CANYON CREST - Williams & Williams

__________Cc-'I!!llhI( 111111111111 liii IlIIIIIIllIII!II IJI20050927—0004151APN 001-04-812-001 through 027001 -09-118-001 through 010001-04.801.006001 -04301-003001-04301-005001.04401.004001-04-401-0029Qj44-310-001 through 020through001.05-701-007001-05-701.008001-05-701-005001.05-701.009001001-04-301.007Fee: $2500FUC Fee: $0 0009(2712005 ?4:04:35120C501 77298Requestor:EOIJIIY likE OF W€VADflFrances DeaneIIXPClark County Recorder Pgs: 12WHEN RECQEP,BRYAN K.. DAY, ESO.Goold Patterson Ales & Day4496 South Pecos RoadLas Vegas, Nevada 89121(702) 436-2600(Space Above Ljne for Recorders Use Only)FIRST AMENDMENTTOMASTER DECLARATIONOFCOVENANTS, CONDITIONS AND RESTRICTIONSAND RESERVATION OF EASEMENTSFORCANYON CREST(flkla CANYON CREST COMMUNITY ASSOCIATION)(a Nevada Residential Common-Interest Planned Community)CITY OF MESQUITE, CLARK COUNTY, NEVADATHIS FIRST AMENDMENT ("First Amendment") TO MASTER DECLARATION OFCOVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FORCANYON CREST (F/ViA CANYON CREST COMMUNITY ASSOCIATION) ("Declaration"), made asof the 23rd day of September,2005, by CANYON CREST, LLC, a California corporation("Declarant");05.0923Canyon Crest Master Assodalion CC&R Amendment



WITNESS E TM:WHEREAS:A. On October 26, 2004, Declarant caused to be Recorded the Declaration for CANYONCREST, a Nevada Residential Common-Interest Planned Community (the "Community"), in Book20041026 as Instrument No. 0004074, in the Office of the County RecorderoIClarkCounty, Nevada;andB. Pursuant to Declaration Section Declarant desires to amend the Declarationas more particularly set forth herein; andC. This First Amendment does not purport to affect the validity or priority of anyMortgage, or the rights or protections granted to any Mortgagee, insurer, or guarantor of a firstMortgage, as set forth in the Declaration;MOW, THEREFORE, in consideration of the foregoing premises, and the provisions hereincontained, the Declaration is hereby amended as follows:Amendment 1. All references to the name of the Community as Canyon Crest CommunityAssociation" are amended to "Canyon Crest,"Amendment 2. Exhibit 'A" and Exhibit "B' of the Declaration are hereby deleted in theirentirety and replaced with the Exhibit "A" and Exhibit "B" attached to this First Amendment.Amendment 3..additional definitions:Section 1 of the Declaration is hereby amended to include the following.1.27 "Community" shall mean a Common-Interest Community, as defined in NRS§ 116 110323, and a Planned Community, as defined in NRS § 116.. 110368.1.28 "Limited Common E(ement"shall mean a Common Element allocated by thisDeclaration, any Annexation Amendment or lhe Association forlhe exclusive use of one ormore butfewer than all of the Units, as permitted by NRS 116.059.. A Neighborhood Common Area is anexample of a Umited Common Element..1.29 "Neighbothood" shall have the meaning set forth in Section 14.2, below.14,3, below.14.4, below.below.1.30 "Neighborhood Assessments" shall have the meaning set forth in Section1.31 "Neighborhood Common Ama" shall have the meaning set forth in Section1.32 "Neighborhood Expenses" shall have the meaning set forth in Section 14.5,Amendment 4. Section L42 "Master Association" is hereby amended from CANYONCREST, a Nevada nonprofit corporation, to CANYON CREST MASTER ASSOCIATION, a Nevadanonprofit corporation.Canyon crest Master Assodalion CC&R Amendment 2 05-0923

Amendment 5. Section 45(b) is hereby amended to add the following at the end: "Unlessmodified by the provisions set forth herein, the number of Delegate Districts for the Project shall benine (9), with each Delegate District encompassing a designated village for the Project (i.e.. Village,2A, 2B, 4, 5, 6, 7, BA and SB), except thai Villages 1 and 3 shall be one (1) Delegate District..Amendment 6.. The following is hereby added to the end of the first sentence Section 62:"and (e) if applicable, with regard to a particular Neighborhood, Neighborhood Assessments"Amendment 7. The following sentence is hereby added to the end of Section 6.6: 'NeighborhoodAssessments, if any, may vary by Neighborhood, pursuantto Article 14, below, but shall be assessed at anequal and uniform rate against all Owners and their Units within a given Neighborhood"Amendment 8..Section 6.7 is hereby deleted and replaced with the following:6.7 Assessment Commencement Dale.. The Board, by majority vote, shall authorizeand levy the amount of the Annual Assessment upon each Lot or Condominium, asprovided herein. Annual Assessments shall commence on Units on the respectiveAssessment Commencement Date. The "Assessment Commencement Date" hereundershalt be: (a) with respect to Units in the Original Property, the first day of the calendarmonth following the Close of Escrow to an Owner of the first Unit in the Original Property;and (b) with respect to each Unit within Annexed Territory, that date on which the Notice ofAnnexation for such Unit is Recorded; provided that Declarant may establish, its satediscretion, a laterAssessment Commencement Date uniformly as to alt Units by agreementof Dectarant to pay all Common Expenses for the Property up through and including suchlater Assessment Commencement Date. The first Annual Assessment for each Unit shallbe pro-rated based on the number of months remaining in the Fiscal Year All installmentsof Annual Assessments shall be collected in advance on a regular basis by the Board, atsuch frequency and on such due dates as the Board shall determine from time to time in itssole discretion. The Master Association shall, upon demand, and for a reasonable charge,furnish a certificate binding on the Master Associalion, sighed by an officer or MasterAssociation agent, setting forth whether the assessments on a Unit have been paid.. Attheend of any Fiscal Year, the Board may determine that all excess funds remaining in theoperating fund, over and above the amounts used for the operation of the Property, may beretained by the Master Association for use in reducin9 the following year's AnnualAssessment or for deposit in the reserve account.. Upon dissolution of the MasterAssociation incident to the abandonment or termination of the maintenance of the Property,any amounts remaining in any of the Master Association funds shall be distributedproportionately to or for the benefit of the Members, in accordance with Nevada law..Amendment 9. The last sentence of Section 6.19 is hereby deleted in its entirety and replaced withthe following: "This amount shall be deposited by the Owner into the purchase and sale escrow anddisbursed therefrom to the Master Association., Such initial capital contribution is in addition in addition to,and is not to be considered as, an advance payment of the Annual Assessment for such Unit, and may beapplied to working capital needs andfor the reserve fund, in the Board's business judgment. Additionally,at the Close of Escrow for the resale of a Unit by an Owner (other than Declarant or Participating Builder),the purchaser of such Unit shall be required to pay a resale capital contribution to the MasterAssociation inCanyon Crest Master CC&R Amendment 3 05-0923

an amount equal to one-sixth (1/6) of the amount of the then Annual Assessment for said Unit.. Such resalecapital contribution is in addition in addition to, and is not to be considered as, an advance payment of theAnnual Assessment for such Unit, and may be applied to working capital needs and/or the reserve fund, tnthe Board's business judgment..Amendment 10. The following Section 6.21 is hereby added to the Declaration:621 Subsidies and/orAdvances by Decfatant Declarant shall have the right, inits sole and absolute discretion, from lime to time during the Declarant's Period ofControl, to: (a) subsidize the Association, by direct payment of any and all ExcessCommon Expenses ("Declarant Subsidies"); and/or (b) advance funds and/or makeloan(s) to the Association, to be used by the Association for the sole purpose ofpaying Excess Common Expenses ç'Declarant"Excess CommonExpenses" for purposes of this Section 6.21 shall mean such amount, if any, ofCommon Expenses in excess of Assessments and non-Reserve funds reasonablyavailable at such lime to pay Common Expenses.. The aggregate amount of any andall Declarant Subsidies and/or Declarant Advances, or portions from time to timerespectively thereof, together with interest thereon at the rate of twelve percent(12%) per annum, shall be repaid by Association to Declarant as soon asnon-Reserve funds are reasonably available therefor (or, at Declarant's sole andabsolute discretion, may be set off and applied by Declarant from time to time againstany and all past, current, or future Assessments andlor contributions to ReserveFunds, to such extent, if any, Declarant is obligated to pay any such amounts underthis Declaration or under applicable Nevada law). Each Owner, by acceptance of adeed to his or her Lot, shall be conclusively deemed to have acknowledged andagreed to all of the foregoing provisions of this Section 6..21,whether or not so statedin such deed.Amendment 11 The following Section 14 is hereby added to the Declaration(notwithstanding the broad provisions of Section 14, the sole initial purpose of Section 141s to createa mechanism for the maintenance of the entry gate for Village 3 of the Community and Declarsntdoes not anticipate any additional "Neighborhoods" or "Neighborhood Common Areas" other thanVillage 3 and the Village 3 entry gate):14.. Additional Pmvisions Pertaining to Neighborhoods14.1 Designation of Neighborhoods and Neighborhood Common Areas., Declarantadditionally reserves the right, in its sole discretion to designate Neighborhoods (andto unilaterally redesignate Neighborhood names, designations, and/or boundaries)and Neighborhood Common Areas, as set forth below, until the later of such time asDeclarant no longer owns any property in the Project, or no longer has the power toexercise any developmental right pursuant to this Declaration. Each Unit shall belocated within a Neighborhood14.2 aNeighbothoodw shall mean a group of particular Units designated byDectarant as a specific neighborhood for purposes of shanng Neighborhood CommonArea (and/or receiving other benefits or services which are not provided to otherUnits within the Community but outside of such Neighborhood), subject to sharing byUnits within the Neighborhood of Neighborhood Expenses through supplementalperiodic Neighborhood Assessments, if any, as established by the Board from time tolime. Any and all Neighborhoods shall be subject to the Governing Documents;provided that a Neighborhood may (in Declarant's sole discretion), but need notnecessarily, also be subject to a Supplemental Declaration or within the jurisdiction ofCanyon Crest Master Association CC&R Amendment 4 05-0923

a Sub-Association In such case, in the event of any irreconcilable conflict, theGoverning Documents shall prevail, and the Board shall have the power and right.but not the obligation, to veto any action taken or contemplated to be taken by anysuch Sub-Association or Owner (other than Declarant, whose rights and actions shallnot be subject to any such Board veto) or group of Owners which the Boarddetermines, in its reasonable business judgment, to be inconsistent with Communitywidestandards or incompatible with the best interests of the Association as a whole.14.3 We/ghborhoodAsses$meflts" shall mean those periodicasseasments, whichshall be supplemental to all Community Assessments, levied by the Board (or Boardof directors of a Sub-Association, if permitted by Declarant in its sole discretion)uniformly upon the Units within a particular Neighborhood to pay for theNeighborhood Expenses within such Neighborhood14.4 Weighbothood Common Area" shall mean a portion of the Common Elementswhich shall constitute Limited Common Elements allocated for the use and benefit ofone or more Neighborhood(s) (but less than the entice Community) as designated byDeclarant in its sole discretion.. Neighborhood Common Area is available for the useand enjoyment of only the Owners (subject to the Sub-Association, if any) within suchNeighborhood.. Neighborhood Common Area may vary by Neighborhood.. Withoutlimiting the preceding sentence, certain Neighborhoods may be gated, and otherNeighborhoods may not be gated, in Declarant's sole discretion, The level ofmaintenance of Neighborhood Common Area shall be determined from time to timeby the Board provided that the Owners of Units within a Neighborhood may requestthe Board to enhance the level of maintenance in such Neighborhood (at the solecost of such Neighborhood and the Owners thereof), pursuant to Rules andRegulations governing same which may be established and/or revised by the Boardfrom time to time in its reasonable business judgment.14.5 mean the expendRures made by, orfinancialliabilities of, the Association (or Sub-Association, if applicable), together with anyallocations to reserves, for maintenance, management, operation, repair,replacement and insurance of Neighborhood Common Area, or for the particularbenefit of Owners of Units within a particular Neighborhood, as may be authorizedpursuant to this Declaration or in any applicable Supplemental Declaration..14.6 Neighborhood Common Ames.. Certain portions of the Common Elementsfrom time to time may be designated by Declarant, in its sole discretion, asNeighborhood Common Area, which shall constitute Umited Common Elementsallocated and reserved for the exclusive use or primary benefit of Owners andresidents within a particular Neighborhood. By way of illustration and not limitation,Neighborhood Common Area may, but need not necessarily, include Neighborhoodentry features, entry gates, landscaping, and other Umited Common Elementswithina particular Neighborhood. Certain Neighborhoods may be gated, and otherNeighborhoods maybe non-gated, in Declarant's sole discretion.. Alt costsassociatedwith maintenance, management, operation, repair, replacement, and insurance ofNeighborhood Common Area shall be a Neighborhood Expense, allocated uniformlyand levied as Neighborhood Assessments among the Owners in the Neighborhood towhich the Neighborhood Common Area is allocated.14.7 Designation of Neighborhood Common Areas.. Any Neighborhood CommonArea initially shall be designated as such from time to time in: (a) a separatecanyon Crest Master Association CC&R Amendment 5 05-0923

instrument Recorded by Declarant in its sole discretion; or (b) in the deed conveyingsuch Neighborhood Common Area to the Association (or, if applicable, to a Sub-Association for the Neighborhood); or (c) on the relevant Recorded subdivision plat;provided, however, that any such designation shall not preclude Declarant from laterassigning use of the same Neighborhood Common Area to additional Units and/orNeighborhood(s), so long as Declarant has a right to subject additional property tothis Declaration pursuant to Section 6.1, above. Thereafter, allocation ofNeighborhood Common Area may be reassigned upon written approval of the Boardand the affirmative vote of a majority of the votes within the Neighborhood(s) affectedby the proposed reallocation. As long as Declarant owns any property subject to thisDeclaration or which may become subject to this Declaration in accordance withSection 2 above, any such allocation or reallocation shall also require Declarant'sprior written consent, in its sole discretion14.6 Use of Neighborhood Common Area, Subject to all of the other provisions ofthis Declaration (including, without limitation, the easements, use restrictions,maintenance and repair obligations, and architectural and landscaping controlprovisions), Neighborhood Common Area (which, by way of illustration and notlimitation, may but need not necessarily include separate Neighborhood entry gateswithin the Neighborhood) is exclusively allocated to and reserved for the exclusiveuse of Owners and Residents of Units within the Neighborhood to which theNeighborhood Common Area is allocated..14.9 Maintenance, Repair, and Replacement of Neighborhood Common Area..Costs of management, operation, maintenance, repair, replacement and insurance ofNeighborhood Common Area shall be a Neighborhood Expense assessed asNeighborhood Assessments to the Owners of Units in the Neighborhood(s) to whichthe Neighborhood Common Areas are allocated14.10 Allocation and Budgeting of Neighborhood Expenses.. As part of the annualBudget process set forth in, and, subject to the provisions of Section 6.1 above, theBoard shall cause to be prepared and delivered, to each Owner of a Unit in aNeighborhood, a supplemental budget covering the estimated NeighborhoodExpenses for a Neighborhood (which shall also include a reasonably prudentallocalion for reserves for capital repairs and replacement of Neighborhood CommonArea). The Association is hereby authorized to levy Neighborhood Assessmentsuniformly against all Units in the Neighborhood subject to assessment, to fundNeighborhood Expenses. Such Neighborhood budget and NeighborhoodAssessments promulgated by the Association shall become effective unlessdisapproved by Owners of seventy-five percent (75%) of the affected Units in theNeighborhood: however, there shall be no obligation to call a special meeting of theOwners of Units in such Neighborhood If the proposed budget bra Neighborhood isdisapproved, or if the Board fails for any reason to determine the budget for anyyear,then until such time as a budget is determined, the budget in effect for theimmediately preceding year shall continue for the current year. The Board mayrevise the budget for any Neighborhood, and the amount of any NeighborhoodAssessment from time to time during the year, subject to notice and the right of theOwners of Units in the affected Neighborhood to disapprove the revised budget asset forth above. Notwithstanding the foregoing, if a Supplemental Declaration hasbeen duly Recorded, and a Sub-Association has been duly created, with respect tosuch Neighborhood, then, subject to express delegation set forth in saidSupplemental Declaration or separate Recorded delegation by Declarant, the Sub-Canyon Crest Master Associathn CC&R Amendment 05-0923

Association shall be obligated to prepare, notice, and administer a Neighborhoodbudget in like manner as set forth in Section 61 above..Except as expressly amended herein, the Declaration shalt remain ri lull force and effect. Ailcapitalized terms not defined herein shall have the same meaning as set forth in the DeclarationIN WITNESS WHEREOF, the undersigned Declarant has executed this First AmendmentaSof the day and year first written above.DECLARANT:ICANYON CREST, LLC, ,ja California limited liability c$panyBy:Printt:Bdan c.STATE OF NEVADACOUNTY OF CLARKThis instrument was acknowledged before me on this — day of September, 2005, byasof CANYON CREST, LLC, a California limitedliability company.NOTARY PUBLIC(Seal)Canyon Crest Master Association CC&R Amendment 7 050923

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENTState of CaliforniaCounty of SacramentoIOn September 23, 2005, before inc. S. N. Smith, Notary Publicpersonally appeared Brian C. Vail.X personally known to meS.COtflfllbsJon# 1535012Notary Public CoWorniaSacramento County14,Place Notary Seal Abover'C— proved to me on the basis of satisfactory evidence tobe the person(s) whose name(s) subscribed to thewithin instrument and acknowledged to me thaththhe.khey executcd the same in hisfl3erIthekauthorized capacityfies), and that by hisihethheicsignaturc(s) on the instrument the person(* or theentity upon behalf of which the person(s) acted,executed the instrumentWITNESS my band and official sealC -ra ntNoinry Public -OPTIONALThough the information below Is no: required by law, it may prove wi/crib/a to persons relying on The document and could prevent çmuduThnt removal andreanac/iment o[t/ns[onn to another docurnant,Description of Attached DocumentTitle or Type of Document: First Amendment to Jvtqstcr Declaration of CC&RsDocument Dale:Number oF Pages:Signer(s) Oilier Than Named Above:Reference: Canyon Crust Master IIOA

EXHIBIT "A"ORIGINALAll of the real property described generally as:That portion of the South Half (5½) of Section 4 and the North Half (N½) of Section 9, Township 13South, Range 71 East1 City of Mesquite, Clark County, Nevada, described as follows:Lots One (1) through Six(S) inclusive; Lot Twelve (12); Lots Fifteen (15) through Seventeen (17).inclusive; Lot Twenty-two (22); Lot Twenty-four (24); Lots Twenty-six (26) andTwenty-seven (27);and Lots Twenty-nine (29) through Thirty-five (35) inclusive of THE TUSCANS SUBDIVISION, asshown by map thereof on file in Book 123 of Plats, Page 35, in the Office of the County Recorder ofClark County, Nevada

EXHIBIT "B"DESCRIPTION OF ANNEXABLE AREA[ALL, OR ANY PORTIONS, FROM TIME TO TIME MAY, SLIT NEED NOTNECESSARILY BE ANNEXED BY DECLARANT TO THE PROJECT]All of the real property described generally as:(Village I Remainder):That portion of the South Half (S)'z) of Section 4 and the North Half (NYz) of Section 9,Township 13 South, Range 71 East, City of Mesquite, Clark County, Nevada, described asfollows:Lots Seven (7) through Eleven (11) inclusive1 Lots Thirteen (13) and Fourteen (14); LotsEighteen (18) through (21) inclusive; Lot Twenty-three (23); Lot Twenty-five (25);Lot Twenty-eight (28) and Common Element Lots B" and "Ca of THE TUSCANSSUBDIVISION, as shown by map thereof on file in Book 123 of Plats, Page 35, in the Officeof the County Recorder of Clark County, Nevada.(Village 2A):Lot Three (3) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August11, 2004in Book 20040811 as Document No, 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No..01028, Official Records.(Village 26):Lot Four (4) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August11, 2004in Book 20040811 as Document No., 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.(Village 3):Lot Ten (10) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August11, 2004in Book2004OSll as Document No. 03548, Official Records, andasamendedbythatcertainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No..01028, Official Records.(Village 4):Lot Nine (9) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11,2004in Book 20040811 as Document No. 03548, Official Records, and as amended by that certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No..01028, Official Records.

Lot Eight (8) of Map of Division into Large Parcels in File 4, Page 2001 Miscellaneous Maps,in the Office of the County Recorderof Clark County, Nevada, and recorded August11, 2004in Book 20040811 as Document No. 03546, Official Records and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.!(VillaneS):Lot Six (6) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August 11 • 2004 inBook 20040811 as Document No.. 03548 Official Records,(Village 7'):Lots One (1) through One Hundred Twelve (112) inclusive1 of ST. ANDREWS SUBDIVISION,as shown by map thereof on file in Book 122 of Plats, Page 97, in the Office of the CountyRecorder of Crark County, Nevada.(Villaee BA):That portion of SectionS, Township 13 South, Range 71 East, M.D,M., described as follows:Parcel One (1) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No.. 01645, Official Records..That portion of Section 5, Township 13 South, Range 71 East, M.D.M,, described as follows:Parcel Two (2) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records(Proposed Power Substation):That portion of Section 5, Township 13 South, Range 71 East, M.D.M,,described as follows:Parcel Three(S) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records.

(Proposed Church Site):That portion of Section 5, Township 13 South, Range 11 East, MflM., described as fodows:Lot Sixteen (16) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August Ii, 2004 in Book20040811 as Document No. 03548, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No.. 01028, OfficialRecords.(Proposed Pack Site):That portion of Section 5, Township 13 South, Range 71East, M..D.M., described as follows:Lot Fifteen (15) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of CLark County, Nevada, and recorded August 11, 2004 in Book20040811 as Document No 03646, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No. 01028, OfficialRecords..(Multi-Family I Commercial Site)That portion of SectionS, Township 13 South, Range 71 East,described as follows:Lot Six (6) of Map of Division into Large Parcels in File 3, Page 87 of Miscellaneous Maps, in theOffice of the C',ounty Recorder of Clark County, Nevada, and recorded May 7, 2003 in Book20030507 as Document No. 01428, Official Records,.

AN'4 001-04-812-001 through 027001-89-118-001 through OLD111111 liii II? lIlt 11111111 I 0111111111111 I Ill20051122—0000641Fee: $19.00t1IG Fee $000001.04-301-00311(22/2035 090214001-04-201-002 1001-04-301-805001-04-401-004Requester:001-04-4014102EQ'001-04-310-801 through 020001-04-210-001 through 092Frances Deane0015-7014107001-05-701-008Clark County Recorder Pgs: 6001-05-701-005001-05-701-009001-05-000-007001-04401-007WHEN RECORDED, RETURN TO:Canyon Crest, LLC7700 College Town Drive, Suite 215Sacramento, CA 95626916-379-0955This is being recordedat the request ofEquity Title of Nevadaas an accommodation onlywith no liability(Space Above Line for Recorder's Use Only)CANYON CREST COMMUNITY ASSOCIATIONANNEXATION AMENDMENT(a Nevada Residential Common-Interest Planned Community)CITY OF MESQUITE, CLARK COUNTY, NEVADAREFERENCE IS MADE to that certain Amended and Restated MASTER DECLARATION OFCOVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FORCANYON CREST (F/K/A CANYON CREST COMMUNITY ASSOCIATION) ("Declaration"), whichDeclaration was recorded on October 26, 2004, as Instrument Number 04974 Book 20041026,Official Records, Clark County, Nevada and that certain FIRST AMENDMENT to therecorded on September 27, 2005, as Instrument Number 04151 Book 20050927, Official Recbrds,Clark County, Nevada., Capitalized terms used herein and not otherwise defined herein are used withthe meanings given to them in the Declaration..In accordance with Section 2 of the Declaration, Declarant hereby annexes and adds to thereal property covered by the Declaration that real property described on Exhibit 'A" attached hereto,which exhibit is made a part hereof., In accordance with Section 2 of the Declaration, Exhibit 'B'attached hereto describes the remaining annexable property, which exhibit is made a part hereotUpon recordation of this Annexation Amendment, the above—referenced real property shallbecome, and shall thereafter be, subject to the provisions of the Declaration, including, withoutlimitation, the duly to pay Assessments.

________________________IN WITNESS WHEREOF, the undersigned Declarant has executed this AnnexationAmendment as of this day of November,DECLARANT:CANYON CREST, LLC,a California limited liability companyBy:Bfian C Vail, ManagerSTATE OF CaliforniaCOUNTY OF SacramentoOn November 1, 2005, before me, S. N. Smith, Notary Public, personallyappeared Brian C Vail, personally known to me.WITNESS my hand and official sealNOTARY PUBLIC(Seal)igrrature of notary public

EXHIBIT "A"Description of the Annexed Real PropertyAll of the real property described generally as:That portion of the South Half (5½) of Section 4 and the North Half (N½) of Section 9, Township 13South, Range 71 East, City of Mesquite, Clark County, Nevada, described as follows:Lots Seven (7) through Eleven (11) inclusive, Lots Thirteen (13) and Fourteen (14); Lots Eighteen(18) through Twenty-one (21) inclusive; Lot Twenty-three (23); Lot Twenty-five (25); Lot Twenty-eight(28) and Common Element Lots "Ba and 'C" of THE TUSCANS SUBDIVISION, as shown by mapthereof on file in Book 123 of Plats, Page 35, in the Office of the County Recorder of Clark County,Nevada!

(Village 2A):EXHIBIT "B"DESCRIPTION OF ANNEXABLE AREA[ALL, OR ANY PORTIONS, FROM TIME TO TIME MAY, BUT NEED NOTNECESSARILY BE ANNEXED BY DECLA RANT TO THE PROJECT]All of the real property described generally as:Lot Three (3) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004in Book 20040811 as Document No. 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records..(Village 2B):Lot Four (4) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11,2004in Book 20040811 as Document No. 03548, Official Records, and as amended by thatcertainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No..01028, Official Records..(Village 3):Lot Ten (10) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004in Book 20040811 as Document No. 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records..(Village 4):Lot Nine (9) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004in Book 20040811 as Document No. 03548, Official Records, and as amended by that certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No..01028, Official Records.

(Village 5):Lot Eight (8) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11,2004in Book 20040811 as Document No. 03548, Official Records, and as amended by that certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.(Village 6):Lot Six (6) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August11, 2004 inBook 20040811 as Document No. 03548, Official Records.Lots One (1) through One Hundred Twelve (112) inclusive, of ST. ANDREWS SUBDIVISION,as shown by map thereof on file in Book 122 of Plats, Page 97, in the Office of the CountyRecorder of Clark County, Nevada.(Village BA):That portion of SectionS, Township 13 South, Range 71 East,described as follows:Parcel One (1) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records.(Village 88):That portion of Section 5, Township 13 South, Range 71 East,described as follows:Parcel Two (2) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records..(Proposed Power Substation):That portion of SectionS, Township 13 South, Range 71 East,described as follows:Parcel Three (3) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6,2005 in Book 20050506 asDocument No. 01645, Official Records,

(Proposed Church Site):That portion of Section 5, Township 13 South, Range 71 East, MD..M., described as follows:Lot Sixteen (16) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County. Nevada, and recorded August 11, 2004 in Book20040811 as Document No. 03548, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No. 01028, OfficialRecords.(Proposed Park Site):That portion of SectionS, Township 13 South, Range 71 East, M,D.M,, described as follows:Lot Fifteen (15) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August 11• 2004 in Book20040811 as Document No. 03548, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No.. 01028, OfficialRecords.(Multi-Family I Commercial Site)That portion of SectionS, Township 13 South, Range 71 East, M.D.M., described as follows:Lot Six (6) of Map of Division into Large Parcels in File 3, Page 87 of Miscellaneous Maps, in theOffice of the County Recorder of Clark County, Nevada, and recorded May 7, 2003 in Book20030507 as Document No.. 01428, Official Records.

APN 001-04-812-001 through 027001-09-116-001 through 010001-04-801-006001-04-301-003001-04-201-002001-04-301-005001 -04-40 14304001-04-401-002001-04-310-001 through 020001-04-210-001 through 092001-05-701 -007001-05-701-006001-05401-005001-05-701001-05-000-007001-04-301-007WHEN RECORDED, RETURN TO:Canyon Crest, LLC7700 College Town Drive, Suite 215Sacramento, CA 9582691 6479-0955(Space Above Une for Recorder's Use Only)CANYON CREST COMMUNITY ASSOCIATIONANNEXATION AMENDMENT(a Nevada Residential Common-Interest Planned Community)CITY OF MESQUITE, CLARK COUNTY, NEVADAREFERENCE IS MADE to that certain Amended and Restated MASTER DECLARATION OFCOVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FORCANYON CREST (F/KIA CANYON CREST COMMUNITY ASSOCIATION) ("Declaration"), whichDeclaration was recorded on October 26, 2004, as Instrument Number 04974 Book 20041026,Official Records, Clark County, Nevada and that certain FIRST AMENDMENT to the Declarationrecorded on September 27, 2005, as Instrument Number 04151 Book 20050927, Official Records,Clark County, Nevada.. Capitalized terms used herein and not otherwise defined herein are used withthe meanings given to them in the Declaration.In accordance with Section 2 of the Declaration, Declarant hereby annexes and adds to thereal property covered by the Declaration that real property described on Exhibit 'A" attached hereto,which exhibit is made a part hereof, in accordance with Section 2 of the Declaration, Exhibit 'B'attached hereto describes the remaining annexable property, which exhibit is made a part hereof.Upon recordation of this Annexation Amendment, the above-referenced real property shallbecome, and shall thereafter be, subject to the provisions of the Declaration, including, withoutlimitation, the duty to pay Assessments.

IN WITNESS WHEREOF, the undersigned Declarant has executed this AnnexationAmendment as of this day of January, 2006.DECLARANT:CANYON CREST, LLC,a Califomia limitedC Vail, ManagerSTATE OF CaliforniaCOUNTY OF SacramentoOn2006, before me, S. N. Smith. Notary Public. personally appearedBrian C Vail, personally known to me,WITNESS my hand and official sealNOTARY PUBLIC(Seal)JComn,Lujon # 153Notonr Pubuc -Sacrnmenio County F- MyCOrnIn. Expfres Dec14, 2008)1

EXHIBIT "A"Description of the Annexed Real PropertyAll of the real property described generally as:Lois One (1) through Fifty Two (52) and Lots One Hundred Five (105) through One Hundred Twelve(112) inclusive, of ST.. ANDREWS SUBDIVISION, as shown by map thereof on tile in Book 122 ofFlats, Page 97, in the Office of the County Recorder of Clark County, Nevada.

(Village 2A):EXHIBIT "B"DESCRIPTION OF ANNEXABLE AREA[ALL, OR ANY PORTIONS, FROM TIME TO TIME MAY, BUT NEED NOTNECESSARILY BE ANNEXED BY DECLARANT TO THE PROJECT]All of the real property described generally as:Lot Three (3) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004in Book 20040811 as Document 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records..(Village 2B):Lot Four (4) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004in Book 20040811 as Document No. 03548, OffIcial Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.,(Village 3):Lot Ten (10) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August lit 2004in Book 20040811 as Document No, 03548, Official Records, and as amended by that certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.0 1028, Official Records.(Village 4):Lot Nine (9) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August11, 2004in Book 20040811 as Document No., 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No..01028, Official Records.

(Village 5):Lot Eight (8) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004in Book 20040811 as Document No. 03548, Official Records, and as amended by that certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.Lot Six (6) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004 inBook 20040811 as Document No,. 03548, Official Records.Lots Fifty Three (53) through One Hundred Four (104) inclusive, of ST. ANDREWSSUBDIVISION, as shown by map thereof on file in Book 122 of Plats, Page 97, in the Officeof the County Recorder of Clark County, Nevada.(Village BAliThat portion of Section 5, Township 13 South, Range 71 East,described as follows:Parcel One (1) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records.fljillage SB):That portion of SectionS, Township 13 South, Range 71 East, M.D M., described as follows:Parcel Two (2) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No.. 01645, Official Records.(Proposed Power Substation):That portion of Section 5, Township 13 South, Range 71 East,described as follows:Parcel Three (3) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records.

(Proposed Church Site):That portion of Section 5, Township 13 South1 Range 71 East, M DM., described as follows:Lot Sixteen (16) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004 in Book20040811 as Document No 03548, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No,. 01028, OfficialRecords.(Proposed Park Site):That portion of Section 5, Township 13 South, Range 71 East,described as follows:Lot Fifteen ('15) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004 in Book20040811 as Document No. 03548, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No. 01028, OfficialRecords.(Multi-Family! Commercial Sit&That portion of Section 5, Township 13 South, Range 71 East, M.D.M., described as follows:Lot Six (6) of Map of Division into Large Parcels in File 3, Page 87 of Miscellaneous Maps, in theOffice of the County Recorder of Clark County, Nevada, and recorded May 7, 2003 in Book20030507 as Document No. 01428, Official Records..

Reques tar:CRNYON CREST LLC1@/26/2@04 14:35:0412@@4@120455Book/Instr: 2@0410264004974Beolaratio Page Count: 8@Fees: $930@M/C Fee:Frances DeaneClark County RecorderMaster Declaration of Covenants,Conditions and Restrictions and Reservationof Easements forCanyon Crest CommunityAssociationWhen recorded mail to:Canyon Crest L.L,C.Attention: Brian C. Vail7700 College Town Di'ive, Suite 215Sacramento, CA 95826

APN: 001-04-301-001001-05-000-004001-05-000-007001-09-101-019MASTER DECLARATION OFCOVENANTS, CONDITIONS AN]) RESTRICTIONSANT) RESERVATION OF EASEMENTSFORCANYON CREST COMMUNiTY ASSOCIATIONDated: October 12, 2004When recorded mail to:Canyon Crest, LLCAttention: Brian Cl Vail7700 College Town Dii,; Suite 215Sacramento, CA 95826-7-

TABLE OF CONTENTSPage No.Definitions 21,1.. AnnexableArea 21.2.. Annexed Territozy 213. Animals 21.4. Annual Assessment 215., Applicant 31,6. Articles 31.7. Assessment 31.8. Association Property 31.9. Board 31.10.. Bylaws 31.11. Capital Improvement 31.. 12, Capital Improvement Assessment 31.13. City 31.. 14. Close of Escrow 31.15. CommonElements 31.16. C'ommonExpenses 41.. 17. C'ondominium 41.18. Condominium Project 41.19. Construction Activities 4120. County 41.21. Declerrant 41.22.. Decla'rantS'Periodof Control 51.23. Delegate 51.24. Design Review Committee 51.25, Design Review Committee Rules .,.....,. 51.26.. Eligible Mortgagee 51.27. Family 51.28. FHA 51.29. FHLIvIC 5

1.30. PYVMI1.31. FiscalYear51.32.. G.N]yL41.33.. Property.51.34. Golfscape 61.35.. Goven'iingDocuments 61,36. Guests 61.37. Improvement 61.38. Land Classifications 6139. Lot 61.40,. Maintenance Funds 61.41, Manager 61.42. Master Association 61,43 MasterAssociation Budget 61.44.. Maximum Number of Units .61.45. Member 71.46. Mortgage 71.47.. Mortgagee 71.48. Mortgagor71.49. Notice and Hearing 71.. 50. Notice ofAnnexation71.51. Notice of Default and Election to Sell 71.52.. Notice of Deletion 71.53.. Notice of DelinquentAssessment Lien 71.54.. Notice of Completion 71.55. Notice of Delinquent Assessment 71.56. NoticeofSale 71.. 57. Official Records1.58.. Owner81.59. Particzpating Builder 81.60, Person81.01. Phase of Development .,,.,,.,.,.,,,,,.,,.,.,,,,..,,, 81.62. PlannedDevelopment811

1.63. ProjectS1 64 Reconstruction Assessthent 81.65. Record, Recorded, Filed and Record.a'tion 81.66.. Residence 81.67. ResidentialArea 81.68. Restrictions 91.69. Rules and Regulations 91.70. SpecialAssessment 91.71. Subassociation 91.72.. SupplementalDeclaration 91.73. Unit 9L74. VA ,92. Development of the Project; Land Classification; Annexation 92.1. The Annexable Area - Subdivision and Development by Declarcint andPwtczpating Builders 92.2. LandClass?fication 102.3. Annexation ofAnnexable Area 102.4. Expansion of Annexable Area 122.5. Contraction of Annexable Area 122.6 Marimum Number of Units 123.. Association Property; Permitted Use and Restrictions 133.1. Easements of Enjoyment 133.2. Delegationof Use 153.3. Easements for Parking 153.4.. Easements Benefiting the Golf Course Property........................................ 153,5. Easements for Vehicular Traffic 1516. Easement Right of Declarant Incident to Construction 153.7. Waiver of Use 163.8. Title to the Association Properly 163.9. Taxes 164. Orgcrnizcztion; Membership; Delegate Districts 164.1. Organization 164.2.. The Board of Directors and Officers 17111

VotingRights,4.3. Membersl4p .174.4.4.5. Delegate Districts 205, Functions ofMaster Association 215.1. PowersandDuties 215.2, Rules and Regulations 246. Funds and Assessments 246,1.. Master Association Budget 246.2.. Personal Obligation ofAssessments 256.3. Maintenance Funds 256.4.. Purpose ofAssessments 266.5.. Damage to Association Property by Owners..,., .......... 266.6.. AnnualAssessments 266,7, Date oJ'Commencement ofAnnualAssessments 266.8. Capital Improvement Assessments 276.9. SpecialAssessments 276.. 10. Reconstruction Assessments 286.11. ExemptProperty 286.12,. Remedies of the MasterAssociation 286.13. Lien for Assessments and Other Amounts 296.14.. Exercise of Power of Sale in Enforcement of Lien ......,.,.,,,,,,...,.,,,,.,,,,,,,,,,,, 296.15. Alternative Lien Enforcement Procedures 316.. 16. Rights to Receive Notice of Default andElection to Sell and Notice ofSale 316.17.. Estoppel Certificate 326.18.. Liability of Owners and Purchasers 326.19. Capital Contributions to the MasterAssociation 326.20 Construction Penalties 327.. Mortgagee Protection 337. 1. Subordination ofAssessments to First Mortgages 337.2, Protection of First Mortgages 338. Residence and Use Restrictions 338.1. Insurance Rates 34iv

8.2.. No Further Subdivision 34Si.. Signs 348.4. Animals 348.5, .t'Tuiscznces 358.. 6, Exterior Maintenance and Repair; Owner 's Obligations 3583. Drainage 358.8, Water and Sewer Systems 368.9.. NoHazardousActivities 368.10. UnsightlyArticles 368.11. NoTemporcvyStructures 368.12. ItloMiningandDhlling 368,. 13. Single-Family Use 368.14. Improvements 378.15. Landscaping 37S.. 16. Parking and Vehicular Restrictions 388.17. Antennas; Satellite Dishes 389. Architectural cxndLandsccrping Control 389.1. Members of Design Review Committee 389.2.. Rights of Appointment 399.3. Submission of Plans and Spec ffications 399.4. Review of Plans and SpecUlcations 409.5. Meetings of the Design Review Committee 419.6.. No Waiver of Future Approvals 429,7.. Compensation of Members 429.8.. Correction of Defects 429.9. Scope of Review 439.10. Appeal 439.11. Variances 439,12. Certain Exceptions 449.13. Non-Liability for Approval of Plans 449.14. Declarant Exemption 4410. Damage, Destruction or Condemnation of Association Property 4410.1.. Damages byMeniber 44V

10.2 Repair of 4510.3.. Condemnation 4510.4.. Noflee to Owners and ListedMortgagees 4511. Interest and Exemption ofDeclarant 4511.1. Interest of Declarant 4511.2.. Exemption of Declarant.4611.3. Developmental Rights of Declarant; Special Declathnt 's Rights 4712, Insurance 4812. 1.. Dilly to Obtain Insurance; Types 4812,2. Waiver of ClaimsAgainst Master Association 4812.3. Notice of Expiration Requirements 49124 Insurance Premiums 4912,5. Trustee for Policies 4912.6. ActionsasTrustee 5012.7. Annuallnsurance Review 5012.8.. Indemn4flcation so13,. Miscellaneous 5113.1. Term 5113.2. Amendments 5113.3. Mortgagee Protection 5313.4.. Notices 5613.5.. Enforcement and Nonwaiver 5613.6. Interpretation 5713.7, No Public Right of Dedication 5713.8.. Constructive Notice andAcceptance 5713.9... No Representations or Warranties 5813.. 10. Priorities and Inconsistencies 5813.11. VA/FHA Approval 5813.12. Waiver of Liabilityfor Errant GolfBalls 5813.13. No Pightto Use Golf Course 59vi

MASTER DECLARATION OF COVENANTS, CONDITIONS ANDRESTRICTIONS AND RESERVATION OF EASEMENTSFOR CANYON CREST COMMUNiTY ASSOCIATIONThis Masthr Declaration of Covenants, Conditions and Restrictions and Reservation ofEasements (this "Master Declaration") is executed by Canyon Crest Limited-Liabilitya California limited liability company ("Declarant")PRELIMINARY STATEMENTSA. Declarant is the Owner of certain real property in the City of Mesquite, County ofClark, State of Nevada, more particularly described in Exhibit "A" attached hereto (the"Prop erty").B. it is the desire and intention of Declarant to create a "common-interestcommunity," as defined in Section 116M21 of the Nevada Revise4 Statutes ("lYRE'), and toimpose mutually beneficial restrictions under a general plan of improvement for the benefit of allthe properly in the common-interest community created pursuant to the provisions of theUniform Common-Interest Ownership Act set forth in Sections 116M01, et seq., of the NRS, asmay be amended from time to time..C. Declarant has deemed it desirable, for the efficient preservation of the values andamenities in the Property and any additional property which may be annexed thereto pursuant tothe provisions of this Master Declaration, to create a corporation under the laws of the State ofNevada which shall be delegated the duties and assigned the powers of: (i) owning, maintainingand administering the Association Property for the private use of its Members and authorizedguests; (ii) administering and enforcing the Restrictions; (iii) collecting and disbursing theassessments and charges hereinafter created; and (iv) any and all other acts as may be authorizedby law.D.. Declarant will cause or has caused such corporation, the Members of which shallbe the respective Owners of Lots or Condominiums in the Property and the Owners of Lots orCondominiums in any additional land annexed to the pursuant to the provisions of thisMaster Declaration, to be formed for the purpose of exercising such powers and functionsE.. Declarant intends to establish a balanced community and to develop and conveyall of the Project pursuant to a general plan for the maintenance, care, use and management ofthe Project and subject to certain protective covenants, conditions, restrictions, reservations,easements, equitable servitudes, liens and charges, all running with the Project, as hereinafter setforth.F.. This Master Declaration, and any Supplemental Declaration, is designed to createequitable servitudes and covenants appurtenant to and running with all of the Project and theGolf Course Property. Declarant or any Participating Builder may execute, acknowledge andrecord an Supplemental Declaration affecting a Phase of Development, or any portion thereof, solong as Declarant or such Participating Builder owns all of the real property to be affected by1

such Supplemental Declaration. Such Supplemental Declaration may impose farther conditions,covenants and restrictions for the operation, protection and maintenance of the Phase ofDevelopment, taking into account the unique aspects of condern to Owners of Lots orCondominiums in such Phase of Development. Such Supplemental Declaration shall provide fora Subassociation of Owners, with rights and powers reasonably necessary to control theoperation and maintenance of the Subassociation.G. If developed as planned, the Project will ultimatejy contain only single-Familyattached and detached residential dwelling units.. Recreational facilities, if any, will be disbursedthroughout the Project. The Golf Course Property will be under separate ownership and,accordingly, will not be owned by the Master Association and the Owners in the Project and willnot be responsible for its operation or maintenance or have the right to said Golf CourseProperty..NOW, THEREFORE, Declarant hereby declares that the entire Project is to be held,conveyed, hypothecated, encumbered, leased, rented, used, and improved subject to the- limitations, restrictions, reservations, rights, easemenis, conditions and covenants contained inthis Master Declaration, all of which are declared ahd agreed to be in uiirtherance of a plan forthe protection, maintenance, improvement and sale of the Project for the purpose of enhancingthe value, desirability and attractiveness of the Project. All provisions of this MasterDeclaration, including, without limitation, the easements, uses, obligations, covenants,conditions and restrictions hereof; are hereby imposed as equitable servitudes upon the Project.All of the limitations, restrictions, reservations, rights, easements, conditions and covenantsherein shall mn with and burden the Project and shall be binding on and for the benefit of theentire Project and all Persons having or acquiring any right, title or interest in the Project, or anypart thereof; and their successive owners and assigns.. Certain limitations, restrictions,reservations, rights, easements, conditions and covenants shall be binding on and for the benefitof the Golf Course Property and their successive own&s and assigns. The development plan ofthe Project shall be consistent with the overall development plan, if any, submitted to the VA and1. Definitions..i__I.. "Annexable Area" shall mean the real property described in Exhibit "B,"as well as any property adjacent thereto (provided such property meets the requirements of NRS116.2122), all or any portion of which property may from time to time be made subject to thisMaster Declaration pursuant to the provisions of Section 2 of this Master DeclarationL2.. "Annexed Territory" shall have the meaning set forth in Section 2,3(a) ofthis Master Declaration..Declaration..13, "Animal?' shall have the meaning set forth in Section 8.4 of this Master1.4. "Annual Assessment' shall mean the annual charge levied against eachOwner and its Lot or Condominium representing a portion of the total, normal costs ofmaintaining, improving, repairing, replacing, managing and operating the Association Property2

and any Improvements thereon, which are to be paid by each Owner to the Master Association,as provided hereim The Annual Assessment may be collected monthly or on such other period orbasis as determined by the Board and shall include thnds for capital reserve and replacementrequirements of the Master Association.L5. "Applicant' shall have the meaning set forthin the second paragraph ofSection 9.4 of this Master Declaration.1,6.. "Article?' shall mean the Articles of Incorporation of the MasterAssociation as filed or to be filed in the office of the Secretary of State of the State of Nevada, assuch Articles may be amended from time to time..1,7. "Assessment' shall have the meaning set forth in Section 6.2 of thisMaster Declaration..1,8. "Association Property" shall mean all the real and personalincluding Improvements, as defined in Section 1,37 which are owned in fee simple at anytime by the Master Association, or over which the Master Association has an easement or licensefor the use, care or maintenance thereoQ and is held for the common benefit, use and enjoymentof all of the Members, as further provided in Section 3 of this Master Declaration,1.9. "Board" shall mean the Board of Directors of the Master Association,elected or appointed in accordance with the Articles and Bylaws of the Master Association andthis Master Declaration.1.. 10.. "Bylaws" shall mean the Bylaws of the Master Association, which havebeen or 'will be adopted by the Board, as such Bylaws may be amended fi'om time to time.1.11. "Capital Improvement' shall mean the construction, installation, repair orreplacement of Improvements on the Association Property which cannot normally be expected tooccur on an annual or more frequent basis.L12.. "Capital Improvement Assessment' shall mean a specified charge or levyagainst each Owner and its Lot or Condominium, representing a portion of the costs to theMaster Association for' installation or construction of any Improvements on any portion of theAssociation Property which the Master Association may, from time to time, specificallyauthorize, pursuant to the provisions of this Master Declaration..1. 13. "City" shall mean the City of Mesquite, Nevada.1.14.. "Close of Escrow" shall mean the date on which a deed or other suchinstrument conveying a Lot or' Condominium in the Project is Recorded, with the exception ofdeeds between Declarant and Participating Builders or deeds between Participating Builders.1,15.. "Common Element? shall mean any portion of the Project designated inan Supplemental Declaration for the primary benefit or maintenance by, the Owners of Lotswithin a particular Planned Developthent pr the Owners of Condominiums within aCondominium Project to be owned: (a) in common by such Owners (within a Condominium3

Project); (b) by aSubassociation in which all such Owners shall be entitled to membership; or (c)separately by individual Owners (within a Planned Development over which a Subassociationmay have an easement for maintenance purposes).116,. "Common Expenses," as defined in NRS 11611032, as may be amendedfrom time to time, shall mean expenditures made by, or financial liabilities of; the MasterAssociation, together with allocations to reserves The Common Expenses shall include, but notbe limited to, the actual and estimated costs of maintenance, management, operation, repair andreplacement of the Association Property (including unpaid Special Assessments, ReconstructionAssessments and Capital Improvement Assessments), including those costs! not paid by theOwner responsible for payment; costs of management and administration of the MasterAssociation, including, but not limited to, compensation paid by the Master Association tomanagers, accountants, attorneys and other employees; the costs of all utilities, gardening andother services benefiting the Association Property; the costs of fire, casualty and liabilityinsurance, worker's compensation insurance, and other insurance covering the AssociationProperty; the costs of bonding the members of the management body; taxes paid by the MasterAssociation; amounts paid by the Master Association for discharge of any lien or encumbrancelevied against the Association Property or portions thereof; including, without limitation, realproperty taxes, if any, levied against the Association Property; all prudent reserves; and the costsof any other item or items designated by the Master Association for any reason whatsoever inconnection with the Association Propert% for the benefit of the Owners.1.17. "Condominium" shall mean "condominium," as defined in Section116!. 110325 of the NRS, as may be amended from time to time, or any similar Nevada statutehereinafter enacted, and shall include a common-interest community, or any portion thereof; inwhich portions of the real estate are designated for separate ownership and the remainder of thereal estate is designated for common ownership solely by the owners of those portions, includinga Condominium owned in fee simple, a Condominium estate for years or a Condominiumcomprising a combination of fee simple and long-term leasehold characteristics!. ACondominium may be an attached or detached product!1.18, "Condominium Project' shall mean a project consistent with the definitionset forth in Section 116110325 of the NRS, as may be amended from time to time, or any similarNevada statute hereinafter enacted, and all property designated in an Supplemental Declarationfor such project as additional Phases of Development in the event such Condominium Project isdeveloped in phased increments.1.19.. "Construction Activitief shall have the meaning set forth in Section 9.3 ofthis Master Declaration.1.20. "County" shall mean the County of Clark in the State of Nevada.1.21. "Declarant' shall mean Canyon Crest Limited-Liability Company, aCalifornia limited liability company, its successors, and any Participating Builder or other Personto which it shall have assigned any rights hereunder by an express written assignment.. Any suchassignment may include only specific rights of the Declarant hereunder and may be subject tosuch conditions and limitations as Canyon Crest Limited-Liability Company may impose in its4

sole and absolute discretion. In addition, any Mortgagee and its successors and assigns (otherthan a member of the borne-buying public) which acquires title to any portion of the Projectowned by Canyon Crest Limited-Liability Company by virtue of the foreclosure of a deed oftrust or deed-in-lieu of foreclosure shall succeed to all of the rights of the Declarant hereunderwith respect to the property acquired..1.22.. "Declarants Period of Control" shall mean that period of time set forth inSection 44(b) of this Master Declaration during which the Declarant has the right to appoint andremove officers of the Master Association or members of the Board, whether or not the Declarantexercises such right.. -113. "Delegate" shall mean a natural person selected by each Delegate Districtto represent all of the Members within a Delegate District and to vote on their behalg as flirtherprovided in this Master Declaration and in the Bylaws.. All provisions of this Master Declarationand the Bylaws pertaining to the election, removal, qualification or action of Delegates shall beequally applicable to all alternate Delegates, if any, elected by each Delegate District.1.24. "Design Review Committee" shall mean the Architectural and LandscapingCommittee created pursuant to Section 9 of this Master Declaration..1.25. "Design Review Committee Rule? shall mean the rules and gnidelines, ifany, adopted by the Design Review Committee pursuant to Section 9 of this Master Declaration.1.26. "Eligible Mortgagee" shall mean a First Mortgagee which has requestednotices from the Master Association with respect to those matters of which it is entitled to noticepursuant to the provisions of this MastS Declaration or the Articles and Bylaws of the MasterAssociation.1,27.. "Family" shall mean (a) a group of natural Persons related to each otherby blood or legally related to each other by marriage or adoption, or (b) a group of naturalPersons not all so related who maintain a common household in a Condominium or a Residenceon a Lot118., "FlEA" shall mean the Federal Housing Administration.1.29. "FIIILJk[C' shall mean the Federal Home Loan Mortgage Corporation.1.30., "FAMA" shall mean the Federal National Mortgage Association.I .31. "Fiscal Year" shall mean the fiscal accounting and reporting period of theMaster Association selected by the Board from time to time,1.32.. shall mean the Government National Mortgage Association.,1.33. "Golf Course Property" shall mean the real property and Improvementsoperated or to be operated as a golf course, clubhouse and related facilities, which real propertyis more particularly described on the attached Exhibit "C." The Golf Course Property may besold and the Declarant makes üo representation or warranty that it will be built. However; if it is5

uilt, then the Golf Course Property will be under separate ownership and, accordingly, neitherthe Master Association nor the Owners in the Project will he responsible for its operation ormaintenance, or have the right to use said Golf Course Property.1.34,. "Golfscape" shall mean the five (5) foot portion of the perimeter of theGolf Course Property abutting the Association Property, Common Elements or an Owner's Lotor Condominium,1.35.. "Governing Docwnent?' shall mean this Master Declaration, the Bylaws,the Articles, the Rules and Regulations, and other documents that govern the operation of theMaster Association, as may be amended from time to time1.36. "Guest.?' shall mean any employee, tenant, visitor (whether or not forhire), license, agent or invitee of an Owner, including any transient visitor.1,37. "Improvement' shall mean all structures and appurtenances thereto ofevery type and kind, above, below or on the ground, including, but limited to, buildings,outbuildings, walkways, horse trails, tenths courts, sprinkler pipes, garages, swimming pools,Jacuzzi spas and other recreational facilities, carports, roads, driveways, parking areas, fences,screening walls, retaining wails, stairs, decks, landscaping, hedges, windbreaks; plantings,planted trees and shrubs, poles, signs, exterior air conditioning, and water softener fixtures orequipment.1.38. "Land Classification?' shall include (a) Residential Area; and (b)Association Property139.. "Lot' shall mean any legal subdivision, lot or parcel of land shown uponany Recorded subdivision map, parcel map or plat of the Project, together with theImprovements, if any, thereon, but excepting any Common Elements, the Association Propertyand any Condominiums in a Condominium Project.1 AG, 'Maintenance Funds" shall mean the accounts created for receipts anddisbursements of the Master Association pursuant to Section 6.2 of this Master Declaration,1,41, "Manager" shall mean the Person, flim or agent, whether an employee orindependent contractor; employed by the Master Association pursuant to the Bylaws, anddelegated the duties, powers or fimctions of the Master Association as limited by theRestrictions.1.42. "Master Association" shall mean the CANYON CRESt a Nevadanonprofit corporation, its successors and assigns, composed of the Owners described below.1.43. "Master Association Budget' shall mean a written, itemized estimate ofthe income and Common Expenses as further defined in Section 6,1 of this Master Declaration.144.. "Maximum Number of Units" shall have the meaning forth in Section2.6 of this Declaration..6

1.45.. "Member" shall mean every Person holding a membership in the MasterAssociation, pursuant to Section 4.3 of this Master Declaration.1.46. "Mortgage" shall mean any mortgage or deed of trust or other conveyanceof a Lot or Condominium within a Residential Arôa or other portion of the Project to theperformance of an obligation, or the payment of a debt, which conveyance will be reconveyedupon the completion of such performance.. The term "Deed of Trust' or "Trust Deed" when usedshall be synonymous with the term 'Mortgage.." For purposes of this Master Declaration and theBj'laws, "First Mortgage" shall mean a Mortgage with first priority over other Mortgages orDeeds of Trust on a Lot or Condominium in the Project, and "First Mortjcigee" shall mean theholder of a First Mortgage.1,47.. "Mortgagee" shall mean a person or entity to whom a Mortgage is madeand shall include the beneficiary of a Deed of Trust and the assignees of such Mortgage orbeneficiary,.'Mortgagor" shall mean a Person who mortgages his or its property toL48..another (i.e., the maker of a Mortgage) and shall include the trustor of a Deed of Trust. The term"Trugtor" shall be synonymous with the term "Mortgagor;"1.1 "Notice and Hearing" shall mean written notice and a hearing before theBoard or the Design Review Committee, as applicable, at which the Owner concerned shall havean opportunity to be heard in person, or by counsel at the Owner's expense, in the manner flirtherprovided in the Bylaws, the Rules and Regulations, and this Master Declaration, and in the caseof the imposition of a fine in the manner provided in NRS 116.31031,1.,2."Notice of Annexation" shall have the meaning set forth in Section 2.3(a) ofthis Master Declaration,1.3 "Notice of Default and Election to Self' shall have the meaning set forth inSection 6. 15 of this Master Declaration.I ,.4,"Notice of Deletion" shall mean a recorded document specifying that aspecific portion of the Project shall be de-annexed or removed from the Project and shall nolonger be subject to the Master Declaration..1 ..5. "Notice of Delinquent Assessment Lien" shall have the meaning set forth inSection 6.. 15 of this Master Declaration..1..6."Notice of Completion" shall have the meaning set forth in the third paragraphof Section 9.4 of this Master DeclarationI ..7.."Notice of Delinquent Assessment' shall have the meaning set forth in Section6.. 14 of this Master Declaration..1,8,"Notice of Sale" shall have the meaning set forth in SectiOn 6.14 of thisMaster Declaration,7

1 ..9."Official Records" shall mean the Official Records of the County Recorder'sOffice of Clark County Nevada1.19, "Owner" shall mean the Person or Persons, including Declarant andParticipating Builders, holding a fee simple interest to a Lot or Coñdominiuni in a ResidentialArea, which is part of the Project, excluding those Persons holding title as security for theperformance of an obligation other than sellers under executory contracts of sale,1.11 "Pwtczpafing Builder" shall mean a Person who has acquired title to aLot or Condominium in a Residential Area or other portion of the Project, the purpose ofconstructing, building or improving such portion of the Project for either resale, lease or rent tothe general public; provided, howevei that the term Participating Builder shall not mean or refer'to Declarant or its successors,1.12. "Person" shall mean a natural individual, a corporation or any other entitywith the legal right to hold title to real property1.13, "Phase of Development' shall mean (a) all the Property, unless anamendment to this Master Declaration dividing the Property into more than one (1) Phase ofDevelopment is Recorded pursuant to Section 13.2 of this Master Declaration, and (b) all the realproperty designated as a Phase of Development in a Notice of Annexation (including allamendments thereto) Recorded pursuant to Section 2 of this Master Declaration, unlessotherwise specified in such Notice of Annexation,1,14. "Planned Development' shall mean an area of the Project (other than aCondominium Project) developed as an integrated increment of the Project, whether or not theincrement is developed in phases. For purposes of this Master Declaration, each PlannedDevelopment shall be a "planned community" as defined in Section 116.11036 of the NRS..1.15. "Project' shall mean the Property, together with such portions of theAnnexable Area which are annexed to the Property, subject to this Master Declaration, pursuantto Section 2 of this Master Declaration.1.16. "Reconstruct ion 44ssesstnenf' shall mean a charge against each Owner andits Lot or Condominium representing, in whole or in part, the cost to the Master Association forreconstruction, repair or replacement ofany Improvements on the Association Property pursuantto the provisions of this Master Declaration,1.17. "Recorc4" "Filed" and 'Recordation" shall mean, withrespect to any document, the recordation or filing of such document in the Official Records.,1.18. 'Residence" shall mean a dwelling on a Lot or a Condominium in aResidential Area, intended for use and occupancy by a single-Family.1.19. "Residential Area" shall mean all of the real property within the Projectwhich is land use or zone classified by the City of Mesquite for residential us; and includes Lotsor Condominiums intended for use and occupied by a single-Family8

1.20 "Restrictions" shall mean this Master Declaration, the Articles, theBylaws, and the Rules and Regulations of the Master Association and any SupplementalDeclaration with respect to the property covered by such Supplemental Declaration, unlessotherwise provided therein from time to time, in effect.1.21. "Rules and Regulations" shall mean the Rules and Regulations of theMaster Association adopted by the Board pursuant to Section 5.2 of this Master Declaration, asthey may be amended and supplemented from time to time.1,22. "Special Assessment" shall mean a charge against a particular Owner andits Lot or Condominium levied by the Board after Notice and Hearing, which is directlyattributable to, or reimbursable by, that Owner, equal to the cost incurred by the MasterAssociation for corrective action performed pursuant to the provisions of this MasterDeclaration, or a reasonable charge, fine or penalty assessed by the Board for noncompliancewith the Restrictions, plus interest and other charges on such Special Assessments as providedfor herein, subject however, to the provisions of NRS 116,31031 and other provisions ofapplicable law..1.23. "Subassocicition" shall mean any Nevada corporation or unincorporatedassociation, or its successor in interest, organized and established or authorized pursuant to or inconnection with a Subassociation Declaration, which is also an Supplemental Declaration, and ofwhich the membership is composed of owners of Lots or Condominiums in Residential Areas.1.24. "Supplemental Declaration" shall mean any declaration of covenants,conditions, restrictions and easements, or similar documents, supplemeating this MasterDeclaration which may be Recorded pursuant to Section 2 of this Master Declaration, or anydeclaration of covenants, conditions, restrictions and easements, or similar document, whichshall solely affect a Condominium Project or Planned Development or any other portion of theProject125. "Unit" shall mean each Lot and Condominium to be separately owned byeach Owner. The boundaries of such Unit shall be the property lines of such lot orCondominium as shown on the subdivision map which creates it.1.26. "VA" shall mean the United States Department of Veteran.s Affairs.2. Development of the Project; Land cation; Annexation..2A The Annexable Area - SubdMsion and Development by Decla'rant andParticipating Builders. Declarant intends that the. Project be developed for residential uses, aswell as miscellaneous recreational uses, consistent with this Master Declaration, As eachPlanned Development or Condominium Project is developed within the Projects Declarant or aParticipating Builder may, with respect thereto, record one or more Supplemental Declarationsivhich will incorporate this Master Declaration therein by reference, which shall designate theuse classifications within the areas affected and which may supplement the Master Declarationwith such additional covenants, conditions, restrictions and land as Doclarant or aPaiticipating Builder may deem appropriate for that particular PhSe of Development. Theprovisions of any Supplemental Declaration may impose such fUrther or more restrictive9

conditions, covenants, restrictions, land uses and limitations as Declarant or a ParticipatingBuilder may deem advisable, taking into account the particular requirements of each Phase ofDevelopment. This Master Declatation shall control in the event of any conflict between anySupplemental Declaration and the provisions of this Master Declaration, although suóhdocuments shall be construed to be consistent with one another to the extent possible, Theinclusion in an Supplemental Declaration of conditions, covenants, land uses and limitationswhich are rnpre restrictive or more inclusive than the restrictions contained in this MasterDeclaration shall not be deemed to constitute a conflict with the p±ovisiohs of this MasterDeclaration.. As each Phase of Development is annexed to the Project, control over thecompleted Association Property if any, therein shall be transferred tO the Master Association. ADeclaration for such Phase of Development must provide for the establishment ofa Subassociation, pursuant to Chapter 116 of the NRS, to be comprised of Owners of Lots orCondominiums within the Planned Development or Condominium Project subject thereto.2.2 Land All of the Property is hereby classified as follows:(a) Residential Area Declarant hereby declares that those portions of theProperty except for the area described in Section 2.2(b) below, is hereby classified asResidential Area.(b) Association Unless expressly indicated other*ise, Declaranthereby declares that those portions of the Property not described as Condominiums, Lots,Units or as Common Elements in a Supplemental Declaration shall be AssociationProperty.2,3 Annexation of Annexable Area.(a) Annexation., Declarant and its successors or assigns, subject to Section2.3(b) below, may, but shall not be required to, at any time or from time to time, add tothe Project covered by this Master Declaration, all or any portion of the Annexable Areathen owned by Declarant or such Participating Builders by Recording a Notice ofAnnexation of Territory ("Notice of Annexation") with respect to the real property to beannexed ("Annexed Territory"), Declarant and its successors or assigns make noassurances regarding the order in which any real property, including any Phase ofDevelopment, Condominium Project or Planned Development will be added to theProject or whether' such real property including any Phase or Development,Condominium Project or Planned Community will be added to the Project at all. If theNotice of Annexation for a proposed annexation under this Section 2.3 is notwithin twenty (20) years of Recordation of tbTh Master Declaration, then such annexationshall further require the vote or written consent of Members or Delegates representing atleast sixty-seven percent (67%) of the voting power of the Master Association,Upon the Recordipg of a Notice of Annexation covering any portion of theAnnexable Area and containing the provisions set forth herein, 'which Notice ofAnnexation may be contained within the Supplemental Declaration affecting any suchAnnexed the covenants, conditions and restrictions dontained in MasterDeclaration shall apply to the Annexed Territory in the same manner as if it were10

originally covered by this Master Declaration and originally constituted a portion of theProperty, and thereafter the rights, privileges, duties and liabilities of the parties to thisMaster Declaration with respect to the Annexed Territory shall be the same as withrespect to the and the rights, obligations, privileges, duties and liabilities of theOwners and occupants of Lots and Condominiums within the Annexed Territory shall bethe same as in the case of the Lots and Condominiums contained in the Property..(b) Notice of Annexation. The Notice of Annexation referred to in Section2.3(a) above shall contain at least the following provisions:(i)(ii)(iii)(iv)(v)(vi)The written and acknowledged consent of Declarant, for solong as Declarant shall own any property in the AnnexableArea;A reference to this Master Declaration, which referenceshall state the date, county book and page of itsRecordation, any instrument number or other relevantRecording information;A statement that the provisions of this Master Declarationshall apply to the Annexed Territory as set forth therein;An exact description of the Annexed Territory;A description of the Association Property if any, located inthe Annexed Territory; andThe Land Classifications of the Annexed Territory..A Notice of Annexation may cover one or more Phases of Development,as designated in such Notice of Annexation. A Notice of Annexation may specify adesignated number of "assessment units" which shall be charged to the Phase ofDevelopment or any portion thereof a Phase of Development charged with fifty (50)assessment units contemplates the construction of fifty (50) Lots. in a PlannedDevelopment or one hundred (100) Condominiums in a Condominium Project). If thenumber of Lots or Condominiums constructed in the Annexed or any Phase ofDevelopment therein, is less than the designated number of assessment units, the amountof any Capital Improvement Assessments, Annual Assessments or ReconstructionAssessments which would have been levied against the unconstructed Lots orCondominiums shall be reallocated equally among the Lots or Condominiums actuallyconstructed in the Phase of Development For so long as Declarant and its successors andassigns have the right to add the Aánexable Area to the Project, without the approval ofMembers or Delegates representing at least sixty-seven percent (67%) of the vOtingpower of the Master Association, each Notice of Annexation relative to real propertyowned by a Participating Builder shall be signed by both Declarant and such PatticipatingBuilder. From and after the date on which any annexation of Annexable Area requires theapproval of Members or Delegates as set forth in Section 2..3(a) above, each Notice ofAnnexation must also be signed by at two (2) officers of the Master AEsociation,11

obtained.that the vote of the requisite percentage of Members or Delegates has beenAs a condition precedent to any annexation of the Annexable Area, VA4nd/or ERA, as applicable, shall be advised of any such annexation, shall determine thatthe annexation is in accordance with the development plan submitted to and approved byVA and/or EllA, and shall so advise Declarant or the Participating Builder; provided,however; that such written approval shall not be a condition precedent if the EllA or theVA ceases to issue such written approvals..(c) Deannexa don. Declarant may delete all or a portion of a Phase ofDevelopment from coverage of this Master Declaration and the jurisdiction of the MasterAssociation or amend a Notice of Annexation covering said Phase of Development solong as Declarant is the Owner of all of such Phase of Development, and provided that (i)a Notice of Deletion or amendment to the Notice of Annexation, as applicable, isRecorded in the same manner as the applicable Notice of Annexation was Reôorded, (ii)no Master Association vote has been exercised with respect to any portion of said Phaseof Development, (iii) assessments have not yet commenced with respect to any portion ofsuch Phase of Development, (iv) there has been no Close of Escrow for the sale of anyLot or Condominium in such Phase of Development, (v) the Master Association has notmade any expenditures or incurred any obligations with respect to any portion of suchPhase of Development, and (vi) the VA and/or the ERA, as applicable, has approved suchdeannexation or amendment; providecL however; that such written approval shall not be acondition precedent if the EllA or the VA ceases to issue such written approvals,2..4Rtpwision of Annexable Area. In addition to the provisions for annexationspecified in Section 2.3 above and any other development right reserved by Declarant herein,additional real property, not as yet identified, may be annexed to the Project as specified in NRS116.2122 and brought within the general plan and scheme of this Master Declaration by theDeclarant,, Such property may be annexed to the Annexable Area upOn the Recordation of awritten instrument describing such real executed by Declarant, and containing thereonthe approval of the FIIA and the VAprovide4 however; that such written approval shall not be acondition precedent if the FHA or the VA cease to issue such written approvais.2.. 5 of Annexable Area. So long as real property is not AnnexedTenitor) as defined in Section 2.3(a) above, and subject to this Master Declaration, theAnnex ble Area may be contracted to delete such real property effective Ujon the Recordation ofa written instrument describing such real property executed by Declarant and all other owners ofsuch real property and declaring that such real property shall thereafter be deleted flom theAnnexable Area. Such real property may be deleted from the Annexable Area without a vote ofthe Master Association or the approval or consent of any other Person, except as provided hereia,2,. 6.Maximwn Number of Units. Declarant reserves the right to create a maximumnumber of 1,043 Units within the Project..12

3. Association Property; Permitted Use and Restrictions.3.1 Easements of Enjoyment. Declarant expressly reserves for the benefit of allproperty within the Project, reciprocal easements for: (i) access, ingress and egress for allOwners to and from their respective Lots and Condominiums; (ii) access, ingress and egress forall Owners to and from their respective Lots and Condominiums over private roads in the Projectuntil such time as the roads are dedicated to the City for public use; (iii) installation and repair ofutility services; (iv) encroachments of Improvements constructed by Declarant and ParticipatingBuilders or authorized by the Design Review Committee over the Association Property; (v)drainage of water over, across and upon adjacent Lots, Common Elements rand the AssociationProperty resulting from the normal use of adjoining Lots, Condominiums, Common Elements orAssociation Property; and (vi) necessary maintenance and repair of anySucheasements may be used by Declarant, its or assigns, purchasers, the MasterAssociation, and all Owners, their Family and Guests residing on or temporarily visiting theProject, for pedestrian walkways, vehicular access and such other purposes reasonably necessaryfor the use and enjoyment of a Lot or Condothiniuth, Common Elements or the AssociationProperty. The above-described easements shall be appurtenant to and shall pass with title toevery Lot and Condominium, subject to the following:(a) The right of Declarant to designate additional Association Propertypursuant to the terms of Section 2 of this Master Declaration.(b) The right of the Board to establish uniform Rules and Regulationspertaining to the use of the Association Property, including, but not limited to, areasonable limit on the number of Guests of Owners using the Association Property andany facilities thereon.(c) The right of the Board in accordance with the Articles, Bylaws and thisMaster Declaration, and with the vote of Delegates representing at least sixty-sevenpercent (67%) of the voting power of the Master Association, to borrow money for thepurpose of improving the Association Property and facilities thereon, and, subject to theprovisions of Section 13.3 of this Master Declaration, to mortgage, pledge, deed in trust,or hypothecate any or all of its real or personal property as security for money borrowedor debts incurred(d) The right of the Board to suspend the voting rights and other rights andprivileges of any Member; and the Persons deriving such rights and privileges from anyMember, to Use the Association Property and any facilities thereon for any period duringwhich any assessment against such Member's Lot or Condominium remains unpaid anddelinquent, and for a period not to exceed thirty (30) days for any noncontinuinginfraction of the published Rules and Regulations of the MasterAssociation as more fhllyprovided in the Bylaws.. Any suspension of voting rights or right to use any AssociationProperty facilities shall be made only by the Board, after Notice and Hearing, as providedin the Bylaws.(e) Subject to the provisions of Section 133 of this Master Declaration,the right of the Board to dedicate, release, alienate or transfer all or any portion of the13

Association Property to any public agency, authority, utility or other Person for suchpurposes and subject to such easements, licenses, or rights-of-way in, on or over theAssociation Property for purposes not inconsistent with the use of such property pursuantto this Master Declaration.(f) The right of Declarant and any Participating Builders, with the consentof Declarant, to the nonexclusive use of the Association Property and the facilitiesthereon, without charge, for sales, display, access, ingress, egress and exhibit purposes,which right Declarant hereby reserves; provided, however that such right shall onlyextend until the earlier to occur of (i) twenty (20) years the first Close ofEscrow for the sale of a Lot or Condominium in the Project, or (ii) the date on whichneither Declarant nor any Participating Builder owns a Lot or Condominium in theProject or the Annexable Area, The exercise of such right by Declarant or ParticipatingBuilders shall not unreasonably interfere with the rights of enjoyment of the otherOwners as provided herein.right of the Board to reconstruct, replace or refinish any(s) TheImprovement or portion thereof upon the Association Property.(h) The right of the Board to replace destroyed trees or other vegetationand to plant trees, shrubs and ground cover upon any portion of the Association Propertyand the right of the Master Association to close or limit the use of such AssociationProperty, or portions thereof; while maintaining and repairing the same.(i) The right of the Board to reasonably restrict access to the Association(j) The right, for a five (5) minute period commencing on the departure ofany golf ball from the Golf Course Property onto the Association Property, of the ownerand lessee of the Golf Course Property and of au players and guests at the Golf CourseProperty to enter upon the Association Property or Common Elements to search for andrecover errant golf balls. This provision should not be interpreted to allow the owner orlessee of the Golf Course Property or any of their players or guests to enter the Lot orCondominium of any Owner within the Master Association,(k) The right of the owner and lessee of the (3olf Course Property and oftheir employees and contractors to enter upon the Association Property or CommonElements for the purpose of maintaining and repairing water and irrigation lines andpipes which are located in or' originate from the Golf Course Property and are used inconnection with the irrigation or sprinkling of the Golf Course Property landscaping orlandscaping on the Association Property or Common Elements. This provision shouldnot be interpreted to allow the Owner or lessee of the Golf Course Property or any oftheir player's or guests to enter the Lot or Condominium of any Owner within the MasterAssociation,.14

(I) Subject to the right of the Board to restrict access .to and use of theAssociation Property the Master Association has no right to control the actions of thegeneral public.3.2.Delegcxtion of Use. Subject to any Rifles and Regulations adopted by theBoard, any Owner may delegate his right of enjoyment to the Association Property and facilitiesthereon as set forth in this Section 3 of this Master Declaration and the Bylaws, to his Family orGuests, provided they reside in or occupy his Lot or Condominium. Guests of an Owner mayuse the Association PrOperty and the facilities thereon oniy in accordance with the Rules andRegulations, which may limit the number of guests who may use the Associiation Property andthe facilities thereon.33 Easements for Parking. Temporary guest or recreational vehicle parking shallbe permitted within the Association Property only within spaces and areas clearly marked forsuch purpose, if any. The Master Association, through its offices, committees and agents, ishereby empowered to establish "parking" and "no parking" areas. within the parking areas ofAssociation Property if any, as well as to enforce these parking limitations by all means lawfiulfor such enforcement on public streets..3,4 .Easements Benefiting the Golf Course Property. In addition to any othergeneral easements or rights of entry benefiting the Golf Course Property the owner(s) GolfCourse Property shall have a nonexclusive easement over any private streets until such time asthose private streets are dedicated to, and accepted by, the City for ingress and egress to andfrom the Golf Course Property for the Owners, affiliates, agents, officers, employees, invitees,patrons and guests of the Golf Course Property.. The owner(s) Golf Property shall alsohave a nonexciusive easement over the Association Property, Common Elements and privatestreets contained within the Project for the purposes of golf cart and pedestrian passage or accessfor the owners, agents, employees, invitees, patrons and guests of the Golf Course Property tothe extent such easement is necessary to access subsequent portions of the Golf Course Property..3 .5 Easements for Vehicular Traffic. In addition to the general easements for useof the Association Property reserved herein, there shall be, and Declarant hereby reserves andcovenants for itself and all future Owners within the Project, that Declarant and each Owner andtheft respective Family, Guests or successors shall have nonexclusive appurtenant easements forvehicular and pedestrian traffic over any private streets and walkways, if any, within theAssociation Property, subject to the parking provisions set forth in Section 3,3 above.. Declarant,on behalf of itself and any Participating Builders, reserves the right to grant similar easements toowners of property in the Annexable Area.3.tiiasement Right of Declarant Incident to Construction., An easement isreserved by and granted to Declarant, its successors and assigns, for access, ingress and egressover, in, upon, under and across the Association Property including, but not limited to, the rightto store materials thereon and to make such other use thereof as may be reasonably necessary orincidental to Declarant's use and development of the Project; provided, hcnvever that no suchrights or easements shall be exercised by Declarant in such a manner as to interfere unreasonablywith the occupancy, use, enjoyment or access by Owner; his Family or Guests to that Owner'sLot or Condominium, or any recreational facility completed upon the Association Property or15

Common Elements! The easement created pursuant to this Section 3.6 is subject to the time limitset forth in Section 11 of this Master Declaration.3.7 Waiver of Use!. No Owner may exempt himself from personal liability forassessments duly levied by the Master Assodiation, nor release the Lot or Condominium ownedby him from the liens and charges hereof; by waiver of the use and enjoyment of the AssociationProperty or by abandonment of his Lot or Condominium in a Planned Development orCondominium Project subject thereto,3.8!! Title to the Association Property.. Declarant hereby covenants for itsel.f; itssuccessive owners and assigns, that it will convey, or cause to be conveyed, to the MasterAssociation a nonexciusive easement for access, ingress, egress, use and maintenance over theAssociation Property described in Section 2.2 of this Master Declaration, free and clear of anyand all encumbrances and liens, subject to reservations, easements, covenants and conditionsthen of record, including those set forth in this Master Declaration.. As each Phase ofDevelopment in the Project is developed.by Declarant, Declarant shall similarly convey or causeto be conveyed, and the Master Association shall accept in fee simple or by easement, anyAssociation Property designated as such in any Notice of Annexation for such Phase ofDevelopment. Notwithstanding any such conveyance, the Master Association's responsibility tomaintain the Association Property located in the Phase of Development shall not begin until: (a)the Declarant conveys title for the Association Property to the Master Association; and (b)common assessments have commenced in said Phase of Development. Subject to Section 9 ofthis Master Declaration, no Owner or Subassociation shall interfere with the exercise by theMaster Association of its rights under the easement for access, ingress, egress, use andmaintenance over Association Property which is owned in fee by such Owner or Subassociation..3.9,Taxes.. Each Owner shall execute such instruments and take such action asmay reasonably be specified by the Master Association to obtain separate real estate taxassessment of his Lot or Condominium or other' portion of real estate within thç Project. If anytaxes or' assessments may, in the opinion of the Master Association, constitute a lien on theAssociation Property or any part thereof; they may be paid by the Master Association and eachOwner shall be obligated to or to reimburse the Master Association, for as the case may be,the taxes and assessments assessed by the County Assessor or other taxing authority against theAssociation Property and attributable to his own Lot or Condominium and interest in theAssociation Property, if any,4. Organization; Membership; Delegate Districts.4,l,Organization. The Master Association is organized as a nonprofit corporationunder Chapter 82 of NRS. The Master Assoqiation shall have the duties, powers and rightsprescribed by law and set forth in the Governing Documents,. Neither the Articles nor theBylaws shall, for any reason, be amended or otherwise changed or interpreted so as to beinconsistent 'with this Master Declaration, If there should exist any ambiguity in any provision ofthe Articles or the Bylaws, then such provision shall be construed, to the extent possible,consistently with the provisions of this Master Declaration. Nothing in this Master Declarationshall prevent the creation, by provision therefor in a Supplemental Declaration, ofSubassociations to assess, regulate, maintain or manage the portions of the Project subject to16

suth a Supplemental Declaration, or to own or control portions thereof for the common use orbenefit of the Owners of Lots or Condominiums in the portion of the Project subject to such aSupplemental Declaration.4.,2.The Board of Directors and Officers. The affairs of the Master Associationshall be conducted by the Board and by a president, treasurer and secretary a.nd any other officerselected by the Board in accordance with the Articles and Bylaws, as the same may be amendedform time to time. The Board shall be composed of at least three (3) and no more than nine (9)directors. The initial Board shall have the right to appoint all thrçe (3) prior to the first meetingof the Members of the Master Association. Subject to the foregoing, the numbe; term, electionand qualifications of the Board shall be fliced in the Articles andlor Bylaws.. The MasterAssociation, through the Board, unless specifically provided otherwise, shall have the right ofenforcement of all the Restrictions and shall have the right and be responsible for the proper andefficient managemeht and operation of the Association Property and facilities thereon, includingthose powers and duties specifically listed in Article 5 hereof and elsewhere in this MasterDeclaration. Action by or on behalf of the Master Association may be taken by the Board Or anyduly authorized executive conimittee, officer, Manager; agent or employee without a vote of theMembers or Delegates, as the case may be, except as otherwise specifically provided in theArticles, Bylaws or this Master Declaration.4.3 Membership. Members of the Master Association shall be (a) Declarant (solong as Declarant is the Owner of any Lot or Condominium or any portion of the AnnexableTerritory), and (b) each Owner (including Declarant and any Participating Builder) of one (1) ormore Lots or Condominiums in any Phase of Development. The Person or Persons whoconstitute the Owner of a Lot or Condominium shall automatically be the holder of themembership in the Master Association, which membership shall be appurtenant to the Lot orSuch Membership shall automatically pass with fee simple title to the Lot orCondominium. Ownership of a Lot or Condominium shall be the sole qualification for anOwner's membership in the Master Association.. Declarant shall hold a separate membership foreach Lot or Condominium owned by Declarant. Membership shall not be assigned, transferred,pledged or alienated in any way separate and apart from the transfer of fee simple title to a Lot orCondominium. Declarant's membership may not be partially assigned or, held by more than one(1) Person, and may not be transferred except to a successor to Declarant's rights to all or aportion of the Project or the Annexable Area.. Transfer of Declarant's membership shall beevidenced by a Recorded assignment of Declarant's rights.. Any attempt to make a prohibitedmembership transfer shall be void and will not be reflected on the books of the MasterAssociation,, Membership shall be in addition to membership in any Subassociation responsiblefor operating the Phase of Development or Condominium Project in which a Member's Lot orCondominium is located. A Member shall have the tight to delegate, subject to reasonable Rulesand Regulations, his rights of use and enjoyment of the Association Property to a lessee of hisLot or Condothinium; provided however; that (a) such lessee shall have a written, Recordedlease for a term of not less than one (1) year, which lease shall expressly delegate to the lesseesuch Member-lessor's right of use and enjoyment of the Association Property, and (b) suchMember-lessor shall not be entitled to the use and enjoyment ofthe Association Property duringthe term of such delegation. Upon termination of a lessee's lease, the lessee's right of use andeñjoymeñt qf the Association Property shall cease and immediately vest in the Member4essoruntil such time as the Member-lessor delegates his right of use and enjoyment to a new lessee17

under this Section 4.3. A member who has sold his Lot or •urn to a contract purchaserunder a Recorded installment sale contract shall also be entitled to delegate to such contractpurchaser his membership rights in the Master Msociation provided, however, that suchMember contract seller shall not be entitled to the use and enjoyment of the Association Propertythe term of such delegation. Such delegation shall be in writing and shall be delivered tothe Board before such contract purchaser shall have the of use in the Association Property.The contract seller, however, shall remain liable for all shares and assessments attributable to hisLot or Condominium until fee title to the Lot or Condominium sold is transferred of Ifthe Owner of any Lot or Condominium fails or refuses to transfer the membership registered inhis name to the purchaser of such Lot or Coftdominium upon Recorded trafnsfer of fee titlethereto, the Board shall, nonetheless, have the right to record the transfer upon the books of theMaster Associatioa The Master Association may levy a reasonable transfer fee against newOwners and their Lots and Condominiums (which fee shall be added to the Assessmentchargeable to such new Owner) to reimburse the Master Association for the administrative costsof transferring, on the records of the Master Association, the memberships to the new Owner,4.4Voting Rights.(a) Vote Distribution,(i)(ii)All voting rights shall be subject to the Restrictions, EachMember, including Declarant and each ParticipatingBuilder, shall be entitled to cast one (1) vote for eachassessment unit allocated to the real property owned bysuch Member pursuant to Section 6.6 hereofWhen more than one (1) Person holds such interest orinterests in any Lot or Condominiumallsuch Co-Owners shall be Members and may attend anymeetings of the Master Association, but only one (1) suchCo-Owner shall be entitled to exercise the vote to which theLot or Condominium is entitled. Such Co-Owners may,from time to time, all designate, in writing, one (1) of theirnumber to vote,, Fractional votes shall not be allowed andthe vote for each Lot or Condominium shall be exercised, ifat all, as a unit, Where no voting Co-Owner is designated,or if such designation has been revoked, the vote for suchLot or Condominium shall be exercise,d as mutually agreedupon by the majority of the Co-Owners of the Lot orCondominium. Unless the Board receives a writtenobjection fiom a Co-Owner, it shall be presumed that thevoting Co-Owner is acting with the consent of his Co-Owners.. No vote shall be cast for any Lot orCondominium where the majority of the Co-Owners,present in person or by proxy, owning the majority interestsin such Lot or Condominium, cannot agree to said vote orother action. All Co-Owüers shall be jointly and severally18

esponsible for all of the obligations imposed upon thejointly owned Lot or Condominium and shall be entitled toal other benefits of ownership. All agreements anddeterminations lawiblly made by the Master Association inaccordance with the voting percentages established herein,or in the Bylaws, shall be deemed to be binding on allOwners, their successors and assigns,(iii) Any Mortgagee who acquires title to a Lot orCondominium pursuant to a judgment of foreclosure or atrustee's sale shall automatically become entitled toexercise all voting rights which the Owner of said Lot orCondominium would otherwise have had; and(iv)If any lender to whom Declarant has assigned or hereafterassigns, as all or substantially all of its rightsunder this Master Declaration succeeds to the interests ofthe Declarant by virtue of said assignment, the absolutevoting rights of Declarant as provided herein shall not beterminated thereby, and such lender shall hold Declarant'smemberships and voting rights on the same terms as theywere held by Declarant.(b) Appointment of Board by Declarant, During the Declarant's Period ofControl, Declarant shall have the right to appoint and remove a majority pf the membersof the Board, subject to the following limitations:(i)(ii)(iii)Not later than sixty (60) days after conveyance offive percent (25%) of the Maximum Number of Units fromDeclarant to Owners (other than Declarant or ParticipatingBuilders), at least one (1) director and not less than twentyfivepercent (25%) of the total directors must be elected byOwners other than Declarant;Not later than sixty (60) days after conveyance of fiftypercent (50%) of the Maximum Number of Units fromDeclarant to Owners (other than Declarant or ParticipatingBuilders), not less that one-third (1/3) of the total directorsmust be elected by Owners other than Declarant; andThe Declarant's Period of Control shall terminate on theearlier of (a) sixty (60) days after conveyance offive percent (75%) of the Maximum Number of Units toOwners (other than Declarant or Participating Builders); (b)five (5) years after Declarant and Participating Buildershave ceased to offer any Units for sale in the ordinarycoUrse of business, or (c) five (5) years after any right to19

Delegate Districts,.annex any portion of the Annexable Area was last exercisedpursuant to Section 2 of this Master Declaration.(a) Date of Commencement of Delegate System. The voting rights andvote distribution specified in Section 4.4 of this Master Declaration shall remain in effectuntil the first to occur of the following events, at which time "Delegate Districts," asdescribed below, shall automatically commence in lieu thereof(i)(ii)The sale of seventy-five percent (75%) of the Lots orCondominiums in the Project vesting title thereto inPersons other than Declarant or a Participatipg Builder; orA vote by a majority of the total voting power of the MasterAssociation to restructure the voting system into DelegateDistricts, as described below.(b) Establishment of Delegate Districts, Upon the happening of the firstto occur of the above events, Declarant shall divide the Project into Delegate Districts,and each Delegate District shall elect one (1) Delegate to the Master Association toexercise the voting power of all the Members in such Delegate District. DelegateDistricts shall be formed geographically to coincide with the jurisdiction of eachSubassociation. Delegates shall be elected by the members of each Subassociation bysecret written ballot in the manner specified in NRS 116.31105. In the absence of aSubassociation representing any portion of the Project, the Declarant shall establish aDelegate District by the Recordation of one or more Supplemental ]ieclarations or otherwritten instruments executed by Declarant, containing a legal description of the portionsof the Project which shall be or become part of a Delegate District and a statement thatsuch real property dçscribed therein shall be or become part of a designated DelegateDistrict for purposes of this Master Declaration. In the absence of a separatecorresponding Subassociation within a Delegate District, the Members within eachDelegate District shall elect a Delegate and an individual to serve on the Board ofDirectors of the Master Association by secret written ballot in the manner specified inNRS 11631101(c) Voting Rights of Members. Pursuant to Section 4.4 of this MasterDeclaration, each Member shall have the right to cast all votes to which he is entitled byproperty ownership within a Delegate District to elect a Delegate to the MasterAssociation to exercise the voting power of the Member's Delegate District, If aMember's Lot or Condominium is Jocated within the jurisdiction of a Subassociation, theMember shall also have the right to vote on Subassociation mattets, in the manner setforth in the Supplemental Declaration for such(d) Voting Rights of Delegates. Subject to the Declarant's right to appointthe Board pursuant to Section 4.4(b) of this Master Declaration, each Delegate shall castone (1) vote or every assessment unit calculated pursuant to Section of this Master20

Declaration, in the Delegate District represented by such Delegate. At each meeting ofMembers, each Delegate shall cast the votes which he represents in such manner as suchDelegate may, in his sole and reasonable discretion, deem appropriate, acting on behalf ofall the Members in such Delegate's Delegate District; provided, hoivever that if aDelegate District meeting is held at which an issue is decided by a majority of a quoruniof the Members from that Delegate District, the majority's decision shall control theDelegate's vote on that issue. A Delegate shall have the authority, in his sole discretion,to call a special meeting of the Members in such Delegate's District in the mannerprovided in which such Delegate is to vote on any issue to be voted on by the Delegates.It shall be conclusively presumed for all purposes of Master Association businessthat any Delegate casting votes on behalf of Delegate's Delegate District will have acted with theauthority and consent of his respective Members. All agreemçnts and determinations lawfullymade by the Master Association in accordance with the voting procedures established herein, andin the Bylaws, shall be deemed to be binding on all Members and their successors and assigns.5.. Functions of Master Association.5.1 Powers and Duties. The Master Association shall have all of the powersgiven to such a corporation by law, subject only to such limitations upon the exercise of suchpowers as are expressly set forth in the Restrictions., The Master Association shall have thepower to perform any and all lawfhl acts which may be necessary or proper for or incidental tothe exercise of any of the express powers of the Master Association. Without in any way limitingthe generality of the foregoing provisions, the Master Association, acting through the Board,shall have:(a) Assessments. The power and duty to levy assessments against theOwners of Lots or Condominiums in the Property and any subsequent Phase ofDevelopment in which assessments have commenced, and to enforce payment of suchassessments in accordance with the provisions of Section 6 of this Master Declaration.(b) Repair and Maintenance of Association The power; but notthe obligation, to paint, plant, maintain and repair in a neat and attractive condition, inaccordance with standards adopted by the Design Review Committee, all AssociationProperty and all Improvements thereon, in a safe, sanitary and attractive condition and ingood order and and to pay for utilities, gardening and other necessary services forthe Association Property. All of the foregoing obligations of the Master Association shallbe discharged when and in such manner as the Board shall determine in its judgment tobe appropriate. Notwithstanding the foregoing, the Master Association shall have noresponsibility to provide the services referred to in this paragraph with respect to anyImprovement which is accepted for maintenance by any governmental agency or entity orwhich is the maintenance responsibility of any Subassociation pursuant to anSupplemental Declaration. Such responsibility shall be that of the applicable agency,entity or Subassociation,(c) RepaiT and Maintenance of Golf Course Property. In addition, neitherthe Master Association nOr any Owner therein shall have any responsibility to maintain21

the Golf Course Property. The owner of the Golf Course Property shall be responsible tomaintain the Golf Course Property.(d) Signs.. No Owner or Subassociation shall place or install any sign orother Improvement or alter or remove the Improvements on the Association Propertyunless such placement, installation or alteration is first approved in writing by the Board,.Nothing contained in this provision shall be interpreted to preclude the Declarant frominstalling signs consistent with Section 112 herein..(e) Taxes, The power and duty to pay all taxes and assessments leviedupon the Association Property and all taxes and assessments payable by the MasterAssociation,(1) Services,. The power and duty to obtain, for the benefit of theAssociation Property, any commonly metered water; gas and electric services, and thepower; but not the duty, to provide for refuse collection and cable or master televisionservice,(g) Easements and Fights-of--Way. The power, but not the duty, to grantand convey to any Person easements and rights-of-way in, on, over or under theAssociation Property for the purpose of constructing, erecting, operating or maintainingthereon, therein and thereunder: (i) roads, streets, walks, driveways, parlcways, park areasand slope areas; (ii) overhead or underground lines, cables, wires, conduits or otherdevices for the transmission of electricity for lighting, heating, power; television,telephone and other similar purposes; (iii) sewers, storm water drains and pipes, water'systems, sprinkling systems, water; heating and gas lines or pipes; and (iv) any similarpublic or quasi-public Improvements or facilities,,(h) Manager.. The power; but not the duty, to employ or contract with aManager to perform all or any part of the duties and responsibilities of the MasterAssociation, and the power to assign its powers and obligations to committees, officersand employees. Any such management agreement, or any agreement providing forservices by Declarant to the Master Association, shall be for a term not in excess of one(1) year, renewable by agreement of the parties for successive one (1) year periods, andany such agreement shall be terminable by the Master Association, acting through theBoard, at any time (i) for cause upon thirty (30) days' written noticethea penalty or termination fee upon ninety (90) days'written notice,(i) Fights of EnUy and Enforcement. The power; but not the duty, to, afterNotice and Hearing and upon reasonable notice, enter upon any Lot or Condominiumwithout being liable to Owner, except for damage caused by such entry; for the purposeof enforcing by peaceful means the provisions of this Master Declaration, or for thepurpose of maintaining or repairing any such Lot or Condominium if for any reasonwhatsoever the. Owner thereof fails to maintain and repair any such area as required bythe Restrictions, The cost of any such maintenance and repair which is the responsibilityof the Owner shall be a Special Assessment of such Owner, The responsible Owner shall22

pay promptly all amounts due for such work, and the costs and expenses of collection.,Unless there exists an emergency, there shall be no entry into a Residence without thereasonable notice and the authorization of a majority of the Board. Any damage causedby an entry upon any Lot or Condominium shall be repaired by the entering party TheMaster Association may commence and maintain actions and auits to restrain andénj oin any breach or threatened breach of the Restrictions and to enforce, by• mandatoryinjunctions or otherwise, all of the provisions of the Restrictions. If an action is broughtby the Master Association, the prevailing party shall be entitled to reasonable attorneys'fees.(J) Other Services The power and duty to maintain the integrity of theAssociation Property and provide such other services as may be necessary qr proper tocarry Out the Master Association's obligations and business under the terms of this MasterDsclaratiori in order to enhance the enjoyment of the Members of the AssociationProperty or to facilitate the use of the Association Property by the Members.(Ic) Employees, Agents and Consultants. The but not the duty, ifdeemed appropriate by the Board, to hire and discharge employees and agents and toretain and pay for legal, accounting and other services as may be necessary or desirable inconnection with the performance of any duties or exercise of any powers of the MasterAssociation tinder this Master Declaration(1) Legal and Accounting Services. The power, but not the duty, ifdeemed appropriate by the Board, to retain and pay for legal and accounting servicesnecessary or proper in the operation of the Association Property, enforcement of theRestrictions, or in performing any of the other duties or rights of the Master Association.(m)Acquiring Property and Construction on Association Property. Thepower, but not the duty, by action of the Board, to acquire property or interests inproperty for the common benefit of Owners, including Improvements and personalproperty. The poweç but not the duty, by action of the Board, to construct newimprovements or additions to the Association Property, or demolish existingImprovements (other than maintenance or repairs to existing Improvements), inaccordance with the provisions of Sections 6.8 and 6.10 of this Master Declaration,(n) Contracts. The power, but not the duty to enter into contracts withLot or Condominium Owners and Subassociations to provide services or to maintain andrepair Improvements within Planned Developments or Condominium Projects which theMaster Association is not otherwise required to maintain pursuant to this MasterDeclaration, and the power, but not the duty, to contract with third parties for suchservices. Any such contract or service agreement must, however, provide for payment tothe Master Association of the cost of providing such service or maintenatice.(o) Inspection of Books and Records. The duty to authorize theverification of membership, books of account and minutes of meetings of the Members orDelegates, as the case may be, and of the Board by making them available for inspectionand copying by any Member of the Master Association, or by his duly appointed23

epresentative, at such Member's sole cost and expense, and at any reasonable time andfor a purpose reasonably calculated to be in his interest as a Member, at the office of theMaster Association or at such other place within the Project as the Board may prescribe..The Board shall establish reasonable rules with respect to.: (i) notice to be given to thecustodian of records by the Member desiring to make the inspectipn (ii) hours and daysof the week when such an inspection may be made; and (iii) payment of the cost ofreproducing copies of documents requested by a Member, Every director shall have theabsolute right at any reasonable time to inspect all books, records and documents of theMaster Association and the physical properties owned or contiolled by the MasterAssociation..(p) Enforcement of Subassocia'tion flolations. The powei, but not theduty, to enforce any provisions in a Supplemental Declaration or Rules and Regulationsadopted by a Subassociation in the event the Subassociation fails to, do so. The MasterAssociation retains an easement over all property within the Project to enforce anySubassociation restriction as well as any Rules and Regulations adopted by theSubassociation.(q) Other Powers.. All other rights, powers and duties as set forth in NRS116.3102, except as otherwise limited by the Restrictions.5.2,.Rules and Regulations. The Board may adopt such Rules and Regulations asit deems proper for the use of the Association Property. A copy of the Rules and Rçgulations, asthey may from time to time be adopted, amended or repealed, shall be posted in a conspicuousplace in or on the Project and shall be mailed or otherwise delivered to each Owner. Thirty (30)days after such mailing ox' delivery to each Ownex; the Rules and Regulations shall have the sameforce and effect as if they were set forth herein; provide4 however, that the Rules andRegulations shall be enforceable only to the extent that they are consistent with this MasterDeclaration, the Articles and the Bylaws, and the Rules and Regulations may not be used toamend any of such documents. In addition, except as otherwise provided in NRS 116,31031(2),if any Owner has actual knowledge of any given Rules and Regulations, such Rules andRegulations shall be enforceable against such Owner and his Family or Guests after Notice andHearing as though notice of such Rules and Regulations had been given pursuant to this Section5.2. In addition, the Board thay impose fines and penalties against the Owner of a Lot orCondominium to obtain compliance with the Restrictions and enforce said fines or penalties asset forth in Section 6.10 of this Master Deblaration and NES 116.31031..6. Funds andAssessrnents...,lMaster Association Budget. The Board shall annually prepare and distributeto the Members not less than thirty (30) or mote than sixty (60) days prior to the expiration of thecurrent Fiscal Year, a proposed Budget or summary thereof for the upcoming Fiscal Year. Withinthirty (30) days after the adoption of the Budget, the Board shall provide a copy of the Budget ora summary of the Budget, accompanied by a written notice of where the Budget is available forreview and that copies of the Budget may be. obtained upon request, to all Members and shall calla meeting of the Members or, as appropriate, Delegates, to consider ratification of the Budget.The date of such meeting shall be not less than fourteen (14) nor more than'thirty (30) days after24

the date of mailing of the Budget summary. Unless Members or; as appropriate, Delegatescontrolling a majority of the voting power of the Master Association reject the Budget, theBudget shall be deemed ratified, whether or not a quorum is present at said nieeting. If theBudget is rejected, then the Budget last ratified shall be continued until such time as a newpropbáed Budget is ratified. 1f during such upcoming Fiscal Year; the Boatd determines that theAnnual Assessment should be increased above the amount reflected in the Budget then in effectfor such Fiscal Year; the Board shall provide a copy or a summary, accompanied by writtennotice of where the Budget is available for review and that copies of the Budget may be obtainedupon request, of the increased budget to the board of directors of each Members and theprovisions set forth above concerning a meeting of the Members or, as appropriate, Delegates, toa new Budget shall be applicable to such proposed increase.. The Budget, as ratified, shallbe binding on all Members.6,2flersonal Obligation of Assessments. Declarant and any Participating Builderfor each Lot or Condominium owned by Declarant or such Participating Builder; and subject toassessment, hereby covenants and agrees, and each Owner ofaor Condominiuma deed or other conveyancethejefor, whether or not it shall be so expressed in such deed or such other instrument, is deemedto covenant and agree to pay to the Master Association (a) Annual Assessments for CommonExpenses, (b) Capital Improvement Assessments, (c) Special Assessments, and (d)Reconstruction Assessments, such assessments to be established and collected as hereinafterprovided.. All assessments, together with interest, late charges, costs and reasonable attorneys'fees for the collection thereof ("Assessment?'), shall be a charge on the land and shall be acontinuing lien upon the Lot or Condominium against which such Assessment is made. AllAssessments shall be the personal obligation of the Owner of such Lot or Condominium at thetime when the Assessment fell due. The personal obligation of Assessments shall not pass to thesuccessor-in-title to any Owner, unless expressly assumed by such successors; provide4hoivever that the Assessments shall still remain a charge against the successor-in-interest's Lot orCondominium. In lieu of payment of the Annual Assessments, Declarant or any other declarant,as defined in NRS 116.035, ("Subsidizing Party"), may enter into an agreement with theAssociation ("Subsidy Agreement") wherein the Subsidizing Party agrees to pay an amount equalto the sum of (a) the difference between (i) the Common Expenses (excluding reserves) and(ii) the Annual Assessments payable by the Owners and (b) 100% of the reserves attributable toLots owned by the Subsidizing Party which are subject to the Master Declaration, funded at thetermination of Declarant's Period of Control as provided in NRS 116.31038.6.3 Maintenance Funds. The Board shall establish and maintain at least thefollowing separate finds (the "Maintenance Funds") into which shall be deposited all moniespaid to the Master Association, and from which disbursement shall be made, as provided herein,in the performance of functions by the Master Association under the Restrictions: (a) anoperating account for current expenses of the Master Association; (b) a reserve account forreplacements, painting and repairs of the landscaping and other Capital Improvements within theAssociation Property; and (c) any other accounts which the Board may establish, to the extentnecessary under the provisions of the Restrictions, To qualify for higher returns on accounts heldat banking or' savings institutions, the Board may co-mingle any athounts deposited into any ofthe Maintenance Funds with amounts deposited into any other Maintenance Fund,provided thatthe integrity of each individual Maintenande Fund shall be preserved on the books of the Master25

Association by accounting for disbursements from, and deposits to, each Maintenance Fundseparately. Each of the Maintenance Funds shall be established as separate trust savings or trustchecking accounts. The Maintenance Funds shall be established as trust accounts at federallyinsured banking or lending institutions.,6,4Pyrpose of Assessments, All amounts deposited into the operating accountand the reserve account must be used solely for the common benefit of all of the Owners and forpurposes authorized by the Restrictions, as they may be amended from time to time.Disbursements from the reserve account shall be madç by the Board only for the respectivepurposes specified in this Section 6. Disbursements from the operating account shall be made bythe Board for such purposes as are necessary for the discharge of itsherein forthe common benefit of all of the Owners, other than those purposes for which disbursementsfrom the reserve account are to be used., Nothing in this Master Declaration shall be construed insuch a way as to permit the Master Association to use any Assessments to abate any annoyanceor nuisance emanating from outside the physical boundaries of theDamage to Association Proper4'y by Owners. Any maintenance, repairs orreplacement within the Association Property arising out of or caused by the willful or negligentact of any Owner, his Family or Guests, shall be done at such Owner's expense, after Notice andHearing, and a Special Assessment therefor shall be levied against such Owner, and shall also bea charge against the land and a continuing lien upon the Lot or Condominium against which suchassessment is made.6.6.Annual Assessments.. A sum sufficient to pay Common Expenses shall beassessed as Annual Assessments against the Owners of Lots or Condominiums, pursuant to theMaster Association Budget.. As Annual Assessments commence with respect to additionalPhases of Development annexed into the Project pursuant to Section 2 of this MasterDeclaration, the Annual Assessments shall be revised to reflect the amended Master AssociationBudget. Unless otherwise indicated in the Master Association Budget, Annual Assessments shallbe assessed against all Owners, as follows: The Owner of each Lot within the Project shall becharged with one (1) assessment unit for each such Lot, The Owner of each Condominiumwithin the Project shall be charged with one-half (1/2) of one assessment unit for eachCondominium owned by such Owner. Each Owner's proportionate share of the Assessment forCommon Expenses shall be a fraction, the numerator of which shall be the number of assessmentunits charged to such Owner and the denominator of which shall be the total number ofassessment units charged to all Lots and Condominiums in the Project which are subject toAssessment, With respect to any parcel owned by a Participating Builder, which parcel has notbeen subdivided into Lots or Condominiums which are intended to be conveyed to Owners, suchParticipating Builder shall be charged with one (1) assessment unit for each of the maximumnumber of patcels which are permitted pursuant to the terms of any Supplemental Declaration orNotice of Annexation until such parcel has been subdivided.&7,Date of Commencement of AnnualAssessments. Annual Assessments for eachOwner shall commence as to each Lot or Condominium in any Planned Development orCondominium Project on the first day of the first month following the close of Escrow forthe sale of a Lot or Condominium in such Planned Development or Condominium Project. The26

first Annual Assessment shall be adjusted according to the number of months remaining in theFiscal Year as set forth in the Bylaws.All installments of Assessments shall be collected in advance on a regularbasis by the Board, at such frequency and on such due dates as the Board shall determine fromtime to time in its sole and absolute discretion. Assessments may be paid by the Owner to theMaster Association in one check or in separate checks, If any payment is less than the amountassessed and the payment does not specify the Maintenance Fund or Funds into which it shouldbe deposited, the payment received by the Master Association from that Owner shall be creditedin order of priority, first to the operating thnd and second to the reserve fluid.From time to time the Board may determine that all excess fUnds remaining in theoperating fluid, over and above the amounts used for the operation of the Project, may beretained by the Master Association and used to reduce the following year's Annual Assessmentor other uses as the Board may determine in its sole discretion,. Upon dissolution of the MasterAssociation incident to the abandonment or termination of the maintenance of the Project, anyamounts rethaining in any of the Maintenance Funds shall be distributed proportionately to or forthe benefit of the Members..6.. 8..Capital Improvement Assessments.. The Board, in accordance with theprocedures specified in NRS 116.3 115(9) and with the vote of the Members or, as appropriate,Delegates representing a majority of the voting power of the Master Association, may levy inany Fiscal Year, a Capital Improvement Assessment for the purpose of defraying, in whole or inpart, the cost of any construction or installation of a Capital Improvement upon the AssociationProperty, including fixtures and personal property related thereto. The construction,reconstruction, repair or replacement of the Capital Improvement does not have to be completedduring the Fiscal Year that the Capital Improvement Assessment was levied. All CapitalImprovement Assessments must be fixed for all Lots and Condominiums in the same proportionas Annual Assessments are levied, and they may be collected in the manner and frequency asdetermined by the Board from time to time. g for any reason, the finds collected by the Boardpursuant to a Capital Improvement Assessment are not used or exceed the amount necessary tocomplete the Capital Improvement, then the Board may determine, within its sole discretion, thatsuch fUnds may be used to reduce the following year's Annual Assessment or proportionatelyrefUnded to the O*ñers.6.9.Special Assessments. If any Owne; his Family or Guests violate theRestrictions, the Board, in accordance with NRS 116.31031, may, after Notice and Hearing andin addition to the other Eemedies available, impose a reasonable Special Assessment upon suchOwner for each violation. The Special Assessment shall be levied against the Owner of the Lotor Condominium and shall be in the amount attributable to, or reimbursable by, that Owner fordamages to the AssociatiOn Property or equal to the cost incurred by the Master Association forcorrective action pursuant to the provisions of the Master Association..Subject to the provisions of NRS 116.. 31031, the Board may also adopt aschedule of reasonable fines or penalties which, in its sole discretion, it may assess against anOwner for failure of the Owner, his Family or Guests to comply with any provision of theRestrictions. Such fines and penalties may only be assessed by the Board after' Notice and27

Heaxing The fine or penalties imposed against an Owner and his Lot or Condominium shall betreated as a Special Assessment and shall be enforceable like all other Assessments as set forth inArticle 6 of this Master Declaration, including the filing of a lien against the Owner's Lot orCondominium, as otherwise provided inINRS 116.3 1162(4).In addition to the foregoing, the Special Assessment, whether it be for damage toAssociation Property or as an assessment for noncompliance, shall include interest, late charges,attorneys' fees and any other charges incurred by the Master Association in collecting the SpecialAssessment, subject to the limitations set forth in NRS 11631031(8).610. Reconstruction Assessments. The Board may levy against the Owner ofany Lot or Condominium, in any Fiscal a Reconstruction Assessment for the purpose ofdefraying, in whole or in part, the cost to the Master Association of any reconstruction, repair orreplacement of any hnproyement on the Association Property6.11.. Exempt Property. The following property.. subject to this MasterDeclaration, shall be exempt from the Assessments herein:authority;(a) Those portions of the Project dedicated to and accepted by a local(b) Any Association Property owned in fee by the Master Association, and(c) All Common Elements owned in fee simple by any Subassociation.6; 12. Remedies of the Master Association.. Any installment of an AnnualAssessment, Capital Improvement Assessment, Special Assessment or' ReconstructionAssessment not paid within thirty (30) days after the due date shall bear interest from the date ofsuch installment at a rate of up to eighteen percent (18%) per annum, but in no event more thatthe maximum interest rate established by law. The Board may require a delinquent Owner to paya late charge in addition to the interest described above to compensate the Master Associatidn forincreased bookkeeping, billing and other administrative costs. No such late charge shall exceedthe maximum amount allowable by law. if any installment of an Assessment is not paid withinthirty (30) days after it is due, the Master Association may bring an action at law against theOwner personally obligated to pay the same to the extent permitted by INRS Chapter 116, mayforeclose the lien against his Lot or Condominium.. No Owner may waive or otherwise escapeliability for the Assessments provided for herein by nonuse of the Association Property orabandonment of his Lot or Condominium. If any installment of an Assessment is not paid withinthirty (30) days after its due date, the Board may mail an acceleration notice to the Qwner and toeach Eligible Mortgage.e of the Owner's Lot or Condominjum which has requested, in writing, acopy of the notice. The notice shall (a) the fact that the installment is delinquent, (b) theaction required to cure the default, (o) the date, not less than thirty (30) days from the date thenotice is mailed to the Owner, by which such default may be cured, and (d) that failure to curethe default on or before the date specified in the notice may rçsult in acceleration of the balanceof the installments of the Assessment for the then current Fiscal Yeas; and sale of the Lot orCondominium. The notice shall thither inform the Owner of S right to cure after acceleration,If the delinquent installment of Assessments and any óharges thereon are not paid in frill on or28

efore the date specified in the notice, the Board, at its option, may declare all of the unpaidbalance of the Assessment levied against such Owner and such Owner's Lot or Condominium tobe immediately due and payable. without fhrther demand, and may enforce the collection of thefrill Assessnient and all charges thereon in any manner authorized by law and this MasterDeclaration.6.13. Lien for Assessments and Other Amounts. The Annual, Special, CapitalImprovement and Reconstruction Assessments, and all charges, fmes, penalties and otheramounts (including interest, late charges, attorneys' fees and other expenses incurred by theMaster Association in collecting unpaid amounts) payable by an Owner or plyable with respectto an Owner's Lot or Condominium shall be a charge on that Owner's Lot or Condominium,shall be a continuing lien upon that Owner's Lot or Condominium, and shall also be the personal,joint and several obligation of all Owners of the Lot or Condominium at the time that theAssessment or charge becomes due..If an Owner of a Lot or Condominium does not pay the Assessment, e4ensesand/or related charges in frll within thirty (30) days after notice from thç Board of the amountdue, then any assessment, expense, charge, fine, penalty or other amount or any installmentthereof; and any interest accrued thereon becomes a lien against that owner's Lot orCondominium and the Master Association may record, in the Office of the County Recorder ofClark County Nevada, a Notice of Delinquent Assessment Lien. Such Notice of DelinquentAssessment Lien shall state the amount of the assessment, expense, interest, costs, penalties,attorneys' fees and other costs of collection, the Owner's name and a description of theapplicable Lot or Condominium against which the assessment or charge has been made, and shallbe signed by an authorized representative of the Master Association.. Upon payment or othersatisfaction of the Assessment or charge, the Master Association shall cause to be recorded afbrther notice stating the satisfaction and the release of the lien noticed by the Notice ofDelinquent Assessment Lien.g after recording of the Notice of Delinquent Assessment Lien, the Owner of aLot or Condominium fails, within Thirty (30) days, to pay or otherwise satisfy the assessment orcharge, then the Association may, at any time within three (3) years after the Notice ofDelinquent Assessment Lien was recorded, enforce the lien of the assessment or charge by saleof the applicable Lot or Condominium. In exercising its power of sale, the Master Associationshall have such rights, shall comply with such requirements and conditions and shall follow suchprocedures as are set forth in NRS 116.31162 and NRS 116.31164 as they may from time to timebe amended as provided in this Article VI.6.14.. Exercise of Puwer of Sale in Enforcement of Lien.. The power of salerelative to the lien created pursuant to Section 6 of this Master Declaration and by therecorded Notice of Delinquent Assessment Lien may not be exercised until (a) the Board, itsagent or attorney has first executed and caused to be recorded in the Official Records a Notice ofDefault and Election to Sell in which the deficiency in payment is described and the intention tosell the Lot or Condominium or cause its sale to satisfy the lien is noted, and (b) a period ofninety (90) days has expired following the later of the day upon which the Notice of Default andElection to Sell is recorded, or the day on which a copy of the Notice of Default and Election toSell is mailed by certified or registered mail, return receipt requested, to the Lot or29

Condominium Owner, or their successor4n-interest, at his address, if known, ottterwise to theLot or Condominium address,If. upon expiration of said ninety (90) day period, the amount of the lien, plus anycharges; fines, penalties, interçst, attorneys' fees and any other expenses incurred by the MasterAssociation incident to its enforcement, remains unpaid and unsatisfied, the Board, its agent orattorney, before selling the Lot or Condominium shall give notice of the time aad place of thesale in Clark County Nevada in the manner provided by the laws of the State of Nevada, as maybe amended from time to time, for the sale of real property upon execution, except that a copy ofthe Notice of Sale must be mailed on or before the first publication or posting tothe Owner or tohis successor-in-interest.The Board, its agent or attorney may, from time to time, postpone such sale bysuch advertisement as it may deem ieasonable or, without further advertisement, by proclamationmade to the persons assembled at the time and place previously appointed and advertised forsuch sale. On the day and at the time of sale sp advertised, or to which such sale may have beenpostponed, the Board, its agent or attorney, may sell the Lot or Condominium so advertised atpublic auction to the highest cash bidder, at the place in Clark County, Nevada specified in theNotice of Sale, The Master Association, through an officer authorized by the Board, may bid andpurchase at such sale, and the amount of the lien, including costs, fees and expenses incident tothe enforcement thereof.; shall be deemed "cash" for bidding purposes.The Board, its agent or attorney, may, after the recording of the Notice of Defaultand Election to Sell, waive or withdraw the same or any proceedings thereunder and shallthereupon be restored to its former position and have and enjoy the same rights as though suchNotice of Default and Election to Sell had not been recorded.The Board, on behalf of the Master Association, or the Board's agent or attorney,upon such sale, shall make (without warranty), execute and, after due payment made, deliver tothe purchaser or purchasers at the public sale, his or their heirs orassigns, a deed or deeds to theLot or Condominium so sold, which shall convey to the purchaser all the title of the Owner in theLot or Condominium and shall apply the proceeds of the sale for the following purposes in thefollowing order:(a) The reasonable expenses of sale;(b) The reasonable expenses of securing possession before sale,maintaining and preparing the Lot or Condominium for sale, including payment of taxesand other governmental charges, premiums on hazard and liability insurance and, to theextent provided for by agreement between the Master Association and the Lot orCondominium Owner; reasonable attorneys' fees and other legal expenses incurred by theMaster Association;(c) Satisfaction of any super or' liens or encumbrances, as described inNRS 116;(d) Satisfaction of any First Mortgage, subject to the Master Association'spriority for six (6) months of Annual Assessments pursuant to NRS 116,3116(2);30

(e) Satisfaction of the Master Association's lien;and(0 Satisfaction in the order of priority of any subordinate claim of record;(g) Remittance of any excess to the Lot or Condominium Owner.Upon the sale of the Lot or Condominium conveyed and the execution of a deedor deeds therefoi the recital therein of default, the recording of the Notice of DelinquentAssessment Lien, the recording of the Notice of Default and Election to Sell, the lapsing of theninety (90) day period, and the giving of the Notice of Sale shall be conclusive proof of suchdefault, recording, election, lapsing of time and of the due giving of such notice, and that the salewas regularly and validly made, Subject to the provisions of NEtS 11631166, as it may fromtime to time be amended, any such deed or deeds with such recitals therein shall be effectual andconclusive against the Owner his heirs and assigns and all other persons, and the receipt for thepurchase money recited or contained in any deed executed to the purchaser as aforesaid shall besufficient discharge to such purchaser from all obligation to see to the proper application of thepurchase money according to the foregoing.Every sale made under the provisions of this Section shall vest in the purchaserthe title of the Owner without equity or right of redemption.. The party seeking enforcement ofthe lien may purchase the Lot or Condominium at foreclosure sale and hold, lease, mortgage andconvey it subject to the terms and conditions of this Master Declaration.6., 15. Alternative Lien Enforcement .Procedn'res. If the procedures forenforcement of a lien by sale as set forth in Article 6 of this Master Declaration should becomeor be determined to be invalid or ineffective by appropriate legislative or judicial action, theBoard and the Master Association shall have such rights, shall comply with suph requirementsand conditions, and shall follow such procedures as may be established under the other laws ofthe State of Nevada relative to the enforcement of such liens by sale. In the absence of any suchlaws, said lien may be enforced and foreclosed upon by sale of the Lot or Condominiumconducted in accordance with the laws of the State of Nevada for judicial andlor nonjudicialforeclosure of deeds of trust. The remedies set forth herein shall be in addition to any otherremedies provided by law or in equity for the enforcement of such liens and obligations,including the institution of legal proceedings against the applicable Owner personally. Nothingherein shall require the Board or' the Master Association to pursue any remedies set forth her'einor otherwise available at law or in equity in any particular order or priority6,16. Rights to Receive Notice of Default and Election to Sell and Notice ofSale. A person or entity which has or claims any right, title or interest in, or lien or charge upona Lot or Condominium, as evidenced by any document or instrument filed or recorded in theOfficial Records and who desires a copy of a Notice of Default and Election to Sell or Notice ofSale relating to such Lot or Condominium may, at any time subsequent to the recording of thisMaster Declaration, file in the Official Records an acknowledged request for a copy of suchNotice of Default and Election to Sell or Notice of Sale. The request shall state the name andaddress of the person or entity requesting copies of such notice, shall identify the name of theProject, ,shall identify the Owner of the Lot or Condominium, shall legally describe the31

applicable Lot or Condominium, and shall this Master Declaration by stating Declarant'sname, the title hereof; the date of its recording, and its instrument and book number in theOfficial Records. The party authorized to record the Notice of Default and Election to Sell shall,within ten (10) days of recording such notice, cause to be deposited in the United States mail anenvelope, registered or cettified and with postage prepaid, containing a copy of such notice,addressed to Eligible Mortgagees o± other party who requests such notice. The party authorizedto make tie sale, at least twenty (20) days before the date of sale, shall cause to be deposited inthe United States mail an envelope, registered or cettified and with postage prepaid, containing acopy of the notice of time and place of sale, addressed to (a) each person or entity which hasfiled a tequest for a copy of such notice, and (b) each Mortgagee, or its successor-in-interest,guarantor or insurer on the applicable Lot or Condominium that has submitted a written requestfor notice to the Master Association No request for a copy of any notice filed under theprovisions of this Section shall affect title to the applicable Lot or Condominium.6A7. Estoppel Certificate. Upon payment of a reasonable fee and upon awritten request of any Owner, the Master Association shall fUrnish a written statement settingfbrth the athount of Assessments, chaiges, fines or penalties, if any, due or accrued and thenunpaid with respect to the Owner andlot the Lot or Condominium owned by such Owner and theamount of Assessments for the then current Fiscal Year of the Master Association payable withrespect to the Lot or Condominium o*ned by such Owner, which statement shall, with respect tothe party to whom it is issued, be conclusive against the Master Association that no greater orother amounts are due or accrued and unpaid as ofthe date of issuance of such statement.6.. 18. Liability of Owners and Purchasers, The amount of any Assessment,charge, fme, penalty or other amount owing to the Master Association by any Owner under thisMaster Declaration shall be a joint and several obligation of such Owner and such Owner's heirs,executors and administrators, personal representatives, successors and assigns; provide4however, that an Owner who did not own the Lot or Condominium at the time an Assessment orother sum became due with respect to that Lot or Condominium shall not be personally obligatedwith respect to said Assessment or other sum unless he agreed or agrees to personally assume thesame.6.19. Capital Contributions to the Master Association, Unless VA waives thisrequirement in writing, upon acquisition of record title to a Lot or Condominium by any Owner,except Declarant or Participating Builder, in any Planned Development or Condominium Projectwithin the Project, Owner shall contribute to the capital of the Master Association an amountequal to (1/6) of the amount of the then Annual Assessment for said Lot orCondominium. This amount shall be deposited by the Owner into the purchase and sale escrow,disbursed thereflom to the Master Association, and shall apply to the Annual Assessmentchargeable to such Owner.6,20. Construction Penalties. Each Owner (other than a Participating Builder)shall adhere to the schedule for the design, construction and completion of a residential dwellingon such Owner's Lot as set forth in Exhibit hereto. Each Owner (other than aParticipating Builder) shall complete any Improvement to such Ownefs tesidence or Lot withinsix (6) months after commencement of the same. The construction penalty amounts for failure toadhere to the construction schedules set forth in this Master Declaration are set forth in32

Exhibit D-2" hereto. The initial maximum amount of any construction penalty which may beimposed on a Lot shall be $ 2,500.00.. The Board may increase the maximum amount of theconstruction from time to time, by the recordation of a supplement to this Section of thisMaster Declaration stating the increased niaximum construction penalty amount, provided thatsuch increased maximum construction penalty amount shall only apply to Lots purchased afterthe date Of recordation of such supplement.7. Mortgagee Protection.7.. 1.Subordinauion of Assessments to First Mortgages. All sums assessed pursuantto Section 6 above shall constitute a lien on the respective Lot or Condominium from the timesuch sums become due prior and superior to all other liens and encumbrances thereon, except: (a)liens and encumbrances Recorded before Recordation of this Declarution (b) a First Mortgageon the Lot or Condominium Recorded before the date on which the Assessment sought to beenforced becomes delinquent, except the Master Association lien shall have priority for six (6)months of Annual AsseSsments, including interest, late charges, attorneys' fees and foreclosure orcollection costs, pursuant to NRS 116.3116(0(c), as may be amended from time to time; and (c)liens for real estate taxes and other governmental assessments pr charges against the Lot orCondomim Other than the portion of the Assessment referenced in Section 7.1(b) above, thelien of the Assessments provided for herein shall be subject and subordinate to the lien of anyFirst Mortgage given in good faith and for value on a Lot or Condominium which is Recordedprior to the Recording of any Notice of Delinquent Assessment. Subject to Section 7,1 (b)above, the sale or transfer of a Lot or Condominium thrdugh a foreclosure sale of a FirstMortgage on that Lot or Condominium shall extinguish the lien of any Assessment with respectto Assessments which become due prior to the foreclosure sale or transfer However, no sale ortransfer shall extinguish the Owner's liability for any Assessments which thereafter become dueor from a lien therefrom.7.2 Protection of First Mortgages.. No violation or breach of; or failure to complywith, any provision of this Master Declaration, and no action to enforce any such provision shallaffect, defeat, render invalid or impair the lien of any First Mortgage on any Lot orCondominium taken in good faith and for value and Recorded prior to the time of Recording ofan instrument describing the Lot or Condominium and listing the name or names of the Ownersthereof and giving notice of such violation, breach or failure to comply; nor shall such violation,breach or failure to comply, or action tO enforce, affect, defeat, render invalid or impair the titleor interest of any First Mortgagee, or the fee simple title or interest acquired by any purchaserupon foreclosure of any such First Mortgage, or result in any liability, personal or otherwise, ofany such First Mortgagee or purchaser.Upon foreclosure of any such First Mortgage, such First Mortgagee or purchaser whothereby assumes title to a Lot or Condominium shall be required to correct "past violations"hereof with respect to said Lot or Condominium.8.. Residence and Use Restrictions,, Subject to the exemptions of Declarant andParticipating Builders as set forth herein, all real property currently within or subsequentlyannexed into the Project shall be held, used and enjoyed subject to the following limitations arid33

estrictions and any other provisions set forth in the Restrictions, as may be amended from timeto time.&lJtLSUTaflCe Rates. Nothing shall be on or Condominiumwithin the Residential Area which will increase the rate of insurance on any other Lot orCondominium within a Residential Area without the prior appioval of the Board, nor shallanything be done or kept in the Project which would result in the cancellation of insurance onany other Lot or Condominium in a Residential Area which would be in violation of any law.8,2Ro Further Subdtvision. Subject to Section 11.2 of this Master Declaration,and except as expressly authorized herein or in a subsequently recorded SupplementalDeclaration, no Lot, Condominium, Common Element or Association Property may be ftirthersubdivided (including, without limitation, the subdivision thereof into timeshare estates) withoutthe prior written, approval of the Board; provided, however; that nothing in this Section shall bedeemed to prevent an Owner from, or require the approval of the Board for: (a) selling a Lot orCondominium in a Residential Area; or (b) transferring or selling any Lot or Condominium tomore than one (1) person to be held by them as tenants-in-common, joint tenants, tenants by theentirety or as community property; or (c) subject to the provisions of Section 8.13 of this MasterDeclaration, the leasing or renting by any Owner of any of his Lot or Condominium, providedthat any such lease or rental shall be subject to the Restrictions8,3.Signs. Subject to Section 11.2 of this Master Declaration, no sign, poster,billboard, advertising devise or other display of any kind shall be displayed so as to be visiblefrom outside any Lot or Condominium without the approval of the Design Review Committee,except such signs, the size, dimension and color of which shall be determined by the Board, asmay be displayed on each Lot or Condominium advertising the Lot or Condominium for sale orlease.8 .4 Animals No animals, fowls, reptiles, poultry, fish or insects of any kind("Animal?') shall be raised, bred or kept on any Lot or Condominium within the Project, exceptthat a reasonable number of dogs, cats or other household pets may be kept, provided that theyare not kept, bred or maintained for any commercial purpose, nor kept in unreasonable quantitiesnor in violation of any applicable local ordinance or any other provision of the Restrictions, andsuch limitations as may be set forth in the Exiles and Regulation& As used in this MasterDeclaration, "unreasonable quantities" shall ordinarily mean more than two (2) pets perhousehold; provided, hawever that the Board may determine that a reasonable number in anyinstance may be more or less, The Master Association, acting though the Board, shall have theright to prohibit maintenance of any Animal maintained in or on any Lot or Condominium whichconstitutes, in the opinion of the Board, a nuisance to other Owners of Lots or Condominiums inthe Project. Animals belonging to Owners or their Guests within the Project must be either keptwithin an enclosure, an enclosed yard, or on a leash or other restraint being held by a personcapable of controlling the Animal.. Furthermore, to the extent permitted by law, ahy Owner shallbe liable to each and all remaining Owners and their Guests for any unreasonable noise or fordamage to person or property caused by any Animal brought or kept within the Project by anOwner or his Guesth, and each Owner must clean up after such Animals which have used anyportion of the Project.34

8.5 J'Tuisances. No n3bbish or debris of any kind shall be placed or permitted toaccumulate anywhere within the Project, and no odor shall be permitted to arise therefrom so torender the Project or any portion thereof unsathtar% unsightly or offensive. No noise Or othernuisance shall be permitted to emanate, exist or operate upon any portion of a Lot orCondominium in the Project so as to be offensive or detrimental to the Golf Course Property orany other Lot or Condominium in the Project or to its occupants.. Without limiting the generalityof any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sounddevices (other than security devices used exclusively for security purposes, which the Boardshall approve), noisy or smoky vehicles, large power equipment or large power tools, unlicensedoff-road motor vehicles, motorized scooters used for amusement purposes, or other items whichmay unreasonably disturb other Owners or their Guests shall be located, used or placed on anyportion of the Project. No motorcycles, dirt bikes or other mechanized vehicles may be operatedupon any portion of the Association Property not improved as a street without the prior, writtenapproval of the Design Review Committee, which approval may be withheld for any reasonwhatsoever, Alarm devices used exclusively to protect the security of a Lot or Condominiumand its contents shall be permitted, provided that such devices do not produce annoying soundsor conditions as a result of frequently occurring false alarms, Notwithstanding the foregoing,nothing contained herein shall be deemed to prevent Declarant, any Participating Builder or theowner of the Golf Course Property 11cm using heavy equipment, tools or other devices forcompletion of the Project, consistent with Section of this Master DeclarationS .6 Exterior Maintenance and Repair; Owner & Obligations. No limprovementanywhere within the Project shall be permitted to fall into disrepair and each Improvement shallat all times be kept in good condition and repair.. If any Owner or Subassociation shall permitany Improvement, which is the responsibility of such owner or Subassociation to maintain, tofall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, theBoard, after consulting with the Design Review Committee, and afier affording the Owner orSubassociation of such property Notice and Hearing, shall have the right, but not the obligation,to correct such condition and to enter upon such Owner's Lot or Condoniiniurn, or upon theSubassociation's Common Elements, for the purpose of doing so, and such Owner orSubassociation, as the case may be, shall promptly reimburse the Master Association for the costthereof. Such cost shall be a Special Assessment enforceable in the manner set forth in Section 6of this Master Declaration, and the Subassociation or other Owner of the offending CommonElements, Lot or Condominium shall be personally liable for all costs and expenses incurred bythe Master Association in taking such corrective acts, plus all costs incurred in collecting theamounts due. Each Owner shall pay all amounts due for such work within ten (10) days afterreceipt of written demand therefor.S.7.Drainage. There shall be no interference with the established drainage patternover any Lot or Condominium so as to affect any other Lot or Condominium, unless an adequatealternative provision, previously approved in writing by the Design Review Committee, is madefor proper drainage. For the purpose hereoi "established drainage" is defined as the drainagewhich exists at the time the Lot, Condominium or Common Elements, as the case may be, isconveyed to an Owner or Subassociation by Declarant or a Participating Builder; or later gradingchanges which are shown on plans approved by the Design Review Committee, which mayinclude drainage from the Association Property over any Lot, Condominium or CommonElements in the Project.35

&8. Water and Sewer Systems.. No individual water supply system, water softenersystem or sewage disposal system shall be permitted on any Lot or in any Condominium unlesssuch system is designed, located, constructed and equipped in accordance with the requirements,standards and jecommendations of the applicable water or sewer district and any. applicablegovernmental health authority having jurisdiction.8 .9 iTo Hazardous Activities.. No activities shall be conducted, nor shall anyImprovements be constructed, operated or maintained anywhere in the Project which are ormight be unsafe or hazardous to any Person, Lot or Condominium in the Project..8,10. Unsightly Articles. No unsightly articles shall be permitted to remain onany Lot or in any Condominium so as to be visible from any public or private street or from anyother Lot or Condominium. Without limiting the generality of the foregoing, refuse, garbage andtrash shall be kept at all times in covered, sanitary containers or enclosed areas designed for suchpurpose.. Such containers shall be exposed to the view of neighboring Lots, Condominiums, theGolf Course Property and the Association Property only when set out for a reasonable period oftime (not tO exceed twelve (12) hours before and after scheduled trash collection hours) Thereshall be no exterior fires whatsoevei except barbecue fires contained within receptaclescommercially designed ther for such that they do not create a fire hazard, and except asspecifically authorized in writing by the Master Association (and subject to applicable ordinancesand fire regulations)..8.11. No Temporary Structures, Unless approved in writing by the Board incOnnection with the construction of authorized Improvements, no tent or shack or othertemporary building, Improvement or structure shall be placed upon any portion of the Project..8.12. No Mining and Drilling. No portion of the Project shall be used for thepurpose of mining, quarrying, cfrilling, boring or exploring for or removing water; oil, gas orother hydrocarbons, geothermal heat, minerals, rocks, stones, gravel or earth, nor shall oil, wateror other wells, tanks, tunnels or mineral excavations or shafts be permitted upon the surface ofany portion of the Project or within five hundred (500) feet below the surface of the Project..3.13, Single-Family Use, All Lots and Condominiums in any Residential Areasshall be improved and used solely for single-Family residential use; provide4 howevei that thisprovision shall not preclude any Owner in the Project from renting or leasing all of his Lot orCondominium by means of a one (1) year written lease or rental agreement subject to theRestrictions. No Lot or Condominium in a Residential Area shall ever be used or caused to beused or allowed or authorized to be used in any way, directly or indirectly, for any business,commercial, manufacturing, mercantile, storage, vending or other such nonresidential purposes,except Declarant and Participating Builders, their successors and assigns, may use any portion ofthe Project owned by them for a model home site and display and sales office during theconstruction and sales period in accordance with Section 11 of this Master Declaration, Theprovisions of this Section 8.13 shall not preclude professional and/or administrative occupationswithout external evidence thereof, for so long as such occupations are conducted in conformancewith all applicable governmental ordinances and are merely incidental to the use of the Lot orCondominium as a Residence.36

8.14. Improvements.(a) No Lot or Condominium in a Residential Area shall be improvedexcept with one (1) residential dwelling designed to accommodate no moie than one (1)a garage, fencing and other Improvementsas are necessary or customarily incident to aResidence. No part of theconstruction on any Lot or Condominium shall exceed two (2) stories in height above thepad.. Chimneys or railirgs, provided such are, in the sole opinion of the Design ReviewCommittee, of normal size, height and distribution and in keeping with the maintenanceof views, may rise above the two (2) story construction limit. No projections of any typeshall be placed or permitted to remain above the roof of any building within the Project,except one or more chimneys or vent stacks. No basketball backboard or other sportsapparatus shall be constructed or maintained within the Project without the prior writtenof the Design Review Committee. No patio cover; wiring or air conditioningfixture, water softeners or their devices shall be installed on the exterior of a Residence orbe allowed to protrude through the walls or roof of the Residence (with the exception ofthose items installed during the original construction of the Residence), unless the priorwritten approval of the Design Review Committee is obtained..(b) All utility and storage areas and all laundry rooms, including all areasin which clothing or other laundry is hung to dry, must be completely covered andconcealed from view from other areas of the Project.(c) No fence or wall shall be erected, altered or maintained along theboundary line of any Lot, Condominium or Common Element which borders a publicstreet or any of the Association Property unless such fence or wall is first approved inwriting by the Design Review Committee. No fence or wall shall be erected, altered ormaintained on the Golf Course Property or the Golfscape, unless constructed by theDeclarant or a Participating Builder with the approval of the Declarant. All alterations ormodifications of the fences or walls of any type shall require the prior written approval ofthe Design Review Committee.8.. 15, Landscaping. Within six (6) months after the Close of Escrow for the saleof a Lot or Condominium within the Project to an Owner other than a Participating Builder; theOwner shall install and shall thereafter maintain (except for that landscaping to be maintained bythe Master Association or a Subassociation) the landscaping on his Lot or adjacent to hisCondominium, in a neat and attractive condition. No plants or seeds infected with insects orplant diseases shall be brought upon, grown or maintained upon any part of the Project.. TheBoard may adopt Rules and Regulations proposed by the Design Review Committee to regulatelandscaping. If an Owner fails to install and maintain landscaping in conformance with suchRules and Regulations, or shall allow his landscaping to deteriorate to a dangerous, unsafe,unsightly or unattractive condition, the Board, upon thirty (30) days prior written notice to suchOwner; shall have the right to enter upon such Owner's property for the purpose of doing so, andthe Owner be liable for the cost thereof Such cost shall be imposed against the Owner as aSpecial Assessment.. The Board shall also have the power; upon Notice and Hearing as providedfor herein and in the Bylaws, to levy a fine upon Owner for non-compliance with Rules andRegulations..37

8.16. Parking and Vehicular Restrictions.. No Owner shall park, store or keepon any street (public or private) within the Project any large commercial type vehicle (including,but not limited to, any dump truck, cement mixer truck, oil or gaä truck, or delivery truck); anyrecreational vehicle (including, but not limited to, any camper or motor home); any bus, trailer,trailer coach, camp trailer, boat, aircraft or mobile home; or any inoperable vehicle or any othersimilar vehicle. The above excludes camper trucks and similar vehicles up to and designated bythe Board., including three-quarter (3/4) ton when used for everyday4ype transportation andsubject to approval by the Board.. In addition, no Owner shall park, store or keep anywherewithin the Project any vehicle or vehicular equipment, mobile or otherwise, deemed to be anuisance by the Board.. All trailers, campers, motor homes and similar recreational vehicles shallbe parked in enclosed garages or otherwise adequately screened from view by way of a structureapproved by the Design Review Committee. Garages shall be kept closed at all times, except asreasonably required for ingress to and egress from the interiors of the garages. No Owner of aLot or Condominium shall conduct repairs or restorations of any motor vehicle, boat, trailer oraircraft upon any portion of any Lot or Condominium or elsewhere within the Project exceptwholly within the Owner's garage; provide4 however; that such activity shall at no time bepermitted if it is determined by the Board to be a nuisance.. Notwithstanding the foregoing, theserestrictions shall not be interpreted in such a manner so as to permit any activity which would becontrary to any local ordinance.817. Antennas; Satellite Dishes, Except with the prior written approval of theBoard or its designated committee, which approval shall not be unreasonably withheld, andsubject to the provisions of the Telecommunications Act of 1995 and the provisions of47 C,F.R. 14000, as amended from time to time, or any subsequent federal or state lawapplicable to common-interest communities, no outside television or radio aerial or antenna orother device, including, but not limited to, satellite dishes, for the reception or transmission oftelevision or other electronic signals, shall be erected or maintained upon any Lot orCondominium or any property appurtenant thereto. The application for approval shall be inwriting and sent to the Board or its designated committee by certified mail and shall provide theplans and specifications showing the location, nature, shape, height, materials, coloz type ofconstruction and any other information specified by the Board or its designated committee. TheBoard or its designated committee may publish written architectural standards for exterioralterations and additions, and any request in substantial compliance therewith shall be approved.Notwithstanding anything to the contrary contained herein, any application for approval withrespect to antennas and/or satellite dishes shall be renewed by the Board or its designatedcommittee within ten (10) days after the receipt by the Board or the designated committee of allrequired materials.9. Architectural and Landscaping Con trol..9.1 Members of Design Review Committee,. The Architectural and LandscapingCommittee, sometimes referred to in this Master Declaration as the Design Review Committee,shall consist of five (5) members; provided, however; that such number may be increased ordecreased by resolution of the Board, the Desigii Review Committee shall be initially staffed bythree (3) persons, each of whom shall be a reprsentative of Déclarant. Members of the DesignReview Committee may be removed at any time, with or without cause, by the Person appointingsuch member as provided herein.. The Board shall have the right to appoint and remove, with or38

without cause, the two (2) other members of the Design Review Committee at the organizationmeeting of the Board following the first meeting of the Delegates of the Master Association. Atleast one (1) Design Review Committee member appointed by the Board shall be an Owner of aLot Or Condominium and be other than a representative of Declarant. Unless changed byresolution of the Board, the address of the Design Review Committee for all purposes, includingthe submission of plans for approval, shall be at the principal office of the Master Association, asdesignated by the Board pursuant to theBy Declarant. Declarant shall have the right to appoint a majority ofthe members of the Design Review Committee, three (3) members, until the earliestto occur of the following:(i)Such time as neither Declarant nor any ParticipatingBuilder owns any property in the Project and the AnnexableArea; or(ii)Twenty (20) years from the Recordation of this MasterDeclaration.(b) By the Board. The Board shall have the right to appoint and remove,with or without cause, those members of the Design Review Committee which Declarantis not authorized to appoint until such time as Declarant's rights of appointment shallhave expired and, thereafieç, the Board shall have the right to appoint and remove, withor without cause, all members of the Design ReviewDesign ReviewCommittee members appointed by the Board shall serve for a term of one (1) year or untiltheft respective successors are appointed.(c) Notice ofWhenever an Design Review Committeemember is appbinted or removed while both Declarant and the Board have rights ofappointment, written notice of such appointment or removal shall be given by theappointing party to the other party.93 .Submissi on of Plans and Subject to Section 10 of this MasterDeclaration, no construction, alteration, grading, addition, excavation, modification, decoration,redecoration or reconstruction of an Improvement within the Project, or other activity within thejurisdiction of the Design Review Committee pursuant to this Master Declaration (collectively,"Construction Activities"), shall be commenced or maintained by any Owner until the plans andsp6cifications therefor showing the nature, kind, shape, height, width, color, materials andlocation of the same shall have been submitted to the Design Review Committee and approved inwriting by the Design Review Committee, as follows:(a) Declarant and Participating Builders, Declarant need not seekapproval of the Design Review Committee with respect to any of its ConstructionActivities. Participating Builders must obtain the Declarant's approval in the mannerprovided for in any Development Declaration recorded against the Property or any39

Annexable Area and may, in the Board's sole discretion, be required to comply with theprovisions herein.(b) Subassocialions and 0/her Owners. Each Subassociãtion and allOwners (other than as specified in Subsection 9.3(a) above) must obt?in Design RevIewCommittee approval in the manner provided herein for any Construction Activity on theirLot or Condominium.Persons submitting plans and specifications to the Design Review Committeemust obtain a dated, written receipt for such plans and specifications and fbrnish the DesignReview Committee with the address to which communications froth the Design ReviewCommittee are to be directed.9.4Review of Plans and Spec(fications. The Design Review Committee shallconsider and act upon any and all plans and specifications submitted for its approval under thisMaster Declaration and perform such other duties S are specified in this Mastcr Declaration orare from time to time assigned to it by the Board, including the inspection of construction inprogress to assure its conformance with plans approved by the Design Review Committee., TheDesign Review Committee shall approve plans and specifications submitted for its approval onlyif it deems that: (a) the construction, alterations or additions contemplated thereby, in thelocations indicated, will not be detrimental to the appearance of the surrounding area or theProject as a whole; (b) the appearance of any structure affected thereby will be in harmony withthe surrounding structures; (c) the construction thereof will not detract from the beauty,wholesomeness and attractiveness of the Association Property or the enjoyment thereof by theMembers; and (d) the upkeep and maintenance thereof will not become a burden on the MasterAssociation..The Design Review Committee may condition its approval of proposals or plansand specifications for any Improvement: (i) upon the agreement by the person (referred to in thisSection as "Applicant') submitting the same to finnish to the Design Review Committee a bondor other security acceptable tp the Design Review Committee in an amount reasonably sufficientto (A) assure the completion of such Improvement Or the availability of finds adequate toremedy any nuisance or unsightly conditions occurring as a result of the partial completion ofsuch Improvement, and (B) to protect the Master Association and the other Owners againstmechanic's liens or otherwhich may be Recorded against their respective interestsin the Project or damage to the Association Property as a result of such worlç (ii) on suchchanges or modifications therein as it deems appropriate; (iii) upon the agthement by theApplicant to grant appropriate ewements to the Master Association for the maintenance of theImprovement; (iv) upon the agreement of the Applicant to reimburse the Master Association forthe Oost of maintenance; (v) upon agreement of the Applicant to replace such removed trees asmay be by the Design Review Committee; (vi) upon agreement of the Applicant tosubmit "as-built" record drawings certified by a licensed architect or engineer which describe theImprovements in detail as actually constructed upon completion of the Improvewents; and/or(vii) such other conditions as the Design Review Committee may reasonably determine to beprudent and in the best interests of the Master Associatiou. The Design Review Committee maythither require subthission of addition! plans and specifications or other information prior toipproviñg or disapproving material submitted.40

Each Owner agrees to construct any Improvements according to and consistentwith Nevada including, but not limited to, obtaining all necessary permits, licenses andgovernmental approvals. In addition, each Owner is responsible to notify the MasterAssociation, in ivriting, that the work or construction is completed ("Notice of Completion").The Design Review Committee may also issue rules or guidelines setting forthprocedures for the submission of plans for approval, requiring a fee to accompany eachapplication for approval (or request for a certificate stating that Design Review Committeeapproval is not required), or stating additional factors which it will take into consideration inreviewing submissions. The Design Review Committee may provide that thetmount of such feeshall be uiilform, or that it may be determined in any other reasonable such as basedupon the reasonable cost of the construction, alterations or additions contemplated ir the cost ofarchitectural or other professional fees incurred by the Master Association in reviewing plans.The Design Review Committee may require such detail in plans andspecifications submitted for its review as it deems including, without limitation, floorplans, site plans, druinage plans, landscaping plans, elevation drawings and description, orsamples of exterior material and colors, and may require that plans and specifications besubmitted in one or more The Design Review Committee may further requite that allplans and specifications first be approved by any Subassociation having jurisdiction over the Lotor Condominiuni, Until receipt by the Design Review Committee of any required plans andspecifications and any Subassociation approval, the Design Review Committee may pOstponereview of any plan submitted for approval (or determination ofSubject to theforegoing, decisions of the Design Review Committee and the reasons therefor shall betransmitted by the Design Review Comniittee to the Applicant at the address furnished by theApplicant within (45) days after the date of receipt issued by the Design ReviewCommittee for the materials required by the Design Review Committee. Any application orrequest for certificate of exemption submitted pursuant to this Section shall be deemed approved,unless written disapj*oval or a request for additional information or materials by the DesignReview Committee shall have been transmitted to the Applicant within forty-five (45) days afterthe date of receipt by the Design Review Committee of all required materials.The Design Review Committee will condition any approval required in thisSection 9 upon, among other things, compliance with Declarant's (a) design criteria, (b)Improvement standards, and (c) development standards, as amended from time to time, all ofwhich are incorporated herein by this reference.Meetings of/he Design Review Committee. The Design Review Committeeshall meet frOm time to time as necessary to perform its duties hereunder The Design ReviewCommitteQ may from time to time, by resolution unanimously adopted in writing, designate anDesign Review Committee representative (who may, but need not, be one of its members) to takeany action or perform any duties for and on behalf ofthe Design Review Committee, except thegranting of variances pursuant to Section 11 of this Master Declaration. In the absence of suchdesignation, the vote of a majority of the members of the Design Review Committee, or thewritten consOnt of a majority of the members of the Design Review Committee taken without ameeting, shall constitute an act of the Design Review Committee.41

9,6J'Jo Waiver of Future Approvals.. The approval of the Design ReviewCommittee of any proposals, plans, specifications or drawings for any work done or proposed orin connection with any other matter requiring the approval and consent of the Design ReviewCommittee ëhail not be deemed to constitute a waiver of any tight to withhold approval orconsent as to any sithilar prdposals, plans and specifications, drawings or matters subsequentlyor additionally submitted for approval or consent.9.TCompensation of Members. The members of the Design Review Committeeshall receive no compensation for services rendered, other than reimbursement by the MasterAssociatiOn for expenses incurred by them in the performance of theft duties hereundetthe foregoing, if a licensed architect is a member of the Design ReviewCommittee, said architect may be entitled to compensation for his architectural services.9 8.Coirection of Defects. Inspection of work and correction of defects thereinshall proceed as(a) The Design Review Committee or its duly appointed representativemay at any time inspect any Improvement for which approval of plans is required underthis Section However, the Design Review Committee's right of inspection ofImprovements for which plans have been submitted and approved shall terminate sixty(60) days after the work of Improvement has been completed and the respective. Ownerhas given a Notice of Completion to the Design Review Committee. The Design ReviewCommittee's rights, of inspection shall not terminate pursuant to this paragraph if plansfor the work of Improvement have not previously been submitted to and approved (ordetermined exempt) by the Design Review Committee.. as a result of such inspection,the Design Review Committee finds that such Improvement was done without obtainingapproval of the plans therefor or was not done in substantial compliance with the plansapproved by the Design Review Committee, it shall notify the Owner in writing of failureto comply with this Section 9 within thirty (30) days from the inspection, specifying theparticulars of noncomplianct The Design Review CommiDtee shall have the authority torequire the Owner to take such action, at Owner's sole cost and expense, as may benecessary to remedy the noncompliance(b) 1f upon the expiration of thirty (30) days from the date of suchnotification of noncompliance, the Owner has failed to remedy such noncompliance, theDesign Review Committee shall notify the Board in writing of such failure. Upon Noticeand Hearing as provided in the Bylaws, the Board shall determine whether there is anoncompliance and, if so, the nature thereof and the estimated cost of correcting orremoving the same. if a noncomplia,nce exists, the Owner shall remedy or remove thesame within a period of not more than thirty (30) days from the date that flotice of theBoard ruling is given to the Owner. ifthe Owner does not comply witi the Board rulingwithin that period, the Board, at its option, may (i) Record a notice ofnoncompliance; (ii)peacefully remedy theand the Owner shall reimburse the MasterAssociation, upon demand, for all expenses incurred in connection therewith; and/or (iii)a fine, construction penalty or other penalty against the Owner in withthe procedures specified herein and in NRS Chapter 116. If such expenses are notpromptly repaid by the Owner to the Master Association, the Board shall treat the amount42

of such expenses as a Speciai Assessment against said Owner. The right of the MasterAssociation to remove a noncomplying Improvement or otherwise remedy thenoncompliance shall be in addition to all other rights and remedies which the MasterAssociation may have at law, in equity or in this Master Declaration.(c) If for any reason the Design Review Committee fails to notify theOwner of any noncompliance with the Owner's previously submitted and approved pianswithin sixty (60) days after receipt of Notice of Completion from the owner, theImprovement shail be deemed to be in accordance with such approved plans.(d) All construction, alteration or other work shall be performed promptly,diligently, in a workmanlike manner and in accordance with all governmental restrictionsor regulations, and shall be completed within one (1) year afier the date on which thework commenced.9.9.Scope of Review. The Design Review Committee shall review and approve ordisapprove all plans submitted to it for any proposed Improvement, alteration or addition solelyon the basis of the considerations set forth in Sections 9.3 and 9.4 of this Master Declaration.The Design Review Committee shall not be responsible for reviewing, nor shall its approval ofany plan or design be deemed approval any plan or design from the standpoint of structuralsafety or conformance with building or other codes.,9.10,, Appeal. Any Owner aggrieved by a decision of the Design ReviewCommittee may appeal the decision to the Design Review Committee in accordance withprocedures to be established by the Design Review Committee. Such procedures would includethe requirement that the appellant has modified the requested action or has new informationwhich would, in the Design Review Committee's opinion, warrant reconsideration, If the DesignReview Committee fails to allow an appeal or if it, after appeal, again rules in a manneraggrieving the appellant, the decision of the Design Review Committee is final.9.11.. Variances. The Design Review Committee may recommend, and theBoard may grant, variances from compliance with any of the architectural provisions of thisMaster Declaration or any Supplemental Declaration, including, without limitation, restrictionsupon height, size, floor area, placement of structures or similar restrictions when circumstancessuch as topography, natural obstructions, hardship, aesthetic or environmental considerationsmay require. Such variances must be evidenced in writing, must be signed by at least a majorityof the members of the Design Review Committee and shall become effective upon Recordation.If' such variances are granted, no violation of the covenants, conditions and restrictions containedin this Master Declaration or any Supplemental Declaration shall be deemed to have occurredwith respect to the matter for which the variance was granted.. The granting of such a varianceshall not operate to waive any of the terms and provisions of this Master Declaration or anySupplemental Declaration for any purpose except as to the particular Lot or Condominium andparticular provision hereof covered by the variance, nor shall it affect in any way the Owner'sobligation to comply with all governmental laws and regulations affecting the use of the Lot orCondominium, including, but not limited to, zoning ordinances and setback lines or otherrequirements imposed by the applicable governmental authorities. The granting of a varianceshall not be deemed to be approval from the standpoint of compliance with such laws or43

egulations, nor from the standpoint of structural and the Design Review Committee,provided it acts in good faith, shall not be liable for any damage to an Owner as a result of itsgranting or denying of a variance.If the Design Review Committee recommends the valiance, then the matter isreferred to the Board. If the variance request is denied, then the Owner denied the variance mayappeal the matter to the Board.. The Board shall schedule a hearing on the matter within thirty(30) days of receiving the written recommendation from the Design Review Committee orwritten notice of the appeal from the Owner The decision of the Board is a final deterwinationon the matter and no appeal can be taken therefrom..9A2. Certain Exceptions.. The Design Review Committee may also exemptcertain types or classes of Improvements from the provisions of this Section 9 under writtenguidelines or rules promulgated from time to time by the Design Review Committe.e andapproved by the Board i1 in the exercise of the Design Review Committee's judgment, approvalof such types or classes of Improvements is not required to carry out the purposes of this MasterDeclaration.9.13. Non-Liability for Approval of Plans. The Design Review Committee'sapproval of proposals or plans and specifications shall not constitute a representation, warrantyor guarantee, whether express or implied, that such proposals or plans and specifications complywith good engineering design or with zoning or building ordinances, or other governmentalregulations or restrictions. By approving such proposals or plans and specifications, neither theDesign Review Committee, the members thereof; the Master Association, the Board of Directorsnor Declarant assumes any liability or responsibility therefor, or for any defect in the structureconstructed from suOh proposals or plans orNeither the Design ReviewCommittee, any member thereof; the Master Association, the Board of Directors nor Declarantshall be liable to any Member, Owner, occupant, or other Person or entity for any damage, loss orprejudice suffered or claims on account of (a) the approval or disapproval of any proposals, plansand specifications and drawings, whether or not defective, or (b) the construction or performanceof any work, whether or not pursuant to the approval proposals, plans and specifications anddrawings.9,14, Deckirant Exemption. The Design Review Committee shall have noauthority, power or jurisdiction over Lots or Condominiums owned by Declarant, and theprovisions of this Section 9 shall not apply to Lots or Condominiums owned by Declarant untilsuch time as Declarant conveys title to the Lot or Condominium to a pigchaser thçreof. ThisSection shall not be amended without Declarant's written consent set forth on the amendment..10. Damage, Destruction or Condemnation of Association Property. Damage to,destruction of or condemnation of all or any portion of the Association Property shall be handledin the following manner.10.1. Damages by Member. To the extent permitted by law, each Owner shallbe liable to the Master Association for any damage to the Association Property not frillyreimbursed to the Master Association by insurance II' the damage is sustained because of thenegligence, willful misconduct or unauthori±ed or improper installa ion or maintenance of any44

Improvement by the Owner or his Family or Guests, or any other Persons deriving theft right andeasement of use and enjoyment of the Association Property from the O*ner or his or theirrespective Family and Guests. However, the Master Association, acting through the Board,reserves the right to determine whether any claim shall be made upon the insurance maintainedby the Master Association, and the Mast& Association further reserVes the right, after Notice andHearing S provided in the Bylaws, to assess a Special Assessment against the Owner in anamount equal to the increase, if any, in insurance premiums directly attributable to the damagecaused by the Owner or the Person for whom the Owner may be liable as described above. Inthe case of joint ownership of a Lot or Condominium, the liability of the Owners shall be jointand several, except to the extent that the Master Association shall have previously contracted inwriting with the joint Owners to the contrary.102. Repair of Damages. In the case of damage by fire or other casualty to theAssociation Propert) any insurance proceeds payable by reason thereof shall be paid to theMaster Association which, upon receipt of the insurance proceeds, shall contract for the repair orreplacement of all the Association Property so damaged. The Master Association shall levy aReconsttudtion Assessment on Owners to satisfy any shortfall between the insurance proceedsreceived and the actual replacement or reconstruction costs, in the same manner and proportionthat Annual Assessments are levied against and collected from Owners. Notwithstanding theforegoing, any restoration or repair of the Association Property after damage dire to an insurablehazard shall be performed substantially in accordance with the original plans and specifications.10.3. Condemnation, If' at any time all or any portion of the AssociationProperty or any interest therein, is taken for any public or quasi-public use under any statute byright of eminent domain or by private purchase in lieu of eminent domain, the award incondemnation shall be paid to the Master Association. Any such award payable to the Mastershall be deposited in the operating find, No Member (other than a Member onwhose Lot or Condominium such Association Property may be located) shall be entitled toparticipate as a party or otherwise in any proceedings relating to such condemnation. The MasterAssociation shall have the exclusive right to participate in such proceedings and shall, in itsname alone, represent the interests of all Members.. The Board, immediately upon receivingknowledge of any taking by eminent domain of the Association or any portionor any threat shall promptly notify all Owners, and all insurers and holders of FirstMortgages on Lots or Condominiums, who filed written request for such notice.10.4. Notice to Owners and Listed Mortgagees. The Board, immediately uponhaving knowledge of any damage or destruction affecting a material portion of the AssociationProperty shall pr'omptly notify all Owners and holders, insurers and guarahtors of FirstMortgages on Lots or Condominiums who have filed a written request for such notice. TheBoard, immediately upon having knowledge of any damage or destruction affecting a Lot orCondominiuth, shall promptly notify the insurer and guarantor of the First Mortgage onsuch Lot or Condominium.11. Interest and Exempti on of Declarant..11.1.. Interest of Deckircint.. It is acknowledged that the Property is a portion ofa larger parcel of land which Declarant is causing .to be developed into a master planned45

community. Declarant, in cooperation with the City of Mesquite, has created. a master plan forthe development of the Ptoject which includes modern mastçr planning objectives which havebéön formulated for the common good and enhancement of property values within theéommunity. Each Owner of a Lot or Condominium which is part of the Project acknowledges,by aeóeptance of a deed or other conveyance therefor; whether or not it shall be so expressed inany deed or other instrument, that Declarant has a substantial interest to be prOtected withregard to assuming compliance with and enforcement of the covenants, conditions, restrictionsand reservations contained in this Master Declaratiofl and any amendments hereto and anySupplemental Declarations Recorded pursuant to this Master Declaratioa Notwithstanding anyother prOvisions of the Restrictions, until such time as Declarant and all Participating Builders nolonger own any Lots or Condominiums in the Property of the Annexable Area, the followingactions, before being undertaken by the Delegates or the Master Association, shall first beapproved in writing by Declarant:(a) Any amendment or action requiting the approval of EligibleMortgagees pursuant to this Master Declaration, including, without limitation, allamendments and actions specified in Sections 132(c) and 133 of this Master Declarationor specifically requiring the approval of Declarant pursuant to Section 132(a) of thisMaster Declaration;(b) The annexation to the Project of real property, other than theAnnexable Area, pursuant to Section 2.4 of this Master Declaration;(c) The levy of a Capital Improvement Assessment for the construction ofnew facilities not originally included in the Association Property;services; or(d) Any sIgnificant reduction of Master Association maintenance or other(e) Any documents creating or governing a Subassociation, including, butnot limited to, any Supplemental Declaration..112. Exemption of Declarant Nothing in the Restrictions shall limit and noParticipating Builder; Owner, Subassociation or the Master Association shall do anything tointerfere with the right of Declarant to subdivide or resubthvide any portion of the Project, or theright of Declarant to complete excavation, grading and construction ofthe to andor to construct such additional Improvements as Declarant deems advisable in thecourse of development of the Project, so long as any portion of the Project is owned byDeclarant, Such right shall include, but shall not be limited to, carrying on by Declarant of suchgrading work as may be approved by any agency having jurisdiction, and erecting, constructingand maintaining within the Project such structures, signs and displays as may be reaáonablynecessary for the conduct of its business..This Master Declaration shall not limit the right ofDeclarant, at any time prior toacquisition of title to a Lot or Condominium by a purchaser from Declarant or a ParticipatingBuilder; to establish on the Cominon Elements, Association Property or any Lot or on the46

property adjacent to the Condominium, as the case may be, additional licenses, easements,reservations and rights-of-way to itself; to utility companies, or to others as may from time totime be reasonably necessary to the proper development and disposal of the Project:! Prospectivepurchasers, Declarant and Participating Builders shall have the right to use all and any portion ofthe Association Property for access to the sales facilities of Declarant.. Declarant may use anystructureS owned by Declarant in the Project as model home complexes or real estate salesAll or any portion of the rights of Declarant hereunder and elsewhere in theseoffices!!Restrictions may be assigned by Declarant to a Participating Builder or to any successor-ininterest,with respect to any portion of Declarant's interest in any portion qf the Project, by aRecorded, written assignment which specifies the rights of Declarant or such ParticipatingBuilder so assigned.. Notwithstanding any other provision of this Master Declaration, the Priorwritten approval of Declarant, which may be withheld in its sole discretion, as developer of theProject, will be required before any amendment to this Section 11 shall be effective., The rightsand reservations of Declarant set forth in this Section 11.2 shall terminate on the twentieth (20th)anniversary of the first Close of Escrow for the sale of a Lot or Condominium in the Project.11,3.. Developmental Rights of Declarant; Special Declcrrant 's Rights. Anyother provision herein notwithstanding, pursuant to NRS 116.2105(l)(h), Declarant reserves thefollowing developmental rights and other special Declarant's rights, on the terms and conditionsand subject to the expiration deadlines, if any, set forth herein;(a) Exercise of Developmental Rights. Pursuant to Chapter 116 of NRS,Declarant hereby reserves the right to: (I) add real estate to the common interestcommunity, for as long as Declarant owns any portion of the Annexable Area, pursuant toArticle 2 hereof; (2) create Units, common elements or limited common elements withinthe common interest community; (3) subdivide Units or convert Units into commonelements; (4) withdraw real estate from the common interest community, pursuant toArticle 2 hereof. No assurances are made by Declarant with regard to the boundaries ofthose portions of the Project which may be annexed, subdivided or withdrawn or theorder in which such portions may be annexed, subdivided or withdrawn.(b) Developmental Rights Within Common Interest Community. TheDeclarant reserves the right to exercise its developmental rights, including the right toannex the Annexable Area to the Project, pursuant to the provisions of Article 2 of thisMaster Declaration.(c) Right to Complete Improvements and Construction Easement.Declarant reserves, for the period of time set forth in Section 11.2 of this Article, the rightto cause to be completed the construction of the Improvements on the Project, and aneasement over the Project for such purpose(d) Offices, Model Homes and Promotional Signs. The Declarant maymaintain offices for sales and management and models in any Lot or Condominium itowns in the Project, and signs anywhere on the Association Property for so long asDeclarant is the Owner of a Lot or Condominium.47

(e) Merger; Consolidation.. The Declarant reserves the right, prior to theend of the Declarant's Period of Control of the Board as provided for in Section44(b)(iii), to meige or consolidatô the Project into another common-interest communityof the same form of ownership.(f) Appointment and Removal of Directors. The Declarant reserves theright to appoint and remove the officers of the Master Association and the members of theBoard, as set fOrth in Section 4.4(b) of this Master Declaration, for the time period setforth therein.12 Insurance..12,1,. Duty to Obtain Insurance; Twes.. The Boar4 shall cause to be obtainedand maintained adequate blanket public liability insurance (including medical payments), withsuch limits as may be considered acceptable to FNMA (not less than One Million Dollars($1,000,000) coveting all claims for personal injury and property damage arising out of a singleoccurrence), insuring against liability for bodily death and property damage arising fromthe activities of the Master Association and its Members with respect to the Association Propertyand any other property under its jurisdiction.. The Board shall also cause to be obtained andmaintained fire and casualty insurance with extended coverage, without deduction fordepreciation, in an amount as near as possible to the full replacement value of any Improvementson the Association Property. Such insurance shall be maintained for the benefit of the MasterAssociation, the Owners, Declarant and the Mortgagees, subject, however, to loss paymentrequirements as set forth herein. The Board shall purchase such other insurance asincluding, but not limited to, errors and omissions, directors, officers and agents' liabilityinsurance, plate glass insurance, medical payments, malicious mischief; liquor liability andvandalism insurance, fidelity bonds and workman's compensation, and such other risks as shallcustomarily be covered with respect to Projects similar in construction, location and use.Fidelity bond coverage, as set forth below, must be obtained by or on behalf of the MasterAssociation for any person or entity handling funds of the Master Association, including, but notlimited to, officers, directors, trustees and employees of the Master Association, whether or notsuch persons are compensated for their services, and employees of the Manager, whether suchManager is an employee or an independent contractor. The aggregate amount of such fidelitybonds shall not be less than a sum equal to one-fourth (1/4) of the aggregate Annual Assessmentson all Lots and Condominiums in the Project, plu,s the amount of the reserve fund..Notwithstanding any other piovision herein, the Master Association shall continuously maintainin effect such casualty, flood and liability insurance and a fidelity bond meeting the insuranceand fidelity bond requirements established by the FNMA, GNMA, FHILMC, VA and FHA, solông as any of such is an Owner of a Lot or Condominium or holder or insurer of a Mortgage ona Lot or Condominium in the Project, except to the extent such coverage is not available or hasbeen waived in writing by the FNIIvIA, ONMA, FIHLMC, VA and FHA, as applicable.Certificates of insurance shall be issued to each Owner and Mortgagee upon written request.12.2.. Waiver of Claims Against Master Association. All policies of insurancemaintained by or for the benefit of the Master Association shall provide, if reasonably possible,for waiver of the fàllowing rights to the extent that the respective insurers would have the tightswithout such48

(a) subrogation of claims against the Owners and tenants of the Owners;(b) any defense based upon co-insurance;(c) any right of set-og counterclaim, apportionment, proration orcontribution by persons of other insurance not carried by the Master Association;(d) any invalidity other adverse effect or defense on account of anybreach of warranty or condition caused by the Master Association, any Owner or anytenant of any Owner or arising from any act, neglect or omission of any named insuredor the respective agents, contractors and employees of any insured;(e) any right of the insurer to repaii; rebuild or replace and, if theImprovement is not repaired, rebuilt or replaced following loss, any right to pay under theinsurance an amount less than the replacement value of the Improvements insured;(f) notice of the assignment of any Owner of his interest jn the insuranceby virtue of a conveyance of any Lct or Condominium; and(g) any right to require any assignment of any Mortgage to the insurer.The Master Association and the Owners hereby waive and release all claimsagainst one another, the Board and Declarant to the extent of the insurance proceeds available,whether or not the insurable damage or injury is caused by the negligence of; or breach of; anyagreement by any of such persons12.3. Notice of Expiration Requirements. If available, all of the policies ofinsurance maintained by the Master Association shall contain a provision that such policy orpolicies shall not expire nor be cancelled, terminated or materially modified without at leastthirty (30) days prior written notice to the Board and Declarant, Eligible Mortgagees, and everyother person in interest who requires such notice of the insurer. Fidelity bond coverage shall notbe cancelled or substantially decreased unless ENMA, GNMA, FTHLMC, VA and FHA servicingFirst Mortgages on Lots or Condominiums and the insurance trustee, if any, appointed pursuantto Section 12.5 of this Master Declaration have received ten (10) days written notice of suchcancellation or decrease in fidelity bond coverage.12,4. Insurance Premiums. Insurance premiums for any insurance covengeobtained by the Master Association and any other insurance deemed necessary by the Board shallbe a Common Expense to be included in the Annual Assessments levied by the MasterAssociation and collected from the Owners. That portion of the Annual Assessments necessaryfor the applicable insurance premiums shall be separately accounted for by the MasterAssociation in the operating find, to be used solely for the payment of premiums of requiredinsurance as such premiums become due..12.5. Trustee fcfr Policies. The Master Association, acting through the Board, ishereby appointed and shall be deemed trustee of the interests of all named insureds underpolicies of insurance purohased and maintained by the Master Association, All insuranceproceeds under any such policies as provided for in Section 12.1 of this Master Declaration shall49

e paid to the Board as trustees. The Board shall have fill power to receive and to receipt for theproceeds and to deal therewith as provided herein. Insurance proceeds shall be used by theMaster Association for the repair or replacement of the property for which the insurance wascarried. The Board is hereby granted the authority to negotiate loss settlements with theappropriate insurance carriers, with participation to the extent they desire, of First Mcirtgageeswho have filed written requests 'within ten (10) days of receipt of notice of any damage ordestruction.. Any two (2) directors of the Master Association, one of which must be thepresident, may sign a loss claim form and release form in connection with the settlement of a lossclaim, and such signaffires shall be binding on all the named insureds. Notwithstanding theforegoing, there may be named as an insured a representative chosen by the Board, including atrustee with whom the Master Association may enter into an insurance trust agreement or anysuccessor to such trustee, who shall have exclusive authority to negotiate losses under any policyproviding property or liability insurance and to perform such other functions as are necessary toaccomplish this purpose.12.6.. Actions as Trustee,. Except as otherwise specifically provided in thisMaster Declaration, the Board, acting on behalf of the Master Association and all Owners, shallhave the exclusive right to bind such parties in respect to all matters affecting insurance carriedby the Master Association, including, but not limited to, the settlement of a loss claim, minimumsurrender, cancellation and modification. Duplicate originals or certificates of all policies of fireand casualty insurance maintained by the Master Association and of all renewals thereof;together with proof of payment of premiums, shall be delivered by the Master Association to allMortgagees who have requested the same in writing.123. Annual Insurance Review.. The Board shall review the insurance carriedby or on behalf of the Master Association, at least annually, for the purpose of determining theproper amount of the casualty and fire insurance referred to in Section 12.1 above. Ifeconomically feasible, the Board shall obtain a current appraisal of the full replacement value ofthe Improvements on the Association Property, except for foundations and footings, withoutdeduction for depreciation, from a qualified independent insurance appraiser; prior to each suchannual review.12.8, Indemi4/Icaiion Except to the extent such liability, damage or injury iscovered by any type of insurance, the Master Association's officers, directors, agents andemployees, including members of the Design Review Committee, shall be indemnified by theMembers and the Master Association against all expenses and liabilities, including attorneys'fees, reasonably incurred by or imposed upon any of them in connection with any proceeding towhich any of them may be a or in which any of them may become involved, by reason oftheir being or having been an office; director or employee of the Master Association, or anyse$ement thereof; whether or not they are an officer, director or employee at the lime suchexpenses are incurred, except in such cases wherein such person is adjudged to have committedwillful misfeasance or malfeasance in the performance of his duties, Notwithstanding theforegoing, in the event of a settlement, the indemnification shall apply only when the Boarddetermines that such settlement and reimbursement is in the best interest of the MasterAssociation. This entitlement to indemnification hereunder shall inure to the benefit of theestate, executor administrator, heirs, legatees or devisees of any Person entitled to suchindemnification.50

13 Miscellaneous.13.1. Term. The covenants and restrictions of this Master Declaration shail urnwith and bind the Ptoject, and shall inure to the benefit of and be enforceable by the MasterAssdciatión or the Owner of any land subject to this Master Declaration, their respective legalrepresentatives, heirs, successors and assigns for a term of fifty (50) years from the date thisMaster Declaration is Recorded, after which time such covenants, conditions, reservation ofeasements, equitable servitudes and restrictions shall be automaticalh' extended for successiveperiods Often (10) years, unless the common interest community is terminated in accordancewith the requirements set forth in NRS 116.2118. Such termination must comply with therequirements of an amendment to this Master Declaration (as set forth in Section 132. of thisMaster Declaration).132. Amendments(a) By Declarant. Prior to the first Close of Escrow for the sale of a Lotor Condominium to an Owner, other than a Participating Builder, the provisions of thisMaster Declaration may be amended or terminated by Recordatiàn of a writteninstniment signed by Declarant setting forth such amendment or termination.(b) By Members.. The provisions of this Master Declaration, other thanSections 2, 4, 6, 8 and 11, and Section 13.2 of this Section 13 (which may not beamended without the written consent of Declarant until Close of Escrow for the sale ofthe last portion of the Project by Declarant to a purchaser or a Participating Builder), maybe amended by Recordation of a certificate, signed and acknowledged by the presidentand secretary of the Master Association, setting forth the amendment and thatsuch amendment has been approved by Members or Delegates representing sixty-sevenpercent (67%) of the voting power of the Master Association, and the requisite percentageof holders and insurers of Eligible Mortgagees as set forth in Section 132(c) of thisMaster Declaration in the case of those amendments which this Master Declarationrequires to be approved by First Mortgagees, and such an amendment shall be effectiveupon Recordation.(c) Approval of Eligible Mortgagees.. NotEwithstanding the foregoing, anyof the following amendments, to be effective, must be approved by the record holders andinsurers of seventy-five percent (75%) of the Eligible Mortgagees at the time of suchamendment, based upon one (1) vote for each Mortgage owned or insured:(i)Any amendment which affects of purports to affect thevalidity or priority of encumbrances or the rights orprotections granted to holders, insurers and guarantors ofFirst Mortgages, as provided in Sections 6, 9, 10, 12 and 13of this Master Declaration..(ii)Any amendment which would necessitate an encurnbrancerafter it has acquired a Lot or Condominium throughforeclosure to pay more than its proportionate share of any51

(iii)(iv)(v)(vi)unpaid Assessment or Assessments accruing after suchforeclosure.Any amendment, which would or could result in anencumbrance being cancelled by forfeiture, or in theindividual Lot or Condominium not being separatelyassessed for tax purposes.Any amendment relating to the insurance provisions as setout in Section 12 of this Master Declaration, or to theapplication of insurance proceeds, or to the ofany money received in any taking under condemnationproceedingsAny amendment which would or could result in terminationor abandonment of the Project or partition or subdivision ofa Lot or Condominium, in any manner inconsistent with theprovisions of this Master Declaration.Any amendment concerning(A)(B)Voting rights;Rights to use the Association Property;(C) Respànsibility fbr maintenance, repair andreplacement of the Association Property;(D)(E)(F)(G)(B)Annexation or deannexation of real property to orfrom the Project;Boundaries of any Lot or Condominium;Leasing of Lots or Condominiums;Establishment of self-management by the MasterAssociation where professional management hasbeen required by any institutional holder or insurerof a First Mortgage; andAny material amendment as defined in Section402M2 of the FNMA Lending Guide (as amendedfrom time to time).Any approval by a holder, insurer or guarantor of an Eligible Mortgagee reqt4redunder this Section 13.2(c), or required pursuant to any other provision of this Master Declaration,sbail be given in writing, provided that pnor to any such proposed action the Master AssociationOr Declarant, as applicable, may give written notice of such proposed action to any or all Eligible52

Mortgagees, and for sixty (60) days following the receipt of such notice, such EligibleMortgagee shall have the power to disapprove such action by giving written notice to the MasterAssociation or Declarant, as applicable. if no written notice of disapproval is ráceived by theMaster Aisociàtion or Declaraiit, as applicable, 'within such sixty (60) day period, then theappro'ial of such insurer or guarantor shall be deemed given to the proposed actiofl andthe Master Associatioti or Declarant, as applicable, may proceed as if such approval was obtainedwith respect to the request contained in such notice.A certificate, signed and sworn to by two (2) Officers of the Association,that Members Or Delegates representing sixty-seven percent (67%) 0f the Lots andCondominiums have voted for any amendment adopted as provided above, when Recorded, shallbe conclusive evidence of that fact. The certificate reflecting any termination or amendmentwhich requires a written consent of Declarant or any of the Eligible Mortgagees shall include acertification that the requisite approval of Declarant or such holders of Eligible Mortgagees hasbeen obtained or waived. The Master Association shall maintain in its files the record of all suchvotes and Eligible Mortgagee consent solicitations and disapprovals for a period of at least four(4) years.133. Mortgagee Proteclion Notwithstanding any and all provisions of thisMaster Declaration to the contrary, in order to induce FHLMC, GNMA, FNIvIA, VA and FIHA.toparticipate in the financing of the sale of Lots or Condominiums within the Project, the followingprovisions are added hereto (and to the extent these added provisions, pertaining to the rights ofEligible Mortgagees, FHLMC, FNMA, GNMA, VA and ERA conflict with any other provisionsof this Master Declaration or any other of the Restrictions, these added restrictions shall control):(a) Each Eligible Mortgagee, upon filing a written request far notificationwith the Board, is entitled to written notification from the Master Association of anydefault by the Owner of such Lot or Condominium in the performance of such Owner'sobligations under the Restrictions, as set forth therein.(b) Every Owner, including every Eligible Mortgagee, which obtains titleto such Lot or Condominium pursuant to the remedies provided in such Mortgage, orpursuant to foreclosure of the Mortgage, or by deed (or assignment) in lieu of foreclosure,shall be• exempt from any "right of first refusal" created or purported to be created by theRestrictions.(c) Subject to the super-priority created in favor of the Master Association,codified at NRS 1163116(2) and as set forth in Section 7.1 of this Master Declaration,each Firfl Mortgagee which obtains title to a Lot or Condominium pursuant to judicialforeclosure or the powers provided in such Mortgage shall take title to such Lot orCondominium free and clear of any claims for unpaid Assessments or charges againstsuch Lot or Condominium which accrued prior to the acquisition of title to such Lot orCondominium by the Mortgagee.(d) When professional management has been previously required by aholder, insurer or guarantor of a First Mortgage, any decision to undertake selfmanagementby the Master Association shall require the prior approval of Delegates53

epresenting sixty-seven percent (67%) of the voting power of the MasterAssociation andthe Eligible Mortgagees.(e) Unless at least sixty-seven percent (67%) of the Eligible Mortgagees(based upon one (1) vote for each Mortgage owned) have given theft prior writtenapproval, neither the Master Association nor the Owners shall:(i)by act or omission seek to abandon, partition, subdivide,encumber; sell or transfer the Association Property or theImprovements thereon which are owned, directlyindirectly, by the Master AssoOiation (the granting ofeasements for public utilities or for other public purppsesconsistent with the intended use of such property by theMaster Association shall not be deemed a transfer withinthe meaning of this clause);(ii) change the method of determining obligations,Assessments, dues or other charges which may be leviedagainst any Owne; or the method of allocatingdistributions of hazard insurance proceeds or condemnationawards;(iii)(iv)(v)(vi)by act or omission change, waive or abandon any schemeof regulations, or enforcement thereof; pertaining to thearchitectural design or the exterior appearance of thedwelling unit on the Lots or Condominiums, the interiormaintenance of the dwelling units on the Lots orCondominiums, the maintenance of the AssociationProperty party walls, if any, the maintenance of thecommon fences and driveways, or the upkeep of lawns andplantings on the Association Property;fail to maintain fire and extended coverage insurance oninsurable Association Property on a current replacementcost basis in an amount as near as possible to one hundredpercent (100%) of the insurable value (based on currentreplacement cost);use hazard insurance proceeds for losses to any AssociationProperty for other than the repair, replacement orreconstruction of such Improvements; oramend this Master Declaration or the Articles or Bylaws insuch a manner that the tights of any First Mortgagee will beadvcrsely affected.(1) All Eligible Mortgagees, upon written request, shall have the right to:(i) examine the books and records of the Master Association during normal business54

hours; (ii) receive written notice of all meetings of the Memkers; and (lii) designate inwriting a representative to attend all such meetings.(g) All Eligible Mortgageés shall be given: (i) sixty (60) days writtepnotice prior to the effective date of any proposed material amendment to this MasterDeclaration or the Articles or Bylaws, and prior to the effective date of any termination ofan agreement for professional management of the Project following a decision of theOwneis to assume seW-management of the Project; and (ii) immediate written notice assoon as the Board receives notice or otherwise learns of any damage, to the AssociationProperty whenever the cost of reconstruction exceeds Ten Thousand Dollars ($10,000)and as soon as the Board receives notice or otherwise learns of any condemnation oreminent domain proceedings or other proposed acquisition with respect to any portion ofthe Project(h) First Mortgagees may jointly or singly pay taxes or other chargeswhich are in default, and which may or have become a charge against any AssociationProperty, and may pay any overdue premiums on hazard insurance policies or secure newhazard insurance coverage on the lapse of a policy for such property, and FirstMortgagees making such payments shall be owed immediate reimbursement thereforfrom the Master Association.(i) The reserve fbnd described in Section 6 of this Master Declarationmust be funded by regularly scheduled monthly, quarterly, semi-annual or annualpayments rather than by large special (irregular) assessments..0) Any agreement between the Master Association and its Manage; orany agreement providing for services by Declarant to the Master Association, shallprovide that the contract may be terminated: (i) for cause on not more than thirty (30)days written notice; and (ii) without cause (or the payment of a penalty or terminationfee) at any time upon sixty (60) days or less written notice, and the term of any suchcontract shall not exceed one (1) year. Notwithstanding the foregoing, during theDeclarant's Period of Control, Declarant may enter into a contract for management of theMaster Association for a period nOt to exceed three (3) years.(k) The Board shall secure and cause to be maintained in force at all timesa fidelity bond for any person or entity handling ifinds of the Master Association,including, but not limited to, employees of any Managet(1) Any agreement for the leasing or rental of a Lot or Condominium shallprovide that the terms of such agreement shall be subject in all respects to the provisionsof the Governing Documents which are or may be adopted by the Board.. All suchagreements shall be in writing and shall provide that any failure by the lessee to complywith the terms of the Restrictions shall be a default under the lease agreement.(m)In addition to the foregoing, the Board may enter into such contracts oragreements on behalf of the Master Association as are required in order to theguideline's of FHLMC, FNMA, GNMA, VA, FHAor any similar entity, so as to allow for55

the purchase, guaranty or insurance, as the case may be, by such entities of FirstMortgages encumbering Condominiums or Lots with Residences thereon. Each Ownerhereby agrees that it will benefit the Master Assoôiation and the membership of theMaster Association, as a class of potential Mortgage borrowers and potential sellers oftheft respective Lots or Condominiums, if such 'agencies approve the Project as aqualifying community under their respective policies, rules and regulations, as adoptedfrom time to time. Mortgagees are hereby authorized to furnish information to the Boardconcerning the status of any Mortgage encumbering a Lot or Condominium.13.4, Notices, Any notice permitted or required to be delivered as providedherein shall be in writing and may be delivered either personally, by mail, via facsimile or anycourier, including Federal Express or other overnight delivery service, If delivery is wade bymail, it shall be deemed to have been delivered two (2) business days after a copy of the samehas been deposited in the United States Mail, postage prepaid, addressed to any Person at theaddress given by such Person to the Master Association for the purpose of service of such notice,or to the Residence of such Person if nO address has been given to the Master Association. Suchaddress may be changed from time to time by notice in writing to the Master Association.13.5. Enforcement and Nonwaiver.(a) Right of Enforcement. Except as otherwise expressly provided herein,the Master Association, theof the Master Associ4tipn and anyOwner; including Declarant and Participating Builders (so long as Declarant orParticipating Builder own a Lot or Condominium in the Project), shall have the right toenforce any or all of the provisions of the Restrictions against any property, subject to theMaster Declaration, and the Owners thereof Such• right shall include an action fordamages, as well as an action to enjoin any violation of the Restrictions.(b) Supplemental Declaration Enforcement. The Master Association mayalso commence and maintain actions and suits to restrain and any breach orthreatened breach of the provisions of any applicable Supplemental Declaration and toenforce, by mandatory injunctioqs or otherwise, all of the provisions of any applicableSupplemental Declaration., If such an action is brought by the Master Association, theprevailing party shall be entitled to court costs and reasonable attorneys' fees inaccordance with subparagraph (g) below.(c) Violations and Nuisance. Every act or omission whereby anyprovision of the Restrictions is violated, in whole or in part, is hereby declared to be anuisance and every remedy allowed by law or equity against a nuisance, whether publicor private, shall be applicable to any Owner; by the Master Association, or its successorsin-interest.(d) Violation of Law. Any violation of any state, municipal or local law,ordinance ot regulation pertaining to the ownership, occupation or use of any propertywithin the Project is hereby declared to be a violation of the Restrictions and subject to allof the enforcement procedures set forth in the Restrictions.56

(e) Remedies Cumula five. Each remedy provided by the Restrictions iscumulative and not exclusive,. The Master Association may, at its option withoutwaiving the right to enforce its lien against the Lot or Condominium, file a suit at law toenforce each assessment obligation.:(1) Nonwaiver, The failure of the Declarant or the Master Association toenforce any of the provisions of the Restrictions at any time shall not consUtute a waiverof the right thereafter to enforce any such provision or any other provisions of theRestrictions.(a) Altorneys'Fees. Any judgment rendered in any action or proceedinghereunder shall include a sum fpr attorneys' fees in such amount as the court may deemreasonable, in favor of the prevailing party, as well as the amount of delinquent payment,if applicable, interest thereon, late charges, if any, and court costs116. Interpretation.(a) Resin ctions Construed Together. All of the provisions of theRestrictions shall be liberally construed together to promote and effectuate thefundamental concepts of the Project as set forth in the Preamble of this MasterDeclaration. The Restrictions shall be construed and governed by the laws of the State ofNevada..(b) Restrictions Severable.. Notwithstanding the provisions of theforegoing subparagraph (a), each of the provisions of the Restrictions shall be deemedindependent and severable, and the invalidity or partial invalidity of any provision orportion thereof shall not affect the validity or enforceability of any other provision.(c) Singular Includes Plural. Unless the context requires a contraryconstmction, the singular shall include the plural and the plural the singular; and themasculine, feminine or neuter shall each include the masculine, feminine and neuter.(d) Captions.. All captions and titles used in this Master Declaration areintended solely for convenience of reference and shall not affect that which is set forth inany of the provisions hereofNo Public Right of Dedication, Nothing contained in this MasterDeclaration shall be deemed to be a gift or dedication of all or any part of the Project to thepublic or for any public use.13,8. Constructive Notice and Acceptance. Every person who owns, occupiesor acquires any right, title, estate or interest in or to any Lot or Condominium or other portion ofthe Project does and shall be conclusively deemed to have consented and agreed to everylimitation, restriction, easement, reservation, condition and covenant contained herein,or not any reference to this Master Declaration is contained in the instrument by which suchperson acquired an interest in the Project or any portion thereof57

139. No Representations or Wan-antics. No representations or warranties ofany kind, express or implied, have been given or made by Declarant or its agents or employees inconnection with the Project or any portion of the Project, or any improvement thereon, itsphysical conditions, zoning, compliance with applicable laws, fitness for intended use, or inconnection with thesale, operation, maintenance, cost of maintenance, taxes orregulation except as specifically and expressly set forth in this Master Declaration andexcept as may be filed by Declarant from time to time with the applicable governmentalauthoritieE.13.10. Priorities and Inconsistencies., If there are conflicts Qr inconsistenciesbetween this Master Declaration and either the Articles or the Bylaws, or any Rules andRegulations adopted by the Board, then the terms and provisions of this Master Declaration shallprevail..13.11.. VA/FHC4 Approval.. So long as Declarant and any Participating Buildershave effective control of the Master Association, and if VA or FEA approval was initiallyobtained or required, the following actions will require the prior approval of VA and IHA, ifapplicable: (a) annexation or deannexation of property to or from the Project; (b) dedication,conveyance or mortgage of the Association Property; (c) amendment of this Master Declaration(other than amendments to divide a Phase of Development into more than one (1) Phase ofDevelopment); and (d) merger; consolidation or dissolutions of the Master Association..13.12. Watver of Liability for Errant Golf Balls.. By acceptance of a deed to a Lotor Condominium in the Project, the Master Association and each Owne; for himself and onbehalf ofhis Family and Guests, releases Declarant and its respective lessees, agents, employees,directors, officers, shareholders, partners and contractors from all claims, demands, expenses,damages, costs, causes of action, obligations and liabilities, including, without limitation,damage to his Residence, Lot or Condominium and damages for personal injury or death whichin any way may arise from or relate to the impact of a golf ball which enters upon theAssociation Property or within any Condominium or Residence or a Lot from the Golf CourseProperty whether or not the golf ball is struck in a negligent manner.58

13,13. No Right to Use Golf Course. EACH OWNER. ACKNOWLEDGESTHAT IF A. GOLF COURSE IS CONSThIJCTED AS A PART OF THE PROJECT, TUEPURCHASE OF A LOT OR CONDOMINIUM BY SUCH OWNER DOES NQT CONFERIWON SUCH OWNER THE RIEGHT TO USE THE GOLF COURSE QR 4NY OTHERFACILITIES (COILECTWELY, THE "FACILITIES') ON THE GOLF COURSE PROPERTYIN ORDER TO USE THE FACILITIES, OWNER WILL BE REQUThED TO PAYSUCH FEES AND TO SATISFY SUCH OTER CONDITIONS AS MAY BE IN EFFECTFROM TIME TO TIME RESPECT TO TUE USE OF THE FACILITIES.Dated: October 12, 2004DEVELOPER:CANYON CREST,iimited hality companyanC. Vail,59

Gail fomiaState of Gal/loin/aGounty of SaciamentoOn October 12, 2004 before me, Kati Mo/ia Redmond, Notary Pub//c, personally appearedBrian C Vail, personally known to metha basis of satisfactoryto be the whose nãme{&} /s,ars—subscribed to the Wi thin instrument andacknowledged to me that he/s k&ttkey executed the same in hisMerltke# authorizedand that by on the inàtrtirnent the or theentity upon behalf of which the person(s) acted, executed the instrument.WITNESS my hand and oft/c/al sealDWY- Sacramento CountyMycomm. ExplcesAugl9, 2008II Moira RedmondNOTARY SIGNA T(JRENOTARYSEALTitle or Type of:Master Declaration of Covenants, Conditions,Reference Project, Entity, ect:Canyon CrestCbrnrnents/Deiaiis: Signed on Pg. 59

APN 001-04-812-001 through 027001-09-118-001 through 010001-04-801-006001 -04-301 -003001 -04-201 -002001-04-301-005001-04401-004001-04401-002001-04-310-001 through 020001-04-210-001 through 092001-05-701-007001-05-701-008001 -05-701 -005001-05-701-009001 -.05-000-0070014)4-301-007WHEN RECORDED, RETURN TO:Canyon Crest, LLC7700 College Town Drive, Suite 215Sacramento, CA 95826916-379-0955(Space Above Line for Recorder2s Use Only)CANYON CREST COMMUNITY ASSOCIATIONANNEXATION AMENDMENT(a Nevada Residential Common-Interest Planned Community)CITY OF MESQUITE, CLARK COUNTY, NEVADAREFERENCE IS MADE to that certain Amended and Restated MASTER DECLARATION OFCOVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FORCANYON CREST (F/K/A CANYON CREST COMMUNITY ASSOCIATION) ("Declaration"), whichDeclaration was recorded on October 26, 2004, as Instrument Number 04974 Book 20041026,Official Records, Clark County, Nevada and that certain FIRST AMENDMENT to the Declarationrecorded on September 27, 2005, as Instrument Number 04151 Book 20050927, Official Records,Clark County, Nevada.. Capitalized terms used herein and not otherwise defined herein are used withthe meanings given to them in the Declaration.In accordance with Section 2 of the Declaration, Declarant hereby annexes and adds to thereal property covered by the Declaration that real property described on Exhibit 'A" attached hereto,which exhibit is made a part hereof. In accordance with Section 2 of the Declaration, Exhibit 'B'attached hereto describes the remaining annexable property, which exhibit is made a part hereof.Upon recordation of this Annexation Amendment, the above-referenced real property shallbecome, and shall thereafter be, subject to the provisions of the Declaration, including, withoutlimitation, the duty to pay Assessments.

IN WITNESS WHEREOF, the undersigned DeclarantAmendment as of this 1st day of November, 2005.has executed this AnnexationDECLARANT:CANYON CREST, LLC,a California limited liability companyBy:Brian C Vail, ManagerSTATE OF CaliforniaCOUNTY OF SacramentoOn Novembe( 1, 2Q05, before me, S. N. Smith, Notaryappeared Brian C Vail, personally known to me..personallyWITNESS my hand and official sealNOTARY PUBLIC(Seal)Signature of notary public

EXHIBIT "A"Description of the Annexed Real PropertyAll of the real property described generally as:That portion of the South Half (S%) of Section 4 and the North Half (N%) of Section 9, Township 13South, Range 71 East, City of Mesquite, Clark County, Nevada, described as follows:Lots Seven (7) through Eleven (11) inclusive, Lots Thirteen (13) and Fourteen (14); Lots Eighteen(18) through Twenty-one (21) inclusive; Lot Twenty—three (23); Lot Twenty-five (25); Lot Twenty-eight(28) and Common Element Lots "B" and "C" of THE TUSCANS SUBDIVISION, as shown by mapthereof on file in Book 123 of Plats, Page 35, in the Office of the County Recorder of Clark County,Nevada.

(Village 2A):EXHIBIT "B"DESCRIPTION OF ANNEXABLE AREA[ALL OR ANY PORTIONS, FROM TIME TO TIME MAY, BUT NEED NOTNECESSARILY BE ANNEXED BY DECLARANT TO THE PROJECT]All of the real property described generally as:Lot Three (3) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11,2004in Book 20040811 as Document No. 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.(Village 2B):Lot Four (4) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11,2004in Book 20040811 as Document No, 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records..Lot Ten (10) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004in Book 20040811 as Document No.. 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.(Village 4):Lot Nine (9) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 1112004in Book 20040811 as Document No. 03548, Official Records, and as amended by that certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.

(Village 5):Lot Eight(S) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps,in the Office of the County Recorder of Clark County, Nevada, and recorded August 11,2004in Book 20040811 as Document No. 03548, Official Records, and as amended bythat certainCertificate of Amendment recorded January 27, 2005 in Book 20050127 as Document No.01028, Official Records.(Village 6):Lot Six (6) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August 11,2004 inBook 20040811 as Document No.. 03548, Official Records.Lots One (1) through One Hundred Twelve (112) inclusive, of ST. ANDREWS SUBDMSION,as shown by map thereof on file in Book 122 of Plats, Page 97, in the Office of the CountyRecorder of Clark County, Nevada.(Village BA):That portion of Section 5, Township 13 South, Range 71 East, M.D.M., described as follows:Parcel One (1) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records,(Village 8B):That portion of Section 5, Township 13 South, Range 71 East, MD.M.., described as follows:Parcel Two (2) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records,(Proposed Power Substation):That portion of Section 5, Township 13 South, Range 71 East, M D.M., described as follows:Parcel Three (3) of that certain Amended Parcel Map in File 109, Page 63 in the Office of theCounty Recorder of Clark County, Nevada, and recorded May 6, 2005 in Book 20050506 asDocument No. 01645, Official Records.

(Proposed Church Site):That portion of Section 5, Township IS South, Range 71 East,described as follows:Lot Sixteen (16) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August 11, 2004 in Book20040811 as Document No. 03548, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No. 01028, OfficialRecords.(Proposed Park Site):That portion of Section 5, Township 13 South, Range 71 East,described as follows:Lot Fifteen (15) of Map of Division into Large Parcels in File 4, Page 20 of Miscellaneous Maps, inthe Office of the County Recorder of Clark County, Nevada, and recorded August II, 2004 in Book20040811 as Document No. 03548, Official Records, and as amended by that certain Certificate ofAmendment recorded January 27, 2005 in Book 20050127 as Document No. 01028, OfficialRecords..(Multi-Family I Commercial Site)That portion of Section 5, Township 13 South, Range 71 East,described as follows:Lot Six (6) of Map of Division into Large Parcels in File 3, Page 87 of Miscellaneous Maps, in theOffice of the County Recorder of Clark County, Nevada, and recorded May 7, 2003 in Book20030507 as Document No, 01428, Official Records.

EXHIBIT "A"Canyon CrestPlanned Unit DevelopmentLocated in Section 4, 5 and Section 9, Township 13 South, Range 71 East, Mount DiabloBase and Meridian, within the City of Mesquite, Clark County, Nevada and beingparticularly described as:All of Parcel 6 as recorded on the Map of Division into Large Parcels for the City ofMesquite, in File 03, Page 87 of Miscellaneous Maps in the Official Recoids of ClarkCounty, Nevada.Contains 2142 AcresTogether with:All of Parcels I through 17 as recorded on the Map of Division into Large Parcels for theCanyon Crest L.L,C.., in File 04, Page 20 of Miscellaneous Maps in the Official Recordsof Clark County, Nevad&Contains 30733 Acres

ID' H I HiT "B"Canyon CrestPlanned Unit DevelopmentLocated in Section 4, 5 and Section 9, Township 13 South, Range 71 East, Mount DiabloBase and Meridian, within the City of Mesquite, Clark County, Nevada and beingparticularly described as:All of Parcel 2, Parcel 3 and Parcel 6 as recorded on the Map of Division into LargeParcels for the City of Mesquite, in File 03, Page 87 of Miscellaneous in theOfficial Records of Clark County,Contains 323.43 AcresTogether with:All of Parcel I as recorded on the Parcel Map for Mesquite Vistas, in File 105, Page 70 ofParcel Maps in the Official Records of Clark County, Nevada.Contains 6,, 11 Acres

E)WIB1T "C"Canyon Crest Golf CourseHole 1Located in the South Half of Section 4 and the North Half of Section 9, Township13 South, Range 71 East, Mount Diablo Base and Meridian, with in the City of Mesquite,Clark County, Nevada, and being more particularly described as:Beginning at a point on the East Right-of-Way Line of Oasis Boulevard (a 100.00foot dedicated Right-of-Way) that is S 89°04'39" W 28526 feet along the Section Lineand S 00°55'21" E 742M8 feet from the South Quarter Corner of Section 4, Township 13South, Range 71 East, Mount Diablo Base and Meridian, as shown on the Map ofDivision into Large Parcels for the City of Mesquite and recorded in File 03, Page 87 ofMiscellaneous Maps in the Official Records of Clark County, Nevada and running;Thence N 06°41'30" W 1151,21 feet along the East line of said Oasis Boulevard;Thence Northeasterly 8794 feet along the arc of a 11100 foot radius curve to theright with a central angle of 45°23 '33" and the center' bears N 831 8'57" E;Thence N 38°42'30" B 2539 feet;Thence Northeasterly 7889 feet along the arc of a 144,00 foot radius curve to the leftwith a central angle of3 1°23'19" and the center bear N 51°17'30" W;Thence N 07° 19' 10" E 42.07 feet;Thence Northeasterly 84.12 feet along the arc of a 14100 foot radius curve to theright with a central angle of 34°10'54" and the center bears S 82°40'50" B;Thence Northeasterly 8421 feet along the arc of a foot radius curve to the leftwith a central angle of 1 8°02'22" and the center bears N 48°29' 56" W;Thence S 66°32' 18" B 40.13 feet;Thence N 83°53'lS" B feet;Thence S 86°01'47" B 172.29 feet;Thence S 09°33'32" B 44.62 feet;Thence S 62°44'29" W 187,54 feet;Thence S 43°13'41" W 11267 feet;Thence 5 02°09'45" W 131.94 feet;Thence S 03°18'43" E 129,70 feet;Thence S 12°42'OS" E 301i4 feet;Thence Southeasterly 5837 feet along the arc of a 150.00 foot radius curve to theright with a central angle of22°17'45" and the center bears S 77°17'55" W;Thence S 09°35'40" W 645,40 feet;Thence S 49°54'04" W 37.33 feet;Thence Southwesterly 3895 feet along the arc of a 176.00 foot radius curve to theright with a central angle of l2°40'47" and the center bears N 40°05'56" W;Thence Southwesterly 38,65 feet along the arc of a 20.00 foot radius curve to theright with a central angle of 1 10°44'05" and the center bears N 27°25'OS" W, tothe East line of said Oasis Boulevard to the point of beginning..

ContainsTogether With:acresHoles 2 and 3Located in Section 4, Township 13 South, Range 71 East, Mount Diablo Base andMeridian, within the City ofMesquite Clark County, Nevada, and being.moreparticularly described as:Beginning at a point that is S .89°04'39" W 457.13 feet along the Section Line andN W 740.03 feet from the South Quarter Corner of Section 4, 13Sduth, Range 71 East, Mount Diablo Base and Meridian, as shown on the Map ofDivision into Large Parcels for the City of Mesquite and recorded in File 03, Page 87 ofMiscellaneous Maps in the Official Records of Clark County, Nevada and running;Thence Northwesterly 28.49 feet along the arc of a 144.00 foot radius curve to the leftwith a central angle of 1 1°20' 11" and the center bears S 04°26'3 1" W;Thence S 83°06'20" W 33,35 feet;Thence Northwesterly 90.85 feSt along the arc of a 121.00 foot radius curve to thetight with a central angle of 43°01'06" and the centerbears N 06°53'40" W;Thence N 53°52'35" W 108., 18 feet;Thence Northwesterly 37.63 feet along the arc of a 450.00 foot radius curve to the leftwith a central angle of 04°47'27" and the center bears S 36°07'25" W;Thence N 08°00'24" W 62944 feet;Thence Northwesterly 88,32 feet along the arc of a 300.00 foot radius curve to theright with a central angle of 16°52'02" and the centerbears N 81°59'36" E;Thence N 08°51'37" E 60482 feet;Thence Northeasterly 88,13 feet along the arc of a 75,00 foot radius curve to the rightwith a central angle of 67°19'44" and the center bears S 81°08'23" E;Thence Northeasterly 300,50 feet along the arc of a 172,00 radius curve to the leftwith a central angle of 100°06'04" and the center bears N 19°16'47" W;Thence N 29°22'51" W 73255 feet;Thence Northwesterly 251.91 feet along the arc of a 300,00 foot radius curve to theright 'with a central angle of 48°06'40" and the center bears 'N 60°37'09" E;Thence N 18°43'50" E 390, 14 feet;Thence N 46°44'08" W 175,90 feet;Thence Northeasterly 40.14 feet along the arc of a 278,50 foot radius non-tangentcurve to the left with a central angle ofOS°15'28" and the center bearsN 38°28'40" W;Thence S 46°44'08" B 154,75 feet;Thence S 83°38'39" B 200.00 feet;Thence S 06°2l'21" W488,42 feet;Thence S 16°14'12" B 762,42 feet;Thence Southeasterly 107.70 feet along the arc of a 64.. 12 foot radius curve to theright with a central angle of96°13'49" and the centerbears S 73°45'48" W;Thence Southwesterly 262,61 feet along the arc of a 22200 foot radius non-tangentcurve to the right with a central angle of 67°46'34" and the center bears

S 75°11'54" W;Thence S 35°51'49" .E 264.11 feet;Thence S 90°15'36" W487.60 feet;Thence S 04°13'21" B 769.61 feet to the point ofbeginning..Together With:Contains 1685 acres.Hole 4Located in Section 4, Township 13 South, Range 71 East, Mount Diablo Base andMeridian, with in the City of Mesquite, Clark County, Nevada, and being moreparticularly described as:Beginning at point that is S 89°04'39" W 120142 feet along the Section Line andN 00°55'21" W 3764.48 feet from the South Quarter Corner of Section 4, Township 13South, Range 71 East, Mount Diablo Base and Meridian, as shown on the Map ofDivision into Large Parcels for the City of Mesquite and recorded in File 03, Page 87 ofMiscellaneous Maps in the Official Records of Clark Nevada and running;Thence N 38°21'36" W 39229 feet;Thence Northwesterly 11288 feet along the arc of a 7100 foot radius curve to theright with a central angle of 86° 14'06" and the center bears N 51 °38'24" B;Thence N 72°45'46" W 83.30 feet;Thence Southwesterly 56.39 feet along the arc of a 280.00 foot radiuscurve to the right 'with a central angle of 1 1°32'22" and the center bearsN 46°00'56" W;Thence N 34°28'34" W 5000 feet;Thence Northeasterly 4632 feet along the arc of a 230.00 foot radius curve to the leftwith a central angle 11°32'22" and the center bears N 34°28'34" W;Thence N 43°59'04" E 213.27 feet;Thence Northeasterly 213 15 feet along the arc of a 170.00 foot radius curve to theright with a central angle of7l°50'25" and the center bears S 46°00'56" E;Thence S 64°10'30" E 25015 feet;Thence Southeasterly 75.18 feet along with arc of a 280.00 foot radius curve to theright with a central angle of 15°23'03" and the center bears S 25°49'30" W;Thence S 48°47'27" E 164.43 feet;Thence S 52°09'33" W 188,70 feet;Thence S 37°50'27" E 109.78 feet;Thence S 35°20'42" W 31.53 feet;Thence Southwesterly 166,95 feet along the arc of a 227.50 foot radius curve to theright with a central angle of 42°02'45" and the center bears N 54°39' 18" W;Thence S 77°23'26" W 72.54 feet;Thence Southwesterly 120.. 19 feet along the arc of a 168.50 foot radius curve to theleft with a central angle of 40°52'OS" and the center bears S 12°36'34" E, to thepoint of the beginning.Contains 6.73 acres

Together With:Hole 5Located in Section 4, Township 13 South, Range 71 East, Mount Diablo Base andMeridian, within the City of Mesquite, Clark County, Nevada, and being moreparticularly described as:Beginning at a point that is S 89°04'39" W 2346.65 feet along the Section Lineand N 00°55'21" W 2935.05 feet from the South Quarter Corner of Section 4, To*nship13 South, Range 71 East, Mount Diablo Base and Meridian, as shown on the Map ofDivision into Large Parcels for the City of Mesquite and recorded in File 03, Page 87 ofMiscellaneous Maps in the Official Records of Clark County, Nevada and running;Thence Northwesterly 37.54 feet along the arc of a 700.00 foot radius curve to the leftwith a central angle of 03°04'22" and the center bears S 33°37'50" W;Thence Northwesterly 240.98 feet along the arc of a 60(100 foot radius curve to theright with a central angle of 231)0'43" and the center beats N 30°33'28" E;Thence N 3 1°04'26" E 657.92 feet;Thence Northeasterly 34.15 feet along the arc of a 150.00 foot radius curve to theright with a central angle of 13°02'33" and the center bears S 58°55'34" E;Thence N 44°06'59" B 66218 feet;Thence Northeasterly 99.86 feet along the arc of a 23000 foot radius non-tangentcurve to the left with a central angle of24°52'32" and the center bearsN 00°22'35" E;Thence S 24°29'56" E 50.00 feet;Thence Southwesterly 99.34 feet along the arc of a 280.00 foot radius curve to theright with a central angle of2O°19'40" and the center bears N 24°29'56" W;Thence S 44°06'59" W 51.43 feet;Thence Southeasterly 60.27 feet along the arc of a 50.00 foot radius curve to the rightwith a central angle of 69°03'46" and the center bears S 44°06'59" W;Thence S 23°10'46" W 541.21 feet;Thence Southwesterly 37.43 feet along the arc of a 150.00 foot radius curve to theright with a central angle of 14° 17' 55" and the center bears N 66°49' 14" W;Thence S 37°28'41" W 640.92 feet;Thence Southeasterly 47,17 feet along the arc of a 750.00 foot radius non-tangentcurve to the right with a central angle of 03°36' 12" and the center bearsS 30°0l'38" W;Thence S 33°37'SO" W 50.00 feet to the point of beginning.Contains 7.06 acres.

Together With:Hole 6Located in Section 4, Township 13 South, Range 71 East, Mount Diablo Base andMeridian, Within the City of Mesquite, Clark County, Nevada, and being moreparticularly described as:fleginning at a point that is S 89°04'39" W 1884.02 feet along the Section Lineand N O0°55'21" W 1935.15 feet from the South Quarter Corner of Section 4, Township13 South, Range 71 East, Mount Diablo Base and Meridian, as shown on the Map ofDivision into Large Parcels for the City of Mesquite and recorded in File 03, Page 87 ofMiscellaneous Maps in the Official Records of clark County, Nevada and running;Thence Northwesterly 87.48 feet aiong the arc of a 63825 foot tadius curve to the leftwith a central angle ofO7°51'13" and the center bears S W;Thence Northwesterly 86.42 feet along the arc of a 111.00 foot radius curve to theright with a central angle of44°36'35" and the center bears N 34°00'21" E;Thence N I 1°23'04" W 2265 feet;Thence Northwesterly 47.83 feet along the arc of a 144.00 foot radius curve to the leftwith a central angle of l9°Ol '58" and the center bears S 78°36'56" W,Thence N 30°25'02" W 4252 feet;Thence Northwesterly 82.14 feet along the arc of a 121.00 foot radius curve to theright with a central angle of38°53'40" and the centerbears N 59°34'58" 13;Thence Northwesterly 75225 feet along the arc of a 700.00 foot radius curve to theleft with a central angle of 61043 '20" and the center bears N 81031 '22" W;ThenceN36°54'18' E 50.00 feet;Thence Southeasterly 157.79 feet along the arc of a 750.00 foot radius curve to theright with a central angle of 12°03'15"and the center bears S 36°54'l8" W;Thence N 48°57'33" 13165.26 feet;Thence Northeasterly 70.32 feet along the arc of a 50.00 foot radius curve to the rightwith a central angle of 80°35'05" and the center bears S 41°02'27" E;Thence S 50°27'22" 13 25,54 feet;Thence N 39°32'38" E 143.58 feet;Thence N 36°35'38" 13 129.94 feet;Thence N 22°33'30" 13 168.19 feet;Thence S 67°26'30" B 148,01 feet;Thence S 04°43'06"E 111.27 feet;Thence S 18°25'47" W 7659 feet;Thence S 13°12'14" W 335.41 feet;Thence S 02°38'06" W 278.72 feet;Thence Southwesterly 57.10 feet along the arc of a 150.00 foot radius curve to theright with a central angle of2l°48'32" and the center bears N 87°21'54" W;Thence S 24°26'38" W 299.75 feet;Thence S 00°48'lO" W 153.59 feet;Thence S W 51.63 feet to the point ofbeginning.Contains 9.44 acres..

Together With:Holes 7 and 8 and 9Located in the South Half of Section 4 and the North Half of Section 9, Township13 South, Range 71 East, Mount Diablo Base and Meridian, within the City of Mesquite,Clark County, Nevada, and being more particularly described as;Beginning at a point on the North Right-of-Way Line of Palmer Lane (a 78.00foot dedicated Right-of-Way) that is S 89°04'39" W 834.40 feet along the Section Lineand S 00°55'21" £752.14 feet from the Sduth Quarter Corner of Section 4, Township 13South, Range 71 East, Mount Diablo Base and Meridian, as shown on the Map ofDivision into Large Parcels for the City of Mesquite and recorded in File 93, Page 87 ofMiscellaneous Maps in the Official Records of Clark County, Nevada and running;Thenôe Southwesterly 26.93 feet along the arc of a 353 MO foot radius non-tangentcurve to the right with a central angle of 04°22' 16" and the center bearsS 22°00'23" E, along the North Line of said Palmer Lane;Thence S 63°37'22" W 22,23 feet along the North Line of said Palmer Lane;Thence N 45°04'58" W 329.99 feet;Thence N 38°46'lS" W 678.28 feet;Thence N 06°24'OO" B 198.80 feet;Thence N 16°20'09" W 209.11 feet;Thence N 30°49'26" W 744.42 feet;Thence N 00°49'09" W 267.86 feet;Thence N 40°14'22" W 461.86 feet;Thence N 30°42'34" W 124.07 feet;Thence N 60°25'41" W 99.02 feet;Thence N 00°35' 14" B 180.24 feet;Thence S 89°24'46" B 20.43 feet;Thence Southeasterly 82.81 feet along the arc of a 111.00 foot radius curve to theright with a central angle of 42°44'45" and the center bears S 0O°35'14" W;Thence S 46°40'Ol" B 30.89 feet;Thence Southeasterly 134,09 feet along the arc of a 144.00 foot radius curve to theleft with a central angle of 53°21' 12" and the center bears N 43°19'59" B;Thence N 79°58'47" B 34.45 feet;Thence Northeasterly 96.96 feet along the arc of a 121.00 foot radius curve to theright with a central angle of 45°54'48" and the center bears S B;Thence Southeasterly 378.54 feet along the arc of a 538.25 foot radius curve to theright with a central angle of4O°17'41" and the centerbears S 35°53'34" W;Thence S 13°48'44" B 367.66 feet;Thence Southeasterly 487.39 feet along the arc of a 495.00 foot radius curve to theleft with a central angle of 56°24' 53" and the center bears N 76° 11' 16" B;Thence S 19°46'23" W 149,63 feet;Thence S 58°17'36" B 438.42 feet;Thence S 71°10'58" B 188.41 feet;

Thence Southeasterly 19613 feet along the arc of a foot radius curve to theright with a central angle of 150°17'33" and the center bears S 18°49'02" W;Thence S 79°06'34" W 211.87 feet;Thence S 19°36'17" E 749.60 feet;Thence S 14°50'47" E 110,83 feet;Thence S 17°42'26" TB 57.81 feet;Thence S 06°20'41" TB 134.33 feet to the North Line of said Palmer Lane to the pointof beginningContains 22.41 acres,Prepared by Bulloch Brothers Engineering, Inc., Victor R. Campbell Professional LandSurveyo; State of Nevada No. 11424March 10, 2004

EXHIBIT D-1Construction Schedule(New Residence)The following construction schedule is binding on all Owners except ParticipatingBuilders:I.. Prekiinaty plans for a residential dwelling unit must be submittçd to the DesignReview Committee ("DRC") within 6 months after close of escrew for the purchase of a Lot2. Final plans, including all lot improvements and landscaping, shall be submitted tothe DRC within 60 days after DRC approval of the preliminary3. A building permit for the residence (including the grading permit) must beobtained within 12 months alter Close of for the Lot,.Construction of the residence must commence within 60 days after the buildingpermit is obtained.5. The jesidence must be completed within 6 months after the building permit isobtained.

EXHIBIT D-2Construction Penalty AmountsThe construction penalties for failure to adhere to the construction schedules set forth inthis Master Declaration are as follows:(See

EXHIBIT D-2Construction Penalty AmountsThe consttuction penalties for failure to adhere to the construction schedules set forth inthis Master Declaration are as follows:1. Failure to submit preliminary plans within 6 months $50.00 per month untilsubmission,2. FailUre to submit final plans within 60 days after DRC approval of preliminaryplans $5000 per month until submission,3. Failure to obtain building permit for residence within 12 months of close ofescrOw for the lot $500.00 first month with $100.00 per month thereafter untilbuilding permit is obtained.4. Failure to begin constmction of residence within 60 days of building permit beingobtained $100.00 first month with $50.00 per montkthereafier until constructioncommences.5. Failure to complete residence within 6 months of building permit being obtained$500.00 first month with $100.00 per month thereafter until residence iscompleted.

THE MASTERSatLoi DESIGN GUIDELINESMESQUITE,10, 2006CANYON CREST. LLC-,- -

TILE MASTERSat Canyon CrestCusToM LOT DESIGN GUIDEUNESMESQUITE, NEVADADRAFT MAY 10, 2006CANYON Clffsr, LLCCONSULTANT:TIlE KTGY GROUP INC.PLANNING/17992 Mirci-IELI. Sotrn-iIRVINE, CA 92614i

TABLE OF CONTENTSCustom Lot Design GuidelinesSECTION 1 INTRODUCTION 11.1 INTRODUCTION 11.2 PROJECT LOCATION / CONTEXT1.3 PURPOSE OF THE MASTERS AT CANYONCREST DESIGN GUIDELINESI1.4 SUPPORTING DOCUMENTS1.5 RESPONSIBILITY OF REVIEW 2SECTION 2 SITE PLANNING GUIDELINES 52.. 1 INTRODUCTION 52.2 STREET CROSS-SECTION 52.3 LOT IMPROVEMENT ZONES 52.3.1 FRONT YARD ZONE 52.3.2 REAR YARD (TRANSITION ZONE) 62 3.3 REAR YARD (IMPROVED ZONE) 62.3.4 SIDE YARD ZONE 62 5 BUILDING ENVELOPE 62.4 DEVELOPMENT STANDARDS 82.5 WALL AND FENCES 142.5.1 MASTER I-LO.A. WALL/FENCES 142.5.2 OPEN FENCE AT RESIDENTIALGOLF COURSE INTERFACE 142.5.3 COMMON PROPERTY LINE WALLS/FENCES 142.5.4 COURTYARD WALL.S 14The Masters at Canyon Crest2.6 COMBINED LOTS 15May 10, 2006

Custom Lot Design Guidelines2.7 DRIVEWAY AND PARKING CRITERIA 152..7A DRIVEWAY ENTRANCES 152..7 2 MAXIMUM WIDTH OF DRIVEWAYS 1523.3 MINIMUM LENGTH OF DRIVEWAYS 1527.4 GATES 152.7.5 DRIVEWAY MATERIALS 152.8 REPAIR OF DAMAGES 162.9 DRAINAGE 162.10 SITE AMENITY STANDARDS 162.10i GENERAL 162.102 ACCESSORY STRUCTURES 162.103 SWIMMING POOLS 162.. 10.4 TENNIS COURTS 172.105 SPORTSCOURTS 172.. 10.6 EXTERIOR RECREATIONAL. OR PLAY EQUIPMENT 172.10.7 SIGNAGE 182.10.8 EXTERIOR LIGHTING 182.. 10.9 SATELLiTE DISHES IANTENNAS 18SECTION 3 ARCI-JITECTURAL. DESIGN GUIDELINES 213.1 INTRODI.ICTION 213.2 FLOOR AREA REQUIREMENTS 213-3 GARAGE TREATMENTS 223.4 COMBINED LOTS 233.5 BUILDING MASSING AND SCALE 23The IViasters at Canyon CrestMay 0 2006

Custom Lot Design Guidelines3.5.1 BUILDING MATERIALS 233.6 ROOFS 243.7 ARCHITECTURAL FEATURES AND ACCENTS 2517.1 COLUMNS AND ARCFIwAYs 253.7.2 PATIO STORY DECKS/MIRADORS 253.7.3 WINDOWS 2617.4 PRIVACY AND FENCES 263.7.5 CHIMNEYS 263.7.6 DETAIL. ELEMENTS 273.7.7 COLORS 273.7.8 ACCESSORY STRUCTURES 273,7,9 AWNINGS 273.7.10 UTILITY EQUIPMENT 28SECTION 4 LANDSCAPE ARCHITECTURAL DESIGN GUIDELINES 304. 1 INTRODUCTION/LANDSCAPE CHARACTER4.2 PLANTING 304.3 IRRIGATION 304.4 REAR YARD LANDSCAPING (NATURAL ZONE)4.5 APPROVED PL.ANT PALETTE 314.6 WALLS AND FENCES 314.7 EXTERIOR LIGHTING 31SECTION 5 CONSTRUCTION PROCEDURES 321 INTRODUCTION 325.2 NUISANCE CONTROL. 32The Masters at Canyon CrestMay 10, 2006

Custom Lot Design Guidelines53 CONSTRUCTION FENCING 3214 EROSIoN CONTROL 325.5 CLEANLINESS 3216 CONSTRUCTION ACCESS 3317 CONTRACTORS 335.8 FOUNDATION/SLAB STAKING OBSERVATION 335 9 DAMAGE REPAIR 33110 REPAIR DEPOSIT 34iii HOURS OF OPERA11ON 345.12 CONSTRUCTION CHECKLIST 34SECTION 6 DESIGN REVIEW 366.1 INTRODUCTION 3662 IMPROVEMENTS REQ1JIIUNG REVIEW 36SUBMITTAL REQUIREMENTS 36PLAN PREPARATION 3665 PLAN CHECK FEES 366.6 DESIGN REVIEW AND APPROVAL PROCESS 3766.1 CANYON CREST ARCHITECTURAL,CONTROL COMMITTEE (CCACC) 3766.2 PRE-DESIGN CONFERENCE 37663 PRELIMINARY REVIEW (SUBMITTAL 1) 37664 FINAL REVIEW (SUBMITTAL 2) 38665 APPLICATION RESPONSE TIME 39APPLICABLE STANDARDS 40The IViasters at Canyon CrestMay JO, 200b

_____________________________________________________________Custom Lot Design Guidelines6.6.7 APPROVALS AND RE-SUBMITTALS 406.6.8 CITY OF MESQu1m SUBMITTALS 4063 ADMINISTRATION 4067A FEES 4063.2 AMENDMENT 4067.3 PREVALENCE OF MASTER DECLARATION 416.7.4 MISCELLANEOUS 416.7.5 PROSECUTION OF WORK AFTER APPROVAL 416.7.6 VIOLATIONS 416.7,7 CONSTRUCTION PENALTIES 416.7.8 STATEMENT OF APPROVAL 416.7.9 RULE MAKING AUTHORITY 416.7.10 LIABILITY OF COMMITTEE 4263.. 11 PROFESSIONAL Al) VICE 426.7.12 WAIVER OF LIABILITY FOR ERRANT GOLF BALLS 42The Masters at Canyon CrestMay 10, 2006

Custom Lot Design GuidelinesTABLES AND EXHIBITSExhibit 1.1- Location Map 3Exhibit 1.2 - The Masters Vicinity Map 4Exhibit 2.1 - Lot Improvement Zones 7Table 14.! Lot Improvement Zone/Setback MatrixTable 242 General Development Standards 1!Table Footnotes 12Exhibit 12- Lot Development Zones Map 13Exhibit 14 - Wall / Fencing Diagram 19Exhibit 15 - Driveway Diagrams 20Exhibit 3.1 - Floor Area Diagram 21Exhibit 3.2 - Three Car Garage Door Requirement 22Exhibit 3.3 - Garage Conditions 29SThe Masters at Canyon CrestM;iy 10, 2006

Custom Lot Design GuidelinesSECTION 1INTRODUCTION1.1 INTRODUCTIONThe Masters at Canyon Crest is a neighborhood of twenty-four custom honiesiteslocated within tie master planned community of Canyon Crest. Local ed in Mesquite,Nevada, Canyon Crest is a ±332 acre master planned residential/golf course communitycomprised ofa mixture of residential product types, including custom lots, builder singlefhinily residential parcels and multi-family in addition, the overall Master Plan featurescommercial, recreational parks and trails, and detention/retention areas along with a 9-hole extension of the existinggolf course1.2 PROJECT LOCATION I CONTEXTCanyon Crest, totaling ±332 acres, is located on the north side of Interstate IS, northof the town cent er of the city of Mesquite To the east, of the project is the MesquiteAirport Lincoln County is to the north and Mesquit.e lleights Road is the approximatewest boundary The Masters at Canyon Ciest has one access pomt along Ivy Lee Lanewithin the Master Plan Rekr t.o Figure I I ,\'icinity Map, which depicts the location ofthe Canyon Crest. Master Plan.. Refer t.o Figure 1.2 Location Map, which depicts thelocation of the Masters at Canyon Crest1,3 PURPOSE OF THE MASTERS AT CANYONCREST DESIGN GUIDELINESThe purpose of the Design Guidelines is to provide direction for the design of customhomesites Masters at. Canyon Crest neighborhood, including the architecturaldesign of the residence, along with the site development of the lot, upon which it. issituated.As an expression of the Master H 0 A 's vision for 1 he Masters at Canyon Crest:, theDesign Guidelines are intended to provide homeowners and their builders architects,civil engineers, and others an overall direction in the design process of the customhomesite Ihe Master II 0 A strongly encourages innovat:ion, and variet:y indie design of individual homesites, thus, design proposals may reflect a certain levelof flexibility, provided the overall intent of the Master Developer's vision and DesignGuidelines is achievedThe Master II 0 A reserves the right to change the Design Guidelines without notice1.4 SUPPORTING DOCUMENTSihe Masters at Canyon Crest Design Guidelines supplement the documents listed below'that, must also be consulted during the design and development of individual homesitesIt is the homeowner's responsibility to ensure that the currently applicable document(s)are being usedThe Masters at Canyon CrestSection I IntroductionMay tO, 2006I

Custom Lot Design GuidelinesCity of Mesquite Zoning CockCity ol Mesquite Building CodesDesign Standards Handbook — Canyon CrestMaster Dedaration of Covenants. Conditions and Restrictions forCanyon CrestCanyon Crest Association By-lawsThe Design Guidelines are subject to interpretation by the Master H C) A ihe MasterI-I C) A may amend or augment the Design Guidelines to meet specific site or functionalrequirements of any property within the neighborhood, consistent with the basicobjectives 0f the Master Fl 0 A1 5 RESPONSIBILITY OF REVIEWMaster Fl ..O A assumes no responsibility [hr plan review ollocal codes or ordinancesThe Master Fl 0 A s sole purpose in plan review is to ensure that each project meetsthe intent of the Design Guidelines and Declarations All projects witliinThe Masters atCanyon Crest require review and approval by the Master II. 0 A prior to submittal tothe City of MesquiteSection 1 Introduction 2The Masters at Canyon CrestMay 10 2006

Custom Lot Design GuidelinesCANYON CRESTPLANNED UNITDEVELOPMENTcoil 000000MESQUITE, NEVADAThe Masters at Canyon CrestExhibit 1. Vicinity Map .30 2006

Custom Lot Design Guidelines-The Masters,, C--—-aVistas/The Masters at Canyon CrestExhibit 1.2 - The Masters Location Map 4It) 2006

Custom Lot Design GuidelinesSECTION 2SITE PLANNING GUIDELINES2.1 INTRODUCTIONThe genii) curving street within The Masters at Canyon Crest., Amen Court, createsa distinctive character for the neighborhood, with each homesite having golf coursefrontage Along with pocket parks and "view windows" to the golf course, The Masters atCanyon Crest truly establishes itself as die premier golf course oriented neighborhoodwithin Canyon Crest The site planning guidelines are created to ensure that eachhomesite is developed in a thoughtful way that best: captures its golf course orientat:ion,while being mindful 0f neighboring horn esites, the neighborhood as a whole, as well asoil-site views from the golf course and adjacent villages12 STREET CROSS-SECTiONAmen Court is a private street with a 41' dimension measured from back of curb to backof curb There will be no sidewalk adjacent to Amen Court All front setbacks are to bemeasured from die back of curb2.3 LOT IMPROVEMENT ZONESEach custom homesite is divided into several Lot Improvement Zones Each zone isrestricted to certain types ol improvements as further described in the sub-sectionsthat Ibilow Please rekr to Figure 2 1 for typical lot improvement zones I lie LotImprovement Zones consist of:• Front,ttrd Zone• (lrnproved Zone)• RearYard (Transition Zone)• Side Yard Zone• Building EnvelopeThe delivered finished pad grade shall not, be increased by in ore than 2' in height. toacconamodat e any exterior site improvein ent such as patios, terraces, raised seatingareas, gazebos, etc23.1 Front Yard ZoneThe FrontYard Zone is the area from die back of die curb to the front Ewe of thebuilding The minimum dimension for the front yard zone f'or each lot is identified inEthIc 2 4.1. Sit.e improvements with the Frontiard Zone are limited to landscaping,,paved areas such as wallcways, driveways, courtyards, etc courtyard walls that areless than 36" in height, and other similar landscape elements Residential buildingsand related structures, such a porte cocheres, are not. permitted within the minimumrequired FrontYard Zone, subject t:o any exceptions identified inIlible 2 4 1Section 2 Site Planning 5The Masters at Canyon CrestMay tO, 2006

13.2 Rear Yard (Transition Zone)Custom Lot Design GuidelinesEach lot katures a transition Zone on the rear (and/or side) portion of the lotIhe transition zone provides for a natural transitIon between the custom homesitesand die adjacent golf course The Transition Zone consists of undisturbed naturalslopes and in some cases also includes Master 11.0 A. graded slopes. The physicalcharacteristics of each lot clet:ei mine the exact: location of the Transition Zone,therefore, its size varies from loito lot. Please refer toiiible 2 .4 1 for the dimensionsof the Transition Zone of each lotGrading and site improvements by the horn eowner should he minimized withinthe Transition Zone, and any landscaping should reflect the character of theadjacent golf course edges Appropriate improvements are limited to pathways,gazebos, small patios, spas, small turf areas, etc This xs'ill result in a pleasing visuallandscape between the residential dwellings and the golf course Improvementswithin theTransition Zone are subject to review and approval by the Canyon CrestArchitectural Control Committee (CCACC)13.3 Rear Yard (Improved Zone)The RearYard (Improved Zone) is measured from die rear property line or top edgeof the Transition Zone (whichever is more restrictive) to the face 0f the buildingfhcing the rear property line.The minimum dimension for die RearThrd ImprovedZone for each lot, is identifled in flible 2 4 I Within die Rear Yard ImprovedZone, homeowners may locate sit.e improvements such as patios, pools and decks,enhanced landscaping, play structures, accessory structures, etc subject to thecriteria in Thble 2 4 2 Improvements within the Rear Yhrd Improved Zone aresubject to review and approval by die CCACC13.4 Side Yard ZoneThe Side Yard 'Zone is measured from the side property line or top edge of theTransition Zone (whichever is more restrictive) to the face of die building facingthe side propert.y line The minimum dimension of die SideYard Zone f'or each lot.is identified inliible 2 4 1 Improvements within tile Side Zone are limited t.othe same as the Rear lmprovved Zone subject to die criteria in Table 2 4 2Improvements within the SideYard Zone are subject t,o review and approval by theCCACC2,35 Building Envelope'the Building Envelope is die reniaining portion of the lot, exclusive ofany set:backs,easements or other encumbrances,. Construct:ion of residential structures may belocated within the Building Envelope only, and is subject. t.o review and approvalby die CCACC Please refer to lhble 2 4 1 for development standard criteria andexceptionsSection 2 Site Plannino 6The IViasters at Canyon CrestMay tO, 2006

CustomDesign GuidelinesRear Yard/Rear Yard -(Improved Zone)jSide Yard Zone —OBuilding Envelope\ \\Front Yard Zone \NCurbAmen StreetThe Masters at Canyon CrestExhibit 2 1 - Typical Lot Improvement Zones 70, 2006

__________________________________________________________Custom Lot Design Guidelines2.4 DEVELOPMENT STANDARDSAll custom lots are subject to the development: standards criteria contained in each of the following tables:• lable 2 4 1 lot. Improvement Zone / Setback Matrix• Table 2 4 2 -. General Development Standards• Table 2.4 3 - FootnotesTable 24.1Lot Improvement Zone/Setback MatrixLot Front Yard Rear Yard Rear Yard Side Yard BuildingNo. Zone (2) (Transition Zone) (Improved Zone) Zone (3) EnvelopeLot I 30' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate± 14,340 Sq..tLot 2 20' Varies (Ref Cr toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±9,520 SqtLot 3 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' MinimumIS' Aggregate±7,185 SqIL.ot 4 20' Varies (Refer toVaries (Refer to5' Minimum±7,700 SqCivil Base Map)Civil Base Map)15' AggregateLotS 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±7,415 Sq.FtLot 6 20' Varies (Refer toVaries (Refer to5' Minimum±8,700 Sq..Civil Base Map)Civil Base Map)IS' AggregateLot 7 30' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±10,915 SqFtSection 2 Site Planning 8The Masters at Canyon CrestMay tO, 2006

Custom Lot Design GuidelinesLot Front Yard Rear Yard Rear Yard Side Yard BuildingNo. Zone (2) (Transition Zone) (Improved Zone) Zone (3) EnvelopeLot S 25' Varies (Refer toCivil Base Map)Vane s (Refer toCivil Base Map)5' Minimum15' Aggregate± 11,705 SqFtLot 9 35' Varies(Refer to CivilBase Map)Varies(Refer to CivilBase Map)5' Minimum15' Aggregate± 10,035 SqFt..Lot 10 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate± 13,070 Sq.FtLot II 25' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±7,090 Sq.FtLot 12 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±7,645 Sq.Ft.Lot 13 25' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±7,700 Sq.FtLot 14 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' MinimumIS' Aggregate±7,940 SqFt..Lot 15 30'(20' @ ciii)Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±9,3 15 SqFt.Lot 16 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' MinimumIS' Aggregate±14,790 Sq.FtLot 17 30' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' MinimumIS' Aggregate±11,275 Sq.FtSection 2 Site Planning 9The Masters at Canyon Crest2006

Custom Lot Design GuidelinesLot Front Yard Rear Yard Rear Yard Side Yard BuildingNo. Zone (2) (Transition Zone) (Improved Zone) Zone (3) EnvelopeLot 18 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±11,070 SqtLot 19 30' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate± 10,045 SqFt.Lot 20 25' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±10,200 SqFtLot 21 25' Varies (Refer toCivil Base Ma!))Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±11,330 SqFtLot 22 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±10,995 Sq.FtLot 2.3 20' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' Minimum15' Aggregate±5,605 SqtLot 24 25' Varies (Refer toCivil Base Map)Varies (Refer toCivil Base Map)5' MinimumIS' Aggregate±5,295 SqFLFootnotes: Please refer to Table 2.4.3Section 2 Site Planning 10The Masters at Canyon Crestrvlay tO, 2006

Custom Lot Design GuidelinesTableTopicGeneral Development StandardsCriteriaSetbacks (1) (4)Main StructureFront, Side, RearFront Entry GarageTurn-in GaragePorte CochereFront Porch(up to 12' plate height)Front Porch(12' up to 19' max plate height)Courtyard Wall36" or less in CGreater than 36" in heightSee Table 2 4..!25' or Table 24 1, whichever is greater5' Encroachment permitted into Front Yardfrom dimensions ol Table 24.1 or 20',whichever is greater5' Encroachment permitted into Front Yardfrom dimensions of Table 2 4 1 or 20'.whichever is greater5' Encroachment permitted into Front Yardfrom dimensions of Table 2.4.1 or 20',whichever is greaterSee Table 2.4.1Front: 10'Side: 5'Rear: 5'Front: 20'Side: 5'Rear: 5'Rear Patio Cover10' Max Encroachment from Bldg. Ens'into Rear Yard Improvement ZoneRear Story Deck 10' Max Encroachment from Bldg Env..(Uncovered)into Rear Yard Improvement ZoneRcar 2Od Sto0' Dcck (Covcred)Accessory StructuresSports Courts5' Max Encroachment from Bldg. Env..Into Rear Yard Improvement ZoneFront: Same as primary buildingSide: Same as primary buildingRear: 5' from Natural Zone / ImprovementZone edgeFront: Not PennittedSide: 10'Rear: 10'The Masters at Canyon CrestSection 2 Site Planning 11May 10, 2006

Custom Lot Design GuidelinesSwimming PoolsPool DecksMaximum HeightsMain StructurePorte CochereAccessory StructureRequired Floor AreaLivable Square Footage(excluding basement, if any)Front: Same as primary building(Must not be visible from street)Side: 5'Rear: 10'Front: 20'Side: 5'Rear: 5'2-Stories not to exceed 35' in height12' to plate16' to ridge12' to plate16' to ridgeMinimum 3,000 Sq. FtMaximum 8,000 Sq.. Ft.(Homes exceeding 8,000 Sq Ft are subjectto review and approval by the CCACCMaxFloor AreaMaximum 60% of building footprintSingle story volume spaces with plate heightsgreater than 14' shall be considered 2-storyarea for the puroposes of this calculationFootnotes: Relér to Table 2 4...3Table 2.4.3Footnotes(I) All setbacks are minimum dimensions.. lie design of each residence should incorporateadditional setbacks and varying wall planes. particularly on front elevations(2) The front façade of a residence shall not be setback the same distance as the front taçadeon an adjacent lol An offset of at least 5' is required, however, the minimum setback cannotbe reduced to achieve this requirement(3) Abutling 5' side yard setbacks are not allowed on adjoining lois(4) Architectnral projections may project a maximum of 3 feet into the required fronLrear. or side setback areas However, in no ease shall such projection be closer tItan 3 feetto any property line. An arclntectuml projection is defined as an element that articulatesthe building elevation such as. media niches. bay windows. chimneys. balconies. andother similar elements. Such architecuml projections may be supported by a foundation..Arcliitecturnl projections and encroachments are subject to the provisions of the buildingcode.(5) Window and door pop-ottt surrounds pot shelves, enhanced window sills. shutter details.window trim, entry gates and projecting eaves shall be governed by the provisions of thebuilding code.Section 2 Site Planning 12The Masters at Canyon CrestMay 0 2006

LUCaooonCrooeCoatoo, GaidattneaThts d,Owtnp a a 0000eptoattep08000ta-S/on only Pleace re/otto the ow/eli/n000sln/ Slate fflt/ of your otoiothmthomesite for 00000 runt Romeo of the totImproseunrttr/ torch2.2- Lot Devolopotool Zooco 3tnp 3

Custom Lot Design Guidelines2.5 WALL ANT) FENCESA variety of wall and/or fences are allowed within lie Masters all Canyon Crest asdescribed in the following sub-sections Please rekr to Figure Exhibit 2.4 for a fencinglayout diagram.2S1 Master H0A. Wall/FencesThe Master II .0,.A shall install a solid wall, or a combination solid wall with openwrought iron fencing along the side property line of Lots I and 24 adjacent to Ivy,and along die properly lines of the common element bet ween Lots 3 and 4 Thiswallshall not be modified in any way by the homeowner.2.5.2 Open Fence at Residential/Golf Course interfaceFencing between individual lots and the golf course is nothowever,individual lot owners may install an open fence at their sole expense Such openkncing shall be in accordance with the Master H .0 A specifleatlions as depicted inthe Canyon Crest Design Standards Handbook2.5 3 Common Property Line Walls/FencesFencing along common property lines between two adjoining lois is not required,however, such fencing, ii used, shall he subject to the ('ol lowing:rnnsltion ZoneFencing, if used, shall be constructed as an open fence in accordance with theMaster II 0 A specifications as depicted in the Canyon Crest Design StandardsI landbookBuilding Envelope:Property line fencing within the Building Envelop Zone may be open kncing,solid wall, or a combination of both In any case, such walls/knces shall be inaccordance with the Master H 0 A specifications as depicted in the Canyon CrestDesign Standards HandbookSide yard walls and fences must return to the house a minimum of 25' behind thefront of the building. Common property' line walls/fences, when used, shallbe centered on the properly line.. Two parallel walls on either side of the commonproperty line are not: allowed2.5.4 Courtyard WallsThe use of l'ront courtyards is permitted subject to the criteria denoted in Table2 4 2. Courtyard walls shall be compatible in design and inat:erial with thearchitecture of the residenceThe Masters at Canyon CrestSection 2 Site Planning 14May 10, 2006

Custom Lot Design Guidelines2.6 COMBINED LOTSTwo or more adjacent lots may be combrned to create a larger single lot. In such cases, thescale of the residence and site planning must be compatible with the adjaceni. lots Designstandards for combined lots shall be prepared on a case-by-case basis by the CCACC.23 DRIVEWAY AND PARKiNG CRImRIA17.1 Driveway EntrancesAmen Court kalures a rolled curb in which driveway aprons may occur along anyportion of the lot, subject to the criteria herein No driveway entrance shall belocated less than S from a side property line17.2 Maximum Width of DrivewaysNo more than two driveway entrances per lot are allowed.If one driveway cut is proposed, it shall not exceed 16' in width at the curb if awirIer driveway is desired, the port ion in excess ol 16' shall he separated from theremainder of the driveway by a mimmuiii 3' wide landscape strip and must taper tothe 16' maximum width within 10' of the back of curbIf two driveway cuts are proposed on the lot (i e split driveways, circular driveways,etc.) the maximum width per entrance shall he 1 2' A minimum separation of36' isrequired between the two drivcways as measured from CL to CL. of eachPlease refer to Exhibit Exhibit 2 5 for driveway diagrams2.7.3 Minimum Length of DrivewaysThe minimum length of a driveway as measured from the property line to the faceof a front entry garage must be in confbrmance with the Development Standardsdescribed in SectionTable 2 -l-.2174 Gateslie use of ornamental gates is encouraged to enclose a motor courtyard, reducingthe visibility of garage doors from the street Gates must be located such that.sufficient maneuvering space is available for a vehicle to pull completely off thestreet to stop at the gate I he design of such gates should be compatible with thearchitectural style of the adjoining residenceThe IViasters at Canyon CrestDriveway Mater alsDriveways are encouraged to be enhanced with colored or patterned concrete,payers, stone or other textured paving materials. The color oF driveways mustbe compatible with die architecture of die house and/or surrounding desertenvironment Ordinary gray concrete without color or textural embellishment isdiscouragedSection 2 Site Planning 15May tO 2006

Custom Lot Design Guidelines2.8 REPAIR OF DAMAGESIt. is the homeowner's responsibility to repair existing streets, curbs, utIlities, neighboringor oilier existing elements which may be damaged as a result of construction activityon an individualhomesite A repair deposit of $1 ,000..OQshall be submitted to the CCACCprior to lot construction, as security for any damage caused by the construction of siteimprovements. II acthal damages exceed $1,000.00, homeowner shall be responsible forall additional costs2.9 DRAINAGERid drainage on all lots shall drain to Amen Court at die front of each lot On lots17 through 21, the slope drainage in the Rear Yard Transition Zone shall he channeledbehveen the lower lots of the adjacent: tract210 SITE AMENITY STANDARDS2.10.1 GeneralEhe delivered finished pad grade shall not be increased by more than 2' in height toaccommodate any exterior site improvement such as pat:ios, terraces, raised seatingareas, gazebos, etc.2.. 10.2 Accessory StructuresAccessory structures include any building or structure that is totally detached fromthe principal residence, such as detached garages, c.sitas, equipment enclosures,gazebos, trellises, cabanas, etc.The placement and lontion of Accessory Structures is subject to the developmentstandards described in Tables 2 4 1 and 2 4.2.Swimming PoolsSwimming pools are permii:ted subject: to review and approval by the CCACC\Vhen allowed, swimming pools, fountains, spas, etc , should be designed tovisually connect to the residence through the use of walls or courtyards and shouldbe screened from direct view from die street and adjacent lots Swimming poolslocated in front courtyards must meet all setback requirements for pool andenclosures as outlined in Tables 2 4. 1 and 2 4 2 The swimming pool and relatedfhdiities must adequately ut. die lot and should balance the residence and landscapeamenities.. Crowding of swimming poo1s, residences and landscape areas will not.be permittedAll pools must be constructed according to the City of Mesquite regulations orother applicable regulatIons, including required fence and enclosure heights Fencingor walls around swimming pools may be combined with property line walls andfencing Doors and gates leading to swimming pools and spas must meet the City ofThe Masters at Canyon CrestSection 2 Site Planning 16May 10, 2006

Custom Lot Design GuidelinesMesquite sakty and closure regulations including doors that open directly from theresidence to any pool or spa area2. 104 Tennis CourtsTennis courts are permitted subject to review and approval by the CCACC Whenallowed, tennis courts shouldbesitedtominimize the visual impactfkom neighboringresidences, streets, and golf course All such courts must have a minimum of a tO'setback from property line walls or fences to allow for light fixture placement andI andscape screeningTennis court fencing shall he of a dark vinyl clad, woven, wire mesh fabric and shallnot exceed 6' in height, as measure from the delivered finish pad grade of the lotTennis courts ma) be set below finish grade to minimize fencing requirements,however, drainage shall be the' sole responsibility of the' homeowner Tennis courtsare not. permitted in the Natural ZoneTennis court lighting, if installed, shall be located and directed such that light andglare, t.o the greal:esl: extent practical, do not extend beyond the botmdaries of thelot. Tennis court lighting shall be on timers with automatic shut-off capability2A05Sports CourtsThe location ofall hard and soft surfaced sport courts, such as basketball, racquetball,volleyball, etc are subject to review and approval by the CCACC at the preliminaryreview stageSports courts, when used, must. be screened from view from neighboring residencesstreets and golf course All such courts must have a minimum of a 10' setback fromproperty line walls or fences to allow for light', fixture placement and landscapescreening Lighting, if installed, shall be located, directed and shielded so that lightantI glare, to the great est, extent, practical, dId) not, ext end beyond the lot bounclar iesSport. court, lighting shall be on timers with automatic shut—off capability2.. 10.6 Exterior Recreational or Play EquipmentAll exterior recreational orplay equipment suchas swing sets, slides, play structures,jungle gyms and oilier similar equipment must meet the intent: and requirementsof all sections of the Design Guidelines, including color Ibis type of equipmentor structures should he located in the least: visible portions of the lot and must not.be visible from the golf course In addition, such equipment: or stj'uct:ures shouldbe screened from view Ii om adjacent: lots though the use of mature landscapingor other screening devices. The height of this type of equipment is limited to amaximum of 8' above the delivered finish pad grade Tree houses or other playstructures attached to plant materials is not permitted All exterior recreational orplay equipment: requires specific approval of the CCACC prior to installationThe Masters at Canyon CrestSect:ion 2 Site Planning 17May 10, 2006

1103 SignageCustom Lot Design GuidelinesIndividual address identification shall be compatible in design, materials and color asdie adjoining residence The design of the address identification shall he submittedwith the architectural plans for CCACC review and approvalNo additional signage detached from the residence is permitted, except fortemporary construct ion signs, or oilier signs as permi led by the Declaration andapproved by the CCACC2A0.8 Exterior LightingBuilding mounted lighting must he directed downward and away from adjacent lots,streets and golf course All exterior lighting must provide for significant shieldingt.o ensure that light sources and lamps are not visible form neighboring property;no bare lamps will be permitted Continuous sollut lighting is not permitted.Site lighthig should be directed downwardonto vegetation or prominentsite featuresand may not be used to light walls or building elements Landscape uplighting ispermitted to accentuate special landscape plaimngs, subject to CCACC review andapproval. In any case, the light source shall be shielded from view of neighboringstreets and golf courseSite lighting located on the side of the residence lhcing die golf course is stronglydiscouraged and is only allowed subject to approval by the CCACC. Footlights that.are directed down and oilier down-light fixtures thai. are mounted close to theground with minimal light output are best suited for this side of the residence.Lights on motion detectors for the purpose of securit:y illumination are prohibited,unless specific approval is granted by the CCACC upon die finding that such lightingwill not illuminate adjacent properties Security lights of any type or location muststill meet, the requirements of shielding the light. sources, and the light. sources shallnot, be visible from neighboring property Care must be taken to avoid setting oilthe motion detector by the movemeni of vegetation or wildlife2.10.9 Satellite Dishes I Antennas1 he placement and location of satellite dishes and antennas is subject to review andapproval by the CCACC, subject to the provision of the CC&R's and all applicablefederal regulations currently in dIedThe Masters at Canyon CrestSection 2 Site Planning 18May 10, 2006

WOO shall 8,010 025 back from front erevarlonFerimetet/Common Element WallMaster 0800 one, nnralled0000000 Optional Open Fencing110100 Owner Intro/edOctet to Canyon Crest DesignStandards HandbookOptional Solid Wall at Open FencingHome Owner restartedlot buildIng Envelope onlylCrash GateExhibit 2.4- Wail / Fsroroo Diogrorn is

Custom Lot Design GuidelinesSECTION 3ARCHITECTURAL DESIGN GUIDELINES3.1 INTRODUCTIONThe purpose oi the Architectural Design Guidelines for flit' Masters at, Canyon Crest.is to promote a diverse architectural personality fbr the neighborhood, while ensuringthai: each homesite is developed in a manner that is compatible with the neighborhood asa whole. As a custom home neighborhood, no specific archit:ectural style is prescribed,giving the homeowner wide latitude in the design of his or her individual home regardingarchitectural style. However, the architectural design should be compatible with thearchitectural style envisioned t'hroughout:The Canyon Crest: Master Planned CommunityThe criteria contained herein relates primarily to building massing and articulationregardless of the architectural style chosen by die homeownerCanyon Crest Master PlanArchitectural StylesContemporary SouthwestluscanyltalianatePrairie RanchFrench CountryAdditional CompatibleArchitectural StylesNI editerraneanAndalusianSpanish ColonialPROHIBITED ARCHITECTURAL. STYLESVictor' ia iiClassic AmericanaTudorModernFrench Mansard3.2 FLOOR AREA REQUIREMENTSFirst FloorSecond Floor(Max 60% ofhii I di "g footprintTotal Floor Area(Excluding Garagesand Basements)Minimum 3,000 Sq FtMaximum 8,000 Sq Ft(Homes exceeding 8,000 SqFt are subject to review andapproval by the CCACC.)The Masters at Canyon Crest2T111 Floor Areastory volume spaces widiplate heights greater than 14' shallhe considcrcd 2-story area for thepu poses o titi s calculation..Max. 60% of buildingfbotprhit(Refer to Exhibit 3.1)Exhibit 3. 1 - Floor Area Diagram 21May 10. 2006

Custom LotGuidelines3.3 GARAGE TREATMENTSCareful consideration should be given to the placement. olgarages to minimize the impact.oi garage doors on the street. sceneResidences are required to have a minimum 3-car garage Refer to exhibit 3 3, GarageConditionsThe following garage. types are encouraged:• Motor courts enclosed by low courtyard walls• lurn-in garages• Rear garage with side drive (Garage a minimum of 20' behind frontfaçade of residence)• Split, GaragesFront: facing garages visible from the street are discouraged. Front facing garages, whenused, must be setback at least 20' from the front: façade of the residenceFront facing garages, when used, should have no more than 2 spaces visible from thestreet Additional spaces, if any, should be tandem, turn-in or other configuration thatminimizes the presence of the garage door on the streetAlthough not prohibited, front facing 3-cur garages are discouraged When used, 3-carfront facing garages are subject. to the following:A 12" minimum recess of the garage doors with three single-entry garageelements in the same plane.A 2-I-" minimum recess of the garage doors with no offset: of the garagedoor planesA 12" minimum recess of gat age doors and 24" in inim tini offset of theplane oi the garage doors between a single and double garage element:The Masters at Canyon CrestExhibit 3,2 - Three Car Garage Door Requirement 22May tO, 2006

CUStDnI Lot Design GuidelinesUnless specified otherwise, all garage doors shall he recessed a mininuml 0112" from theadjacent wall planeThe use of upgraded carriage style garage doors is encouragedThe use of a trellis element projecting at least 13" forward of the garage wall plane isencouraged\Tehjcijlar Porte CocherePorte cocheres shall he consistent with the architectural style of the residence.The maximum plate height for a porte cochere is 14' and is subject to the developmentstandards found in Table 2 4 2COMBINED LOTSTwo or more adjacent lots may be combined to create a larger single lot In such cases, thescale of the residence and site planning must be compatible with the adjacent, lots Designstandards for combined lots shall be prepared on a case-by-case basis by the CCACC33 BUILDING MASSING AND SCALEThe thoughtful attention to the massing of architectural elements is required on all foursides of the residence in order to ensure visual interest, from the street, golF course andneighboring lotsThe overall building mass should consist of a pleasing inter play ol one and two storyelementsUninterrupted 2-story wall planes shall not: exceed 50% of the front: or rear elevationllIe floor must. be stepped back a minimum oft' on the remaining portion ol theelevation Ilnintetrupt'ed 2—story wall planes shall not exceed 75% of any side elevation.A vertical or horiiontal offset of at least 4' is required on the remaining portion of theelevationBuilding MaterialsBuilding materials shall be consistent with the archit ectural style of the residenceThe following building materials are acceptable• Stucco• Masonry (brick or stone)• Cementitous siding materials• Other materials subject to review and approval by CCACCThe Masters at Canyon CrestStucco walls shall be dash finish or smootherTrim elements may be stucco, wood, brick/stone accent elements, or pre-castSection 3 Architecture 23May tO, 2006

Custom Lot Design Guidelinessurrounds Stucco trim, when used, shall he sand finish or smoother. Woodtrim, when used, shall be stained or paintedExterior wall finishes shall be continuous and consistent on all elevations ofthe residence in order to achieve a uniform anti complete architectural designstatement.Building materials and color blocking shall terininat:e at inside corners only,including window and door recessesMaterial wraps or color blocking, when used, shall wrap columns in theirentirely.16 RooFsAn articulated roolhc, pe should be created throughoutThe Masters at: Canyon Crestcustom home neighborhood Informal plan types should use a variety of roof formsand/or pitches that enhance the informality of the plan Formal plan types may useless articulated roof formsRoof pitches shall be consistent with the architectural style of the residenceRoof overhangs shall be compatible with the architectural style of the residenceMinimum overhangs are 18" at cave conditions and 12" at rake conditions 0" rakesare generally not permitted, except when consistent with die architectural stylesuch as Spanish ColonialRoof materials should be compatible with the architectural style of' die buildingPermitted Roof Materials include:• Flat ConcreteTiles or Shakes• Clay or Concrete l3arrel or"S"Tiles• Slate• Standing Seam MetalProhibited Roof Mat:et ials include• Low' Profile" 5" 'riles• Fiberglass shingles• Rolled roofing materialsmay be wood or stucco II wood is used, it should be stained or paint eelSkylights are permitted, but should be designed as an integral part of the roof form.Skylight framing material should be colored to match die adjoining roof WhiteThe IViasters at Canyon CrestSection 3 Architecture 24May 10, 2006

Custom Lot Design Guidelinesbubble' skylights are not, permittedSolar panels, when used, should be compatible with die design of the roof and shouldnot be visible from the street or golf course to the extent possible Pipes and othermechanical apparatus used in conjunction with solar panels must he painted t-o match thecolor of the surfhce to which it: is attachedPhoto-voltalc roof tiles, when used, shall conform to the following criteria:• Located on rear or side roof planes only Photo-voltaic tiles are notpermitted on front roof planes• Photo-voltaic roof tiles shall be used in conjunction with flat, roof tilesonly The use of barrel shaped tiles in conjunction with photo-voltaicroof tiles is prohibited• The color of the roof tiles shall not, unduly contrast with the photovoltaicroof tiles• Installation of phot.o—voltaic roof tiles shall result, in an overall shape that:is square or rectangular An uneven edge where the photo-voltaic roottiles meet the primary roofing material is not permitted.Mechanical equipment. such as air conditions, heater, evaporative coolers, and other suchdevices shall not be permitted on any roof Mechanical devices such as exhaust fans,vents and pipes shall be painted to match the adjacent roof surfhces33 ARCHITECTURAL FEATURES AND ACCENTS17.1 Columns and ArchwaysColumns and archways add articulation t:o the character of the residence and areencouraged on any elevation if appropriate to the architectural style Columns andarchw'ays should be scaled appropriat:ely t:o provide a sense of strength and supportwhich is compatible with the architectural style of the residence.37.2 Patio Cover's/2"1 Story Decks/MiradorsThe use of patio covers,story decks, miradors and the like provide articulationto building wall planes, particularly on rear elevations The design of such elements,including roofs, shall he consist:ent. in design and mat:erials to the residence.Aluminumpatio covers are not, allowedDeck railing may be solid rail, open rail or a combination of both Open rails, whenused, shall kature corner columns that are at least 18" square Solid rails, s%'lmenused, shall use scuppers for drainage A continuous gap bet:ween the bottom of asolid rail and the floor of the deck is not allowedThe Masters at Canyon CrestSection 3 Architecture 25May tO 2006

_________________________________173 WindowsCustom Lot Design GuidelinesWindow openings should be proportional to the size of the wall planes upon whichthey are Un-ge banks of windows are encouraged to np alize on theinteraction between the home and the outside environmentA prominent principal window, selected ft oiii the list is required on the 1"and floor of all front and rear elevations• Minimum 12" recess incorporated within the framing of the wall• Bay window with a minimum projection 0f 24"• lull) trimmed window with a decorative trellis element above projectinga minimum of I 8" forward of the nail plane For the entire width of the.window• Decorative iron grille covering the window element, in its entirety(subject. t,o exiting requirements)• Prominent hilly trimmed, in conjunction with a covered porch,loggia, mirador, or similar element• Exaggerated trim element, with double depth of reveal (24" minimumdepth) or increased width of surround (18" minimum width)In lieu of required principal windows, all windows on the front and rear elevationsma)' be recessed a in inimum of 2" from the adjacent' wall planeAll other windows shall he trimmed in a manner that, is compatible with thearchitectural style of the residence'. 'I lie minimum width of trim elements shall be6" and the iii inimum depth shall bc 2" except: for small decorative windows, whichmay bc 4" and I" respectively Uniform picture frame trim is not permittedTI-im elements shall have a square edge Bull—nose trim edges are not, permittedTrim elements should have a sand or sin oother finishlie use of exterior sun screens, metal toll up coverings or other similar exteriorwindow coverings is subject t.o the review and approval of tire CCACCReflective glass is not permitted37.4 Privacy Walls and FencesPrivacy walls and fences on any homesit:e that are visible from the street or golfcourse, including courtyard walls, shall he compatible in material, color, and designas the residence, golf course fence, or side yard fence3 75 ChimneysChimneys, when provided for decorative purposes, shall be consistent with thearchitectural style of the residenceSection 3 Architecture 26The Masters at Canyon CrestMay 10, 2006

17.6 Detail ElementsCustom Lot Design GuidelinesDetail element_s such as shutters, exposed rafter tails, cross beams or brackets,decorative grille work, ceramic tile, or oilier similar features should be used toprovide visual interest to the residence Such details should be consistent, with thearchitectural style of the residenceExposed gutters and downspouts used as architectural features should be coloredto match or complement the surface to which they are attached I he use of coppergutters iS if consistent with t]i ear chitecture of the residence.3.7-7 ColorsBuilding colors shall be compatible with the architectural style ol the residenceThe color palette for each residence shall consist: of the following minimumrequirements• Primary Base Color 55% LRV or less(Stucco, masonry, or siding on primary wall surfaces)• Secondary Base Color and Fascias — 65% I_lW or less(Stucco, masonry, or siding on primary wall surfaces and lhscias)• trim Color — 75% i.IW or less(Vt' indow and door trim)• Accent Color — 5S°b I. 1W or less(Entry doors, shutters)• Garage Door Color — 50% LR\T or less3.7.8 Accessory StructuresAccessory structures include any building or structure that is totally detached fromdie principal residence, such as detached garages, equipment enclosures,gazebos, trellises, cabanas, etcAccessory structures shall be located and designed to be compatible with andcomplement the design and form of the principal residence The use of landscapingis encouraged to soften the appearance of these structures3.7.9 AwningsAwnings, when used, must be designed as an integral part of the architecture andcolored to match or complement the wall surface to which they are attachedAcceptable awnings• Solid color or striped acrylic canvas fabric• Bermuda shutters• Roof tile on wood, stucco, or decorative iron supportsSection 3 Architecture 27The Masters at Canyon CrestMay tO. 2006

Custom Lot Design Guidelines3.7J0 Utility EquipmentElectric meters, gas meters, security ec1uiprnent, H\TAC units, water heaters, watersot teners, swimming pool equipment, etc shall he screened from public view inaccordance with applicable utility company standardsSection 3 Architecture 28The Masters at Canyon CrestMay ID, 2006

Custom LotGuidelinesSECTION 4 LANDSCAPE ARCHITECTURALDESIGN GUIDELINES4.1 INTRODUCTION/LANDSCAPE CHARACTERThe landscape katures will be designed to enhance the natural beauty and Character oithe land Resource efficient landscape principles are incorporated into these standardsThere will be extensive landscaping at the project entrance along with suEstantiallandscaping and berming along the arteriale and collectors The streetscape will be acombination of berming, decorative paving, walls, cluster planting and pathways Theplanting palette ss'ill provide oppor ttuiities for variations in color, texture and theme4.2 PLANTINGAll landscaped areas will be maintained in a neat and atiractive condition at: all t:imcsMinimum requirements include replacing dead or (lying plant. materials mowing,cring and general clean 41p.Plants will he grouped with those that, have similar growing requirementsWater conservation is an objective Plant: species that, can survive on low to moderateam mints ci irrigation will be used except. in developed areas where lush, high densityappearance is desiredPlani materia Is selected will contain a combination of fast, in edjuin and slow growthratesIn informal areas, a variety of sizes will he planted t:o provide a more naturalappearance4.3 IRRIGATIONIrrigation systems will be water ellicient. and low maintenance by utilizing low angleheads, drip irrigation and central control system when practicalIrrigation systems will provide adequate water to establish and maintain landscapeplantings and promote conserval:ionAll developed areas will have automatic irrigation systems, or quick couplersWater for irrigation may come from reuse or secondary water supply as they becomeavailable. ha reuse system or secondary system is used, it will comply with Clark Countyrequirements as well as State [health RegulationsIrrigation systems will be designed I:o provide complete and adequate coverage taking intoconsideration wind patterns and other disruptive flictors while using water conservingSection 4 Landscape 30The IViasters at Canyon CrestMay tO. 2006

_____________________________________Custom Lot Design Guidelinesin ethods.. Irrigation systems he designer! by a Nevada Licensed Landscape Architector licensed landscape Conlraclor4.4 REAR YARD LANDSCAPING (NATURAL ZONE)All disturbed areas within the lot are required l:o becondition.landscaped hack to native4.5 APPROVED PLANT PAL.ETTEUI developments in residential zoning districts are required to install plant materialslisted within the County's Landscaping and Buffering plant: listPlants selecied 1kw use in any design \viIl be approved by the Canyon Crest CommtmitvAssocia LionPlant species selected will be those that are to tolerant of the environment in whichthey will be grown including exposure (i e. sun, shade, salinity, alkalinity, soil/watercharacteristics soil physical properties, drainage and proneness to flooding, water tablesand any oilier influential flicior4.6 WALLS AND FENCESA minimum three Fool. (3') landscaped separation is required between Fences/walls andsidewalksA ten foot. (10') wide landscape/utility strip runs across the front, of all the residentialstreet sections.. All front yard fencing will occur on the residential lot side of thelandscape/utility stripFront yard hedge plantings are permitted, but will be kept trimmed to a maximumheight of three fret (3') from the finished grade by the homeowner4.7 EXTETUOR LIGHTINGLandscape lighting will be used where appropriate to create mood and to accent FocalpointsWhen used, landscape lighting will be soft and unobtrusive Light: shall be directed and/or shielded to prevent, glareEnergy efficient: lighting design will be usedSection + Landscape 31The Masters at Canyon CrestMay 10. 2006

SECTION 5 CONSTRUCTION PitocEDukEsCustom Lot Design Guidelines5 1 INTRODUCTIONBuilders and subcontractors shall use extreme care to ensure the public health, safetyand welfare during all phases of construction. 1 his shall include but. is not, limited toproviding proper warning signage, fencing of potentially dangerous conditions andsecurity services when deemed necessary by the Master II 0 A.5.2 NUISANCE CONTROL.Construction operations shall not create any of the following nuisances (to the extentthe are permanent or are detectable without the use of instruments) at any locationoutside of the lot ttpon which the operation or activity is conducted:• Change of air' temperature or humidity* Dust or other airborne particulate matter• Noxious odor• Glare from lighting or reflective materials• Disruption of television or radio reception• Excessively loud noise for long periods of time• Ihe use of radios, boom boxes, and other similar device son aconstruction site shall not be audible from off-site locations• No dogs shall be permitted on any construction site• The use of alcohol is strictly prohibited from any construction siteThe Master I-I. 0 A. may enact strict procedures, temporary or permanent, at: any time toensure noise and dust abatement: measures are taken by lot owners or their contractors5.3 CONSTRUCTION FENCINGconstruction sites are required to have construction fencing and screening t.o blockthe view of construction act:ivity from ofl'-sit.e areas.5.4 CONTROL.Lot owners or their contractors shall provide erosion control devices as necessary toprevent silt and other debris from flowing onto streets, golf course, open space, oradjacent lots during construction5.5 CLEANLINESSAll areas shall be kept free of trash, waste and any other unsightly materials which canbe carried by the wind. Construction fencing is required around the perimeter of the lotto control wind—blown debris 1 he site shall be leD: in a neat: and orderly condition at the'end of each workday, with scrap material and debris disposed of in covered receptacles,and such receptacles collected and emptied as necessary before becoming overfilledSection 5 Construction Procedures 32The Masters at Canyon CrestMay 10, 2006

Custom Lot Design Guidelinesl-lazardous debris alit! material shall be removed from the site each day No hazardousmaterial shall be stored on—site overnight Weeds, debris anti liner shall not. be allowedto accumulate on-siteNo frail cr5 fl)1 temporary living quarters shall he a! li)Wed on—site Construct ion trailersmay be allowed subject to approval by the CCACCThere shall be a minimum of one temporary rest room facilit.y per lot duringCOIlS truct ion5.6 CONSTRUCTION ACCESSThe only approved constructionaccess during the time a residence or other improvementsare being built, will be from the approved driveway kr die lot unless an alternate locationis approved by the CCACC5.7 CONTRACTORSAll contractors shall he properly licensed and bonded with the City of Mesquite and theState of Nevada and shall meet all appropriate legal requirements5 8 FOUNDATION/SLAB STAKING OBSERVATIONI'lie lot owner is required to provide at least one business day prior notice to die CCACCfor observation and approval of the staking for building fbundations and/or slabsConcrete pouring olbuilding foundations cannot begin without CCACC approval5.9 DAMAGE REPAIREach lot owner has die direct responsibility for die control of his/her contractors andthe actions of said contractors All liability for violations of die Declaration or DesignGuidelines caused by the builder or subcontractors shall rest with die lot osvnerNo blasting may be under taken sv itliout specific writer approval by the C CAC CApplicable governmental regulations must be met prior to any blasting activity.Excess excavation materials must be hauled away from die Canyon Crest master plannedcorn inunityDamage and scarring t:o other propert:y, including, but not: limited to open space, otherlots, streets, street. landscaping, common areas, driveways, irrigation, landscape, and/or other improvements will not be permitted. If any such damage occurs, it must berepaired and/or restored promptly at the expense of the person causing die daniageor die lot owner Upon completion of construction, each lot owner and builder shallclean the construction site and repair all propert.y which was damaged, including butnot, limited t.o restoring grades, planting shrubs and trees as approved or required bythe CCACC, and repair of streets, driveways, pathways, drains, culverts, ditches, signs,The IViasters at Canyon CrestSection S Construction Procedures 3.3Miy 10, 2006

Custom LotGuidelineslighting, and fencing Any damage not repaired by the lot owner be repaired by theCCACC as described in the Declaration All costs icr such repair will be withheld fromthe repair bondStorage of any construction materials, machinery, tools or lorms are not permitted onany adjacent lot without written permission from the lot owner which is to be submittedto the CCACC once obtained5.10 REPAIR DEPOSITAs described in the Declaration, prior to any lot construction, a repair deposit shall besubm ittid to the CCACC to hold as security for any dam age caused by the lot owner ortheir conti 'actorsSi I HOURS OF OPERATIONConstruction activity, including die loading and unloading of materials, shall occur Onlybetween the hours listed below Any construction activity outside of these hours must beapproved by the CCACC• Monday iiirough Friday 7 a to 7 p.m.• Saturday 9 a in to 6 P5i2 CONSTRUCTION CHECKLIST• The lot owner shall inspect all existing improvements on the homesiteprior to the commencement'. of construction (i.e., sidewalk, landscapearea including street. tree locations, light. poles, ete) and notify theCCACC of any damage which may exist, before construction beginsOnce construction commences, the CCACC shall assume all damageswere a result of construction activity and shall be the responsibility of thelot owner• 'I lie lot, owner shall adhere l,o the Canyon Crest. Signage Standards• All construction debris shall be carefully conirolled.. It is recommendedthat trash bins and/or fenced-in areas be provided to contain all trash onsite• The lot owner shall obtain a building permit for construction within 5from the close of escrow of the lot• Construction shall be substantially completed within IS months from thedate the building permit: is issued• landscape installation shall begin no later than 30 days after occupancyol the residence, and must. he substantially completed within 120 days ofoccupancy• Lot owners shall coordinate with adjacent lot owners in the design andconstruct:ion of all walls and/or fences located on shared property linesSuch walls or fences must be centered on the property line• Any changes or additions to the approved plans for the custom homesiteThe Masters at Canyon CrestSection 5 Construction Procedures .34JO, 2006

_________________________________________________________________Custom Lot Design Guidelinesmust be submitted to the CCACC for approval prior to construction orinstallatIonThe CCACC will conduci three spot checks during the constructionprocess as follows:• Foundation/slab forms in place, prior t.o pouring. I lie lot owner isresponsible for notifying the CCACC at leasil one business day prior toing• Completion of framing• Conipletion oF all unprovementsThe Masters at Canyon CrestSection S Construction Procedures 35May tO 2006

Custom Lot Design GuidelinesSECTION 6 DESIGN REVIEW6.1 INTRODUCTION[he Canyon Crest Architectural Control Committee shall administer all projectsubmittals and approvals for development on the custom lot's within The Masters atCanyon Crest neighborhood The procedures desuibed below shall be used to administerthe implementation process Complete submissions are required in order for the CCACCto make an expeditious review6.2 IMPROVEMENTS REQUTRING REVIEWAll residential dwellings and lot improvements to be constructed on custom homesitewithin The Masters at Canyon Crest. will require review and approval by the CCACCImprovements requiring review are all construction activities, including but not limitedto new construction, remodels, additions and accessory structures, paving, landscaping,utilities, and sit.e amenity features6.3 SUBMITTAL. REQUIREMENTSEach set of submittal drawings must include the information listed below. Halhsizescalable drawings are preferred (sheet size approx. 1$" x 2-1-") In addition, each submittalmust, include all drawings on a CD in a pdf Ihrmn at• Index of Drawings• Legend of Symbols, (if any)o Sheet [ide• Scale and NorthArrow• Lot, Owner: Name/Address/Phone/E-mail• Builder: Name/Address/ Phone! E—mail• Entity that prepared the plan(s): Name/Address/Phone/Email• Date the drawings were completed and/or modiiedolot: Identification Number6.4 PLAN PREPARATIONAll plans shall be prepared by qualified professionals registered in the State of NevadaIt is recommended that: a team of qualified professionals, including architects, landscapearchitects, engineers, or other approved designers, be used in the preparation of theplans.65 PL.AN CHECK FEESThe Pre-Design Conference will be provided at no cost to the Applicant, however, aplan check fee of $2,500 is required to cover administrative costs associated with thePreliminary Review and Final Review submitlals (a total of 2 reviews) If ii: becomesThe Masters at Canyon CrestSection 6 Design Review and Approval 3610, 2006

Custom Lot Design Guidelinesnecessary to provide further reviews an additional charge of $1,000 xviII be assessed foreach such review.6.6 DESIGN REVIEW AND APPROVAL PIwCESS661 Canyon Crest Architectusal Contiol Committee (CCACC)I he Canyon Crest Architectural Control Committee (CCACC) shall be appointedby the Master 1-1.0 A and may include professional consultants such as architects,landscape architects, civil engineers, d.c rhe Canyon Crest. Architectural ControlCommittee may be contacted at, tEe following address, or at such other address asmay be designated by the CCACC:Canyon Crest, Architectural Control CommitteeThe Masters at. Canyon Crest.P.O. Box 1807Mesquite, Nevada 8902466..2 Pre-Design ConferencePrior to beginning design work, the applicant shall contact the Master H 0 A toschedule a Pvc-Design Conference with the Canyon Crest Architectural ControlCommittee The Prc--Design Conference xviii be provided at no cost to theapplicant The purpose of this conference is to provide the applicant with a generalover view of The Masters at Canyon Crest neighborhood, including the underlyingdevelopment philosophy of the Maser Developer; rev9iew and clarify submittalredluirem ents ; review design requirement's to provide the applicant with anyadditional information about site amenities or opportunities/constraints; identifyany unique conditions or issues related to the lot; and answer any other questionsthe applicant may have regarding development of die homesitePlot PlanPreliminary Review (Submittal 1,)The Plot plan should show all the following inlbrmat:ion:• Lot Property Lines, including length, angles and amount of curve• All lot, Zones, including Front Thrcl Zone, ReariardTransition Zone,Rear Yard Improved Zone, SideYard Zone and Building Envelope• All buildings, structures, fences, setbacks, sidewalks, slopes and streetscontiguous t.o the lot:• All dimensions on work to be considered, distance between existing andproposed work (if applicable), and distances between proposed work andproperty lines• Location of tennis or sports courts, play structures, swimmrng pools,spas, equipment or other site amenitiesLocation of mechanical equipment such as air conditioner condenserThe Masters at Canyon CrestSection 6 Desion Review and Approval 37May tO. 2006

Custom Lot Design Guidelinesunits, meters etcLocation of existing street lights and street trees (if any) field verifiedPreliminary Grading PlanThe Preliminary Grading Plan should show all the following information• Existing cont:ours of lot as delivered• Proposed contours after iniprovements• Spot grades for finish floor elevation of all structures, a11 paved surfaces,retaining walls, planting areas, swales, and any oilier site element asapplicable• Finished pad grade of adjacent lotsPreliminary Landscape Planthe Preliminary Landscape Plan should show all the following information:• Type size, and Iocatnrn of all plant mat erials• All proposed site katures including fences, walls, patios, iaellises, arbors,gazebos, etc., along with their location, material and colorConceptual Architectural PlansThe Conceptual Architectural Plans should show all the lollowmg information:• Dimensioned Conceptual Floor Plans• Conceptual l3tiilding Elevations (including front side, and rear elevationswith material and colors called out)• Roof Plan including roof slope and overhang dimensions• Floor Plan area calculation for each floor, covered outdoor spaces, andgarage6.6.4 Final Review (Submittal 7)Final Plot PlanThe Final Plot Plan shall include all items as list cc1 in die Preliminary Submitlalrequirement including any revisions required by the CCACC during theprelinlinary reviewFinal Grading Planrhe Final Grading Plan shall include all items as listed in the Preliminary Submittalrequirements, including any revisions required by the CCACC during thepreliminary reviewFinal Landscape PlanThe Final landscape Plan shall include all items as listed in the PreliminarySubmittal requirements, including any revisions required by the CCACC duringdie preliminary review.. In addition, the following information is also required:Section 6 Design Review and Approval 38The Masters at Canyon CrestMay to- 2006

Custom LotGuidelines• Planting Specifications• Irrigation Plans, Details, and Specifications, including the location andspecifications for all sprinklers, valves, controllers, backflow preventers,and pipesFinal Architectural PlansThe Final Architectural Plan shall include all items as listed in the PrelimmaryStibmittal requirements, including an)' revisions required by the CCACC duringthe preliminary review. In addilion, the following information is also required:Material Sample BoardThe Material Sample Board(s) (maximum size II" x 17" per board) shall includesamples or inanulhcturer's cut sheets for all exterior materials, including but notlimited to:• Building wall finishes• Roof tiles• Entry doors• Garage doors• Paint or stain color chips• Windows° Fascias• ma material• fighting fixtures• Fence or site wall finishes• Decorative paving• Sit.e furnishings• Other visible exterior katures• Landscape mulchesConstruction PlanThe Construction Plan shall indicate the location of lot, construction access, trashreceptacles, construction trailers, if any, and temporary restroom liacilitiesRepair DepositThe Repair Depositas described in Section S 10 shall be paid at the time olsubmittalto the Canyon CrestArchitectural Control Committee (Final Submittal)6.6.5 Application Response TimeAfter a submission is accepted as complete and in accordance with all the submittalrequirements, the CCACC shall make a determination of "Approved", "AddressComments and Re-Submit" or" Denied" within a reasonable time, not to exceed 21business days: Please refer to Section 6 6 7 for further informationSection 6 Design Review and Approval 39The Masters at Canyon CrestMay tO, 2006

Applicable StandardsCustom Lot Design GuidelinesThe Master l1 0 A shall review each submission for the design's comminnentto tire community development oil he Masters at Canyon Cr est, along with theadherence to the Design Guidelines and any other applicable standards provided bythe Master II 0 AThe Master H C.. A is not responsible for the review ol submissions to determineconformance to any public agency codes, ordinances, or standardsApprovedApprovals and Re-SubmittalsSubmittals that are Approved may proceed t.o the next step of the design reviewprocess Any changes to the plans after approval must be re-submitted to theCCACC for review and approval.Address Comments and Re-Submithese submittals should address the CCACC comments in written and/or graphicform and re-submit for further CCACC actionDeniedSubmittils that are denied generally fail to meet the intent of the Design Guidelines,and based upon the CCACC comments, should he thoroughly revised to more frillyadhere to the goals and objectives oldie Design Guidelines Upon such revision, theentire package may b resubmitted for action6-6-8 City of Mesquite SubmittalsNo plans shall he submitted to the City of Mesquite for plan review or buildingwithout prior approval of the Dna1 plans by the CCACC63 ADM1NISTRATIONFeesThe CCACC shall have the right to require payment of reasonable fees for thereview of proposed plans and other materials, and sit observation of constructediinprovem ents63.2 AmendmentThe Custom Lot Design Guidelines may be amended by the affirmative vote of amajority of the members of the Canyon Crest Architectural Control Committee;provided, however, that no such amendment shall affect any previously approvedconstruction activityThe Masters at Canyon CrestSect ion 6 Design Review and Approval 40May tO, 2006

67-3 Prevalence of Master DeclarationCustom Lot Design GuidelinesIn the event of any conflict between die provisions of the Design Guidelines and theMaster Declaration, the Masler Declaration shall prevail63.4 MiscellaneousAll items submitted to the Canyon Crest Architectural Control Comm itlee shallbecome die property of the CCACC Changes to the approved plans shall be resubmittedto the CCACC fiw approval and shall clearly identify the revision(s)67.5 Prosecution of Work After ApprovalAfter approval of the final plans by the CCACC, the construction, alteration or otherwork described therein shall be commenced and completed in accordance with therules set lbrtli in these Design Guidelines and the Declaration The CCACC or itsrepa esenlative has the right: to enter the lot: or premises and t:o inspect: the project:for compliance with the Design Guidelines or Declaration at any time, withoutadvance notice t.o the lot owner nor frar of trespass and liabilityViolationsConstruction deemed by the CCACC to be in violation of approved drawings, theDesign Guidelines, or the Declaration shall be corrected as described in Section 9 8the Declaration63.7 Construction PenaltiesProperty owners failing to coniply with the construcl:ion procedures, as detailed inthe Design Guidelines, may be assessed a ke of $200 per day untill property andconstTucton procedures are brought into compliance The CCACC and Declarantreserves the right:, where failure to comply is excessive, to buy back the noncomplyinglot with 30 days notice6.78 Statement of ApprovalUpon approval of the final plans, the CCACC shall, upon written request from theappliatble lot owner, provide such lot. owner with a statement of approval in a formappropriatc for recordafion6.7.9 Rule Making Authorityrhe CCACC adopts these Design Guidelines lbr the purpose of interpreting,applying, supplement:ing and implementing the provisions of the Declarat:ionpettahthtg to the design of lots, buildings or oilier improvements. A copy of theseDesign Guidelines as from time to time adopted, amended or repealed shall bemaintained in the office of the Association and sIn II be available fbr inspectionduring normal business hours by any lot owner or prospective lot owner, or anyarchitect or agent of an)' such lot, owner or prospective lot owner. It shall be theresponsibility of any lot owner or prospective lot owner, or architect or agent ofThe Masters at Canyon CrestSection 6 Design Review and Approval 41May tO, 2006

Custom Lot Design Guidelinesany such lot. owner Or prospective lot. owner to inform themselves as to any and allsuch changes of these Design Guidelines6310 Liability of CommitteeProvided that the CCACC acts in good faith neither the CCACC nor anyrepresentative thereof shall be liable t.o any lot, owner or any oilier person for anydamage, loss or prejudice suffered or claimed on account of the review of an)plans, specifications or materials The review and delivery of a form ol approvalor disapproval is not to be considered an opinion as to whether or not the plansare defective or whether the construction methods or performance of the workproposed therein is defective, or whether the facLs therein are correct or meet theCity of Mesquite Building Codes63.11 Professional AdviceThe CCACC may employ the services of an architect, attorney, land planner,landscape architect: or engineer to render professional advice and may charge thecost for services of such a professional to the lot owner applicant., but only after thelot. owner has been informed in advance suchshall be so charged63.12 Waiver of Liability for Errant Golf BallsBy acceptance of a dcccl to a lot: within The Masters at: Canyon Crest:, the mast:erassociation and each owner, for him/herself and on behalf of his/her Hun ily andguests release Declar'ant, and it respective lessees, agents, employees, directors,officers, shareholders, partners, and contractors form all claims, demands,expenses, damages, costs, causes of action, obligations and liabilities, including,without limitation, damage to his/her residence or lot, and damages for personalinjury or death which in any way may arise from or relate to the' impact of a gol Iball which enters upon the Association propert:y or within any residence or lotfrom die golf course whether or not the golf ball is struck in a negligentmannerThe Masters at Canyon CrestSection 6 Design Review and Approval 42May 0, 2006

_____KTGY GROUP, INCPLANNUI77992 MI1CEL. SOU1HC 19972121A L85ALL AIGIlIS lESERVEL)* —— — —Tsi*4

- ITHE IWA S TERSCusToM Lor DEsIGN GthDaNESI —- -IMM 10 2006

Canyon Crest Homeowners Associationc/o Colonial Property ManagementJanuary 21, 2010To Whom It May Concern:This Statement of Unsatisfied Judgment and Pending Legal Action is beingfurnished by Colonial Property Management pursuant to NRS 116.4109 onbehalf of Canyon Crest Homeowners Association.Please accept this written verification that Canyon Crest HomeownersAssociation, to the best of our knowledge, has no unsatisfied judgments, lawsuitsor any pending legal action against the Association.This statement is based solely on the basis of a review of the Association’s recordto determine if the Association has received notice from any city, county, or othergovernmental entity or agency of a violation or legal proceeding. Information withrespect to such litigation other than Name, Case Number and Court describedabove should be obtained from the public record.Except for a statement set forth above, the Association makes no statements orrepresentations of any kind concerning the unit, including without limitation, thesuitability of the unit for the purchaser’s purpose, engineering or architecturaldesigns, or quality of any manner of construction of the unit, use or installation ofspecific materials, location of improvements within the boundaries of the unit, orcompliance of the unit with any laws, ordinances, rules or regulations. TheAssociation will update this statement on a periodic basis.Sincerely,Becky RichardsBecky RichardsProvisional Community ManagerColonial Property Management736 W. Pioneer Blvd. #200 Phone: (702) 345~2200Mesquite, Nevada 89027 Fax: (702) 345~2201Email: b.richards@cpmlv.com Website: www.cpmlv.com

Nevada Resale DisclosureAssociation Name:Subject Property:Seller (First, Last):Contact Email:Subject Address:City:State:Zip:Unit Assessment InformationTotal Current HOA Dues:HOA Assessment Paid:Owner’s current balance as of: Is: $The penalty charged on each delinquent assessment payment is: $The Interest Rate charged on each delinquent assessment payment is:Is the association involved in any current or pending litigation?Additional transfer fees, transaction fees, fees for collecting past due fines and charges foropening or closing any file for each unit and any other fees:Fee/Fine:Amount:Notes:(r_ccrdfm215) Page 1 of 4

Additional Comments:Documents to be included in the Resale Disclosure Package:Declaration Rules and Regulations Current Financial StatementBylaws Budget Litigation (if applicable)Information Statement required by NRS 116.410951. YOU GENERALLY HAVE 5 DAYS TO CANCEL THE PURCHASE AGREEMENT?When you enter into a purchase agreement to buy a home or unit in a common‐interestcommunity, in most cases you should receive either a public offering statement, if you are theoriginal purchaser of the home or unit, or a resale package, if you are not the original purchaser.The law generally provides for a 5‐day period in which you have the right to cancel the purchaseagreement. The 5‐day period begins on different starting dates, depending on whether you receivea public offering statement or a resale package. Upon receiving a public offering statement or aresale package, you should make sure you are informed of the deadline for exercising your right tocancel. In order to exercise your right to cancel, the law generally requires that you hand deliverthe notice of cancellation to the seller within the 5‐day period, or mail the notice of cancellation tothe seller by prepaid United States mail within the 5‐day period. For more information regardingyour right to cancel, see Nevada Revised Statutes 116.4108, if you received a public offeringstatement, or Nevada Revised Statutes 116.4109, if you received a resale package.2. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?These restrictions are contained in a document known as the Declaration of Covenants, Conditionsand Restrictions (C, C & R’s) that should be provided for your review before making yourpurchase. The C, C & R’s become a part of the title to your property. They bind you and everyfuture owner of the property whether or not you have read them or had them explained to you.The C, C & R’s, together with other “governing documents” (such as association bylaws and rulesand regulations), are intended to preserve the character and value of properties in the community,but may also restrict what you can do to improve or change your property and limit how you useand enjoy your property. By purchasing a property encumbered by C, C & R’s, you are agreeing to(r_ccrdfm215) Page 2 of 4

limitations that could affect your lifestyle and freedom of choice. You should review the C, C & R’sand other governing documents before purchasingto make sure that these limitations andcontrols are acceptableto you. Certain provisions in the CC&Rs and other governing documents maybe superseded by contrary provisions of chapter 116 of the Nevada Revised Statutes. The NevadaRevised Statutes are available at the Internet address http://www.leg.state.nv.us/nrs/.3. YOU WILL HAVE TO PAY OWNERS’ ASSESSMENTS FOR AS LONG AS YOU OWN YOURPROPERTY?As an owner in a common‐interest community, you are responsible for paying your share ofexpenses relating to the common elements, such as landscaping, shared amenities and theoperation of any homeowner’s association. The obligation to pay these assessments binds you andevery future owner of the property. Owners’ fees are usually assessed by the homeowner’sassociation and due monthly. You have to pay dues whether or not you agree with the way theassociation is managing the property or spending the assessments. The executive board of theassociation may have the power to change and increase the amount of the assessment and to levyspecial assessments against your property to meet extraordinary expenses. In some communities,major components of the community such as roofs and private roads must be maintained andreplaced by the association. If the association is not well managed or fails to maintain adequatereserves to repair, replace and restore common elements, you may be required to pay large,special assessments to accomplish these tasks.4. IF YOU FAIL TO PAY OWNERS’ ASSESSMENTS, YOU COULD LOSE YOUR HOME?If you do not pay these assessments when due, the association usually has the power to collectthem by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you mayalso be required to pay penalties and the association’s costs and attorney’s fees to become current.If you dispute the obligation or its amount, your only remedy to avoid the loss of your home maybe to file a lawsuit and ask a court to intervene in the dispute.5. YOU MAY BECOME A MEMBER OF A HOMEOWNER’S ASSOCIATION THAT HAS THE POWERTO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?Many common‐interest communities have a homeowner’s association. In a new development, theassociation will usually be controlled by the developer until a certain number of units have beensold. After the period of developer control, the association may be controlled by property ownerslike yourself who are elected by homeowners to sit on an executive board and other boards andcommittees formed by the association. The association, and its executive board, are responsiblefor assessing homeowners for the cost of operating the association and the common or sharedelements of the community and for the day to day operation and management of the community.Because homeowners sitting on the executive board and other boards and committees of theassociation may not have the experience or professional background required to understand andcarry out the responsibilities of the association properly, the association may hire professionalcommunity managers to carry out these responsibilities.Homeowner’s associations operate on democratic principles. Some decisions require allhomeowners to vote, some decisions are made by the executive board or other boards orcommittees established by the association or governing documents. Although the actions of theassociation and its executive board are governed by state laws, the C, C & R’s and other documentsthat govern the common‐interest community, decisions made by these persons will affect your useand enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in thecommunity. You may not agree with decisions made by the association or its governing bodies(r_ccrdfm215) Page 3 of 4

even though the decisions are ones which the association is authorized to make. Decisions may bemade by a few persons on the executive board or governing bodies that do not necessarily reflectthe view of the majority of homeowners in the community. If you do not agree with decisionsmade by the association, its executive board or other governing bodies, your remedy is typically toattempt to use the democratic processes of the association to seek the election of members of theexecutive board or other governing bodies that are more responsive to your needs. If you have adispute with the association, its executive board or other governing bodies, you may be able to resolvethe dispute through the complaint, investigation and intervention process administered by the Officeof the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, the NevadaReal Estate Division and the Commission for Common-Interest Communities and Condominium Hotels.However, to resolve some disputes, you may have to mediate or arbitrate the dispute and, if mediationor arbitration is unsuccessful, you may have to file a lawsuit and ask a court to resolve the dispute. Inaddition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may beresponsible for paying your share of the association's cost in defending against your claim.6. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE PURCHASERS OF YOUR PROPERTY WITHINFORMATION ABOUT LIVING IN YOUR COMMON‐INTEREST COMMUNITY?The law requires you to provide to a prospective purchaser of your property, before you enter intoa purchase agreement, a copy of the community’s governing documents, including the C, C & R’s,association bylaws, and rules and regulations, as well as a copy of this document. You are alsorequired to provide a copy of the association’s current financial statement, operating budget andinformation regarding the amount of the monthly assessment for common expenses, including theamount set aside as reserves for the repair, replacement and restoration of common elements. Youare also required to inform prospective purchasers of any outstanding judgments or lawsuitspending against the association of which you are aware. For more information regarding theserequirements, see Nevada Revised Statutes 116.4103 and 116.4109.7. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON‐INTERESTCOMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:(a) To be notified of all meetings of the association and its executive board, except in cases ofemergency.(b) To attend and speak at all meetings of the association and its executive board, except in somecases where the executive board is authorized to meet in closed, executive session.(c) To request a special meeting of the association upon petition of at least 10 percent of thehomeowners.(d) To inspect, examine, photocopy and audit financial and other records of the association.(e) To be notified of all changes in the community’s rules and regulations and other actions by theassociation or board that affect you.8. QUESTIONS?Although they may be voluminous, you should take the time to read and understand thedocuments that will control your ownership of a property in a common‐interest community. Youmay wish to ask your real estate professional, lawyer or other person with experience to explainanything you do not understand. You may also request assistance from the Ombudsman forOwners in Common‐Interest Communities, Nevada Real Estate Division.(r_ccrdfm215) Page 4 of 4

CANYON CREST - Williams & Williams

Create successful ePaper yourself

Delete template?

Save as template?