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HomeMy WebLinkAboutA012 - Declaration of Residential Covenants, Conditions and Restrictions dated July 7, 2002 Prepared by& Return to: Timothy C. Hogan 3101 Ingersoll Ave. Des Moines, IA 50312 515-279-9059 DECLARATION OF RESIDENTIAL COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION is made this 7th day of July, 2002 , by The Reserve, L. C. , an Iowa limited liability company. WHEREAS, Declarant is the owner and developer of certain real property legally described as follows : Lots 1 - 44 in THE RESERVE, an Official Subdivision Plat, now included in and forming a part of Ames, Story County, Iowa; and WHEREAS, Declarant is desirous of protecting the value and desirability of the Plat; NOW, THEREFORE, Declarant hereby declares that all property within the Plat shall be held, sold and conveyed and be subject to the following restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of the Plat and shall run with the land and shall be binding on all parties having any right, title or interest therein or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof . I . DEFINITIONS . For the purpose of this Declaration, the following terms shall have the following definitions, except as otherwise specifically provided: A. "Plat" shall mean and refer to the real property described as Lots 1 - 44 in THE RESERVE, an Official Subdivision Plat, now included in and forming a part of Ames, Story County, Iowa. B. "Declarant" shall mean and refer to The Reserve, L.C. , an Iowa limited liability company. C. "Lot" shall mean and refer to an individual parcel of land within the Plat . Pc�5 e I I D. "Building Lot" shall mean and refer to one or more Lots, or one or more Lots and the portion or portions of adjacent platted Lots in the Plat, used for the construction of one dwelling as herein permitted. E. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot or Building Lot that is a part of the Plat . F. "Outbuilding" shall mean an enclosed, covered structure (other than a dwelling or the attached garage) , such as a tool shed or garden house . G. "City" shall mean the city of Ames, Iowa. II . DESIGNATION OF USE. All Lots shall be known and described as residential lots and shall not be improved, used or occupied for other than private residential purposes . No full-time or part-time business activity may be conducted on any Lot or in any dwelling or structure constructed or maintained on any Lot except those activities permitted under the terms of the zoning ordinance of the City. III . BUILDING TYPES . A. No building or structure shall be constructed, altered, or maintained on any Building Lot other than a detached single family dwelling with an attached private garage . B. No structure of any kind shall be moved onto any Lot . C. The exterior of any residence, garage or outbuilding located on any Lot shall be finished with one of the colors designated in writing by Declarant as being acceptable exterior color. All roof material shall be certainteed weathered wood or of equal color and appearance thereto. D. Twenty-five (25%) of the front wall exterior of all dwellings shall be brick. IV. BUILDING DESIGN. No dwelling shall be constructed or permitted to remain upon any Lot unless the design and location is in reasonable harmony with existing structures and unless it meets the following requirements : A. For Lots 1-3 , 13-27 and 39-44 , one and one-half story, two- story, split-level, and split foyer dwellings must have a finished area of not less than 2 , 200 square feet; ranch dwellings must have a finished area of not less than 1, 800 square feet . 2 Pie �Z B. For Lots 4-12 and 28-38 , one and one-half story, two-story, split-level , and split foyer dwellings must have a finished area of not less than 2 , 500 square feet; ranch dwellings must have a finished area of not less than 1, 800 square feet . C. In computing total finished area, only 50% of a finished area that has its floor below the exterior grade shall be included in the total finished area requirement . D. In the computation of floor area, the same shall not include any porches, breezeways, or attached or built-in garages . E . No dwelling structure of any kind may be moved onto any Lot . All exterior painted portions of new dwellings constructed on any Lot shall be painted with one of the colors designated in writing by Declarant as being an acceptable exterior color. All exterior painted portions of dwellings that are repainted shall be re-painted in one of such colors . Twenty-five percent (25%) of the front exterior walls of all dwellings shall be brick. All buildings, structures or improvements of any kind must be completed within twelve (12) months of the commencement date of construction. F. No building, fence, wall nor other structure shall be commenced, erected or maintained upon any Lot nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in writing by the Board of Directors of the Association (defined below) or an Architectural Committee composed of two or more representatives appointed by the Board of Directors of the Association. The primary guidelines for approval are that the plans and specifications reflect the harmony of external design and location in relation to surrounding structures and topography. In the event the Board of Directors of the Association, or its designated committee, fail to approve or disapprove such design or location within thirty (30) days after such plans and specifications have been submitted to it, approval will not be required and this restriction will be deemed to have been fully complied with. V. GARAGES AND DRIVEWAYS . All dwellings shall have a minimum of a two-car attached garage. All dwellings shall have a portland cement concrete driveway not less than 16 feet in width and running from the city street to the garage . 3 P,=Ie, 13 VI . TEMPORARY AND OTHER STRUCTURES ; CERTAIN USES . No temporary building or structure shall be built or maintained on any Lot . No camper, motor home, watercraft, trailer, unfinished dwelling basement, tent, shack, garage, or Outbuilding shall be used at any time as a dwelling. No truck with a gross vehicle weight greater than 4 , 500 pounds and no camper, motor home, watercraft, trailer, or mechanical equipment may be parked or maintained on any Lot (except inside a garage) or on the public street adjacent to any Lot, other than on a temporary basis; provided that this restriction shall not apply to passenger vans or "conversion vans" or to trucks, equipment or trailers used in connection with construction of or rebuilding of a dwelling on any Lot . Temporary shall mean no more than a total of thirty (30) days per year. At no time may any vehicle, trailer or camper be parked or maintained in the yard of any Lot . At no time shall a vehicle or any mobile equipment be disassembled, repaired or serviced on any Lot, except inside a garage or dwelling. VII . FENCES . No fences or other structures may be built or maintained within the front building setback areas as shown on the Plat as recorded and no fences shall be built or maintained in front of the front line of the residential dwelling extended to the side Lot lines . VIII . EASEMENTS . Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat as recorded. The Owner and/or occupant of each Lot, jointly and severally, shall at the expense of such Owner and/or occupant, maintain, keep, and preserve that portion of the easement within the Lot at all times in good repair and condition and shall neither erect nor permit erection of any building, structure or other improvement of any kind within the easement areas (except customary ground cover) which might interfere in any way with the use, maintenance, replacement, inspection or patrolling of any of the utility services and drainage facilities within such easements areas . Any berm and/or swale constructed for drainage purposes shall be preserved and maintained to accomplish the purposes for which it was constructed. IX. NUISANCES . No noxious or offensive activity or odors shall be permitted on or to escape from any Lot, nor shall anything be done thereon which is or may become an annoyance or a nuisance, either temporarily or permanently. X. SIGNS . No sign of any kind shall be placed, exposed to view or permitted to remain on any Lot or any street adjacent thereto, except (i) street markers, traffic signs, or any signs installed by the City by other 4 e- Y governmental entities or by the Declarant, (ii) signs which have been approved by Declarant in writing not exceeding 144 square inches in area on which there shall only be exhibited the street number and/or the name of the resident, and (iii) a customary sign (one per Building Lot) advertising a Building Lot or dwelling for sale, not exceeding 1, 296 square inches . In the event that any signs other than those described above shall be placed or exposed to view on any Lot, the agents of the Declarant are hereby given the right to enter upon such Lot and remove such signs . Declarant reserves the right to install entrance and directional signs with respect to the Plat, at locations and of design determined by the Declarant in a manner consistent with the ordinances of the City. XI . TRASH RECEPTACLES . No trash receptacles or garbage cans shall be permitted to be placed on a Lot outside a dwelling, garage or Outbuilding unless hidden by an attractive screen of suitable height, or unless sunken to ground level in a hole lined with permanent cribbing. However, unscreened trash in proper containers and/or bags shall be allowed to be placed on a Lot outside a dwelling, garage or Outbuilding no earlier than twelve (12) hours prior to a scheduled pick up of such trash. Such unscreened trash containers must be returned to the screened area or underground location, or inside a dwelling, garage or Outbuilding, within twelve (12) hours following the scheduled pick up of such trash. XII . UTILITIES . All utility connection facilities and services shall be underground. XIII . TOWERS AND ANTENNAS . No exterior transmission towers, antennas or television and/or microwave transmission dishes of any kind shall be constructed, installed, modified, or permitted on the ground, on dwellings, on garages or on Outbuildings . Notwithstanding the foregoing, exterior towers, antennas or television and/or microwave receiver dishes which are designed to receive direct broadcast satellite service, including direct home satellite service, and have a diameter of one (1) meter or less, or which are designed to receive video programming services by a multipoint distribution service, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and are one (1) meter or less in diameter or diagonal measurement, shall be permitted. No more than one (1) such tower, antenna or television and/or microwave receiver dish shall be permitted on each Lot . No more than one (1) penetration into the dwelling shall be permitted for the cable from such tower, antenna or television and/or microwave receiver dish. No other exterior towers or antennas shall be constructed, installed, modified 5 10OL5 2 IS or permitted on the ground, on dwellings, on garages or on Outbuildings . XIV. MAINTENANCE. The Owner and/or occupant of each Lot shall jointly and severally be responsible to keep the same free of trash, weeds and debris and to keep the lawn and landscaping well maintained and healthy, including (but not limited to) maintaining the lawn at a height not to exceed six (6) inches . The Owner and/or occupant of each Lot shall jointly and severally be responsible to maintain the exterior of any dwelling, the driveway, fence, screening and all other improvements . XV. CERTAIN ANIMALS PROHIBITED. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, cats and other common household pets may be kept so long as they are not kept, bred or maintained for commercial purposes . In no event, however, shall more than a total of three (3) dogs and/or cats be kept at any one Building Lot at any one time . Dogs must be either kept in the dwelling or in a shelter aesthetically compatible with the dwelling and surrounding areas, and dog runs, if any, must be completely screened or otherwise hidden from view from any other Lot and all streets within the Plat . XVI . ACCESSORY STRUCTURES . Each Building Lot may have no more than one (1) customary and traditional accessory structure such as a tool shed, garden house, in- ground swimming pool , tennis court and the like . Any trash receptacle, or tool shed, garden house or other Outbuilding of like nature, shall be properly screened by a privacy fence and/or shrubbery. No above-ground or non-permanent swimming pools shall be permitted on any Lot . Swimming pools, tennis courts, Outbuildings and other accessory structures and improvements, including dog kennels and runs, shall not extend farther than the front line of the residential dwelling extended to the side lot lines and shall not be located within 20 feet of any side or rear Lot line, as the minimum distance established by the zoning ordinance of the City or the minimum distance as established in the Plat as recorded, whichever is the more restrictive . XVII . SURFACE WATER. The topography of the Plat is such that surface water may flow from certain Building Lots onto other Building Lots . In regard to all matters concerning surface water, each Building Lot shall be subject to and benefited by such easements as may exist from the flowage of surface water under the laws of the State of Iowa, as may be in effect from time to time; and all Owners shall have such rights and obligations with respect thereto as may be provided by such laws . 6 torn e. I�0 XVIII . HOMEOWNERS ASSOCIATION. A. DEFINITIONS . In addition to the definitions set forth above, the following terms shall have the following definitions, except as otherwise specifically provided: 1 . "Association" shall mean and refer to The Reserve Homeowners Association, its successors and assigns, a non-profit corporation organized pursuant to Chapter 504A of the Code of Iowa, 2001, as amended. 2 . "Association Responsibility Elements" shall mean all signs, monuments, fountains and similar entrance features utilized by the Plat and any plats added to the Association in the future; 3 . "Board of Directors" shall mean and refer to the Board of Directors of the Association. 4 . "Member" shall mean and refer to those persons entitled to membership as defined below. B. MEMBERSHIP AND VOTING. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment hereunder. Ownership of a Lot shall be the sole qualification for membership. Subject to provisions hereof, the Owners of a Lot shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members . The vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot . Notwithstanding any other provision of this Declaration, Regency Homes, L.C. shall be the sole voting Member of the Association until Declarant no longer owns any portion of any Lot, or until Declarant waives, in writing, such right to be the sole voting member, Regency Homes, L.C. shall have the right to elect all Directors and to cast all votes as it deems appropriate. Each Owner by acceptance of a deed to a Lot shall be deemed to have released Regency Homes, L.C. from all claims with respect to actions taken or not taken while Regency Homes, L.C. controls the Association. The voting Members shall elect a Board of Directors of the Association as prescribed by the Bylaws of the Association. The Board of Directors shall manage the affairs of the Association. The Association shall suspend the voting rights of a Member for any period during which any assessment hereunder against his/her/its Lot 7 pie i-7 remains unpaid and for a period not to exceed sixty (60) days for any infraction of the published rules and regulations of the Association. Unless the Articles of Incorporation or the Bylaws of the Association otherwise provide, written notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than five (5) nor more than fifty (50) days before the date of the meeting, either personally or by mail , by or at the direction of the President or Secretary, or the officer or persons calling the meetings, to each Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail addressed to the Member at his/her/its address as it appears on the records of the Association, with postage thereon prepaid. C. ASSESSMENTS . Declarant hereby covenants for each Lot and the Owner of each Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association (1) monthly assessments and (2) special assessments to be established and collected as hereinafter provided. The monthly assessments and special assessments, together with late fees, interest, costs and reasonable attorney' s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney' s fees, shall further be the joint and several personal obligation of each person who was the Owner of such property at the time when the assessment became due. The assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the residents of the Plat and any plats added to the Association in the future; and for the insurance, improvement, maintenance, repair, replacement, removal and demolition of the Association Responsibility Elements and for other purposes specifically provided herein. A portion of such monthly assessments shall be set aside or otherwise allocated in a reserve fund for the purpose of providing repair, replacement, removal and demolition of the Association Responsibility Elements . Notwithstanding the foregoing, the Association may use any reserve funds, if established, to defray operating costs, as it deems appropriate . In addition to the monthly assessments authorized above, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, replacement, removal or demolition of a capital improvement that the Association is required to maintain or for operating deficits that the Association may from time to time incur, provided that any such assessment shall have the assent of a 8 Pie. I Y majority of the Members who are voting in person or by proxy at a meeting duly called for this purpose. A Lot shall not be subject to any monthly assessments or special assessments until the first day of the month following the date of conveyance to an Owner of the Lot . Declarant shall not be liable for any monthly assessments or special assessments upon Lots owned by it . Regency Homes, L.C. is not responsible for the establishment of a budget as long as Regency Homes, L.C. is the sole voting member of the Association. The Association and Regency Homes, L. C. are not required to submit statements for assessments to any Owner. All payments shall be made on or before the due date. Both monthly assessments and special assessments must be fixed at a uniform rate for all Lots and shall be collected by the Association, in advance, in semi-annual installments due on January 1 and July 1 . Such semi-annual installments shall be prorated to the date of conveyance to an Owner of the Lot . Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum monthly assessment shall be Twenty Dollars and 00/100 ($20 . 00) per Lot . Thereafter, the maximum monthly assessment may be increased effective January 1 of each year, but such increase shall not be more than 10% greater than the maximum assessment for the previous year without a vote of a majority of Members who are voting in person or by proxy at a meeting duly called for this purpose . The Board of Directors shall fix the monthly assessment at an amount not in excess of the maximum. The Board of Directors shall fix any increase in the amount of the monthly assessment at least thirty (30) days in advance of the effective date of such increase . Written notice of special assessments and such other assessment notices as the Board of Directors shall deem appropriate shall be sent to every Owner subject thereto. The Board of Directors shall establish the due dates for all assessments . The Association shall, upon demand, and for a reasonable charge, furnish a certificate in a recordable form signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate from the Association regarding the status of assessments on a Lot shall be binding upon the Association as of the date of its issuance . Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18% per annum or at the highest rate allowed by Iowa law, whichever is lower. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the manner provided for foreclosure of a mortgage, or both, and there shall be added to the amount of said assessment all cost and 9 Pa5 e. I � expenses incurred by the Association in collecting said assessments, including reasonable attorney' s fees, whether or not legal action is required in connection therewith. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage . The assessment shall be paid prior to or at the closing of sale or transfer of any Lot . However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof . Provided, however, the sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such Lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu thereof shall extinguish the lien of all assessments becoming due prior to the date of such sale or transfer. D. DECLARANT' S RIGHTS . Declarant reserves the right to market the Lots in accordance with local ordinances . This reservation of right or privilege in Declarant includes, but is not limited to, the right to maintain models, erect signs, and to show Lots then unsold. Declarant retains the right to be considered an Owner of any Lot that remains unsold. E. MAINTENANCE . The Association shall provide all maintenance, repair, replacement, removal and demolition of the Association Responsibility Elements, including (but not limited to) all necessary painting, repairs, replacements and care of signs, monuments, fountains and other structures, and all necessary repairs, replacements and maintenance of lawns, shrubs, trees, and other elements of landscaping in a manner consistent with the level of maturity and development of the landscaping at the time that the repair, replacement or maintenance activity occurs . In the event that the need for maintenance or repair is caused through the willful or negligence act of any Owner, or the Owner' s family, guests, invitees, agents or contractors, the cost of such maintenance or repairs shall be assessed to such Owner. F. INSURANCE. The Association shall purchase and maintain a comprehensive public liability insurance policy in such amount or amounts as the Board of Directors shall deem appropriate from time to time . Such comprehensive public liability insurance policy shall insure the Association and the Owners against claims relating to the Association Responsibility Elements . The Association shall pay the premiums for all such insurance hereinabove described and the cost thereof shall become a part of the monthly assessment . 10 PCL5e ;z-1V G. ADDITION OF PROPERTY. Declarant shall have the right at any time to convey additional Association Responsibility Elements to the Association. Nothing in this Section, however, shall be deemed to be an obligation on the part of Declarant to convey additional Association Responsibility Elements to the Association in the future . The Association shall be obligated to accept any additional Association Responsibility Elements so conveyed by Declarant and to hold and maintain the additional Association Responsibility Elements pursuant to the terms of this Declaration. Declarant shall have the irrevocable right to subject additional land to the terms of this Declaration at any time in the future without the consent of the Association. The additional land shall be automatically subject to the applicable terms and conditions of this Declaration and Owners of Lots within the above-described land shall automatically become Members of the Association in the same fashion as described in this Declaration and shall be subject to the same applicable terms, conditions, duties and assessments as described in this Declaration. Declarant shall signify the addition of land by filing an amendment to this Declaration with the Recorder of Story County, Iowa. No approval of the Association or any other person shall be necessary. XIX. ENFORCEMENT OF COVENANTS . This Declaration shall be deemed to run with the land, and the Declarant or the Owner of any Lot may bring an action in any court of competent jurisdiction to enforce this Declaration to enjoin its violation or for damages for the breach thereof, or for any other remedy or combination of remedies recognized at law or in equity, and shall further be entitled to recover reasonable legal fees and costs if the Declarant or Owner prevails in any such action. XX. AMENDMENTS OF COVENANTS . This Declaration may be amended from time to time with the approval of the Owners . Such approval shall be given by the affirmative vote of not less than two-thirds (2/3) of the Owners . The Owner of each Lot (or the joint Owners of a single Lot in the aggregate) shall be entitled to cast one vote on account of each Lot owned. Provided, however, until the Declarant has sold all of the Lots, it may make amendments or modifications to this Declaration without the consent of any other Owners or other party. Such amendments or modifications by the Declarant shall be effective only after all other Owners are provided with a copy of the amendment or modification and the amendment or modification has been filed with the Recorder. 11 Pt e I XXI . PERIOD OF COVENANTS . This Declaration shall continue and remain in full force and effect at all times as to the Plat and as to the Owners of any Lot, regardless of how title was acquired, until the date twenty- one (21) years after the recording of this Declaration, on which date this Declaration shall automatically be extended for two (2) successive periods of five (5) years each, unless on or before the end of the base period, or the first extension period, the Owners of not less than fifty percent (500) of the Lots, by written instrument duly recorded, declare a termination of the same . XXII . ENFORCEMENT AND WAIVER. A. In the event that any one or more of the foregoing covenants, conditions or restrictions shall be declared for any reason by a court of competent jurisdiction to be null and void, such judgment or decree shall not in any manner whatsoever affect, modify, change, abrogate, or nullify any of the covenants, conditions and restrictions not so expressly held to be void, which shall continue unimpaired and in full force and effect . B . The Plat shall also be subject to any and all rights and privileges of the City, now held or hereafter acquired, by dedication or conveyance, or by reason of the platting and recording of the Plat, or by this Declaration or by law. Wherever there is a conflict between this Declaration and the zoning ordinance of the City, the more restrictive shall be binding. C. This Declaration shall not be applicable to property dedicated to the City, and the City may allow appropriate public use on city-owned property within the Plat . IN WITNESS WHEREOF, this Declaration of Residential Covenants, Conditions and Restrictions, was made the date first written above by the Declarant . THE RESERVE, L. C. , an Iowa limited liability company By: Hubbell Realty Company, an Iowa corporation, it anager t By —/ Rick J. Tol akson Senior Vice President By vin"IMA"' R. Michael Hayes, Secretary 12 Pat C_ STATE OF IOWA ) ) ss : COUNTY OF POLK ) On this --14+) day of July, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rick J. Tollakson and R. Michael Hayes, to me personally known who, being by me duly sworn, did say that they are the Senior Vice President and Secretary, respectively, of Hubbell Realty Company, an Iowa corporation, the Manager of The Reserve, L. C. , an Iowa limited liability company; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors and on behalf of the limited liability company by authority of its Operating Agreement; and that Rick J. Tollakson and R. Michael Hayes as such officers acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited liability company, by each entity and by them voluntarily executed. O'OA� _ a f0 IL TUFANO Name :oniss0 710207 Notary Public in and for the State iss on pires [*EA 1 10- of Iowa 13 (��e 23 f 1 MORTGAGEE' S CONSENT TO THE DECLARATION KNOW ALL MEN BY THESE PRESENTS : That First American Bank is the present owner of the Mortgagee ' s interest in that certain Mortgage, granted by The Reserve, L.C. , as Mortgagor, dated June 4 , 2002 and filed for record in the Office of the Recorder for Story County, Iowa on June 5 , 2002 , as Instrument No . 02-08231, (the -'Mortgage " ) , which Mortgage creates a lien on the property, among other property, that has been platted as Lots 1 through 44 , inclusive, in The Reserve, an Official Subdivision Plat , now included in and forming a part of the City of Ames, Story County, Iowa. First American Bank hereby consents to the foregoing Declaration of Residential Covenants, Conditions and Restrictions that are applicable to the Reserve and agrees that the liens of its Mortgage is subordinate to the covenants, conditions , easements, provisions, and restrictions created in said Declaration. Dated this r day of July, 2002 . FIRST AMERICAN BANK, Mortgagee By �- Dean Peyto , Senior Vice President STATE OF IOWA ) ) SS. COUNTY OA" F! POLK ) On this b1 day of July, 2002 , before me, a Notary Public in and for the State of Iowa, personally appeared Dean Peyton to me personally known, who being by me duly sworn did state that he is the Senior Vice President of First American Bank; that the seal affixed hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and the said Dean Peyton acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him voluntarily executed. Notary Public in an r said State I* WENDY OHLOFF ��Ay�Commi�E�Ins AprH 1,2005 14