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F. ANN RODRIGUEZ, RECORDER

RECORDED BY: 11W

DEPUTY RECORDER

1956 PE—2

ENCANTO ESTATES HOA

1061 CALLE DEL VENCEJO

GREEN VALLEY AZ 85622

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AMENDMENT TODECLARATION Of CONDITIONS, COVENANTS AND RESTRICTIONS

FOR ENCANTO ESTATES, INC.

At the annual meeting of the ENCANTO ESTATES, INC. HOMEOWNERS ASSOCIATION on January 19,2009, t4%) of the Homeowners passed the Amended Edition of the DECLARATIONS OF CONDITIONS,COVENANTS AND RESTRICTIONS dated January 19, 2009.

The undersigned hereby certify that the foregoing amendment to the Declaration was approved by more thatfifty-one (5 1%) of the total votes held by owners.

In witness whereof, we have caused this Amendment to the Declaration to be executed on the 19th day ofJanuary 2009.

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$ 20.00

ENCANTO ESTATES, INC.

BILL PROFT,

ENCANTO ESTATES, iNC.HOMEOWNERS ASSOCIATION

DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONSAMENDED EDITION - JANUARY 19, 2009

CONTENTS

SECTION PAGE

1. HISTORY, PURPOSE AND CITATION OF LOCATION 1

2. DEFINITIONS 1

3. ORGANIZATION AND AUTHORITY 2

4. DUES, ASSESSMENTS AND POWER Of LIEN 2

5. MEMBERSHIP IN GREEN VALLEY RECREATION, NC. 3

6. THE ASSOCIATION 4

7. MEMBERSHIP 5

8. VOTING RIGHTS 5

9. OWNER’S RESPONSIBILITIES 5

10. ARCHITECTURAL COMMITTEE 6

Ii. USE RESTRICTIONS 7

12. VEHICLE PARKING AND STORAGE $

13. ANTENNAS AND EXTERIOR ADDITIONS 8

14 SIGNS 9

15. ANCILLARY STRUCTURES AND EQUIPMENT RESTRICTIONS 9

16 DOMESTIC PETS’ REGULATIONS 9

17. COMMON OR PARTY WALLS 9

1$. AGE RESTRICTIONS 10

219. ENFORCEMENT PROCEDURES 10

20. SOLICITATION 11

21. AMENDMENT 11

22. FUTURE .IIJRISDICTION 11

23. TERM 12

24. SOLID WASTE COLLECTION AND RECYCLING 12

25. CAPTIONS 12

26. DECLARATION OF EXECUTION OF INSTRUMENT 12

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ENCANTO ESTATES, NC.HOMEOWNERS ASSOCIATION

DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONSAMENDED EDITION - JANUARY 19, 2009

SECTION 1 HISTORY, PURPOSE AND CITATION Of LOCATION

(a) This Declaration is a composite instrument consolidating the original statement of Conditions, Covenantsand Restrictions (CCR’$) with all subsequent revisions and amendments serving Encanto Estate, Inc. (theCorporation) as recorded on 09 October, 1987 in the office of the Pima County Recorder in Document08138, pages 1675 — 1726.

(b) Past ownership of the real property comprising the subdivision was by Lawyers Title Company ofTucson, Arizona, which conveyed the subdivision to Encanto Estates, Inc. on 02 October, 1991.

(c) The Association was registered as a corporation with the Arizona Corporation Commission on 11August, 1987 by incorporators for the Association. The Association received a deed dated 02 October, 1991conveying common areas “A” and “B” to Encanto Estates, Inc. Therefore the Association as a Corporationis empowered to certify that it is the owner of a certain portion of a subdivision of Pima County, State ofArizona, consisting of 20.589 acres of common area and privately owned lots as follows:

Encanto Estates, Inc. and Common Areas“A” and “B” as recorded in Book 41 ofMaps and Plats at Page 69 in the Office of theRecorder of Pima County, State of Arizona.

Therefore, the Association as a Corporation is empowered to make this declaration.

(d) This Declaration is for the guidance and benefit of present and future owners of all privately owned Lotswithin the Association. Provisions of the following CCR’s are binding on all property owners, whether theybe residents of the Association before or after the date of execution of this instrument, and on all occupantsof lot-owner’s dwelling units within the Association.

SCOPE Of DECLARATION

The Declaration is intended to regulate and control the use of the Properties for the benefit of all Ownersthereof and to regulate and control access to and use of the Common Area by Owners and their invitees.

7SECTION 2 DEFiNITIONS

(a) The terms “Corporation” and “Association” are used synonymously herein to mean the non-profitcorporation, organized as a homeowner’s association and existing under the laws of the State of Arizona,known as Encanto Estates, Inc. 4

(b) “CCR’ s” means the collective body of specifications that comprise the primary governing document ofthe Corporation, known as the Conditions, Covenants and Restrictions.

(c) “Member” means any owner or owners of one or more platted Lots within the Association boundaries.

CCR’S ENCANTO ESTATES, INC.

(d) “The Board” means the Board of Directors of the Corporation, comprised of five (5) members electedDirectors of the Corporation.

(e) “Homeowner” and “Owner” means any one, or more owner(s) of a platted Lot within the Association.

(f) “Annual Meeting” means the annual meeting of all Members, normally held in January, at which electionof Directors takes place and annual reports of the Corporation are presented.

(g) “Common Area” means any or all portions of the legally-defined Corporation property so designated onthe official map and plat of the Association that is not privately owned by Members of the Association and towhich the Corporation holds title. Ownership of the Common Areas is hereby vested in the Association,subject to the easements created herein. Common Areas are intended for use as public utility easements,drainage ways, streets, open areas and any recreational centers or other facilities, if any, and are for thecommon use and enjoyment of the Members of the Association and their invitees.

(h) “Expenses” means those items that impose a financial obligation on the Association which are normallyincluded in the Annual Budget of the Association as well as any other fmancial obligations as the Board mayauthorize.

SECTION 3 ORGANIZATION AID AUTHORITY

(a) Certain incorporators of record organized and created Encanto Estates, Inc. Homeowner’s Association,an incorporated property-owners association for governing and regulating its affairs. The Articles ofIncorporation for the Association were submitted to, and accepted by, the Arizona Corporation Commission.

(b) The Association accepted title to all common areas, easements, and private streets in Encanto Estates,Inc. and assumed responsibility for maintenance, control, safety and liability of all common areas, easementsand private streets.

(c) The Association shall be managed by a Board of Directors consisting of five (5) members.

SECTION 4 DUES, ASSESSMENTS AND POWER OF LIEN

(a) All owners of private Lots within the Association, by payment of the purchase price and acceptance of adeed thereof, shall automatically become a member of Encanto Estates, Inc., and shall be obligated to pay theAssociation the dues and assessments levied by the Association to meet all common expenses.

1(b) The Board of Directors of the Association shall each year estimate the cost of managing, maintaining,operating and repairing any and all properties owned, by the Association and the cost of such other activitiesand undertakings as are consistent with the purposes of the Association for the ensuing fiscal year. Theassessment to be charged to each Owner for the Association’s fiscal year shall be the amount established by ¶i

the Board of Directors of the Association and they shall determine the time and frequency that saidassessments are to be paid for each fiscal year.

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(c) The Board of Directors of the Association shall determine and levy special assessments, in the samemanner as set forth above, in the event that unexpected hazards or expenses require repair or replacement offacilities in or on the Common Areas or in the event that other unexpected expenses arise and the funds inthe Association obtained through the regular assessments should be insufficient.

(d) If the full assessment is not received on or before fifteen (15) days after its due date, a late paymentpenalty of $15.00 or ten percent (10%) of the full assessment may be added thereto, which will becomepayable on or before February 10th Non-payment of said dues, penalty and assessment shall be subject to alien upon the property against which such assessments are made. For a lien to be filed upon the property, theowner of the property must agree to the lien, or the Association must obtain the lien through a routine courtprocedure. After approval of the lien by the property owner or court order, it is understood that the createdlien, with power of sale, on each Lot is to secure payment of the aforesaid membership dues assessmentspursuant to the terms hereof.

(e) In the event it shall become necessary for the Association to employ attorneys to collect a delinquentassessment, whether by foreclosure of the lien created herein or otherwise, the delinquent Owner shall pay,in addition to the assessment and interest accrued thereon, such reasonable attorney’s fees and all other costsand expenses incurred by the Association as a result of such delinquency.

SECTION 5 MEMBERSHIP N GREEN VALLEY RECREATION, NC.

(a) Green Valley Recreation, Inc., a non-profit corporation organized under the laws of the State of Arizona,has been formed for the purpose of establishing and maintaining facilities and services for social andrecreational activities and for the preservation and promotion of health, safety and welfare in the GreenValley development, of which this subdivision is a part.

(b) Each purchaser or owner of a Lot agrees for himself, his heirs, successors and assigns, to become andremain a member of Green Valley Recreation, Inc., its successors or assigns, and to pay the membershipdues assessed by the G.V.R., Inc., which may vary in amount from time to time. Non-payment of said duesshall be subject to a lien upon the property against which such assessments are made. For a lien to be filedupon the property, the owner of the property must agree to the lien, or a lien must be obtained through aroutine court procedure. After approval of the lien by the property owner or court order, it is understood thatthe created lien, with power of sale, on each Lot is to secure payment of the aforesaid membership dues. Noaction shall be brought to foreclose such lien or proceed under the power of sale less than thirty (30) days 3after a notice of Claim of Lien is mailed to the owner of such Lot, and a copy thereof is recorded in theOffice of the Recorder, the County of Pima, State of Arizona.

(c) Any federally funded mortgage placed on this property’ by the owner of record will take precedence toany lien recorded in favor of Green Valley Recreation, Inc., its successor or assign, as empowered by theseconditions and restrictions.

(d) The aforesaid provision, condition and restriction, and all thereof shall run with the land and constituteand remain in full force and effect at all times against all persons in perpetuity; provided, however, Green

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Valley Recreation, Inc., its successor or assign, shall be granted full rights and powers for the release,termination or amendment of such perpetual covenant and restriction, and provided further, that any release,termination or amendment shall be made only by an instrument in writing signed by officer(s) of GreenValley Recreation, Inc., its successors or assign, and recorded in the Office of the Recorder of the County ofPima, State of Arizona.

SECTION 6 THE ASSOCIATION

The Association shall be responsible for the protection, improvement, alteration, maintenance, repair,replacement, administration, management and operation of the Common Areas. The Association shall, to theextent applicable be responsible for:

(a) the maintenance of the common streets, roads and sidewalks located within the Common Areas;

(b) the maintenance (including insurance) and, if necessary, the replacement, restoration or reconstruction ofstreet signs, walls, fences and other improvements on the Common Areas;

(c) the payment of real estate taxes, assessments and other charges on those portions of the Common Areasowned by the Association;

(d) the insurance of all improvements which the Association is obligated to maintain against damage bycasualty with such companies and with such limits as the Association deems appropriate;

(e) the hiring, firing, supervision and pay of independent contractors;

(f) the Board of Directors shall secure and maintain liability insurance including, but not limited to,commercial general liability insurance covering bodily injury and property damage in an amount of not lessthan $1,000,000 and also directors and officers liability Insurance;

(g) the Association shall purchase and maintain at all time fire and other hazard insurance covering any andall improvements constructed on the Common Area: In the event that the proceeds of such insurance shall beinsufficient to substantially restore or repair the damaged or destroyed facilities, the Board of Directors of theAssociation shall poll the Members, and upon the election of sixty-seven percent (67%) or more of the totalvotes of the Members, may specially assess the Owners for the difference between the sum received asinsurance proceeds and the reasonable cost of repair or replacement of the damaged or destroyed Common :iAreas facilities;

1(h) the establishment and maintenance of such cash reserves as the Association in its sole discretion deemsreasonable necessary for the maintenance and repair of the improvements for which it is responsible and forunforeseen contingencies; 2

7(i) the maimer in which the Association carries out its responsibilities shall be controlled by the provisionsof its Bylaws, its Articles of Incorporation and the provisions hereof.

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SECTION 7 MEMBERSHIP

Every person who is an Owner of a Lot shall be a Member of the Association. Membership shall beappurtenant to and may not be separated from ownership of a Lot. Only persons who own Lots underrecorded instruments, including deeds and contracts for sale, shall be members of the Association.

SECTION $ VOTING RIGHTS

All Members shall be entitled to vote upon matters of concern to the Association. Each Member shall beentitled to exercise one (1) vote for each Lot owned by that Member, and shall be entitled to exercise but one(1) vote for each Lot, whether the same is owned by one (1) or more than one person, by a husband or wife,by joint tenants, or in any other form of ownership. In the event that a Lot is owned by more than oneperson, the co-Owners shall agree among themselves upon the disposition of the vote allocated to that Lot,and if they cannot agree, the vote shall be prorated among them.

SECTION 9 OWNER’S RESPONSIBILITIES

(a) Each Owner shall be responsible for all costs and expenses relating to the maintenance, repair, upkeep,taxation and assessment of his Lot(s) and any improvements thereon. In the event of damage to the originalstructure or to an improvement on a Lot, the Owner thereof shall repair or rebuild the improvement to thesame standards and specifications of the original improvement or original structure, unless otherwisepermitted by the Architectural Committee. All exterior repairs shall be made in conformance with theoriginal architectural design and style of the structure being repaired.

(b) All exterior lights must be located and maintained so as not to be directed toward or interfere withsurrounding properties or the Common Areas, including streets.

(c) It is the responsibility of every homeowner to keep the outside lighting fixture situated nearest the streetin year-round operatIng conditions for the safety and security of all concerned. There shall be no exceptionsto this covenant.

(d) This covenant means that all Owners, including part-time resident Owners and absentee owners, mustprovide for electric power flow to remain uninterrupted to the residence or other intermediate point so thatthe outside street lighting fixture will always be operating during hours of darkness. furthermore, allhomeowners must make arrangements for defective bulbs and faulty on-off sensors to be replaced as isnecessary whether or not the Owner is occupying the premises.

(e) Homeowners that fail to replace burned out or defective components of their outside street lightingfixture(s) hereby grant an easement for access to such fixture(s) by the Security and Safety Committee(Neighborhood Watch) to make necessary replacement andlor repairs. furthermore, such homeownershereby covenant to remit to the Treasurer of the Association costs of such replacements andlor repairs.

(1) No Owner shall engage in any activity or permit any activity to occur on the Properties which shall resultin unusual, loud or obtrusive noise or sounds.

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(g) No shrubs, trees or obstructions of any kind shall be placed on corner Lots in such places as to cause a

traffic hazard. Mi trees and other vegetation planted on the Lot shall be trimmed to a height which will not

materially interfere with views from neighboring building sites. In order to achieve this goal, the height of

the free(s) on private property must not exceed the height of the parapet. The intent of this provision is to

protect scenic views and property values.

(h) The Landscape and Maintenance Committee may forbid the planting or maintenance of certain grasses,

plants, trees and shrubs or restrict the propagation of such plants, frees and shrubs to native or indigenous

species.

(1) No structure, planting or other material shall be placed or permitted to remain within any drainage-way

which may change the direction of flow or which may obstruct or retard the flow of water.

(j) It shall be the responsibility of every property Owner to make certain that all residents of their dwelling

unit are made fully aware of all provisions in these CCR’s.

(k) Any and all occupants of a homeowner’s premises shall abide by these CCR’ s in the same manner and

degree as is the obligation for each property Owner.

SECTION 10 ARCHITECTURAL COMMITTEE

(a) The Architectural Committee shall be composed of a minimum of three (3) members appointed by the

Board of Directors of the Association.

(b) Prior to the construction of any improvement upon a Lot, whether such improvements be initial

improvements or later alterations, modifications or other changes, all Owners will be required to obtain the

written approval of the Architectural Committee.

(c) The Owner shall submit to the Architectural Committee two (2) complete sets of plans for the proposed

improvements, specifications (including exterior color schemes) and plot plans which shall include the

location of all major structures. Approval of the plans and specifications shall be evidenced, if at all, by the

written endorsement of the Architectural Committee made on the plans and specifications. One (1) set of the

endorsed plans shall be returned to the Owner of the Lot proposed to be improved prior to the beginning of

any construction. One (1) set of the endorsed plans and specifications shall be retained by the Architectural

Conunittee. No changes or deviations in or from the plans and specifications, insofar as the exterior of the

proposed improvements are concerned, shall be made without the written approval of the Architectural

Committee. After construction is completed no further change, including any change of exterior color, shall

be made without the written permission of the Architectural Committee. r

(d) for purposes of this Article, architecture and improvements shall be deemed to include, but not limited

to, buildings, fixtures, radio antenna, television antennas, satellite stations or dishes, wall, fences, copings,

awnings, sunshades, flagpoles, clothes lines or any similar structures and any landscaping and any or all

other related matters.

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(e) In reviewing plans for alterations, modifications, additions or other changes to a structure(s) upon a Lot,the Architectural Committee shall exercise its discretion in deciding whether or not an alteration ormodification is in harmony with the overall scheme of subdivision development. The ArchitecturalCommittee shall have the right to deny alterations or modifications if the Architectural Committee considersthe alteration or modification to be in contrast to or out of harmony with the style of existing structures, or ifthe physical views of the Properties will be disrupted by the alteration or modification. The ArchitecturalCommittee may elicit the opinion of other Owners, including the neighbors of the Owner submitting the planfor alteration or modification.

(f) The plans, if required, shall be complete and ready for submittal to obtain a building permit from PimaCounty, and they shall be in sufficient detail to permit the Architectural Committee to make theirdetermination.

(g) The Architectural Committee shall review and shall either approve or disapprove said plans andspecifications within thirty (30) days from receipt thereof, and the Homeowner shall have full responsibilityfor obtaining permits where required.

(h) Neither the Association nor the Architectural Conmrittee shall be responsible in any way for any defectsin any plans or specifications submitted in accordance with the foregoing, nor for any structural defects inany buildings or structures erected according to such plans or specifications.

(i) In the event that a conflict of interest arises wherein a member of the Architectural Committee wishes toalter, remodel or add to his existing structure, a substitute member shall be appointed by the Board ofDirectors to the Architectural Committee to, in conjunction with the remaining two (2) members of theCommittee, approve or disapprove said plans and specifications.

(1) An approved external paint schedule, as found in the “Welcome to Encanto Estates” publication, lists allof the acceptable exterior colors for all structures in Encanto Estates.

(k) The Homeowner may appeal the decision of the Architectural Committee to the Board of Directors.

SECTION 11 USE RESTRICTIONS

(a) All Lots shall be used for residential purposes only and no improvement or structure whatever, other thana private family dwelling house, may be placed or maintained on any Lot.

(b) No Lot or any structure located thereon, or any portion thereof, may be leased or rented for a period of 3less than thirty (30) days and may not be used for hotel or transient purposes. All lease agreements betweenan Owner and a Lessee shall provide that the terms of such lease shall be subject in all respects to theprovisions of this Declaration, the Articles of Incorporation and By-Laws of the Association, and that anyfailure by the Lessee to comply with any terms or provisions of any such documents shall be a default underthe lease. Owners leasing their homes either directly or through a third party shall submit a copy of the leaseor rental agreement to the Secretary of Encanto Estates, Inc. prior to the time the tenants occupy the property.

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(c) No business use shall be made of any Lot, provided, however, that non-intrusive enterprises normallyconducted at home may be conducted.

SECTION 12 VEHICLE PARKING AND STORAGE.

(a) Parking andlor storing of recreational vehicles (including but not limited to motor-homes, campers,trailers and boats) is prohibited on all portions of Encanto Estates, Inc. subdivision, except within theconfmes of either a standard-sized carport, or a standard-sized garage. Additional parking spots, if any, maybe designated from time to time on an ad-hoc basis by the Board of Directors of the Association.

(b) A visiting vehicle, as described in paragraph (a), may be parked on an Owner’s driveway or in an areadesignated by the Board of Directors within the subdivision for a period of not more than 72 hours in anyseven-day period and not more than 144 hours in any thirty-day period. For the purposes of loading,unloading personal belongings from the motorized or non-motorized vehicle, Owners and their guests maypark in front of a Lot or any non-designated area for a period not to exceed four (4) hours in any 24- hourperiod.

(c) The use andJor occupancy of a recreational vehicle, as described in paragraph (a), as living quarters oneither a temporary or permanent basis is strictly prohibited on all portions of Encanto Estate, Inc.subdivision.

(d) Visitors’ automobiles may be parked in designated parking areas for not more than ten (10) days withinany thirty (30) thy period. For any extended parking, approval must be obtained from the Board ofDirectors. The intent of this restriction is to provide some control over the parking by “long-term visitors”.

(e) No inoperable, junk or wrecked vehicles shall be placed on or stored on any Lot or Common Areas; norshall any commercial, construction or like vehicles be placed on or stored on any Lot or Common Areas.The exception to this provision would apply to an employee, on call, with his employers’ vehicle, no largerthan a pick-up truck or Van. Any larger employer vehicle, up to twenty (20) ton, may be parked in a Boarddesignated parking area.

(f) None of these restrictions are intended to inhibit temporary Common Area or driveway parking for theshort-term convenience of all residents.

SECTION 13 ANTENNAS AND EXTERIOR ADDITIONS. :

(a) Prior to the installation of any antenna, satellite dish or other devices for the transmission or reception oftelevision or radio signals, notification must be given to, and approval must be obtained from theArchitectural Committee. Every effort must be made to mount the device so that it is not visible toneighboring Owners.

1(b) In making their decision, the Architectural Committee will ensure that the Federal CommunicationCommittee rules and regulations will be observed.

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SECTION 14 SIGNS.

No billboards or advertising signs of any character shall be erected or permitted on any Lot, or on anybuilding thereon, other than a name plate of the occupant of any residence, and provided such name plate hasbeen approved by the Architectural Committee, except that owners andlor realtors with owner’s permissionmay erect one (1) portable open house sign on the property for sale and that it is open for public inspection.Said sign caimot measure more than four (4) square feet and may only be erected during the hours theproperty has a realty representative attending the open house or while open by the owners. This sign must beremoved when the home is not open for public inspection. No signs of any kind will be permitted in theCommon Areas at any time, except a similar open house directional sign during an open house when theproperty is located on Placita Del Avestruz or Placita De La Picaza. The owner may have an indoor oroutdoor display of a for-sale sign, on their property, measuring no more than eighteen (1$) inches by twenty-four (24) inches, andlor a rider sign measuring no more than six (6) inches by twenty-four (24) inches. Thisis including a for-sale sign by Owner. for rent or for lease signs are not permitted. One political signmeasuring no more than twenty four inches by twenty four inches shall be allowed on the owner’s propertyforty five days before the election and up to seven days after the election.

SECTION 15 ANCILLARY STRUCTURES AND EOUIMENT RESTRICTIONS

No structures or equipment, including but not limited to, flag poles, clothes lines, wood piles, etc., may beerected or permitted upon any part of a homeowner’s property without the written permission of theArchitectural Committee.

SECTION 16 DOMESTIC PETS REGULATIONS.

(a) The keeping of livestock, rabbits or poultry anywhere within the Association boundaries is prohibited.This restriction shall not be construed, however, as prohibiting the keeping of ordinary domestic pets.However, each such domestic pet must be kept on and confined to the homeowner’s individual Lot, dwellingor patio area, excepting that such pets may be exercised on the streets and common area of the Association.

(b) Occupants owning dogs shall take reasonable measures to minimize their dog’s barking.

(c) Whenever domestic pets are exercised off the homeowner’s property, under Pima County ordinance, thepets shall be controlled by means of a leash. Furthermore, any pet feces deposited on private property or onthe streets or common area of the Association must be promptly removed and suitably disposed of by the pet Icustodian.

7SECTION 17 COMMON OR PARTY WALLS.

0(a) Each wail, including patio walls, which is constructed as part of the original construction of a townhouse,any part of which is placed on the dividing line between separate townhouse Lots, shall constitute a “party”or common wall. With respect to any or all such walls, each of the homeowners involved shall assume theburden of responsibilities, and be entitled to the benefits pertaining to such walls.

(b) The costs of reasonable repair and maintenance of a party wall as a result of ordinary wear anddeterioration shall be shared equally by the owners of the Lots which are divided by the wall.

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(c) In the event the party wall is damaged or destroyed, either Owner may repair or restore it, or the involvedOwners may share the cost of repair as may suit their cooperative decision. However, if the damage ordestruction is the result of an act of one of the owners, his/her family or guests, whether or not the act wasdue to negligence or other culpability, then the Owner responsible for the damage shall repair or rebuild thewall to a condition at least as good as it was prior to the damage, and at no cost to the other homeowner.There shall be no time delay in effecting such replacement or repair if the damage poses a threat to thestructural integrity or security of the adjoining property.

(d) The right of any owner to benefit from an appropriate response from any other owner, as outlined abovein this specification, shall apply to the land and shall pass to the Owners’ successors in title.

SECTION 18 AGE RESTRICTIONS

(a) Upon resale of existing properties in Encanto Estates, Inc., each dwelling shall be occupied by at leastone person who is fifty-five (55) years of age or more, and no person under eighteen (18) years of age shallreside in any dwelling except on a temporary basis not to exceed three (3) months in any one calendar year.

(b) It shall be the duty and obligation of each record Owner of a Lot to ascertain that, upon resale of his orher Lot, at least one occupant per household will be at least fifty-five(55) years of age. This fact must beconfirmed to the Association prior to sale.

(c) It is understood that ultimate responsibility for compliance with the provisions hereof rests with theOwners, and not the Association. The Association and its officers, directors, agents and employees shallhave no liability whatsoever for compliance with the foregoing provisions, it being the duty of each Ownerto comply herewith and make appropriate notification to the Association.

SECTION 19 ENFORCEMENT PROCEDURES.

(a) All conditions, covenants and restrictions herein may be enforced by Encanto Estates, Inc. or its agents,or any Owner of real property described herein and any breach thereof shall be grounds for Encanto Estates,Inc., its agents, or real property Owner to complain to any court having jurisdiction thereof for proper relief,and if such relief is granted, the Court may award to the prevailing party his reasonable expenses inprosecuting such claim, including attorney fees and costs.

(b) These CCR’s shall be enforceable against any portion of said property acquired by any person throughforeclosure or by deed in lieu of foreclosure for any violation of the CCR’s herein contained occurring afterthe acquisition of said property through foreclosure or deed in lieu of foreclosure. Provided that anyviolation of the foregoing CCR’s shall not defeat nor render invalid the lien of any mortgage or deed of trustmade in good faith for value as to any portion of said property.

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(c) In addition to and not in limitation of the foregoing, the Board of Directors may promulgate rules andlor

regulations establishing fmes for the violation of CCR’s contained herein. Procedures for a hearing before

the Board of Directors of any person aggrieved by the imposition of any fme, and procedures for the

collection of any fines including the aforementioned process of placing a lien upon the violator’s propertyand the foreclosure of such liens approved by the Owner or Court. The rules andlor regulations referred to

above may be adopted by a majority vote of the Board of Directors and upon such adoption any publicationshall have the same force and effect as though set forth herein.

(d) No delay or omission on the part of Encanto Estates, Inc. or its agents, in enforcing any of the CCR’sherein shall be construed as a waiver; and no right of action shall accrue to anyone against Encanto Estates,Inc. or its agents on account of its failure to enforce any CCR.

SECTION 20 SOLICITATION

In an attempt to reduce non-resident traffic within Encanto Estates, with the intent to reduce the opportunity

of crime, solicitation of any type will not be allowed. A non-resident solicitor is any person who seeks trade,economic contributions, or a philosophy change.

SECTION 21 AMENDMENT.

Except as provided elsewhere in this Declaration, the terms hereof may be amended by the Association;provided, however, that any amendments made by the Association shall be approved by at least fifty-onepercent (5 1%) of the total votes held by Owners and shall be made only by an instrument in writing signedby the President and Secretary of the Association and recorded with the County Recorder of Pima County,Arizona.

SECTION 22 FUTURE JURISDICTION.

By acceptance of a deed or acquiring any ownership interest in any Lot, each person or entity, for himself oritself, his or its heirs, personal representative, successors, transferees and assigns, binds himself, his heirs,personal representatives, successors, fransferees and assigns, to all of the provisions, restrictions, covenants,conditions, rules and regulations now or hereafter imposed by this Declaration and amendments thereof. Inaddition, each such person by so doing thereby acknowledges that this Declaration sets for a general schemefor the development of the properties and hereby evidences his intent that all restrictions, conditions,covenants, rules and regulations contained herein shall run with the land and be binding on all subsequentand future owners, grantees, purchasers, assignees and fransferees thereof. Furthermore each such personfully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive andenforceable by the various subsequent and future Owners.

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CCR’S ENCANTO ESTATES, iNC.

SECTION 23 TERM.

The aforesaid provisions, conditions, restrictions and covenants, and each and all thereof, shall run with theland and continue and remain in full force and effect at all times and against all persons until January 1,2025, at which time they shall be automatically extended for successive periods of twenty-five (25) years,unless repealed by sixty-seven percent (67%) of the votes of Owners..

SECTION 24 SOLID WASTE COLLECTION AND RECYCLING.

In order to minimize safety hazards, noise, air pollution, traffic and wear and tear on neighborhood streets,and reduce cost to the Members of the Association, it is prudent to limit the volume of vehicles attendant tosolid waste collection and recycling. The Board shall have authority to contract on behalf of the Members ofthe Association with r srngie piovidei 0; such Sd viCes. I lie DOdIU win use air open uiudmg aflu selectionprocess.

SECTION 25 CAPTIONS.

All captions and titles used in this Declaration are intended solely for convenience or reference purposesonly and in no way define, limit or describe the true intent and meaning of the provisions hereof.

SECTION 26 DECLARATION OF EXECUTION OF INSTRUMENT.

The Board of Directors of EncantoEstates, Inc. having duly acquired the voted approval of at least fifty-onepercent (51%) of the Association’s property owners hereby declare that this instrument of Conditions,Covenants and Restrictions for Encanto Estates, Inc., replaces the original and all amended provisions of anyand all Conditions, Covenants and Restrictions in force prior to the date of execution of this instrument.

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F. AZ4 RODRIGUEZ, RECORDERRecorded By: ENS

,

DEPUTY RECORDERSEQUENCE: 20130880645

4901 Ed NO. PALES:W

ARSTRT 03/29/2013ENCANTO ESTATE5 - ‘-•.. -

14:083061 S PLACITh DEL AVESTRUZ

OREEN VALI.EY AZ 85622$10.00

AMENDMENT TODECLARATION OF CONDITIONS. COVENANTS AND RESTRICTIONS

FOR ENCANTO ESTATES. INC.

March 21.2013

This is to amend section 14 (signs) of the Encanto Estates Homeowners Association Declarationof Conditions, Covenants and Restrictions as amended Januaiy 19,2009.

SECTION 14 SIGNS.

No billboards or advertising signs of any character shall be erected or permitted on any Lot, oron any building thereon, other than a name plate of the occupant of any residence, and providedsuch name plate has been approved by he Aichitectural Committee, except that owners and/orrealtors with owner’s permission may erect one (1) portable open house sign on the property forsale and that it is open for public inspection. Said sign cannot measure more than four (4) squarefeet and may only be erected during the hours the property has a realty representative attepdingthe open house or while open by the owners. This sign must be removed when the home is notopen for public inspection. No signs ofany kind will be permitted in the Common Areas at anytime, except a similar open house directional sign during an open house when the property islocated on Plaits Del Avestiuz or Placita Dc La Picaza. The owner may have an indoor oroutdoor display of a for-sale sign, on their property, measuring no more than eighteen (18)inches by twenty-four (24) inches and/or a rider sign measuring no more than six (6) inches bytwenty-four (24) inches. This is including a for-sale sign by owner. Owner may also disolav asimilar for rent sian on their innerty One political sign measuring no more than twenty fourinches by twenty four inches shall be allowed on the owner’s property forty five days before theelection and up to seven days after the election.

ENCANTO ESTATES, NC.

EOi41LHAR, PRESIDENT

NORMA SCHAPERA, SECRFrtRY

Page 1 of I1112012013 11:56AM

CCR’S ENCM3TO ESTATES, INC.

SECTION 14 SIGNS.

No billboards or advertising signs of any character shall be erected or permitted on any Lot, or on any buildingthereon, other than a name plate of the occupant of any residence, and provided such name plate has beenapproved by the Architectural Committee, except that owners and/or realtors with owner’s permission mayerect one (1) portable open house sign on the property for sale and that it is open for public inspection. Saidsign cannot measure more than four (4) square feet and may only be erected during the hours the property hasa really representative attending the open house or while open by the owners. This sign must be removedwhen the home is not open for public inspection. No signs of any kind will be permitted in the CommonAreas at any time, except a similar open house directional sign during and openhouse when the property islocated on Placita Del Avestmz or Placita De La Picaza. The owner may have an indoor or outdoor display ofa for-sale sign, on their property. measuring no more than eighteen (1$) inches by twenty-four (24) inches.and/or a rider sign measuring no more than six (6) inches by twenty-four (24) inches. This is including a for-sale sign by Owner. Owner may also thsplqv a similarfor-rent sign on their property. One political signmeasuring no more than twenty-four (24) inches by twenty-four (24) inches shall be allowed on the owner’sproperty forty-five (45) days before the election and up to seven (7) days after the election.

SECTION 15 ANCILLARY STRUCTURES AND EQUIPMENT RESTRICTIONS.

No structures or equipment, including but not limited to, flag poles, clothes lines, wood piles, etc., may beerected or permitted upon any part of a homeowner’s property without the written permission of theArchitectural Committee.

SECTION 16 DOMESTIC PETS REGULATIONS.

(a) The keeping of livestock, rabbits, or poultry anywhere within the Association boundaries is prohibited.This restriction shall not be construed, however, as prohibiting the keeping or ordinary domestic pets.However, each such domestic pet must be kept on and confined to the homeowner’s individual Lot, dwellingor patio area, excepting that such pets may be exercised on the streets and common area of the Association.

(b) Occupants owning dogs shall take reasonable measures to minimize their dog’s barking.

(c) Whenever domestic pets are exercised off the homeowner’s property, under Pima County ordinance, thepets shall be controlled by means of a leash. Furthermore, any pet feces deposited on private property or onthe streets or common area of the Association must be promptly removed and suitably disposed ofby the petcustodian.

SECTION 17 COMMON OR PARTY WALLS.

(a) Each wall, including patio walls, which is constructed as part of the original construction of a townhouse,any part ofwhich is placed on the dividing line between separate townhouse Lots, shall constitute a “party” orcommon wall. With respect to any or all such walls, each of the homeowners involved shall assume theburden of responsibilities, and be entitled to the benefits pertaining to such walls.

(b) The costs of reasonable repair and maintenance of a party wall as a result of ordinary wear anddeterioration shall be shared equally by the owners of the Lots which are divided by the wall.

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F. ANN RODRIGUEZ, RECORDER

Recorded By: PDV

DEPUTY RECORDER

4963

AMENDMENT TODECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS

FOR ENCANTO ESTATES, INC. HOMEOWNERS ASSOCIATION

At the Annual Meeting of the ENCANTO ESTATES, INC. HOMEOWNERS ASSOCIATION on January 16,2017, Eighty-four and 3/4 % (8475%) of the Homeowners passed the following Amendment.

This is to amend Section 9 (Owner’s Responsibilities) paragraph fg) line 3, of the Encanto Estates, Inc.Homeowners Association Declaration of Conditions, Covenants and Restrictions Amended EditionJanuary 19, 2009. With removal of line 3 from Section 9 (Owner’s Responsibilities) paragraph (g).

Currently states:

No shrubs, trees or obstructions of any kind shall be placed on a corner lot in such places as tocause a traffic hazard. All trees and other vegetation planted on the lot shall be trimmed to the heightwhich will not materially interfere with views from neighboring building sites. In order to achieve thisgoal, the height of the tree(s) on private property must not exceed the height of the parapet. The intentof this provision is to protect scenic views and property values.

As Amended will state:

No shrubs, trees or obstructions of any kind shall be placed on a corner lot in such places as tocause a traffic hazard. All trees and other vegetation planted on the lot shall be trimmed to the heightwhich will not materially interfere with views from neighboring building sites. The intent of thisprovision is to protect scenic views and property values.

wDANNY GALE

3062 S PLACITA DE LA PICAZA

GREEN VALLEY AZ 85622

11111 Hill llI Hill IIH IIII HUh Hill IIll hUh ii hi iH llSEQUENCE: 20170320098

NO. PAGES: 2

/.‘ ARSTRT 02/01/2017

1IZO 11:19:49

MAIL

AMOUNT PAID: $10.00

ENCANTO ESTATES, INC. HOM IERS ASSOCIATION

CCR’S ENCANTO ESTATES, INC.

SECTION 9 OWNER’S RESPONSIBILITIES CON’T

(g) No shrubs, trees or obstructions of any kind shall be placed on corner Lots in such places as to causea traffic hazard. All trees and other vegetation planted on the Lot shall be trimmed to a height whichwill not materially interfere with views from neighboring building sites. The intent of this provision is toprotect scenic views and property values.

(h) The Landscape and Maintenance Committee may forbid the planting or maintenance of certaingrasses, plants, trees and shrubs or restrict the propagation of such plants, trees and shrubs to native orindigenous species.

fi) No structure, planting or other material shall be placed or permitted to remain within any drainage-way which may change the direction of flow or which may obstruct or retard the flow of water.

(j) It shall be the responsibility of every property Owner to make certain that all residents of theirdwelling unit are made fully aware of all provisions in these CCR’s.

(k) Any and all occupants of a homeowner’s premises shall abide by these CCR’s in the same mannerand degree as in the obligation for each property Owner.

SECTION 10 ARCHITECTURAL COMMITTEE

(a) The Architectural Committee shall be composed of a minimum of three (3) members appointed bythe Board of Directors of the Association.

(b) Prior to the construction of any improvement upon a Lot, whether such improvements be initialimprovements or later alterations, modifications or other changes, all Owners will be required to obtainthe written approval of the Architectural Committee.

(c) The Owner shall submit to the Architectural Committee two (2) complete sets of plans for theproposed improvements, specifications (including exterior color schemes) and plat plans which shallinclude the location of all major structures. Approval of the plans and specifications shall be evidenced,if at all, by the written endorsement of the Architectural Committee made on the plans andspecifications. One (1) set of the endorsed plans shall be returned to the Owner of the Lot proposed tobe improved prior to the beginning of any construction. One (1) set of the endorsed plans andspecifications, shall be retained by the Architectural Committee. No changes or deviations in or from theplans and specifications, insofar as the exterior of the proposed improvements are concerned, shall bemade without the written approval of the Architectural Committee. After construction is completed nofurther change, including any change of exterior color, shall be made without the written permission ofthe Architectural Committee.

(U) For purposed of this Article, architecture and improvements shall be deemed to include, but notlimited to, buildings, fixtures, radio antenna, television antennas, satellite stations or dishes, wall fences,copings, awnings, sunshades, flagpoles, clothes lines or any similar structures and any landscaping andany or all other related matters.

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