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HomeMy WebLinkAboutA034 - Declaration of Covenants and Conditions recorded August 17, 2006 - Instrument No. 2006-00010276 /0k1'1lnstru=t12006- OW10276 Date:An M2006 t1:43e38A D Rec NO 65.00 E-Us Fee: 1.00 y "Aud Fees .00 Trans Taxi .00 Rec tlaaaswmmt Feet 1.00 Non-Standard Page Fee, .00 Filed for retard in Storm Coaatmr.Ion Susan L. Vande Rasa County Recorder Prepared by and Return To: (en) DgborA S.Krauth Nggmaster Law Firm 1416 Buckeye Avenue Suite 200 Ames IA 50010 515 233 3000 DECLARATION OF COVENANTS AND CONDITIONS RINGGENBERG PARK SUBDIVISION AM ES,STORY COUNTY,IOWA This Declaration of Covenants and Conditions,for nggenbergP k Su division,Ames, Story County,Iowa,(the"Declaration"),is made this k day of ,2006, by RINGGENBERG ESTATES,L.L.C.,an Iowa limited liability compan and FRIEDRICH LAND DEVELOPMENT CO.,L.L.C.,an Iowa limited liability company("Declarants"). WITNESSETH: WHEREAS,Declarants are the owners of Ringgenberg Park Subdivision, Ames, Story County,Iowa(the"Subdivision");and WHEREAS,Declarants desire to develop this addition as a multi-use subdivision;and WHEREAS,Declarants desire to establish the covenants and conditions governing the Subdivision for the benefit of the Owners of Lots in the Subdivision and to provide for the Associations to operate and maintain Common Areas and Common Elements of the Subdivision; NOW, THEREFORE, Declarants hereby publish and declare, that Lots in the Subdivision shall be held, sold and conveyed subject to the following covenants, conditions, limitations and obligations, all of which are for the purpose of protecting the value and desirability of the Subdivision, and all of which shall run with the land and shall be a burden upon and a benefit to any and all parties acquiring or owning any right, title or interest in any part thereof, and their heirs, successors, assigns, grantees, executors, administrators, and devisees. ARTICLE I INTENT;DEFINITIONS 1.01 Intent. It is the intent of this Declaration to provide covenants, conditions and restrictions to ensure the proper use and appropriate development of Improvements.to each Lot in the Subdivision. It is further the intent to provide for the Associations to perform the operation, maintenance,repair;replacement,alterations,improvement or modification of the Common Areas and Declarant Improvements. 1.02 Definitions. (a) "Subdivision" shall mean Ringgenberg Park Subdivision, Ames, Story County, Iowa. (b) "Associations" shall mean; Clubhouse Association" shall mean Ringgenberg Park Clubhouse Association,a nonprofit corporation organized pursuant to Revised Chapter 504 of the Code of Iowa,and its successors and assigns. "home Owners Association"shall mean Ringgenberg Park Home Owners Association,a nonprofit corporation organized pursuant to Revised Chapter 504 of the Code of Iowa,and its successors and assigns. "Town Home Association'shall-mean Ringgenberg Park Town Home Association, a nonprofit corporation organized pursuant to Revised Chapter 504 of the Code of Iowa,and its successors and assigns. (c) `Board" shall mean the Board of Directors of the Associations duly elected in accordance with the Articles of Incorporation and Bylaws of the Associations. (d) "City"shall mean the City of Ames,Story County,Iowa. (e) "Common Area"shall mean a Lot which is owned by any of the Associations.for the use and benefit of the members of the respective Associations and on which, either by recorded restrictions, recorded plats or zoning, no Owner Improvement may be constructed. (f) "Declarants" shall mean Ringgenberg Estates, L.L.C., an Iowa limited liability company, and Friedrich Land Development Company, L.L.C., an Iowa limited liability company,their successors and assigns. (g) "Declarant Improvements"shall mean those Improvements Declarants construct within the Subdivision,which may include,but are not limited to,detention ponds, irrigation system for common area,signage,landscaping on common areas and bike paths,and any additional Improvements,whether similar or dissimilar to any of the foregoing that Declarants choose to construct and deliver to the Associations'for continued operation,maintenance,repair, replacement,alteration, improvement or modification. 2 (h) "Declarant/Owner Remedies"shall be as defined in Paragraph 5.01 hereunder. (i) 'Improvements" shall mean and include a building, driveways,'parking areas, sidewalks, fences, signs, lawns, landscaping, flag poles and any structure of any type or kind,and all additions to any of the foregoing. (j) "Lot"shall mean all numbered lots in all additions in the Subdivision. (k) "Occupant"shall,mean an Owner and any person from time to time entitled to use and occupy any building, or any part of any building on a Lot,,under any lease, deed,license or other instrument or arrangement by which such person has acquired rights with respect to the use and occupancy of any building or part of a building on a Lot in the Subdivision. (1) "Owner"shall mean the person or persons who from time to time collectively hold the entire fee title to any Lot in the Subdivision,including buyers under executory contracts of sale(but shall not include any person who holds such fee title merely as security for a loan, unless and until such person has succeeded to ownership by enforcement of its remedies under such loan documents). (m) {°Owner Improvements"shall mean those Improvements to which an Owner has title within the Subdivision,including,but not limited to, a residence,town home, apartment building, commercial building, and any additional Improvements, whether similar or dissimilar to any of the foregoing that an Owner constructs within the Subdivision. (n) "Zoning Ordinance"shall mean the zoning ordinances of the City of Ames,Iowa. Words and phrases in this Declaration,including the acknowledgment, shall be construed as in the singular or plural number,unless the context permits only one such number. Words defined elsewhere in this Declaration shall have that meaning throughout the Declaration and not just in the Section in which such word is defined,unless the definition expressly states otherwise. ARTICLE 11 GENERAL USE RESTRICTIONS AND BUILDING SPECIFICATIONS The Lots in the Subdivision shall be held,occupied,sold and conveyed subject to the use restrictions and building specifications recorded with each Addition to the Subdivision. 3 ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION 3.01 Membership. (a) Every Owner of a Lot shall be a member of the Clubhouse Association. Every Owner of a Single Family Lot shall be a member of the Home Owners Association. Every Owner of a Town Home Lot shall be a member of the Town Home Association. A person who is not an Owner of a Lot may not become a member in any Association and. will not be allowed access or use of any Declarant Improvements, other than as a guest or invitee of a member (which shall be subject to the Articles of Incorporation, Bylaws and rules and regulations established by the several Associations),unless and until such person becomes the Owner of a Lot. (b) Membership shall be appurtenant to and may not be separated from ownership of any such Lot. Ownership of a Lot shall be the sole qualification for membership. 3.02 Voting Riehts. Each Association shall have two classes of voting members: CLASS"A" Class "A" members shall be each Owner of'a Lot, with the exception of Declarants. Class "A" members shall be entitled to one (1) vote for each Lot owned. When,more than one person holds an interest in any Lot,all such persons shall be members,but the vote attributable to.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 one Lot. CLASS"B" The Class "B" member shall be Declarants. The Class "B" member shall be entitled to five (5) votes for each Lot owned. The Class 'B" membership shall cease for Lots and be converted to Class"A"membership for voting purposes on the happening of either of the following events,whichever occurs earliest: (i) When the total votes outstanding in the Class"A"membership equal the total votes outstanding in the Class`B"membership,or (ii) On January 1,2025. 4 For assessment purposes, Class "B" members shall retain their status on unimproved Lots until the City of Ames has issued an occupancy permit for the Lot. When said occupancy permit has been issued,the assessment shall convert to the Class"A"rate. 3.03 Authority The Associations,through its Board of Directors,shall each have the right,power and authority to: (a) provide for the enforcement of this Declaration; (b) borrow money and own,mortgage,pledge and convey real property and personal property; (c) provide for any operation, maintenance, repair, reconstruction, restoration, replacement, or improvement of the Declarant Improvements or any Improvements hereafter made by the Association; (d) provide for the installation, operation and maintenance of project signage and entrance features; (e) provide for the installation, maintenance and care of landscaping in the Common Areas; (f) provide for the installation, operation, maintenance and repair of the storm water detention ponds; (g) provide for the installation,maintenance and repair of all bike and pedestrian trails within the Subdivision,to the extent not done by the City of Ames,Iowa; (h) make additional common Improvements for the,benefit of the Subdivision; (i) in its discretion,perform services on behalf of the Owners of one or more of the Lots; 0) hire accountants, architects, contractors; attorneys, managers, employees, and such other persons as necessary or desirable to carry out its duties; (k) purchase such insurance as may be reasonable; .including, but not limited to; general liability insurance, property and casualty insurance and officers and directors coverages; (1) levy, .collect, and have jurisdiction, control and possession of assessments as hereinafter provided; (m) enter into contracts as may be necessary or desirable to carry out the provisions of this Declaration; 5 (n) establish rules and regulations for the use of Association property which are established for the benefit of the members of the Association and their guests and invitees which may include remedies and the imposition of reasonable fines for the violation of such rules and regulations; (o) otherwise establish such procedures and policies as may be necessary or deemed .desirable to provide for the general welfare of the Owners and Occupants of the Subdivision,'in accordance with the spirit and letter of this Declaration,including the power to make variances in this Declaration;and (p) do such other things as are reasonable or necessary to carry out its obligations under this Declaration as supplemented from time to time. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 4.01 Creation of Lien and Personal Oblieation. Declarants hereby covenant, and each Owner of a Lot by acceptance of a deed therefor,whether or not it shall be so expressed in such deed,is deemed to covenant and agree,to pay to the Associations assessments as provided in this Declaration. The assessments levied by the Associations and any other charges against the Owner of a Lot set forth elsewhere in this Declaration, together with interest, costs and reasonable attorney's fees,shall be a charge on the Lot of such Owner and shall be a continuing lien upon such Lot senior to all liens except the first mortgage of record and any special assessments levied by the City. Such assessment or charge, together with interest, costs and reasonable attorney's fees,shall also be the personal obligation of the person who was the Owner of the Lot at the time when the assessment or charge fell due. 4.02 Purpose of Assessments. The assessments levied by the Associations shall be used exclusively for the purpose of carrying out the ,general duties and powers of the Associations, including, but not limited to operation, maintenance, repair, reconstruction, restoration, replacement, or alteration of the Declarant Improvements to the Subdivision or the Improvements hereafter constructed by the Associations as provided in this Declaration, insurance coverage of the Associations and their property, any legal or .other .costs of enforcement of this Declaration,and for such reasonable reserves as the Board deems necessary. See Section 4.03 supra. In making such assessments,the amount to be levied shall be equal to and limited to the actual cost to the Associations of providing those functions and services set forth in this Declaration. 4.03 Rate of Assessment. The assessments,levied on and against Lots within the Subdivision and the Owners thereof,shall be determined by the Lot type. The rate of assessment shall be a share of the total amount of assessment for each Association prorated equally among the Members of each Association at the beginning of the period for which such assessment applies. 6 Members of the Clubhouse Association shall be assessed for the following purposes: Maintenance of Common Areas owned by the Clubhouse Association, including but not limited to.clubhouse, pool, detention pond and green space,bike paths,sidewalks and other structures. Members of the Town Home Association shall be assessed for the following purposes: Maintenance of Common Areas owned by the Town Home Association, including but not limited to bike paths, sidewalks and structures, snow removal and lawn care for Town Home Lots,exterior maintenance,which shall include only siding and roof, and private street snow removal and maintenance. Members of the Home Owners Association shall be assessed for the following purposes: Maintenance and replacement for all Common Areas owned by the Home Owners Association including but not limited to green spaces, parks, detention areas,bike paths,sidewalks and structures. At the time of the filing of the final plat for each addition to the Subdivision,there shall be placed of record a document indicating the category into which each Lot falls for purposes of Association assessments. 4.04 Procedures. All assessments shall be made in the manner and subject to the following procedure: (a) Notice of all assessments may be given by mail addressed to the last known or usual post office address of the holder of legal title of the assessable property and deposited in the United States mail with postage prepaid, or may be given by posting a notice of the assessment upon the assessable property itself. (b) Every assessment shall become due and payable within thirty (30) days after notice is given as hereinabove provided, unless the assessment by its own terms provides for payment in monthly,quarterly or semi-annual installments,in which case each payment shall be due as stated in the notice. From and after the date when said payment is due,it shall bear interest at lesser of(i)the rate of twelve percent(12%)per annum,or(H)the maximum rate allowed by law,until paid and such payment and interest shall constitute a lien upon the assessable property which lien shall continue in full force and effect until the assessment is fully paid. The Board may also impose a late charge in such amount as it shall establish from time to time and set forth in any notice of assessment to defray the Association's administrative costs associated with collecting delinquent assessment payments. 7 Notwithstanding any other provision herein, an Association may bring an action at law against the Owner personally obligated to pay any assessment, or may foreclose the lien against the assessable property in the manner provided for foreclosure of a mortgage, or both, and all costs incurred by the Association, including attorney fees, shall be added to the amount of such assessment. No Owner of assessable property may waive or otherwise be relieved of liability for the assessments provided for herein by non-use of the Common Areas or abandonment of its assessable property. (c) The term"assessable property"shall mean all Lots within the Subdivision which are subject to this Declaration whether or not such.Lot has Owner Improvements constructed on it and whether such Lot is vacant or occupied. ARTICLE V GENERAL PROVISIONS;DURATION OF DECLARATION 5.01 SSaecific Enforcement of Restrictions:Declarant/Board Remedies. Declarants and each Owner of a Lot in the Subdivision which is subject to the terms and conditions of this Declaration shall have the right to enforce this Declaration and each and every covenant, condition,provision,restriction and term of this Declaration and in the event of the breach of any such covenant,condition,provision,restriction or term contained in this Declaration,Declarants and each Owner shall have the right to exercise all rights and remedies available at law or in equity and to Declarant/Owner Remedies as defined herein. All Owners of Lots within the Subdivision covenant and agree,by acceptance of a deed to such Lot,whether or not it shall be so expressed in such deed, that monetary damages may not provide adequate compensation for the breach of the restrictions and covenants contained in this Declaration and that this Declaration may be specifically enforced by Declarants or the Board. All remedies provided for in this Declaration or which are otherwise available at law or in equity shall be cumulative: Neither Declarants, the Board nor any Owner of a Lot which is subject to the terms of this Declaration shall have any liability to any person or entity for any failure to enforce any provision of this Declaration. Declarant/Board Remedies shall include,but not be limited to,.the following: If an Owner fails to comply with any provision in this Declaration and such failure continues for more than ten (10) days after written notice from the Declarants or-the Board,then the Declarants or the Board shall have the right and easement to.enter upon the premises and perform such acts at the expense of the Owner of the Lot where such failure to act has occurred and shall have a right of action against the Owner of such Lot for collection of the costs thereof, plus reasonable costs,including attorney fees, of collecting such amount,plus interest at the lesser of (a) twelve percent (12%) per annum or (b) the maximum rate allowed by law for the date such cost is incurred and shall have a lien against such Lot from the,date an Affidavit reciting the giving of such noticei the performance 8 of such work and the cost thereof is filed in the,office of the Recorder of Story County, Iowa, until such amount, plus the reasonable costs, including attorney fees of collecting such amount and costs of filing such lien incurred by Iienholder is paid in full. Within ten (10)business days of receipt of payment in full, an affidavit reflecting satisfaction shall be recorded by the original affiant. 5.02 Breaches Deemed to be a Nuisance. Every act or omission that violates, in whole or in part,any of the covenants,conditions,provisions,restrictions and terms contained in this Declaration is hereby declared to be a nuisance,and every remedy allowed by law or equity therefor shall be applicable against the party who so violates this Declaration and may be exercised by Declarants or the Board, 5.03 Attorneys Fees. In the event, in the reasonable opinion of the Board or Declarants,it shall be necessary to secure the services of an attorney to enforce the provisions of this Declaration, then the fee of such attorney, and all other costs in connection with the enforcement of this Declaration, including, but not limited to, the costs of obtaining and/or continuing an abstract of title to the Lot in question,the costs of any contemplated or actual legal proceedings,and the costs of preparation and presentation.of any evidence shall be the obligation of the Owner of the Lot which is the subject of such enforcement action, unless such Owner is found not to have violated any provision of this Declaration;however,such Owner shall not be obligated for any such attorneys fees and costs incurred by such Declarants or the Board if the Owner offers to settle the matter for an amount equal to or greater than that finally approved by a court of competent jurisdiction and/or by taking or forbearing from the requested action, as appropriate. If such costs and attorneys' fees are not paid within ten(10)days from the date of written notice thereof by the Board or Declarants to the Owner of such Lot, said fee and costs shall thereupon constitute a lien against the Lot in question,the same as the lien for the general assessment pursuant to the provisions of Article IV hereof, and all interest and remedies' applicable to such lien shall apply thereto. 5.04 Inspection. Declarants or representatives of the Associations who are authorized by the Board may,from time to time,at any reasonable hour or hours,enter and inspect any Lot subject to this Declaration to ascertain compliance therewith. 5.05 Failure to Enforce Not a Waiver of Riehts. The failure of Declarants, the Associations, or any Owner of a Lot which is subject to this Declaration to enforce any condition, covenant, provision, restriction, reservation or term of this Declaration in any one instance shall not be deemed a waiver of the right to do so thereafter nor shall it be deemed to constitute a waiver of the right to enforce any other condition,covenant, provision, restriction, reservation or term of this Declaration. 5.06 Rights of Third Parties. Nothing in this Declaration shall be construed so as to impose or create any duty or obligation on either Declarant,the Association or any Owner of any Lot which is subject to this Declaration to the benefit of the general public, third parties, or invitees,guests,employees,agents,principals or licensees of any Owner or Occupant of any Lot which is subject to this Declaration. 9 5.07 Lia6fli .Neither the Declarants not the Association, nor their respective members, shareholders, directors, managers, officers, employees, agents and representatives shall have any liability to or for damages of any sort to any Owner or Occupant or to any other person or entity for any exercise or failure to exercise any right or duty or obligation,if any,of Declarants or Association hereunder,or in any manner arising therefrom,or for the granting of approval or withholding of approval, required or permitted under the terms of this Declaration, except as in Declarants' or the Association's capacity as the Owner of any Lot that is subject to this Declaration. Any Owner of a Lot which is subject to this Declaration may, however, exercise any rights such Owner may have against the Declarants or Association or otherwise seek to enforce the conditions,covenants,provisions,restrictions,reservations and terms of this Declaration against such Declarants or the Association, by an action in equity for specific performance or injunctive relief, to which Declarants or Association shall be subject. These remedies of specific performance and injunctive relief shall be the only remedies available against Declarants or the Association (except as in Declarants' or the Association's capacity as the Owner of any Lot that'is subject to this Declaration) for any exercise or failure to exercise any right, duty or obligation, if any, of Declarants or Association hereunder, or in any manner arising herefrom, or for the granting of approval or withholding of approval required or permitted under the terms of this. Declaration, all other remedies being expressly waived by acceptance of a deed to any Lot within the Subdivision. 5.08 Condemnation. In the event of any partial taking by a governmental body or other,entity that has the power of eminent domain that involves a taking of all or part of Improvements to be constructed by Declarants,the Owners of each Lot agree,by acceptance of a deed to such Lot,whether or not it is so expressly stated in such deed,that the Association shall have and shall be deemed to have an interest in proceeds to be paid for such taking in the amount necessary to repair, restore or replace the portion of such Improvements so taken as near as practicable to a functional whole to serve.the same purpose after such taking as the facility so taken served prior to such taking. To the extent that the Association does not receive its own award or payment from the condemning authority or the award or payment received is inadequate to cover the cost of repair, restoration or replacement of such Improvements, the Owners of each Lot receiving such award or payment shall pay to the Association pro rata from their awards or payments the amount necessary for the Association to complete such repair, restoration or,replacement of such Improvements. In the event that_the awards or payments received from such condemnation are inadequate to pay the entire cost to complete such repair, restoration or replacement of such Improvements, then the remaining cost shall be assessed against all Owners of Lots in the Subdivision in proportion to their respective assessment shares. All amounts due to the Association from the Owners of any Lot shall constitute a lien against the property in question,the same as the lien for the general assessment pursuant to the provisions of Article IV hereof,and all interest and remedies applicable to such lien shall apply thereto. 5.9 Estoppel Certificates. The Association shall issue to any Owner of a Lot or to any mortgagee of, or purchaser from, any Owner of a Lot, an Affidavit Explanatory of Title or Estoppel Certificate in such form as may reasonably be requested. The Association shall be entitled to establish a reasonable fee for the provision of a certificate in accordance with the foregoing provisions and may condition the delivery of such certificate upon the payment of the applicable fee. 10 5.10 Covenants Bindine and Running with the Land. Each of the conditions, covenants,indentures,restrictions and reservations contained in this Declaration shall be binding upon and inure to the benefit of Declarants,the Associations,and the Owners of each Lot in the Subdivision, and their successors and assigns and all parties and persons claiming under any of them,and shall be deemed covenants that run with the land,and shall continue for the applicable periods specified in this Declaration. 5.11 Duration. This Declaration and all conditions, covenants, provisions, restrictions,reservations and.terms hereof shall be binding for a period of twenty-one(21)years from the date of the recording of these covenants, unless claims to continue any interest in the. covenants are filed as provided by law. 5.12 Amendment of This Declaration. This Declaration may not be altered, amended, modified, supplemented or terminated,in whole or in part, except in writing and as provided in this Section. Declarants may, by written declaration signed and acknowledged by them and recorded in the Office of the Recorder for Story County, Iowa, alter, amend, supplement, add to, or terminate such conditions, covenants, indentures, restrictions and reservations of this Declaration, provided, however, that such alteration, supplement, addition; amendment or termination shall insure provisions for the continued operation, maintenance, repair, restoration and replacement of Improvements to the Subdivision, and further provided that no such alteration,amendment,supplement,addition,or termination may change the.manner of assessment of any Owner except in.a manner applied uniformly to all Owners. No such alteration, amendment, modification, or change shall reduce or modify the rights or obligations granted to, or imposed upon, the Associations with respect. to the continued operation; maintenance, repair, restoration and replacement of the Declarant Improvements to the Subdivision and the power to levy assessments therefor or to eliminate the requirement.that there be the Associations unless some other person or entity be substituted for the Associations and succeed to all of its rights and duties under this Declaration. It is expressly understood that no such alteration,amendment,supplement,addition,or termination shall require the consent of any Occupant,Owner,or any mortgagee of any Lot or from the City. 5.13 Release Upon Sale. Subject to the provisions of this Section, if an Owner of a Lot sells, transfers, or assigns its Lot (other than as security for a loan), the Owner shall be released from its future obligations under this Declaration. It shall be a condition precedent to such release and discharge that any and all amounts that shall then be due and payable by such Owner shall have been paid,and that such Owner shall give written notice to the Associations of any such sale,transfer,conveyance,or assignment concurrently with the filing for record of the instrument effecting the same. Notwithstanding anything in this Declaration to the contrary, it is expressly understood and agreed that any first mortgagee that shall have acquired title to any Lot, or portion thereof, through foreclosure or deed in lieu of foreclosure, shall not be personally liable for any obligations under this Declaration that arose with respect to the obligations of the Owner of such Lot prior to the date such mortgagee acquired title thereto;provided,however, that any existing lien or right to a lien against such Lot allowed by this Declaration or as a result of the 11 enforcement of this Declaration with respect to matters occurring before such mortgagee so acquired title thereto and shall continue and remain in full force and effect. 5.14 Severability. In the event any provision of this Declaration is held invalid, illegal, or unenforceable,in whole or in part,the remaining provisions of this Declaration shall not be affected thereby and shall continue to be"valid and enforceable and if,for any reason,.a court finds that any provision of this Declaration is invalid,illegal or unenforceable as written or applied, but that by limiting such provision it would become valid,legal and enforceable,then such provision shall be deemed to be written or applied and shall be construed and enforced as so limited. 5.15 Time of Essence. Time is.of the essence with respect to the,performance of each of the conditions,covenants,terms and provisions of this Declaration. 5.16 Governine Law. This Declaration shall be construed in accordance with the laws of the State of Iowa. 5.17 Cautions. The captions of the Articles, Sections and Subsections of this Declaration are for convenience only and shall not be considered nor referenced in resolving questions of interpretation and construction of this Declaration. IN WITNESS WHEREOF,Declarants have duty executed this-Declaration as of the date and year first above written. RINGGENBERG ESTATES,L.L.C. By: � Roberta2�z K.Friedrich,Jr.,Manager By:_ Kurt W.Friedrich,Manager FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C. By: Robert K.Friedrich,Jr.,Manager By: , � o�GtU Kurf W.Friedrich,Manager 12 STATE OF IOWA,STORY COUNTY,ss: On this /'-I_ day of 2006, before me, the undersigned, a Notary Public in and for the State o Iowa, personally appeared Robert K. Friedrich, Jr., and Kurt W. Friedrich, to me personally known, who being by me duly sworn did say that they are the Managers of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Robert K.Friedrich, Jr.,and Kurt W.Friedrich acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. JEANNIE A.STOLEE052*'r� Q. • COMMISSION#137834 N�Public in and for the State of Iowa MY COMMISSION EXPIRES �0W" 11—1 I t-C(e STATE OF IOWA,STORY COUNTY,ss; On this. /y day of A,.gc,rd• ,,2006, before 'me, the undersigned, a Notary Public in and for the State o Iowa, personally appeared Robert K. Friedrich, Jr. and Kurt W.Friedrich, to me personally known, who being by me duly sworn did say that they are the Managers of said limited liability company and that said instrument was 'signed on behalf of the said limited liability company by authority of its managers and the said Robert K.Friedrich, Jr.,and Kurt W:Friedrich acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntary executed.. dEANNIE A.S70LEE COMMISSION#137834 oPd b c in and for the State of Iowa • MY COMMISSION EXPIRES �Y low" l y,c6 X4TmndbnIwsK�wil�ooeWn9YmM1uy_o�••,•ti.(.lprcweikudoe 13