, certain functions, including, but not limited to, surface water monitoring.

Section 8. ortgage and Sale of Common Area. Th Master Association shall not abandon partiti n ubdivide, encumber, sell or tran C r any ommon Ar a owned by the Master Association without the approval of at least 213 of th total voting int rests in the A socialion. If ingre s or egress to any portion of the Property is through any Common Area any conveyance or encumbrance of such Comm n Area shall be subject to an appurtenant easement for ingress and cgr in favor of the Owner( ) of such portion of the Property, unless alternative ingress and gre s i provided to the Owner(s) .

ARTI LE Ill. 1\'lembership and Voting llights

ection 1. Membership. Every 0\ ner as defined in Article I, shall be deemed to have a rn tnber hip in the Mast r Association. No Owner, (other than the owner of th t certain r a) property whi h constitute a portion of the Property and which is legally de cribed in Exhibit ' D ' att hcd hcret and mad a part hereof which portion of the Property shall bt; r (I rred to herein aft r a "Unit I 1 ') whether one (I) or m re Person , . hall have more than on ( l) member hip per Lot owned. In the event the Owner of a ot is more than one ( 1) Person, voting and us rights and all rights of use and mployment shall be as provided herein and in the By-Laws. The rights and privileges of membership may be exercised by a Member or the ivtember s pou c..:, subje t t the pr visions of thi Dccl, ation and th 13y-Laws. Th member hip rights of a Lot owned by a corporation r partn rsh.ip hall be excrcis d b the indivtdual dcsignat d by the Own r in a written instrum nt provid d to the s r tary of th N1astcr Ass ciation, subject t the pro vi ion of this Declar tion and the By-Laws.

otwith t nding the foreg ing and any other provi ions to the contrary Unit ll ha been d ignated a a Multifamily Residential Unit. The Owner of nit ll hall have r shall b · d emed to have th numb · r of votes equal to the number of multifamily dwelling units actually c n Lru t don l nit ll or [I rty four (44) vot s whichever is lc

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e ·tion 2. Voting. The Master Association sh 11 have two (2) classes of member hip, lass A" and I s ' ", as ~ Uows:

(A) '1 ss "A Ivlemb rs shall be all Own r (including the Owner f nit 11) with th exception of Clas ' ' Member if any. lass hA M mb r (except with

r gard to the Owner of nit 11) sh 11 b entitled to one ( 1) vote ~ reach Lot in which they hold the inter t requir d for membership under Section l hereof. There shall be only one ( l) vote per Lot own ·d by Ia 'A ' Meinber. With r g rd to th(.; Owner of Unit l 1, the pro vi ion f

ection I above shall b controlling as to ~ uch Own r' voting rights. Unl s otherwi c specified in this Declaration or the By-laws, the vote for each Lot shall be ex rcised by a

emb r. In any situation wh rc a Iv1ember is entitled p rsonally to exercise the vote for such M mber s Lot and more than on ( l) Person hold the record tit I intcre l in uch ot required for member hip the vote for such ot shall be exercised as thos per ns d t nninc among themselves and advis the secretary of the Ma ter Association prior to any meeting in writing signed by all uch Person . In the absence of such advice, the vote for a L t shall be susp nded if more than one ( 1) Person seeks to exercise it.

(I3) (RE ERVED FOR FUTURE USE.J

(C) the D clarant. he rights of th la s '' emb r including the right t approve actions taken under thi Declaration and the I y- aw , are pecifi d elsewh re in th Declarati n and the ByLaws. Th Class Memb r shall be entitl d to one (I) vote per Lot owned nd, in addition, hall be entitled to appoint the members of the Board of Directors during the Declarant Control Period, a specified in Articl Ill, Section 2 of the By-Law . M mb rship shall terrnmate and become converted to

Ia s' A' memb r hip upon the earlier of:

(1) 'When ninety p rcent (90°/o) of the Lots pcm1it1cd by the applicable zoning for the Prop rty have certificate of oc upancy issued thereon and have been conveyed to Persons other than the Declarant or build rs holding title olety for purposes of development and sa le; or

t;Xe uted with th unty) Florida.

(2) Dccemb r 31 ,. 20 ll · or

(3) when, in its discretion, the Declarant so specifies by a writing nnalities of a deed and recorded in th public record of Hillsborough

ARTI LE IV. 1\tlaintenau e

ection 1. Ass ciation! Re ponsibiliti . The tvtastcr Association sh II maintain and ke p in g od repair th Common Area , uch maintenance to be funded as hercinat1cr provided. his maint nance shall include but need not be limited to repair and replacement ubjc t to any insurance then in effect, of all landscaping and other flora, structures and improv m nts ituatcd upon such C m.mon Areas and ground water monitorin to ensur maint nance f the surficial aquifi r, the Floridian Aqui(i rand the adjacent public potable supply wells.

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he aster Association may znaintain property which it do s not own, including, without limitation, pr perty dedicated to th pubhc or to a pecia1 trccl Light Tax District if and when formed within the Property, if the Board of Directors detennin s that such maintenance is nee ssary or desirable.

The Ma t r A ociati n shall maint in all Common Areas and all improvem nts there n, in good condition at Jl Ljmcs. IC pursuant to any easement th Master Association is to maintain any improv ment within any portion of the Property, th n the l\-1 ster A sociation shall maintain uch improvement in good condition at all times. In addition, the M ster A soctation hall have the right to a sum - th obligation to operate andlor maintain any portion of the

Prop rty which is not owned by the Master As ociation if the Board of Directors in it sole discretion, detemunes that the operation and/or maintenance of any such portion of the Property by the Ma ter Association would be in the best int rest of the residents of the subject property. In such event, where applicable, the iv1aster Association shall so notify any Owner or association otherwise responsible for uch operation or maintenance, and thcreaft r such Property shall be op rated and/or maintained by the Ma ter Association and not by the Owner or any such a sociation, until the Board of Directors determine no longer to assume the obligation to operate and/or maintain such Property and so notifies the appropriate Owner or association in writing. Without limitation the Master Association shall have the right but shall have no obligation, to assume the re ponsibility t operate and/ r maintain any walls or fences on or near the boundaries of the subject Property, and any pavement landscaping, prinkkr systems, sidewalk path signs, entrance features, or other improvements in or within forty (40) fe-et of any public road right-of-way within or contiguous to the subject Property. To the extent the Master A ~ociation assumes the obligation to op rate and/or maintatn any portion of the Property which is not own by the Master Association the faster Association and its agents shall hav an asemcnt and right to enter upon such portion of the Property in coMection with the op ration in

or maint nance of same, and no such entry shall be deemed a trespa . Such assumption by the ~laster As ociation of the obligation to operate and/or maintain any portion of the Property which is not own d by the M ster A sociation may be evidenced by a supplement to this

e tar tion. or by a written document n . .:cordcd rn the public r cords of Hillsborough County l rida and may be made in conn ction with an agre mcnt with any Own r as ociation, the

Declarant or any Governmental Authority otherwise responsible for such operation r maintenance, and pur uant to any such document the op ration and/or maintenance of any portion of the Property m y b made a pennanent obligation of th Mast r Association. The B ard f Direct rs may al o enter into agreements with any Pcrso r any Governmental Authority to shar in th maintenanc rcspon ibihty of any portion of the Property if the Board of Directors, in its sole and absolute di cr tion dctermin s this would be in the b st interest of the Master A ociation. Notwithstanding the for going if any 0\vner or any resident of any Lot, or their gu st or invih.:cs, damages any portion of the onunon Area or any improvement there n the Owner of such Lot sh 11 be liable to tJ1e Master As ociation for the cost of a repair or re t ration t th extent n t c v re by the M ter A sociation s insuran .

Section 2. wner Re p nsibility. ach O\.V11cr sha ll m intain u h Own r s L t

and Unit, parking ar as and other improverncnlS contajned th r in (including, if any, the twenty (20) foot area adjacent to any lake b rd ring a L t) in a manner c nsist nt with the Comn1unity­\:Vidc Standard an all applicable re trictivc covenants and all rule duly promulgat d by the

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l'vlaster Association unless such mamtenance and r pon ibility is otherwis a sumed by or assigned to an association pursuant to an additional restrictive cov nants applicabll; to such Lot. If any wn r f ils properly to perform such Owner s maint nance responsibilities, the Master A .. ociation may perform such actions as may be necessary and assess all co ts incurred by the Mast r Association again t the Lot and th Owner thereof in accordance with Article X of this D clarataon. The tv1asler Association prior to entry, shall afford the Owner reasonable notic and an opportunjty t cur the probl m resulting from an Ov:ner s failure to prop rly perform su h Owner's maintenance responsibilities· provided, how ver, that in the event of an ' mergency" (defined for purposes h rein as an occurrence which h led or n1ay lead to harm and/or damage to per on or property) the Master Association shall have no obligation to provide the subj ct Own r with reasonable notice and an opportunity to cur . 1 otwithstanding the foregoing the Master A sociation may, at its option maintain all landscaping within twenty (20) feet of any lake or canal or within or adjacent to any public road contiguous to or withjn the Property.

All Owners, including builders, will mow and maintain undeveloped Lots prior to construction so as n t to d tract from the value of the surrounding area. All nits and the exterior of all Lots and other structures shall be maintained in a neat and attractive condition by the Owners. uch maintenance shall include, but is not limited to, painting repairing, replacing and maintaining roofs, guners, downspouts, building surfaces, tress, shrubs lawns, walks and other exterior improv ments. The Association through its Board of Directors, shall have a right to nter upon the Lot of an Own r and Wld rtakc the Ov..rner's obligati ns li ted in this Declaration. Prior to undertaking such acts on behalf of th Owner the As ociation shall give the Owner written notice of non-compliance and allow reasonable time to cure same. All costs incurred by the Association for any and all actions to insure compliance with the maintenance obligation shall be chargeable to the Owners by a Special Assessment or other charge a further defined in this Declaration.

Section 3. [RESERV 0 FOR FUTURE USE.)

S ction I. Insurance. The Board of Directors or its duly authorized agent, hall have th authority to and shall obtain blanket all-risk insurance, if reasonably available, for all in ur ble improvements on th Common Ar a. If blanket all-risk coverage is not reasonably available then at a minimum, an insurance policy providing fire and extended coverage shall be obtained if reasonably available. This insuranc shall be in an an1ount sufficient to cover one hundred perc nt ( l 00~) of the replacement co t of any r pair or n::con tructi n in the event of damage r destruction from any insured hazard.

The Board shall also obtain a public liability policy coverin th mmon Area, the Maskr ociation and its Members for all dam ge or injury cau ed by the negligence of the Master s ociation or any of its Members or agents . The public liability policy shall hav at least a On Million Dollar ($1 ,000,000.00) single person limit as resp ct bodily injury and prop rty damage a Three Million D llar ( 3)000,000.0 ) limit per occurr nee, if reasonably available and a f-ive Hundred Thousand Dollar ( 500,000.00) minimum pr p rty damage limit.

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Premium for all insurance n the mmon Area shall be ammon Expenses of the Iv1a t r As oci tion and sh II be included in the Base Assessment, as defined in Article l, ection 5, and as more particularly described in Article X, Section 1. The policy may cont in a rcas nable deductibl , and, in the cas of casualty insurance, the amount thereof shall be added t the face amount of the poli y in dctcnnining whether th in urance at least equals the full replacement cost. The deductible shall be paid by the party wh would be liable for the loss or repair in the absence of insurance and in the event of multiple parties shall be allocat d m relati n to the amount each party's los bears to the total.

All insurance coverage obtain d by the Board of Directors shall be written in the nan1e of th ~1ast r Association as trustee for the respective benefited parties as further id ntificd below. Such insurance hall b governed by the provisions hereinafter set fonh :

(A) All policies shall be written with a company licensed to do bu iness in Florida which hold a Best s rating of A or better and is assigned a financial size category or XI or larger as established by A.M. Best Company, Inc. if reasonably available, or if not available, the most nearly equivalent rating.

(B) All polici s insuring the ommon Area or any portion thereof shall be for the benefit of th Master Associ tion, and its tvtembers and the first lVlortgagees of Lots.

(C) Exclusive uthority to adjust lo ses under policies obtained by the Master Association on the Property shall be vest d in the Board of Directors; provided however no ?vtortgagee having an interest in such loss s may be prohibited from participating in the sl;ttlement neg tiation , if any relat d thereto.

(D) In no event shall the insurance coverage obtained and maintained by the Board of Dir ctors hereunder be brought into contribution with insurance purchased by individual 0 ncrs, occupants, or their rvfortgagees.

(E) All casualty insurance policies shall have an inflation guard endorsem nt, if rc n bly availabl and an agreed an1ount endorsement with an annual r view by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the illsborough ounty, Florida rea .

(F) The Board of Dir ctor hall be required to mak very reasonable effort to ecure msurance p licie that will provide forth following:

(l a waiver of subrogation by th insurer as to any claims against the Board of Directors any manager of the Master A ociation, the Owners and their respective tenant , servants agents and gu - ts;

(2) inst ad f p ying cash

a watver by th insur r of its right t rcpa1r and reconstruct,

(3) a statement th t no policy may be can lied, invali ted usp nd d, r subjeu to a non-renewal n account of any on r more individual Own r ;

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( 4) a tat ment that no policy m y b cancelled, in val idat d, susp ndcd or subj ct to non-renewal on account of the conduct of any director, offic -r, or employee of the Master Association or its duty authorized manag r without prior demand in \vriting deliver d to the Mast r Association to cure the de ect and the all wance of a reasonable tim ther aHer within which th defect may be cured by the Master Association, its managers, any wn -r, or !vfortgage ;

(5) th t any Hother in urance" clau e in any p !icy exclude individual v.'Tl r , poli fr m con iderati n; and

(6) that the Master Association will be given at least thirty (30) days prior writt n notice of any cancellation, substantial modification or non-renewal.

In addition to the oth r insurance required by this Section, the Board shall obtain, as a C mmon ·xp ns~.:: work r' comp nsation insuranc , if and to the extent required by law directors and offic rs liability coverage, if r asonabl available~ and a Blanket fidelity Bond or B nds, if rea onably available. Bonds shall contain a waiver of all defenses ba d upon lh exclusion of persons serving wilhout compensation and shall require at least thjrty (30) days prior written notice to the rvtastcr Association of any cancell tion, ubstantial modification, or non-r newal.

S tion 2. Individual Insurance. By virtue of taking title t a Lot each Own r covenant and agre with all other Owners and with the Master Association that each Owner shall carry all-risk casualty in uranc on such Owner s Lot( and any structures constructed thereon constituting all-replacement cov rage to the ext nt c mm rciatly availahl ti r purcha e. ·ach Owner further covenant and agrees that in th event of a partial loss or damage and

destruction resulting in a l s than total de truclion of structures contained on an Owner' L t, uch Owner shall proceed promptly to repair or to recon truct the damag d structure in a mann r

consist nt with the original construction or such other plans and specifications as are approved in ccordanc with Articl XI of thi Declaration. The Owner shall pay any costs of repair or

reconstruction which is not covered by insur n e proceed . In the event that the structure i totally destroyed the Owner may d ctde not t rebuild or tor con truct, in which c s~ the Own r shall clear the Lot of all debris and return it to substantia fly the natural state in which it exi ted prior to the beginning of construction, and thereaft r the Owner shall c ntinue to maintain th

ot m a neat and attractive condition consistent with the Community~ Wide tandard.

Section 3. Damage and Destruction.

(A) lnuncdiately after datnage or d~slruction by fire or th rca ualty to all or any porti n of the Property covered by insurance written in the nam of the rvtaster A sociation, th B ar f Direct r r its duly authorized agent shall proceed with the filing and adjustment of ll cl im ari ·in under such insuran and obtain r liable dctai l d estimate of the cost of r pair or r construction of th damaged or de ·troyed p rtion(s) f th Prop rty. Repair r re onstructi n, s u cd in this par graph, mean repairing or r toring th ~ Prop rty to substantially the arne condition in which they existed pri r to th" fir r other ca ualty, llowin for any changes or improvcn1c.nt nee ssitated by chang sin applicabl building codes.

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(B) In the event any impr vement within any ammon Ar a is damaged or destroy d due to fire, fo d, wind or other casualty or reason U1 Mast r . sociation shall re ·t re, repair, rep lac or rebuild (hereinafter collectively referred to as a 'repair") the damaged improvement t the condition the improvem nt was in irrunediately prior to such damage or destruction unless otherwise determine.d by a vote of at least 2/ of the total voting interests in the Association. Any xccs cosr of repairing any improv ment over insurance proceed payable on account of any damage or de truction shall be a Common Expense and the ?v1astcr Association shall have the right to le y a Special Assessment for any such exp n e. o tv1ortgagee shall have the right to participate in the determination of wheth r the damage or de truction to ammon Area shall be required or reconstructed.

( ) In the t; ent that it should be detennined in the manner described above th t the dama or de truction to the Common Area hall not be r paired or reconstructed and no alternative improvements are authorized, then and in that event such portion(s) shall be restored to their natural state and maintained by the laster Association, in a n at and attractive condition consistent with the Community-Wide Standard.

Section 4. Disbursement of Proceeds. If the damag or d struction for which the proceeds of insurance policies arc paid i to be repaired or reconstructed, th proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after defraying such co ts of repair or reconstruction to the ammon Area shall be retained by and for the benefit of the M ster A sociation and placed in a capital improvements account. In the event no repair or reconstruction ism d any proceeds remaining after making such ~ettlement a is necessary and appropriate with the affected Owner r Owner and their Mortgagee(s) as their interest ~ may appear shall b retained by and for the benefit of the Master Association and plac d in a capital improvement ace unt. This is a covenant for the benefit of ny Mortgagee of a ot and may b en fore d by uch Mortgagee.

ection 5. Repair and Reconstruction. [f the damage or destruction t th ammon Area for which insurance proc eds are paid is to c r paired or rcc nstructed, and uch proceeds ar not sufficient to defray thl; cost th reo[, the Board of Dir ctors shall without the necessity of a vote of the Member levy a Special Asse ment against all Own rs on the same basi as provided for Base Asse sments. Additional assc smcnts may be made in like m nncr at any tin1c during or following the completi n of any repair r reconstruction.

o Partition

xc pt as is permitted in th De laration or amendments thcr t , ther shall be no physical partition of th ammon Area or any part thereof nor hall any Per n acquiring any int~rcst in the Property or any part thereof seck any judicial partition untcs~ such pecific porti n of th Prop rty ha be n remo cd from the provisions of this D clarati n. Thi ... Articl shall not be con trued to prohibit the B ard f Dir ctors from acquiring and disposing of tangible personal prop rty n r from acquiring title t real property which may r may not be subje t to thi Dccl ration .

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Whenever ali or any part of the Common Area sha11 be taken (or conveyed in lieu of and under thrc t of condemnation by the Board by any authority ha ing the power of condemnation or n1incnt domain each Owner shall be entitled to notice thereof. The award made for uch taking shall bt; payabl to the Master Associ tion as tru t for all Owners to be disbursed as follows:

If the taking involv s a portion of the Common Ar a on which improvements have been constructed then, unless witrun sixty 60) days after such taking the Declarant(so long as the Declarant owns any portion of the Property) and Members repres nting at least s venty~five percent (75°/o) of the tot 1 voting interests of the Master As ociation shall oth nvise agree, the Mast r Association shall restore or r place such improvements so taken on the remaining land included in the ommon Area to the extent lands ar available therefore in accordance with plans approved by the Board of Director . lf such improvements are to be repaired or restored tht: abov provi ions in Article V hereof regardin0 the disbur ement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any in1provements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed then such award or net funds sh ll be disbursed to the Master Association and used for such purpo es as the Board of Directors shall detcnnine

. ection I . Annexation With Approv l of the M mbership. With th cons nt of the wner thcreoC the Master Associ tion may annex real property to become a part of the Prop rty, ubject to the provisions of this Declaration and the jurisdiction of the l\11astcr Association. Such

aru1exation sh II r quire th affirmative vot of Membt:rs representing two-thirds (2/3) of the total voting inter ts in the As ociation.

Annexation shall be accomplished by filing of record in th public records of Hill borough unty Florida, a ubsequent Amendn1ent de cribing th property being annexed. Any such Subsequent Amendm nt shall be signed by th Pn::sident and the S cretary of the Master Associati n, and by the owner of the property being ann xed and any such annexation shall be effective upon filing unless otherwise provided therein. The relevant provi ions of the By-Laws dealing with regular or special meetings, a the case may be, shall apply to determine the time r quircd ~ r and the proper form of notic f any meeting called for the purp s of c nsidering anncxati n of property pursuant to thi Sc tion nd to asc rtain th presence of a quorum at such meeting.

Secti n 2. /\mcndn1ent. his Article shall n t be · mended with ut th affinnativc v tc f Memb rs rl.!pre enting tw -thirds (2/3) of th total v ting intcre t in the ociati n.

n h II ha all the ower aws. In additi n,

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the ~1ast r Ass iation shall have the power to en fore th1s D claration and shall have all powers granted to it by thi Declaration. By thi Declaration the Property is h reby ubmitted to th juri dtcti n of the Master As ociation.

S ction 2. Approval or Di appro al of Matters. Whenever the decision of a M~1nber or Owner is rcquir d upon any matt r, whether or not the subject of a rvtaster Associati n m eting such decision shall b expr sed in accordance with the Articles and the By- aws, except as otherwise provided herein,

ection 3. Acts of the Master Association. Unless th approval or action of the M mbers, and/or certain specific perc ntage of the Board is specifically required in this Declaration, The Articles or By-Laws aH approvals or actions required or permitted to be given or taken by th M ster Association shall be given or taken by th Board without the consent of the tv1embers. Wb n an approval or action of the tv1astcr Association is permitted to be given or taken. such action or approval may be conditioned in any manner th Master Association deems appropriate or the Master Association may refuse to take or give such action or approval without th necessity of establishing the re son blencs or such conditions or refusal, except as herein pecifically provided to the contrary. Nothing contained in this Declaration shall be deemed to

prohibit the B ard from Delegating to any one of it members, or to any office or to any committee or any oth r person, any power or right granted to tht: Board by this Declaration including, but not limited to, the right to exercise architectural control and to approve any de iation from any use restriction, and the Board is expre sly auth rized to so del g te any power or right granted by thi Declaration.

Secti n 4. Rules and Regulations. Th Master As oci tion through the Board of Directors, may make and enforce reasonabl Rules and Regulations governing the us of the Property, which Rule and R gulations shall b , con istent with the rights and duties established by this Declaration. anctions may include reasonable rnon tary fines and suspension of the right to vote as may b p nnitted by law. The Board shall, in addition, have the power to seck relief in any court for viol- tions or to abate nuisances.

he Master As oci tion, through the 13oard by contract r other agreement, shall have the right to enforce municip I or county ordinances or permit th ounty of Hillsborough lo enforce rdinances on the Property for the ben fit of th Master Ass ciation and its Memb rs.

Sc tion 5. Management and crvice ontracts. he Ma t r A sociation hall contra t for prot ·ssional management or service on such terms and conditions as the Board d ems d ira le in its sol discretion· provided, how vcr) that any such contr t shall n t exceed thrc ( ) years. s of the date of thi instrum nt th Mast r Association has entered into su h a contract for pr ~ s ion I manag mcnt ervices with a licensed c nun unity as ociation manag r.

twith tanding th for going upon a vote fa majority of the total voting inter sts in the Master A so iati n, the Memb r may elect to termin tc th r quircrncnt for employing a profcssi nal manager. he forcgotn 0 sentence shall not b con tru d as permitting, and is not intend to pcnnit th termination of an cxi ting contract [! r pr fc i nal management crvice enter d into by the Master Associ ti n.

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cction 6. Implied Rights. The iv1aster Association may exc.;rcisc any right or privilege to it xpres ly by this Declaration, th Articles of Incorporation, the By-Laws~ or any statutes governing the operation and abiliti s of the Nlastcr Association, and the fv{a tcr Association may exercise every otl1er right or privileg reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary t.o effectuate any such right or privilege.

Section 7. Common Area. Th Master Association, subject t the rights of the Owners set forth in this Declaration, shall be resp nsihle for the exclusive management and control of the Conunon Area and all improvements thereon (including, without limitation, furnishings and equipment relat d thereto and comn1on land caped are s), and shall keep the Common Area in good, clean attractive, and sanjtary condition order, and repair pursuant to the tenns and onditions hereof and consi t nt with the Conm1unity-Wide Standard.

ection 8. Personal Property and Real Property for ommon se. The ast r Association, through action of its Board of Director may acquire, hold1 and dispos~.; of tangible and intangible personal property and real prop rty. The Board acting on behalf of the Master A sociation, shall accept any real or personal property, leasehold, or oth r prop rty int rest within the Property conveyed to it by the Declarant.

Sl:ction 9. Association Maintenance of Perimeter Walls and Creation of Easement. In the event a perimeter wall is constructed on a Lot or directly adjacent to a Lot (as a result of an agreement between the Owner of such Lot and the Florida Department of Transportation or other govcmm ntal entity) ~ r th purpose of mitigating visual or acoustic impacts of public roadway or highway on such Lot the A sociation shall be responsibl for the maintenance repair rcplacen1cnt and reconstruction of such p rim ter wall (as rnay b nece ary from time to time) once construction of such walt has been completed and all obligations of the constructing party have been fulfill d and the Association shall be deemed to have been granted a perpetual non-exclu ivc easement over such ot by the Owner thereof for the purposes of ingress and egress to and from such peri met · r wall to pcrforn1 its obligation cr atcd hereunder.

Notwithstanding the foregoing, if an Owner of a L t containing a perimeter wall agrees in writing to be solely respon ible for the maintenan c repair, rcplac ment and reconstruction of uch perimeter wall as m y be necessary from time to time then th Association shall have not

respon ibilities pert ining to maintenan e, repair, replacement and reconstruction of such perimeter wall. In the event such an Owner fails t maint in, repair, replace or reconstruct that portion of a p rimcter walllocatcd on such Owner's Lot a providc.:d in the pr vious sent nee, the A so iation hall have th right, but not the obligation t enter onto the Own r' Lot and pcrfonn the nee s ry maintenan e repair, replacement or rcconstru tion activilies and charge the Own r forth c ts thereof and ex pens s a ociated therewith.

Sect ion 10. [RES ~ R VED OR FUTURE USE]

S tion ll . Dedication of .ommon Areas. ~xcept s speci flcally s t forth herein, fl r the lv1a Ler A o iati r any portion of th n1mon Arc

re re entino two-thirds (2/3) of th total v ting

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inter st in the Association. Nolwithstanding the foregoing, the Master As ociation shall have th right to dedicate or transfer all or any portion of the Common Areas to any public agency, authority or utility without rv1 mber consent, provided the dedication or transfer is required by a govenuncntal a ncy and provid d the common plan of d velo ment as outlined on the plat and a s contained within the Declaration as originally recorded, is maintained. No such dedicati n or transfer shall b ffective unles a writt n in trument is recorded amount h public records ofHillsb rough ounty, Florida.

ART I

Section 1.

{A) Type of A sessments. There arc her~;;by created assessments [I r Common Expense as may from time to timt; specifically be authorized by the Board of Directors to be commenced at the time and in the mann r set forth in ection 2 and 3 of this Articll;. ·rhcrc shall be three (3) types of assessments: (I) Base Assessments to fund expenses for the b nefit of all Members of the Master Associatjon· (2) Special Assessments as de cribcd in Section 4 b low· and (3) pecific Assessments as described in ection 12 below.

(B) Rate of Assessment. Except with regard to nil 11 Base As cssments s all be I vied equally on all Lots. pecial Ass sments and Specific Assessments shall be levied as provid d in Section 4 below. The Owner of Unit II, by virtul; of the execution of a joinder and cons nt to the tenns her of (as such instrument i att chcd her to and made a part h reo f) her by covenants and agree that th assessments against Unit 11 shall b det nnin d a though Unit 11 c n isted of forty-four (44) Units, rcgardle s of the number of re~idential unit actually constructed upon Unit ll. In other words, the Owner of Unit I 1 annually shall pay ili1

amount equal to the Base Assessments and pecial Assc sments for forty-four (44) Units. By ac eptance of his or h r deed orr corded contract of sate, each Owner is deemed to covenant and agree to pay all Ass sm nts.

( ) Certificates f Payment. Within fift n (1 5) d y after written request by any Member, Owner or In titutional Lender, the Master Ass ciation hall furnish to such appropriate requesting party a certificate in writing signed by an officer of the Mast r Associati n s~tting forth wheth r Asse sment has been paid as to such Owner's Lot and, if not, inf01mation p rtaining to any interests or co ts also due and owing as a result of such nonpayment and wh ther any notice ha been s nt to the non-paying Owner with re pcct to compliance with th terms and provision of this D claration. uch certificate shall be conclusive

vidence of p yment t the Ma tc-r Association f such Assessment th r in stat d to have been paid. Th Yfastcr Association may require the advance payment of a processing fcc n t to ~xcced Fifty D liar ($50.0 ) for the issuanc of such certificate.

Se ·ti n 2.

(A) fanner of Pavment. A s smcnts shall b paid in uch manner and on such date a may be fixed by th Board f Directors. Unl s th B ard otherwise provide , the Ba e sscs m nts shall be paid armu lly. Notwith t nding the foregoing, in o ev t shall any

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Assessment payabl by any Owner be due less than t n ( l 0) days from the date f the notification of the levying of uch Assessment. On or before the date e ch Base Assessn1ent is due ea h Owner shall b required to and shall pay to the Ma ter A ciation an amount equal to the Ass ssment multiplied by the nun1ber of Lots within lhe Property then owned by such Owner.

(B) Owner Liability. Each Owner, by acceptanc of a deed th r fore, whether or not so xpressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Nlaster Association all As e m nts levied by the Board of Directors pursuant to the provisions of this D claration. Each Owner shall be personally liable for all Assessment against uch wner' Lot. o Ovmer may waive or otherwi e exempt himself from li bility for the

Asse ment provided for herein including, by way of illustration and not limitation by non-use of Common A.Ie s or aband nn1ent of the Lot. The obligation to pay A sessments is a separate and ind pendent covenant on the part of each Own r. No diminution or abatement of A sessment or set-off shall be claimed or allowed by reason of any alleged failure of the Master Association or Board to take some action or erfonn some function required to be taken or performed by the last r Association or Board under this Declaration or the By-Laws or for inconvenience or discomfort arising from the making of repairs or improvements which are the re ponsibility of the master Association, or from any action taken to comply with any law, ordinance, or with any rd r or directive of any municipal or other Governmental Authority.

( ) [RE ERV D FOR FUT USE]

Section 3. Computation of Base A essment. It shall be the duty of the Board, at least sixty (GO day~ b fore th beginning of the fiscal year to prepare a budget covering the estimated Common Expenses for the coxning year. The budg t n1ay include a capital contlibution establishing a reserve fund in accordance with a capital budget separately prepared and shall list all Common Expenses. Th Master Association is specifically authorized to enter into subsidy contracts or contract for "in kind" contribution of services or materials or a combination of services and material with Declarant or other entities for the payment of some p rti n f the mm n xpens s. The bud t and the Bas Asses me;;nt shall automatically become effe tive fall wing approval by a majority of them mbers of the Board of Directors at a n1eeting duly called in accordance with the By-Laws, unless disapproved at a meeting of the M mbers by a majority of the total Clas "A" voting interc ts and the vote of the la s .. " Memb r, if such exi t . Ther shall be n obligation to call a meeting for the purpose of con idcring th budget except n petition of the t-.1cmbcr s provid d for sp ci l meetings in the By-L ws.

The ailure or delay of the B ard of Director to prepare or ad pt a budget for any fiscal year shall not constitute a waiver or relea c in any manner o an \i ncr's bligation to pay th allocable hare of th ·ammon Expcns s as herein provid d whenever the sam hall be detennined and ass sscd and, in abs n of any annual budg t ca h Own r shall continue to pay a s ssments al the rate establish d for the prcviou fi cal year until noti tied of the new payment which is du n the first day of the next payment period which be ins mor than t n (1 0) days after such n w annual adju led bud et is adopted nd the Own r receive· not1ce of same.

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ction 4. Special Asses ments. In addition t the Assessments authorized in Section 1 of thi Miele, the Master As ociation may levy a Special A sessn1ent or Special As essm nts for purpo es of defraying in whole or in part known expenses ( 1) which exceeded or when malure will exceed the annual tviast r Association budget and (2) pursuant to which no Base Assessm nts were lc:vied. Any Special Assessment shall have the affinnat've tvlajority Vote r writt n consent of a maj rity of the Class "Arr voting interests and the affinnative vot(; or \Vritten consent of th lass "C'' tvf mber, if such exists. Special Assessments shall be payable in such manner and at such times as detennined by the Board and may be payable in installments extending beyond the fiscal year in which the Speci 1 Assessment is approved, if the Board so d tennin s.

Section 5. Lien for Assessment . All As ssn1ent (including Specific Assessments) made pursuant to this Declaration together with interest at a rat not to exceed the highest rate allowed by Florida law (but which does not constitute usury) as computed from the date the dehnquency first occurs costs of enforcement, including, but not limited to, all swns paid by the Master Association on any mortgage lien or other encumbrance or for real estate taxes in order to preserve or protect the .Lvlaster Association lien reasonable attorney's fee , administrative and processing fees and any other urn duly levied, shall be a charge on and shall be a continuing li n upon the Lot against which each Ass ssment is made in favor of the Mast r Association as of the d tc when payment of such Assessment was due. Th lien against Unit L 1 shall in no manner be divisible. Each such Assessment together with interest cost , late fees not to exceed Fifty Dollar ($50.00), and reasonable attorneys fees shall al o bt: the personal obligation of the Person who was the Owner of such Lot at the time the obligation to p y the Ass ssment arose such Owner and su h Owner's grantee h ll be jointly and s vera1Jy liable for such portion h reof as may be due and payable at the time of conveyance except to first Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage shall be hable for unpaid Asscssm nts which accrued prior to such acqui ition of title. Upon record;ng of a claim of lien on any Lot there shall exist a perfect d lien for unpaid asses ment prior and superior to all other li ns except 91) all tax s, b nds, ass ssn1ents, and other levies which by law would be superior thereto, and (2) the lien or charge of any fir t Mortgage (meaning any recorded Mortgage with fir t priority ov r oth r Mortgages) h d by an Institutwnal Lender. The clain1 of lien must be igned and acknowledged by an offic r or agent ofth Master Assoc. Such lien may be enforced

by suit judgment, and forecl sure, as provided elsewhere herein. The personal obligation of the Owner to pay such Assessment shall in addition remain such Owner's personal obligation, and a suit to rec ver a rn n y judgrnent for non-payment of any A sessment or inst Iltnent thereof levi d pur uant th reto m, yb maintained without for closing or waiving th lien herein cr ated to secure the same.

Th M ster A ciation, acting on behalf of the Owners, shall hav the pow r to bid for the t at foreclo ur sale an to acquire and hold lease mortgage, and convey th sarn . During the period in which a Lot is owned by tht; Master Association following foreclosur : (a) no right to vot shall be exercised on behalf of such Lot; (b no Assessment shall be a s ssed or levied on u h Lot~ and (c each other Lot shall b charg d1 in ddition t th Base Assessment uch Lot's cqu I pro r t hare of the Asses ment that would have been charged th Lot acquired y th Mast r ss ci tion as a result of [! reel ur . Suit to recover a mon y judgn1 nt for

unpat ammon Expen c and attorn ys' fee shall be n1aintainabl with ut for clo ing r

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waiving the lien se uring th same. Under no circun1stanc s shall the Board su pend the voting rights of a l'vfember for nonpayment of any As essment.

ction 6. apital Budg t and Contribution. The Board of Directors shall annually prepare a capital budget to take into account the number and nature of r placeable assets, the exp cted life of ea h asset an the expect d rep ir or replacement co t. The Board may set the requirl;d capital contribution, if any in an amowtt sufficient to p nnit meeting the proj cted capit I need of the !vfastcr Association, as shown on the capital budget, with respect both to amount and timing by arum I Assessments over the p riod of the budget. The capital contribution required, if any, shall be fixed by the Board and included \Vithin and distributed with the budget and Assessment as provided in Section 2 of this Article.

cction 7.

(A) Any amount accwnulatcd in excess of the amount required for actual t:xpens sand res\jrve hall, at the discretion of the Board of Directors:

(1) be placed in reserve accounts,

(2) be placed in a special account to b cxp nd d s lcly for the general welfare of th 0\vners

(3) be credit d to the next periodic instal1J11ents due from Owner under the current fis al year's budget until exhausted, or

( 4) distribut d to each Owner (including th D clarant) in proportion to the perc ntage (if any) of the A ssment paid by such Owner.

(B) Unle s the budget for the succeeding fiscal year is adjusted to am rtize the deficit during such fi cal year, any n t honage in xpenscs (including res rve ) shall be a sc ed promptly against th 0\1 ncr as a Special Ass ssm nt.

Section 8. [RESERVED fOR FUTURE U E]

Section 9. .. ubordination of the Li n t Fir t 1v1ortgages. The lien for Asse sments, including intcre t late charges ( ubje t t the hn1it tion of Florida law), and costs (including

tt n1cy fe ) provided C r her in, shall be ubordinatc to the li n of any first tvtortg ge upon any Lot h ld by an Institutional I ender. The sale or transfer of any L l hall not ffect the lien for A se sments. However, the sale or transfer of any ot pursuant to judicial or nonjudicial for closur r any proceeding in lieu thereof of a first M rtgage shall xtingui h the lien of s 'h A scssment a to payments which became due pri r to such sale or tran f, r. o sal or transfer shall relieve such LDt from lien rights for any Assessments thereafter b coming du or fr m th li n thereof. Wh re an lnstilutional Lender holding a first Mortgage of record on a Lot obtains till pursuant to remedies under the Mortgage it success rs and , igns shall not be liable for the cs mc.;nts charg ble to such Lot which became due prior t th acqui ition of title t such Lot by u h Institutional endcr. uch unpaid A s ssment hall be d mcd to be

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omm n xpcnscs collectible for wncrs of all lh Lots, including such acquirer) it ucccss rs and assign .

S ti n 10. [REsERV D FOR TUR S ]

S ction t 1. xempl Property. twithstanding anything to the contrary herein, the ~ ll wing property shall be xempt from payment of Base Assc mcnts Special s ssment and p cific Assessments :

(A) all ammon Arc ; and

(B) all property dedicated to and accepted by any Governmental Authority or public utility, including without Limitation public school , publi trcets. and public parks if any.

cction 12. Specific Assessments. he Master Association may aJso levy a Speci fie Assessment against any Member to reimburs th Master As ociation for costs incurred in bringing a Member an such Member s L t into complianc with th provi ion of the Declaration any amendments hereto the Articles, the By·Laws, and the Master Association ruks, which Spccifi Ass ssment may be levied upon the vote of the Board after notice to the Memb rand an opportunity for hearing.

ARTICL XI.

ection 1. cneral. The Board of Directors shall ha c the authority and standing, n behalf of the Master Association, in addition to any other remedies set forth in thi Decl rati n, to enforce in courts of competent juris iction decisions of the mmittce. This Article may not be amend d without the DccJaranC writt n con ent so long a the D~cl rant own any land ~ubjcc t to this Declaration or ubjcct to annexation to this Declaration.

No constructionl which term shall include within it definition tak.ing cl aring xca ti n, gradiug anJ other site work and n landscaping except in accordance with rules and

regulations duly promulgated by the Board of Directors, shall take place xcept in strict cornpliancc with thi Article, until th requirements thereof have been tully rnet and until the approval of the 'ommittee ha be n obtained.

ecti n 2. Responsibilities of the ommittee. The on1mittce shall have xclusive juri diction o l_;f all ori 1nal construction on any portion of the Property and over modification , additions or alterations n1ade on r to an xisting Lot. Th Committ shall prcpar design and development guid line and application nd r vi~w procedures. The mmittee shall pr sent th guidelin and pr c dures to th B ard of Dir ct r for approval and the Board of Directors shall either reject the propo al, approve the proposal a presented, or approve th pr posal with required modification . nc approved by the Board of Directors, the guid lin s and proccdur s hall be tho of the Mast r Associati n and Lhc ommitte hall enforce such guidelin s and

procedure . Any mendm nts to the guidelines and procedures pr p cd by the ommittee shall require appr val by the Doard of Directors in the same manner a pr vidcd above for initial approval. The mmittee hall make the guidelin s and pro edure available t Own rs

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builders and developers who seek to engage in d vclopment of or c n truction upon all r any p rtion of the Prop rty and such Owners, builders and d velopers hall conduct their operations strictly in cc rdance therewith.

With regard to modifications, additions or alterations to existing improv m nts, plans and specifications sh wing the nature and shape, color, size materiaJs and location of such modifications, additions or Iterations shall be ubmitted to th~ ommittee for approval as to the quality of workman hip and design and as to harmony of external design with existing tructurcs, location in relation to surroundjng structures topography and finish grade elevation. No penni ·ion or approval shall be required to repaint in accordance with an originally approved color schem , or to rebuild in accordance with originally approved plans and specifications.

othing contained h rein shall be construed to limit the right of an Owner to remodel the interior of his Unit or to paint the int rior of his Unit any color de ired. In the event that thL: Corrunittee [; ils to approve or to disapprove such plans or to request additional infonnation r asonably required within forty-five (45) days after submission, th plans shall be deemed approved.

The onunittee as appointed by the Board, shall consist of at least three (3) but no more than five ( -). Persons. By virtue of xecuting this instrument D clarant hereby urrenders it right to appoint any members of the ommittee.

Section 3. 'o Waiver of Future Approvals. The approval of the ommitte~ of any proposals or plan and pe ifications or drawings D r any work done or propo ed or in connection with any othL:r .matler requiring the approval and consent of the ommittee shall not be deemed to constitut a waiver of any right to withhold approval or consent as to any similar propo als, plans and pe.cifications drawings or matters whether subsequently or additionally submitt d for approval or consent. ·

Section 4.

Section 5.

[RE ERV D FOR FUTURE

[RE ERV ... 0 FOR FUTURE US

ction . 10 Liability. otwithstanding anything contained herein to the contrary the party having the authority her in to exercise architectural control shall merely have the right, but not th duty or obligation, to exercise such control, and shall not be liable to any ivlembcr r Owner due t the exercise or non-cxerci c of such control or the approval or disapproval of any c nstruction, impr v ment alterati n or maintenance. Furthennorc, th approval or failtrre to disapprove f any plans or specification submitted for approval shall not be deemed to be a warr nty that such plans or sp cification are compl te or do not contain structur l J fects or in fact m t any standard , guideline and/or crit ria of th party exercising architectural control, or are in C· ct architecturally r ~ thL:tically appropriate, or comply with any applicable gov mm ntal r quirements and the P' rty exercising architectural control shall n t b liable for any dcficien y or injury resulting f om any dcfici~ncy in u h p!Jn or specifications.

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ARTI LE XJI. U e Restriction

The Property shal l be used only for resid ntial , recreational and related purposes which may inc lude~ without limitation, ffi es for any property manager ret ined by the iv1aster Associ ti n or bu in ss offic for the Master As ciation) as may more particularly be set forth in this Declaration.

The Master Association, acting through its Board of Dir ctors, sh I1 have authority to make and to enft rce standards and restrictions governing the use of the Property, in addition to tho e contained her(;in, and to impose reasonable u l:f fe s for usc of Common Area facilitie , if any. Such r gulati ns and usc restrictions shall be binding upon all Owners and occupants of any Lot until and unles overruled cancelled or modified in a regular or special meeting of tht; Master Association by Members r pre enting a maj rity of the total number of Class 'A" voting inter st und by the v te f th las ' ~ Member so long as uch m mbership shall exist.

The following provid speci fie use r strict ions for the Property:

Section l. o Waste. Nothing shall be don or kept on the Property which will increase th rate of insurance for the ommon Area or any part thereof applicable for permitted use without th prior written cons nl of th Board of Director including, without limitation, any activities which arc unsafe or hazardous with respect to any Person or prop rty. o Person shall permit anything to be done or kept on the Property which will result in the cancellation of any insuran e on the onunon Ar a or any part thereof or which would be in violation of any law, regulation or admin istrative ruling. o waste will be committ don the Common Area.

Section 2. ompliance with Laws. o unlawful use shall be made of the Property or any part ther of, and all valid laws, zoning ordinances and regulations of all Government I

uthoritie having juri dicti n thereof shall be bserved. All laws, orders, rules, regulation or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall b complied with by and at the sole ex pen e of the Owner or the Association whichever sh ll have the obligation for lhe upkeep of such portion of the Pr perty, and, if the Association, then the cost of such complianc shall be a Common Expense.

ection 3. s. To sign of any kind shall be erected within the Prop rty without the written con cnt of th Board of Directors.

ec tion 4. Parking and arages. V hiclcs shall b parked only in the garage or in th~,.; driveway s rving the Lot or appropriate spaces or designat d ar as in which parking any or may not be assigned and then ubject to such reasonable Rule and Regulations a· the Board of

irector may adopt. All commercial vehicles m torcycl s, tractors, mobile homes, recreational vehicle trailer (either with or wilhout wh c) ) campers camper trailers, boats and other waterer ft, boal trailers off-road wrecked nd/or inoperable vehicles of any type including any vehicle without a curn;nt v lid registration mu t be parked entirely within a gara e or within th ide yard r b· ck yard of a Lot totally scrcenc from vi w unlc s otherwise pcrrnitted by the

Board. The Board shall have th authority to define the tenn ntained herein. AU Lots hall c nt in a garage which shall b us d [! r purposes of tori g vehicle and the like as

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contemplat d in thi ection. Any Lot without a gar ge as f the date of r cordation of the amendment wh rein thi sentence was originally cr at d, upon conveyance of record title to such lot subsequent to the effective dat of this s ntence, shali b required to comply with the pr vi ions of this Section.

Section 5. Occupants BoW1d. All provisions of the Declaration By-Laws and of any Rul sand Regulations or use restrictions promulgated pursuant thcr to which govern the conduct of Owner and which provide [! r sanctions against Owners shall also apply to all occupants of any Lot.

Section 6. o anjmals, liv stock, or poultry of any kind shall be raised bred or k pt on any p011ion of the Property, except dogs cats, or other comrnon household p ts may be kept provided that (a) they arc not kept bred or mainta 'ned for any commercial purpose and b) they are kept in such a manner not to constitute a nuisance to any person or property. Notwithstanding the foregoing, no pet~ shall be permincd on the Property pur uant to othL:r instrum nts of record in Hillsborough ounty Florida. \Vhere pets are pcnnitted, such pets shall be kept on a leash at all times while such pet i outdoors.

Section 7. Temporary Stntctures. No structure of a temporary character, trailer, basement, tent, shack, bam, or other outbuilding shall be used on the Property at any time either temporarily or p~nnanently; providedt howev r, that construction sheds or trail rs and temporary sales offices or sal s trailer used to facilitate the construction and sal of portions of the Property may b located on th Property during active construction upon the Property.

ction Oil and ~-fining Operation . ·a oil drilling oil development operations. il refining or mining op rations of any kind sh ll be permitted upon any portion of the

Property, nor shall oil wells tanks, tunnels, mineral excavation or shafts be permitted upon any porti n of the Property. o derrick or other structures designed for use in boring for oil or natural gas shall b erected, maintained, or pcnnitted upon any portion of th Property.

ction 9. Garbag and Refuse Di posat. No ot hall be used or maintained a a dumping ground for rubbish) trash or garbage. Trash. garbage or rubbi h shall not b kept except in anitary contain rs or as required by the Association or the applicabl ordin nces of Hillsbor ugh County, Florida. All equipment ~ r th storage or disposaJ of such mat rial shall be kept in a clean nd sanitary condi tion and shall be sere ned from public vi w when not out for c llecti n (such sanitary containers shall only be permitt d t plac~d outside of the confines of the dwellint, for collectjon aft r 10:00 p.m. on the night prior to the date of collection and hall b r turned to the con fin f the dwelling no later than 10:00 p.m. on the date of

collection).

ccli n l O. [RE ERV ·D FO URE SE]

ction 11 . ewag Disposal. o individual wag disposal system shall bt; p rmittcd n any r t unless such sy tern is de igncd located, and constructed in accordance with the r quirem nts, st ndards and recommendations of all applica le Governmental Authorities. Approval of uch ystcm a installed hall be obtained from uch ovcmm ntal Authoritie .

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cti n 12. ammon Properties. No Person shall u th ommon Ar as or any part thereof in any manner contrary to or not in accordance with the Rules and Regulation pertaining thereto as from tim to time may be promulgated by th~ Master Association or approved and authorized in writing by the Mast r A sociation or any Governmental Authority.

Section 13. [R ERVED FOR FUTURE USE]

ection 14. Eas ments. Easements for vehicular and pedestrian ingr ss and egre s, acce s control, installation, and maint nance of utilities and drainage facilities, shall be reserved as shovn1 on th pi t or plats of the Property or by other instruments, and such easement shall al o b de med to be granted to the Master Association and its Members and their fan1ilies guests servants invitees, and employees.

ection 15. Nuisance. o Lot shall be us d, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean unsightly unclean, unhealthy, unkempt or untidy condition or that will be obnoxious to the ye; nor shall any substanc , thing, or, m terial be kept or done upon any Lot that will emit foul or obnoxious odor or that will caus any noise or other condition that will or might disturb the peace, quiet, safety comfort or serenity of the occupants of urrounding property. No noxious or offensive activity shall be carried on upon any Lot, nor hall anything be done thereon tending to cause embarrassment discomfort annoyanc , or nuisance to any p rson using any property adjacent to the Lot. Tht;re shall not be maintained any plants or animals or device or thing of any sort whose activiti s or xistence in any way is noxious dang rous, unsightly, unpleasant, or of a nature as may diminish or d stray the enjoyment of the Property.

ction 16. [RESERVED FOR ·UTURE SE]

Section 17. Sat Ilitc Dishes. A rials and Antennas. at llite dishe , a rials an antenna nd all lin s and equipment related thereto located wholly within the physical boundaries of a nit haH be p rmittcd without any requirement for approval from the Board of Direct r .

Satellite dishes, aerials and ant nna for television reception shall n t be pennitted on the non- ncl sed dwelling portions of a Lot except to the extent rcquir d to be pennitted by pplicable law (including, but not limitc::d to the fed r I Tel communications Act of 1996). The

M t r Asso i tion shall have the right and authority in it sole di~crction and from time to time, to promulgate rul and regulations concerning the size and location of and safety restrictions pertaining to the installation of atellite di hcs a rials and antennas for tel vision r ception and all lines and equipment r lated thereto which hall be pcnnith.:d on the non- n losed dwelling portions of a L t.

fo twithstanding any provi ion to the contrary the N1astcr Association, in it discretion and fr m ti1nc to time, hall have the power nd ability to erect or install any satellite dish erial or a t nna or any similar structur on th ammon Elcm nt 1 pr vidcd that such satellite

dish, aerial or antenna be solely utilized for the rcc ption o tel vision ignals t be utilized by th r id nt f the Property or or security purposes.

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Section 1 . Subdivision of Lot. N Lot shall be subdivided or its boundary lines charged except with the prior written approval of the Board of Directors. Any such division, boundary line change or r platting shall not be in violation of th applicable subdivision and zoning r gu1ati ns.

S cti n 1 . Irrigation . o individual water supply, sprinkler or irrigation systems of any type which draw upon water fron1 creeks, streams rivers, lake , ponds, wetlands, canals or other ground or surface waters within the Property shall be installed, constructed or operated within the Property unless prior written approval has been received from the Committee, as well as from all applicable Governmental Authorities. All individual water supply, sprinkler and inigation system shall be subject to approval in accord nee with Article XI of this Declaration. Private irrigation wells are prohibited on the Property.

Section 20. Drainage and Septic ystems. Catch basins and drainage areas are for tht: purpose of natural flow of water only. o obstruction or d bris shall be placed in these areas. · o Person other than Declarant or the Master Association may obstruct or rechannel the drainage

flows after location and installation of drainage swales storm sewers, or storm drains. Declarant h reby reserves a perpetual ea emcnt over, across, under and tluough the Property for the purpose of altering drainage and water flow. S ptic systems are prohibited on the Property.

Section 21. Tree Removal. No trees shall be removed except for diseas d or d ad tre and trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved in accordance with Arti le XI of this Declaration and by any applicable Governmental Authority, if such approval is required.

ection 22. Site Distance at Intersections. All portions of the Property l cated at street intersection shall be landscaped so as to p rmit safe sight across the treet comers. o fence, wall, hcdg , or shrub pi nting shall be placed, or permitted to remain where it could create a traffic or sight problem.

Section 23 . Utility Lines. No overhead utility Lin s, includin lines for cable television shall be permitted within th Property, except for temporary line a required during construction and high voltage lines if required by law or for safety purposes.

Section 24. Energy Conservation Equipment. An Own r shall be ntitled to construct m intain and pcrate solar coil tion devices ( olar ollectors ') and/or energy dcvic ba ed upon renewable resources (collectively a Solar Col! ctor and any other energy device ba ed upon renewable re ourcc shall be referred to a an n nergy Device ) on such wn r' Lot · pr vided , h wev r thal th Owner must obtain the writt n pproval of the Oinmitcee prior t

placin0 in tailing or constructing an En rgy Device on such Lot The nunitt c shall be solely r sponsibl to promulgat rul nd r gulation as arc r onably ne essary to carry out the provisions an intent of thi section. All rules and regulations pr mulgated tn accordance with this su section h"ll be c llecti ely reD rr d to a th 'Energy Device Rules and Regulation .

An approval for an Energy Dcvic shall be i su d by the ommitte only in accordance with th .. nergy ice Rules and R~gulation . With r gard to Solar ollcct r the .ommittee

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may detennine the sp ci fie location where a Solar Collector may be installed on the roof of a Unit within an orientation to the outh or within 45 east or w st of due south provided that such detennination does not impair the effective operation of the olar Coli ctor. When ver and wherever possible> a Solar oll ctor shall bt; installed on the rear portion of a roo on a Unit so as to minimize the visual impact of the Solar oil ector from the roadways adjacent to the subject Lot. Simil rly, all Energy Devices other than Solar Collectors shall b installed in a manner so a to minimiz the impact on other Lots. ' lv1inimal visual impact' a u cd in this section shall mean that th visual impact of an Energy Device on a Lot shall be minimized by reasonable measures as set forth in the Energy Device Rules and Regulations. onsiderations of optimal pl c ment of an Energy Device shall yield to aesthetic con idcrations and th goal of minim I visual impact. Additional criteria for det rmining whether or not an Energy Device has a ' minimal visual impact" also may be pr cribed in the En rgy Devic Rules and Regulations.

ection 25. Lakes and Water Bodies. All lakes pond and streams within the Property shall be aesthetic amenities only, and no other use thereof including, without limitation fishing, swimming, boating, playing, or use of personal flotation devices, shall be permitted; provided, however, that boat shall be permitted for the sole purpose of perfonning maintenance upon a lake, canal or wateiWay or their banks or shores. The lvfaster Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds, or streams within the Property. No Owner shall install any improvements within twenty (20) [! et of any lake or canal without the prior written cons nt of the party xercising architectural control a h rein after provided, including, but not limited to, landscaping (other than od) fences, wall or any other improvement.

Se tion 26. Fences. o dog run , animal pens fences or walls of any kjnd shall be permitted on any Lot xc pt as approved in accordance with Article XI of this Declaration.

Section 27. Trade, Business or Non-Residential Activitv. No trade business or non-re idential activity may be conducted in r from any Lot, except that an owner or occupant residing on a Lot may conduct related activities within such Lot so long as: (a) the activity confonn to all zonino requirement [i r the Prop rty· (b) the activity is c n istent with th r sidential character of the Property and does not constitut a nuisance or a hazardous or offensive us , or threaten the security of s fety of other residents of the Prop rty and (c) does not result in an incr a e in traffic and parking impacts on the Property such that more than ix (6) vehicles are related to such activity at any one time a may be determined in th ole discretion of the Board.

S ·tion 28. Playgr und quipm nl. Ac essory stnrctures uch as playhouses, playground equipment and bask tball backboards, both pennancnt and port blv, sh II be pcrmitt d only afi r review and approval by the Committee. Portabl~.; backb ards must be stored

ut of public view when not in use. ornmiltc~.; approval is not n ccs ary (! r the in tallati nand u c of chil rcn s playgr und equipment which ·hall be limit d to the rear yards and shall be n clo r than fiv (5) fe t to any property line. The Committee shall have full authorily to defin the equipment enumer red h r in and auth rity to d t nnine c mpliancc with thi ection.

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ection 29. Wetland on ervation and Buffer Area.

(1) It shall be the resp nsibility of ach wn r of a otto comply with the construction plans [! r the surface water m nagement sy t m pursuant to hapter 40 -4 F.A . ., approved and on file with the Southwest Florida Water l\·1anagement District '' \Vf-\VMD ).

(2) The Owner of a Lot shall not remove nativ vegetation (including cattails) th· t become established \Vithin the wet retention ponds abutting such Owner s Lot. R moval include dredging, the application of herbicide, cutting, and the introduction of grass carp. Own r should addr ss any question regarding authorized activities within the wet detention pond to WF\VMD, Tan1pa Permitting Department.

(3) o Own r of any portion of the Property m y construct or maintain any building r sid nee or structure, or w1d rtake or perform any activity in th~.;

wetlands, buffer areas drainage easements and upland conservation area described in the approved pennit and recorded plat(s) of the Property, unless prior written approval is received from the S\VFWMD, Tampa Permitting Department, pursuant to Chapter 400-4.

The t nns business and 'trade', as used in this provision, shall b onstrued to have th ir ordinary generally accepted meanings, and shall include, without limitation) any occupation, w ·rk or activi ty undertaken on an ongoing basis which involves the provision of go ds or servi cs to p r on th r than the pr vid r' s family and for which the provider receives a fee, compensation, or other form of consideration regardless of whether: (i) such activity is engag d on a full-time or part-time basis; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefore. otwilhstanding the above, the leasing of a Lot for residential u e in accordance with Article XII, cction 22, hereof shall not be considered a trade or bu incss within the meaning of thjs section.

AR l LE XIII. Mortgagee Provision

he following provisi ns ar for the b nefit o holders of first Mortgag on Lot in the Property. The provisions of this Article apply to both this Declaration and to the By-Laws notwith tanding any otht:r provi ions contained therein.

c ·tion I. ' ticc of Action. An l..n titutional cndcr or olhe holder insur r, or guar-ntor of a fir t Mortgage who prov1d s written r quest to the Ivlaster Association ( uch request to state the name and ddress of such hal er, in urcr, r guarantor and the t number, ther C r b oming an eligibl hold r ) will be ntitled t timely writt n noti e of:

(A) any condemn lion I s or any ca u lty loss which affect material portion f th Property or which afft:cls any Lot on which ther is a first Mortgage held insur d, or guaranteed by such eligible holder;

( ) any delinquency in th paym nt of ass smcnts or harge owed by an wncr of a ot subject to the rvtortga e of such eligible h ld r, where such d linqu ncy has

c ntinucd for a p riod of six ty ( 0) days; provid d, however n twithstanding thi pr vi i n, any - 2 -

holder of a first Mortgage, upon request) i entitled to v 'tten notice from the Master Asso iation of any default in the perfonnance by an Owner of Lot of any obligation under the Declaration or th By-Laws which i not cured within ixty ( 0) days.

Section 2. pccial 1 ILM Pr vision. o l ng as r qui red by the Federal I lome Loan i\.1ortgage orporation, the following provisi ns a ply in addition to and not in lieu of the foregoing. Unless at least a majority of the fir ... t ~ortgagee or Ivlembers representing at kast a majority of the tot 1 voting interests in th Association entitLe to be ca t there n consent, th Mast r s ociation shall not:

(A) by act or omission seek to aband n, partition ubdi ide, encumber, sell, or transfer all or any portion of the real property con1prising the Common Area which th Master Ass ciation o\vn , directly or indirectly (the granting of easements for public utilihes or other similar purpose consistent with the intended u e f th ammon Area shall not be deemed a transfer within the meaning of this sub ection);

(B) change the method of d termining the obligations, As essments, dues or other charges which may be levied against an Owner or a Lot (a decision including contracts by the Board shall not be subject to this provision where such deci ion i othenvise authorized by this Declaration);

(C) by act or on1ission change waive or abandon any scheme of regulation~ or enforcement thereof pt:rt ining to the architectural dc::sign or the xterior appearanc and mainten nee of Lots and of the ornmon rea (the issuance and amendment of architectural tandard , procedure Rules and Regulations, or usc restrictions shall not constitute a chang ,

waiv r or abandonment within the meaning of this pro vi ion);

(D) fail to maintain insurance, a rc uir d by this Declaration· or

(E) u c hazard insuranc proc cds for any Common Area loss s for other than the repair, rcpl c ment or rc onstruction f uch property.

First Mortgagees may j intly or singly pay taxes or olher charges which are in default and which may or have become charg again t the ornmon Ar a and may pay over due premium on casu hy insurance p licies or secure new casualty insurance cov rage upon the lapse of an Mast r A s iation policy and first Mortgage s n1aking such paym nts shall be entitled to imm diate rcimbur cment from the Ma , t r Association .

Secti n r val. If any Mortgage encun1bering any Lot i guaranteed or insured by the cderal Hou ing Administration or by the Veterans Administrati n then up n written the demand to the Ma ter A sociation by it her such agency, following a tion if mad by OL:clarant or if made pri r t th c mpl tion of scv nty-fivc percent (75°/o) of the Lots within the Pr p rty must be approved by either uch agency; (i) any annexation of additional property· (ii) any M rtgag , Iran fer or dedi ation f any omrnL n Ar a; (iii) any am~,;ndm nt to thi D laration~ the Articl or the By-Laws if such amendment mat rially and ad ~.;r ely affects th Owner lf mat rially and a versely affects the general schernc o devd prn nl ere t tl by thi D clarati r'l" pr vidcd howcv r, such ppr v I shaH -pccifically n t b required wher the

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m ndment i made t add any property pccifically identified in this Declaration, or to correct rrors or omis ions, or is required to comply with the requirements of any Institutional Lender,

or is requir d by any G vemmcntal Authority- or (iv) any merger, consolidation, or dissolution of th Master As ciation. uch pproval shall be deern.,;d giv n if eith r agency fails to eliver written notice f i di approval of any such acti n to eclarant or to the Mast r As ociation within twenty (20) days after a requ t for such appr val i deliv r d to the agency by certified mail, return r ccipt reque ted or equivalent d livery, and such approval may be con lusively eviden ed by a certificate of Declarant or the ivlastcr Association that lh approval was given or deemed giv n.

S ction 4. o Priori tv. No provision of this Declaration or the By-Laws gives or hall be constru d as giving any Owner or other party priority over any rights of the first

M rtgagce of any Lot in the c sc of distributi n to such own~.;r of insurance proceeds or c ndemnation awards for losses to or a taking f the mmon Are .

Section 5. otice to Master Association . Upon request each Owner shall be obligated to furnish to the Master Association the nam and addrc · of th holder of any M rt •age encumbering such Ownerts Lot.

Section G. Amendment by Board. Should the Federal ation I Iv1ortgage A sociation or the Federal Home Loan Mortgage Corporation subsequently delete any of th ir re pectivc requirl;ments which neces itatc the provisions of thi Article or make any such requirements I ss tringent the Board, without approval of th Owners, may cause an amendment to this Artick t

be recorded to reflect uch changes.

cction 7. Applicability of Article Ill. Nothing contained in this Article shall b con tru d to rcduc the p rc ntagc Vote that must otherwise b obtained under the Declaration the By-Laws, lorida or oth r applicable law for any of the acls set out in this Article.

Section . Failure of Mortgage t R pond. Any Mortgagee who rec ives a written requ t from B ard t re p nd L or onscnt to any action shall be emed to have appr ved uch action if the la ter Ass ciation docs not recetv a wrinen r spon c from th Mortgagee within thirty (3 ) days of the date of the Master A sociations requ st.

ARTlCLE XJV. i"la ter Irrigation y tern

ecti n l. e of Reclaimed Water. Ea h Owner, cxc pt any Gov rnm nt l Authority, of any portion of the Property shall us the Reclaimed \Vater to th maximum extent when such RedaimL:d Water is mad available by Hillsborough ounty, th rcby r du ing the d p ndence of uch O\A/11cr's Lot upon and the u e of ther irrigation sources. a h Owner shall us th Reclaimed Wat r provid d by Hill orough ounty [i r inigation fro t protecti n or oth r appropri te purpOSl:S a provid d [! r in the l rida tatutc } ·lorida Admini trative ode

r other applicallc law.

Secti n 2. Each wncr xccpt any emm ntal uthori ty, upon uch wncr ot an

individual Lot or Par I Underground y tern c pa le f (,) spraying th

R claimed Wat r on on hundred percent (1 00°A) of the surface area of the Lot whi h is not occupied by a Unit or improvement related th reto (such as, but n ncccs arily lirruted to, a swimming pool), and (b) b ing conn ted to the Master Distribution ystcm. ·aLh Owner shall install and shall b responsible to maintain an Individual Lot or Parcel Und rground Spray Irrigation y tern on such Owner' Lot no later than th point of time when Hillsb rough ounty make th Reclaimed Wat r available to the Owner's Lot.

ection 3. Alternative Source of lrrigation. In the ev nt the Reclaimed Water is not delivered in sufficient amounts to provide for the irrigation needs of any portion of the Property, th~ 0\vncr of uch p rtion of the Property shall have the right to utilize any alternative source of irrigation (oth r than privatt; wells) to supply such needs in whole or in part, provided such alternative use complies with all applicable governmental laws, rules or regulati ns.

ection 4. Di claim r . The Declarant and the Master A sociation hereby disclaim:, any liability or r pon ibility for th performanc of the Reclaimed Water System, the Plant or the tvfaster Distribution ystem. Further Declarant and the Master Association her by disclaim any r sponsibility for the failure of the ounty to fumi h Reclaimed \Vater pursuant to any agreement with the Declarant, the Master Association or any other party. DECLARANT AN THE ?vfASTER ASSOCLJ\TION MAKE NO WARRANTY WITH RESP ·CT TO THE FURNISHfNG 0 TH RECLAiMED \VATER, ITS FIT SS FOR A PART! ULAR US OR fOR ANY OTHER PURPO E.

cction 5. Fees and Charges. The Mast r Association hall charge each Owner, as a orrunon Expense, with its pro rata portion of the cost of con truction, and all c sts and ex pens

in connection with the op ration and maintenance of, the Und rground Spray Irrigation System.

ARTI LE XV. Ea meots

cction I . Easements Reserved to the Declarant.

(A) [R ·S RVED FOR FUT REUS ]

( ) ( SERVED FOR FUTURE USE]

(C) a ment ~ r tilitics and R lated Service . (i) A non-exclusive perpetual blanket cas m nt is her by o anted over and through the Property for ingress egr s , installation and upk p of th equipment for providing to any portion f th~.;; property or adjacent real tate any utilities, including without limitation water, sewer, drainage gas, I tricity, t lephone and tel vision ervice, wh ther public or private· u h eas~.;mcnt is h reby grant d to any Person in tallin r providing upkeep for the afor said servi es. Any pipes conduit , lines, wires, tran formt:r and any other apparatus nee ssary for the provision or metering f any utility may b installed, maint incd or relocated wher permitted y the cclarant, where contemplated on any site pi n approved by th D clarant r where approved by r solution of the Board of Director ; and (ii) th D clarant and th Association her by r rvcs t itself and it succ s ors and assigns the right to grant and rc erve easement rights-of-way and Ji ens ov rand through the Comm n Area or v rand through any Lot and within lwcnty-five (25) fc t of any boundary lin of a iv1ultifamily R "sidcntial Unit [! r th installation and upk cp f th uiprnent [! r

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providmg to y portion of the ropcrty or adjacent r al e tate, any utilities, including without limitation, water, sew~.;r drainage gas, electricity telcphon~.; and l Jevision service. whether public or private or for any other purpose necessary or desirable for the adjoinino real estate.

(D) tonn \Vater Management Easement. Th D clarant hereby rcst!rves to the Mast r Associati n and its succe sor and assigns an cas In nt and th right to grant and res :rvc easements over and through the Property for the construction and upk ep of torm water manaocment facilities, including storm water r tcntion areas. The Master Association shall also have the right to allow adjacent properties to tie their stonn water management facilities into th storm water managt:n1cnt facilities for the Property; provided, l owever, that the owners of such adjac nt prop rtic agree to b ar a portion of th exp nse of upkeep for the storm water management faciliti s for the Property in such amount as may be deemed appropriate by the Master Associ tion.

(E) Further As urances. Any and all conveyances mad by the Declarant to th aster Association or any Owner shall be conclusively deemed to incorporate these r servati ns of rights and easem n , whether or not set forth in such grants.

(F) Our tion and Assjgrm1ent of Development Rights. The D clarant may sign its rights under thi sc tion to or share such rights with, on or more other persons

exclusiv ly, simultaneously or consccutiv ly. The Declarant shall notify the Master Association of any such assignment or de ignation by the D clarant. he rights and easements re rved by or grantt.:d to th Declarant pur uant to thi shall continu for so long as the Declarant or its designees arc ngaged in l vel development or sales, or activitie related thereto, anywhere on the Prop rty or the additional real tate, unles specifically stated thcrwise.

Section 2. tvfaster Association Power to Grant Eas ments. The Declarant, on behalf of itself and its succe sor and a sign , her by also grants to the Master A sociation th rights pow rs and casements reserved to the D clarant by Se tion 1 ( ) and l (D) of this Articl . Thest: rights, pow rs and asements may be exercised by the Master Association· provided, however that the limit tions on durati n applicable to th~.; Dc..:clarant shall not apply to th Ma t r A sociation.

Secti n 3. Eas ment for U kee . The clarant on b half of itself and its succe sors and assigns hereby grant the right of acccs ver and through any portion of the Property ( xcludinb any improvement) to the Ma ter Associati n, th managing ag nt and any other persons authorized by the oard of Director in the exercise and discharge of their respective p wc..:r and resp nsibiliti incLuding without limitation to n1akc inspe lions, orrect any conditi n originating in a Lot r in th ammon Area threatening an ther Lot r the omn1on Area, corr ct drainage perfonn in tallation or upk p of utilities landscaping or other improve cnts located n th~ Property for whi h the Master Associati n is resp nsiblc for upkeep, r corr l any conditi n which violates the Ma l r A oci ti n docum nts. Th agents, contractors, offi r and directors of the Ma tcr Association may I 'O nt r any portion of th Pr perty (excluding any improvcm nt) in order to utilize or provid ~ r th upkeL:p of the areas ubj ct t ea cment grant d in this Articl to the Master Association . "'ach Owner sh II be

liable to the tvl tcr As ociati n [! r th co t fall upke~.;p p rfonncd by th l\11aster As, o iati n

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and rend red n c sary by any act, neglect carcles n s or failure to comply with this 0 claration, the Articles or the By-Laws for which such Owner is responsible hereunder, and the c sts in urrcd by tht: rvtaster As o~iation hall bL: a s ssed again t uch wner~s L t in ace rdance \ ith the pr vision of Article XVII herL:of.

A perpctual, n n-exclusive e semcnt is also hereby granted by the Declarant to th Master Association and its succes ors and assigns for purposes of pennitting legal access o er across and through the Lots and maintaining any and all lakes, rivers r ks, wetlands and the like which are located within th~;; boundaries of the Property, which areas shall constitute a portion of the Common Area and for which the Master Association shall have maintcnanc r sponsibilittes pursuant to this Declaration. Such easement shaH xist only ov r such portion of the Lots which ar not improved with permanent structure . Th Maskr Association shall use the le t intrusiv and most direct rout of a c ss across a Lot in order to r ach the Common Area property to b maintained under this easement, and the Ma t r Association hall be n.:sponsiblc for returning the traversed property to the condition in which it exi ted prior to the rvt ter Association Is use of uch properly for purpos s hereunder,

Se tjon 4. Easem nt for Support. To the extent that any portion of the Property now or h reafter supports or contributes to the support of any other portion of the Prop rty, the fom1er ish reby burdened with an easement for the material and subjacent support of the latt r.

cction 5. asement £ r mergency Access. Th Declarant n behalf of it eLf and its successors and assigns h reby gr nt an easement to (i) all police, fire, ambulance and other re cue per onnel over and through all or any portion of the property for the lawful performance of their functions during em erg nci · s and (ii) the Master Association ov r and through all Lots if exnerg ncy mea ure arc required in any Lot tor duce a hazard thereto or to any thcr portion of the Property. The tvfast r A sociation i hereby authorized but not obligated to take any such mea ure .

Section 6. Easement for Use of ammon Area.

(A) Us and Enjoyment. The Declarant h rcby reserves to itself for o long as the Declarant or it d signee are engaged in d velopment or saJcsl or activitie r lated ther to anywhere on the Property r the additional real estate, or th Declarant is an Owner and, on behalf of itself and it successors and assign , grants to each wncr and each Per on lawfully occupying a L t a non-exclusive right and a ement of us and enjoyment in common with

thers of the Common Area owned in fee imple by the Master Association. Such right and a emcnts of u e and cnjoym~..:nt shall be appurtenant t ach Lot whether or not mentioned in

th deed thereto . Any purported conveyance or other tr nsfer of such right and easement apart from th Lot to which uch rights nd casements arc appurtenant hall be void.

(B) Vehicle and Pedestrian Acces : The Declarant her by rc rv s to itself[! r so long as the D clarant is cngag d in development or sales, or activities rel ted theret anywhere n the Property or th ad itional real estate. or the D clarant i an Owner and on b half of it elf and its successors and assigns, grants to ach other owner and each Person lawfully cupying a L t a non-exclu ive easement ver all streets walks nd paths on the

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omm n Ar a for the purpo c of vehicular or pedestrian access, ingress and egress, as appropriate, to any portion of the Property to which such Person ha the right to go subject to any Rules and Regul tions pr mulgated by the Ma:kr A sociation. Any purported conv yance or other transfer of uch right and asements apart from the Lot to which such right and casement arc appunenant h l1 be void.

( ) Limitations. The rights and as ments of enjoyment created hereby shall b subject (in addition to any eas m~nts granted or reserved in this Declaration or pursuant to the other Master Association do uments) to aiJ rights and powers of the Declarant and the :tvfaster Association wh n exercised in accordance with the thcr applicable provisions of the Master As ociation s ri ghts to regulate the use of the Common Area to grant easements aero s the Comm n Area, to d dicate portions of th ammon Area owned in fee simple by the Master Association and to mortoage the Comm n Area ownl:d in fee simple by thr.: M stt:r Association.

(D) Delegation. Subject to the Rules and Regulations or such other restrictions as adopted by the rvtastcr Association, any person having the right to usc and enjoy the ammon Area may d legate such rights to such p r on,s gue ts employees, cu tomers, tenants, agents and invitees and to such other per ons as may be permitt d by the Master Association.

VI. Declarant's

Section l. Declarant Special Rights. Declarant s special right are tho c rights reserved for the benefit of Declarant a provided for in this Declaration, the Articles or th By­Laws and shall include without limitation, the following rights: ( 1) to use easements over and through the Property for the purpo e of making improvements within the Property; (2) to maintain models, managen1ent offices, construction offices, cu tomcr service ffices and signs adv rtising the Property~ (3) to exercise the rights and votes of the Clas " m mbcr of the As o~..:iation; (4) to remove and replace any dir ctor elected or appointed b the Class C, member until the meting at which the Clas 'A' members are entitl d to elect a majority of the director ~ (5) to make unilateral amendments to the Declaration, the Articles or th By-Law· as provid d h~;;rein· and (6) to exercise any other rights given to the Declarant herein.

ection 2. Transfer of Declarant pecial Rights.

(A) The D clarant may transfer in whole or in part, Declarant' sp cial rights created or reserved under this Declarati n, the Articles or the By-Laws to any Person acquiring Lots or any portion of the Property by an instrum<:.:nt cvid ncing the transfer recorded in the publi records of Hillsborough ounty, f-lorida. The instrument shall not be effe tiv unles!S exccut d by the trans~ ror and tran feree~ provided h wcv r, that a Pers n acquiring Lots or any porti n of the Property pur uant to Section 2(c) hereof may unilaterally execute and record an in trument to cquire some or all of the Declarant's sp cial rights. A partial tran fer of Declarant' pecial rights shall not prevent the tran feror De larant fr m continuing t exercise Declarant' special rights with respect t any portion of the Pr p rty retained by such Declarant. Any trans[! ree r a portion of D clarant special ri ht hall not b deemed the D clarant, and shall have no other right , privileges r options oth r than those specifically assigned. The

- 5-

instrument providing ~ r a partial transfer o D larant s . pe i l ri ht hall all c tc voting rights between the transferor and he transferee.

(B) Up n tran fer of any D claranl · special right , th liability fa tran fcror Dl:clarant i a foll ws:

(i) A trans~ ror shall not be relieved of any obligation or liability arising b fore th transfer and remains liable for warranty obligations the transferor has undertak n by contractor or\ hich are in1posed upon the transferor by law.

(ii) If the succ ssor to any Declarant speci I rights i an Affiliate of a Decl rant (as d fin d below) the transferor shall be jointly and cverally liabl with th succcs or for ny obligation or liability of the su cessor which relates to the Property.

(iii) If a transferor r tains any Declarant's special rights but transfers other Declarant's spe ial right~ to a succe sor who is not an Affiliate of the Declarant, the transferor shall remain liable with respect to only such obligations and liabilities relatjng to th Declarant s pec1al rights retained by the transferor. Th transferee shall be liable for all obligations and liabilities with respect to the transferred rights from and after the date of uch tran fer.

(iv A trans[~ ror shall not be liable for any act or omission or any breach fa contractual or warranty obligation arising from the xercise of a Declarant's special right by succe sor D clarant who 1s not an Affiliate of the transfer r.

( ) Unless oth rwise provided in a mortgage, in case of foreclosure of a tvfortgage (or deed in lieu of foreclosure), tax sal~ judicial sale sal by a trust e under a deed or trust or sale under the Bankruptcy Code or receivership proceedings of soml:, but not all, Lots or portions of th Property owned by Declarant, the Person acquiring title to all the Lots or portions of the Property being foreclosed or s ld, but nly upon uch Person request, shall ucceed to aJl D clarant s special rights related to such Lots or portion of the Prop rty or only to any rights re rved in thi Declaration, th~ Articles r the By-Laws to maintain models, management officers, construction offices sales offices, customer service offices and signs advertising th Property. Th judgm nt, instrument conveying title or other instrument recorded in the Public Record of Hillsborough ounty Florida shall provide for transfer of only the Declarant s pecial right requested.

(D) Upon foreclosure (or deed in lieu of foreclosure), tax sale, judicial sale lc by a trustee under a deed of trust, or sal under the Bankruptcy Code or receivership

proceedings, of all of the Lots and portions of the Property owned by Declarant, the (i) Declarant hall cea t have any Declarant special rights and (ii) the period of lhe DeclaranC contr I of

the Ma t r As ocia ion shall tcnninatc unle s the judgment instrument conveying title or other instrument recorded among the public r cord of Hill borough ounty, FJorida provides for tran fer f Declarant s peci 1 rights held by that clarant to a successor Declarant.

( ) The li bilities and obli ations of Persons who succeed to Declarant s sp cial right are as foil ws:

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(i) A succe or to any Declarant's p cial rights who is an Affiliate of a Declarant hall be subject to all obligations and liabilities imp sed on the tran [! ror by th Declaration, Artie! s and the By~ aws.

(ii) A ucces or t any Declarant's pecial right other than a ucc ss r de crib din Paragraphs (iii) or (iv) of thi subsl:ction or a successor \vho is an Affiliate

of a Declarant is subjl:ct to all obligations and liabilitic imposed by this Declaration, th Article or the By-Law · (A) on a D clarant which relate to uc D clarant's exercise or non­exercise: of Declarant' pecial rights· or (B) on the transferor other than: ( l) mi representation by any previous Declarant· (2) warranty obligations, if any on improvem nts mad by any previou Declarant, or made befor the Master Association was created~ (3) breach of any fiduciary obligation by any pr vi u Declarant or such Declarant's appointe s to the Board of Directors~ ( 4) any liability or obligation imposed on the tran feror as a result f the transferor acts or om is ions aftl;r th lra.nsfer.

(iii) A successor to only a right reserved in this Declaration, th Articl s or the By-Laws to maintain models, sal offices, customer service offices and signs, if such succe sor is not an Affiliate of a Declarant, may not exercise any other Declarant's special right and is not subject to any liabilaty or obligation as a Declarant .

(iv) A succ ss r t all D clarant special rights held by a Pcrs n who uc eeded to thos rights pursuant to foreclosure, a deed in li u of foreclosure or a judgm nt or instrument conveying titl under subsection (iii) may decl re the intention of an instrum nt recorded in the public records of Hillsborough County, Florida to hold those rights sol ly for transf r to another Person. Thcrea L r, until transferring all Declarant' special right to any P r on acquiring title to any Lots owned by the successor, or until recording an instrument permit1ing excrci e of 11 those rights, that succ ssor may not exercise any of those rights other than any right held by the tran feror to vote as the lass I Member in accordance with the provision of this Declaration, the Articles or the By-Laws and any attempted ex rcisc of those rights is void. So long as a succ ssor Declarant may not exercise Declarant special right ~

under this secti n, such succe sor is not subject t any lia ility or obligation as a Declarant.

(v) othing in th.i Article shall subj ct any successor a clarant's sp cial right to any claim against or other obligation of a transferor Declarant, other

than claims and obligations ari ing under this Declaration, th Articles or the By-Laws.

(vi) For the purpos of thi Section,' Affiliate" or "Affiliate of a Declarant means any Person who control is controlled by, or is und r conunon control with a Declarant. A P rson controls a Declarant if the Person is (a) a general partner, officer, director or empl y r of the Declarant, (b) directly or indirectly or acting in concert with on or more Person or through on or more sub idiaries, ownsl controls holds with power to vote, or holds proxic representing rnore than 20°/o of the voting interests in the D clarant (c controls in any manner th election of a majority of the director of the Declarant or (d) has contributed more than 20% of th capita) of the Declarant A pcrs n is controll d by a Declarant if the Declarant is (a) a general partner, officer director, or employer of the P rson, (b) directly or indirectly or acting in c nccrt with one or m re other Person or through one or more ub id(arics, owns,

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controls, holds with p wcr to vote or holds proxies r presenting 1nore than 20o/< of the voting interest in the Person (c) controls in any manner the election of a majority of the dir ctors of th person, or (d) has contributed more than 20o/< of the capital of the Person . Control docs not exist if the powers d scribed in this paragraph re held sol ly as security for an obligation and arc not ex rcised.

ecti n . o Obligations. 'othing contained in this D claration the Articl or th By-Laws hall impose upon the Declarant or its successors or assign any obligation of any natur to build, construct renovate or provide any improvements. ither the Declarant nor its successors or assigns hall be liable to any Owner or occupant by reason of any mistake in judgment negligence nonfeasanc , action or inaction or forth enforcement or f: ilure to nforce any provision of this D claration. Every Owner or occupant of any of said Property by acquiring its intere t therein a rees that it will not bring any action or suit against Declarant to recover any such damag or to seck equitable r Ii fbecau c of same.

Section 4. Encroachments. In th event that any portion of any roadway walkway, parking ar a. driveway, waterlines, sewer lin s, utility lines, sprinkler system, building or any oth r structure as originally constructed on any Lot or the Common Areas, it shall be deemed that the owner of s ch Lot or the Master Association has grant d a p rpetual casement to the own r of the adjoining Lot or the rvfaster Association, as the cas m y b , for continuing maintenance and use of such encroaching roadway walkway, driveway parking ar a, water ljne, ewer lin , utility line, prinkler system, building or stntcture. Th foregoing hall also apply to

any replacements of any such roadway, walkway driv way, parking area, water lines, sewer lines, utility line , sprinkler system building or structure if same are constructed in substantial confonnance to th original. The foregoing conditions shall b p rpetual in duration and shall not be subject to amendm nt of these covenants and re trictions.

ARTJ L XVII. Enforcement

S ction l.

( ) Int rest. If any Member or Owner is in d fault in the payment of any Assessment for more than ten ( l 0) days afler the same is due, or in th · payment of any other n1onies owed to the Master Association for a period of more than ten ( 1 0) days after written dl.:mand by the Master Asso iation, the Master Association may charge such Member or Owner inter st at a rate f eighteen perc nt (I %) on the amount wed to the Master A sociation from and after aid ten (I 0) day period .

(B) Collection. In th vent any M mber or wn r fails lo pay any Assessment r other m nic due to the M stcr A ociation within ten (I 0) days after written demand the Ma tcr A ociation may take any action d em d n e sary in order to c llect such A sessments or monie inclu ing but not limit d to, retaining the s rviccs of a collection agency or attorney to collect uch As essments or monies, initiating legal pro ecdings for the coll(;ction of uch A sessm nt or moni rccordin a claim of lien as hereinafter provided, and fore lo in s me in the same fashi n a m rt age lien arc foreclo ed or any other appropriat action, an th · Memb r r wner shall be p r nally liable t the Ma tcr s ociati n ~ r all co ts and

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expenses incurred by the Mast r Association incident to the colle lion of any Assessm nt or other monies ow d to it, and the enforcement and/or foreclosure of any lien for same, including reasonable attorneys' fe and late fee as provided herein and all smns paid by the Ma ter As ociation for taxes and on account of any mortgage lien and encumbrance in order to preserv and protect th ~laster Association's lien. The Master Association shall have the right to bid in foreclosure sale of any lien foreclosed by it for the payment of any Assessin nt or monies owed to it, and if the Nfast r Association becomes the Owner of any Property by reason of such foreclosure, it h' II of~ r such Property for sale within a reasonable time and shall deduct from the proceeds of such sale all As essments or monies due it. All payments r ccived by the Master Association on account of any Assessments or monies owed to it by any l'vtember or Owner shall be first applied to payn1ents and expen es incurred by the Master Associ tion then to interest, then to any unpaid Assessments or monies owed to th Master Association in the inv rse order that the same w re due.

(C Lien for Assessment and Monies Owed to Master As ociation. The faster Association shall have on all Property owned and/or subject to the jurisdiction of any

Member or 0\Vller, for any unpaid Assessments or other monies owed to the Master Association by such Member or Own r, and for interest reasonable attorney ' fees incurred by the Master Association incident to the collection of the Assessment and o1her monies, or enforcement of the lien and for all urns advanced and paid by the Master Association incident to the collection of th Assessments and other monies or enforcement of the lien and for all sums advanc d and paid by the Mast r Association for taxes and on account of superior Mortgages, liens or encumbrances in order to protect and preserve the Master Association's lien. The lien i effective from and afier the recording of a claim of 1ien in the public records of Hillsborough County Florida, stating th description of the Property the name of the Member or owner which o\vns the Property the amount due, and the due dat . The lien shall remain in effect until all sum s cured by it have been fully paid. The claim of lien must be signed and acknowl dged by an offtcer or ag nt of the Master Association. Upon payment in full of all sums secured by the lien th person making th payment is entitled to a satisfa tion of the lien.

(D) RVED FORFUT us l

(E) Transfer of Prop rty afier A ses ment. The Master Association' li n shall not be af[i ctcd by thl; sale or transfer of any Property, and in the event of any such sale or transfer both the n w Owner and the pri r Owner hall be jointly and severally liable £ r all A scssments, interest and other co ts an expense and attorneys' fee owed to the Ma ter Association which ar attributabl to any Property purcha ed by or transfcrr d to such new

wncr.

(F) Subordination of Lien to Mortgages. Th lien of th Mast r Association [i r A s s mcnts or ther moni s shall b ubordinate and inferi r to the li n of any first Mortgag recorded prior to the recording of a I aim of Lien by the Master Association. The al or tran [! r of any Property by the forecl sure of a first. 1ortgagc or by deed in lieu thcr of shall extinguish the lien of th · Ma ter Association as to any As s m nt int re t expenses or ther m n.ies owed. to th rv1 tcr ociation which became due prior to such sal or trans[! r unles a

laim f Lien for same wa recorded ptior to the recording of th Mortgage, and neither the

Mortgagee nor their grantees or successors hall be rcsp nsible for said payr11ents, but they shal \ b~ liable for any Ass ssments due after such sale or transfer. If the Master Associations' lien or it rights to any lien for any such Assessm nts, int re t expenses or other monies owed to the Mast · r Asso iation by Own r or ~1embcr i extinguish d as afore~ aid, uch sums hall thereaft r be Common Exp nses coli ctible fr m all Owners or Members including such acquir r; and its successors and assigns.

(G) [RESERVED FOR FUTURE USE]

Section 2. on-Monetary Def ults. ln th event of a violation by any mcmb r or Owner ( th r than the nonpayment of any Assessment or other monies) of any of the provision of this Declaration or of the Articles or the By-Laws, the Master Association shall notify the ~h.:mber or Owner of the violation, by written notice. If such violation is not cured as soon as practic ble and in any within seven (7) days after written notice, or if the violation is not capable of being cured wit11in such seven (7) day period, if the Member or Ov,rner fails to commence and diligently proceed to completely cure as soon as practicable such violation within seven (7) days aft r the written notice by the Master Association, the tvla tcr As ociation, at its option:

(1 Commcnc an action to enforce th perfonnance on tht= part of the Member or Owner, or for such quitabl reli f as may be nee ss ry und r the circumstan es, including injunctive relief; and/ r

(2) Commence n action to r cov r damages; and/or

3) Take any and all action reasonably necessary to correct such failure, which action may include but is not limited to removing any building or improvement for which any r quired approval has not been obtained, or perfonning any maintenance required to be perfonn d by thi Dcclar tion.

All expense incurred by the Master Association in connection with the correction of any failur or the commencement of any action against any Member or Owner including reasonable att mcy' [! es, h II be as ss d against th applic ble Member or Owner and hall be du within ten (I 0) day of receipt of written demand by a li n the Mast r Association. Th Master Association shall have for any such Assessment and any int re t, cost or expenses associated therewith, including attorney's fees incurred in connection with such Asse sment, and may take such acti n to c llcct sue Assessment or foreclose said lien as in the ase and in the mannt;r of any other As es m nt as provided above. ay such lien shall only be effective from and after the recording of a claim t lien in the public r c rd ofHillsb rough County lorida.

ection 3. Waiver. The f; ilure of the Master A ·sociation to en(! rce any right provt 1 n covenant or c ndition which may be grant d by the Dccl ration, the Articles or the By-Law , h ll not constitut a waiver of the right of the Ma t r Ass ciati n t nforcc uch right prov1ston vcnant or condttion in the future.

Lion 4. Ri H. cumulativ . nless oth rwise pt.:cificd, n r rnedy onft.:rred upon the Master A s ·iati n i intend d to be xclu iv of any other remedy herein or by l w provided permitted, but each shall be cumulative and shall be in addition to every ther rem dy given

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hereund r now or hereafter existing at law in equity or by statute. Every power or remedy given by this Declaration lo the Master Associ lion or to which the Master Association may othenvise, be entitled may be exercised concurrently or independently, from time to time, and as often as may be deemed exp dicnt by the Master Association and the Master Association may pursue inconsistent remedi s.

ection 5. Enforcement By r Again t other Per on . In addition to the foregoing, thi s Declaration may be enforced by Declarant or the f\1aster Association, by any procedure at law or in entity against any Person violating or attempting to violate any provision herein, to restrain such violation, to require compliance with the provisions contained her in, to recover damag s, or to enforce any lien created herein. The expense of any litigation to enforce this Declaration shall b borne by the Person against whom enforcement is sought, provided such pro eeiling result in a finding that such Person was in violation of this Declaration. [n addition to the foregoing, any Owner shall the right to bring an action to enforce this Declaration against any Person violating or attempting to violate any provisions herein, to restrain such violation or to require cornpliance with the provisions contained herein1 but no Owner shall be entitled to recover damages or to nforce any lien creat d herein as a result of a violation or failure to comply with the provisions contained herein by any Person and the prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees.

Section 6. [RESERVED FOR FUTURE USE]

Section 7. Declarant's Enforcement of Obligations of Master A sociation. The D lear nt, r gardl ss of whether or not it is a Member of th Master Association shall have the right to enforce the obligations of the Master Association to propt:rly maintain and operate any Property as required by this Declar tion and in the event th Master Association defaults with re pect to any of its obligations to operate or maintain any Property, and does not c mmence and diligently proceed to cure such default as soon as is reasonably practical and in any event within ten ( 1 0) d ys after demand by any controlling Governmental Authority the Delcarant hall have the right to p rfonn uch maintenance and in that event all reasonable costs and expenses in urrcd by the riginal cclarant or such Gov mmcnta1 Authority plu inter t n t t exce d the highest rate pennitted by law, shall be paid by the Master Association plus any costs xpenses and attorn y's fees incurred in connection wit the enforcement of the Master

Association's dutie and obligations hereunder or the collection of any such ums. The Delcarant hall have the right to coil ct such sum from the tcmbers of the Master A o iation and in

connection therewith shall have all enforcem nt rights granted to the M ter Association in connecti n with the ollL:cti n of such moni , including, but not limited to, all lien right provided by thi D claration . In addition the duties and obligation of the i\.1aster Association may be enforced by any Own r or M mber through appropriate legal proceedings.

cction 1. Amendment by th DccJarant. ntil fay 1, 2000, th · Declarant may unilaterally without the approval of the Owners or fortgagces amend any pr vision of this Ovclarati n to: (1) make h nges which do not have a material adver cffi ct on ay Owner and pr vid~,;d the change is c nsist ·nt with the c mmon plan of d vclopment a utlined n the plat

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and as contained within th~ Declaration as originally recorded; (2) satisfy the rcquirem nt of any government governmental agency or !ortgagee~ (3) relocate boundary lines between the Common Area and any lots or among any Lots~ provided, however that such relocation does not mat rial1y and adversely affect any wner other than the Declarant and that such reloc tion is reflected in an approved resubdivision of all or any part of the Property· and ( 4) withdraw submitted property whkh is still owned by Delclarant. Nothing herein shall preclude the Declarant from unilaterally amending this Declaration during said time frame as to matter relating to the manner of collection of Assessments and/or enforcement of restrictions herein contained (i.e ., imposition of fines and similar administrative matter ), pr vid d the amendment is consist nt with Veterans Adn1inistration guidelines.

Section 2. amendment by the Association.

(A) Subject to cction 1 of this Article XVHI, the As ociation may am nd thi Declaration either ( 1) by vote of at least seventy-five perc nt(7 5%) of the voting interests present in person or by proxy at a m eting of the Association duly noticed and c lied in accordance with the By-Laws or (2) with the written approval of the voting interests entitl d to case at least sixty­seven percent (67%) of the total number of votes in the Association.

(B) An amendment shall not be effective until certified by the President as to compliance with the procedures set forth herein executed and acknowledg d by the President and Secretary of the IV1aster Association and recorded amount eh public records of Hillsborough

ounty, Florida. Any proc dural challenge to an amendment must be made with1n one (1) year aft r recordation.

(C) Notwith tanding any provision to the contrary th Association sh II have the power to amend thi D claration, by and through a resolution of a majority of the members of the Board f Direct rs and without any n::quir m nt for approval by the Own rs, from tim to time for the purpost; of correcting crivener' errors.

ction 3. Prer quisil o amendm~..:nt shall increase th finan ial obJigations of an wner in a dtscnminatory manner or further restrict development on exiting Lots. o

amendment to this Declaration shall diminish or impair the expres right of the ~tortgagees Lmder thi D claration with ut the prior written approval of t le st fifty-on percent (51%) of th Mortgagee· . o amendment may modify this Article or the righls or any Person h reunder.

ti n 4. xtraordinary Actions of the As ociation. The provision of thi cction hall not b construed to reduce the Vote that mu t be obtained from tnember wh rea different

v te is requi r d by the law or oth r provision of this Declaration, the Articles of Incorporation or its By-Laws nor shall it be constn1ed to le sen the unilateral right given to the Declarant pursuant to any provi ion to amend this Declaration the Article of Incorp ration or its y­Laws with ut the consent of th Owners or Mortgagees.

(A) M rtgag c and Owner ApprovaL nlcss at lcasl fifly-onc percent (Sl %) of the M rtgage~ and Owners and Members entitled to cast fifty-one perc nt (51~) of the t tal number f v t s in the Ma t ·r As , ociation h v gi en th ir written appr val the l'vfaster

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As ociation shaH not by act or om is ion: (I) convey or mortgage the ommon Areas owned in [! c simple by the Master Association (the conveyance or transfer to a public agency or authority or utility company (public or private) or the granting casements for public utilities to serve the Property or adjoining real estate or other purpo es con i tent with the intended use or maintenance of th Common Areas shall not be consid red a conveyance within the meaning of this Section· (2) merge, consolidate or dissolve the Master Association~ (3) tenninate the Declaration~ or ( 4) amend any material provision of the Articles or By ... Laws which establish, provide for govern or regulate: (i) voting· (ii) assessments, assessment liens or subordination of such liens· or (iii) Mortgagee rights.

(ll) ron-Material Amendments. Any amendment to this Declaration shall not b con idcred material if made only for the purpose of correcting technical errors or for clarification.

( ) Presumptive Approval. Any Mortgagee who is notified of amendments or actions of the i\1aster Association and who doe not deliver a negative response to the Secretary of the !vlaster A sociation within thirty (30) days shall be deemed to have approved uch amendment. Approval by a Mortgagee also includes the issuance of wrirt n approval or any written waiver or fonnal letter stating "no objection'' .

ARTJ LE XIX. General Provisions

Section 1. Tenn: Binding Effect. The covenants and re trictions of thi Declaration shall run with the land and bind the Property, and shall inure to the ben fit of and shall b enforceable by the Declarant, Master Association or the Owner of any Property ubjed to thi Declaration their respective legal representativ s heirs successors, and assigns, for term of fifty (50) years from the date this Declaration is recorded in the Public Record of Hillsborough County, Florida, after which time th y shall be automatically extended for successive periods of ten (10) years, unle an instrument in writing, sign d by a Majority Vote of the th n Ov.rners, has been rec rd d ithin the year preceding the beginning of each successiv period of ten ( 1 0) years agreeing to change this D claration in whole r in part or to tenninate the arne, in which ca e thi Declaration shall b modified or tcnninated as specified therein.

Secti n 2. Indemnification. he Me stcr A sociation shall indemnify every officer, dir ctor and committee member against ny and all expens s, including counsel fees reasonably incurr d by or impo cd upon uch officer, dir ctor or committee member in connection with any ction} suit or other pr ceeding (including settlement of any uit or proc cding, if appr ved by

the then B ard of Dir ctors) to which h or sh may bl; a party by reason of being or having been an officer, direct r, r conunittee member. Th fficcrs, dir ctors and ommittee member shall not be liable for any mistake f judgment or bad failh. The officers and directors shall have n pcrs nal liability with r sp ct to any contract or other conunitment made by th m, in good faith, on ehalf of the Master Associati n (exc pt to the xtcnt th t such officers or directors may also b Mem r f the Master As ociation) and the ~1aster As ociation shall indemnify and forever h ld each uch officer and direct r free and harmte again t any and all liability to others on account of any uch contract or commitment. Any right t indemnificati n rovided for herein shall not be ex lusi r any thcr right to which any offic r, dir tor r committee mem r, or

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fonn r ffic r, dtrcctor, or committee m mber may be entitled. he Master Association shall, as a ommon Expen e maintain adequat general hability and offic rs' and dir ctors, liability insurance to fund this obligation if such insurance is reasonably available.

S cti n 3. otices. Any noti e required to be sent to any Owner or Member under th provisions of this Declaration sh II be deemed to have been property sent when mailed, postpajd, to the last known address of the person who appears as Owner on the r cords of the Master Association at the time of such mailing. Owners shall be responsible for notifyin0 the A sociation in writing of any change(s) of address.

ection 4. Severability. Lnvalidation of any on of these covenants or restrictions by judgment or court order shall in no way affect any other provisions whjch shall remain in full force and effect.

ection 5. Perpetuities. In the event any court shall her after detennine that any provisions as originally drafted or as amended herein violat the rule against perpetujties the period specified in thi Declaration sh 11 not thereby become invalid, but instead shall be reduced to the maximum period allowed under such rules of law.

Section 6. Special Provisions Regarding Cable Television. Delcarant reserves and shall have the right, but not the obligation, to grant a privat cable television company an casen1cnt to provide cable television s rvice to all or any portion of th Lots within the Property

n such tenn and conditions as Declarant may reasonably desire, provrd d, however, that the service charges by the cable company shall not be unreasonable as compared to other cable television companie providing cable televisi n service in Hillsborough ounty, Florida. In such event, each Own r shall be required to pay for such ervic s as required by the agreement and if such payment is to be mad to the laster A sociation~ such payment shall be deemed an a sessment pursuant t this DccJaration. Any able t levisi n agre ment may al o give the Owners the option to subscribe to additi n 1 channels or servic in addition to th basic c ble television service for an additional [i e to be detennincd by the cable tel vision cotnpany from tim to tim .

ection 7. Damage or Destruction. in the cv nt the improvctn nt on any existing Lot arc damaged or desfroycd 1 such damaged or destroyed Lots shall continue to b deemed Lots for purposes of a s ssmcnts, voting and u c rights, unless and until all the Property wned in conjunction with the Lots i dcv loped with a diffl:rent number of Lots than existing pri r t uch damage or d struction and lh Master Association i so notifie in writing. Thereafter th

total number of a cssment units a signable to such Pr p rty will be changed to qual th number of Lots then existing within su h Property.

Section 8. ~onfli t with Articles or By-Laws. In the ev nt of any conflict bctwe n the Articles and th By-Laws and this cclaration, this D claration, th Articl s and th By­Law in th l order hall c ntrol.

ction 9. Liti ation. No judicial or administrativ pr cding shall b~.: commenc d r pr ccuh.:d by th Mast r Association unl ss approved by a majority vote of th members of

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th B ard of Dir ctors. his e ti n shall n t apply, h wcv<.:r, t (a) ti ns brought by th Master A ociation to enforce the provisions of thi Declaration (including, without limitation the election of foreclosure of lien ) (b) the imposition and collection of Assessments as provided in Article X hereof, (c) proceeding involving challenges to ad valorem taxation or (d) counterclaims rought out by the Master Association or proceedings instituted against it. This

ction shall not b amended Wllcs such amendment is made by the Dclcarant or is approved by the p rcentage votes, and pursuant to the same procL:durc necessary to institute proceedings as provided above.

cction 10. [RE ERVED OR FUTURE USE]

ection I l . apti n . The captions ar insert d only as a tnattcr of conv nience and for reference, and in no way d fine, limit or d scribe th scope of the document in which u ed or any provi ion thereof

Section 12. Pronouns. The use of th masculine gender shall bv deem d to include the feminine and neuter genders, and the u e of the iogular shalt b de med to includ\,; the plural and vice ver a, whenever the context so requ ires.

cction 13. Exhibits. Exhibits A, B and D are n integral part hereof and are 1n orp rated in this Declaration as if fully set forth herein.

FUR H E Rl\'IORE, the legal description of the Property is a described in xhibit A attach d hereto and made a part hereof

URTH MORE the Articles of Incorporation of the Association (which constitut Exhibit B to the Original Declaration) remain valid and in full ~ rce and no amendments to such Ar1iclc of Tncorp ration arc made hereby.

F R HE RMORE, the By-Law of th - Association, which were attached to and made a part of the Original Declaration as Exhibit thereto (which commenced in Official Record Book 6431 at Page 1129, public r cords of I lillsborough County Fl rid ) her by super d~d

by thos c rtain Amended and Restated By-Laws which arc attached to this instrument as ,..xhibit hereto. For purposes f future reference such Am nd d and Restated By-Laws shall constitute Exhibit " " to the Original Declaration.

FU R IIEMIORE the legal descripti n of certain real prop rty known as Unit ll and as dest;rib d in Articl Ill, ction 1 of the Declaration as above an1cnd d is contained in Exhibit D attach d h rete an m d a part her f. For purpose f future reference such legal d scription h II constitut Exhibit" "to Lhe Original Decl r tion.

F RTH -~ RMORE th amcndm nts to the Original Declaration remain valid and in full for e and effect, and the re t t ment f the pro vi ion of the Declarati n hL:r in i intended only for the purp es of reating rc ord instrum nt evidencing the current pG visi n of th 0 laration. ln the event of a conflict or inconsistency between the terms of thi instrument and the Orioinal Declaration and the prior amen ments ther to, the Ori ginal Declaration and the prior am ndrncnt ther t shall control; provided howe er, that if a conflict or mconsist ncy exists

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between a provision of the Declaration an1 nded by this instrun1 nt and th Origin I Declaration and the prior am ndments thereto, the provision of this instrument hall control.

[REMAI DER OF PAC L TENTIONALLY L FT BLA~K}

29 333. 1

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