KNOW ALL MEN BY THESE PRESENTS:

That the TRANSAMERICA TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee, being the owner of the following described property situated in the County of Coconino, State of Arizona, to-wit:

Lots 871 to 922, inclusive, FOREST LAKES ESTATES UNIT ELEVEN, according to the plat of record in the office of the County Recorder of Coconino County, Arizona, in Case  2  of Map    198      thereof; and desiring to establish the nature of the use and employment thereof, does hereby declare said premises subject to the following expressed conditions and stipulations, and such other uses as they may be zoned for by the Planning & Zoning Commission of the County of Coconino, Arizona, when such zoning shall have been approved by the Board of Supervisors of said County and by the architectural Committee referred to herein.

1. That the following listed lots in FOREST LAKES ESTATES, UNIT ELEVEN, 872-896-898-900-901-
903-905-906-907-908, shall be known and described as RESIDENTIAL building lots and shall be used for no other purpose, except as follows:

2. The following listed lots in FOREST LAKES ESTATES, UNIT ELEVEN, 878-879-880-881-891-892-893-913-
916-917-918-919-920-921-922, shall be known and described as MULTIPLE-RESIDENTIAL building lots to include dwellings, motels, hotels, retail stores and other similar uses.

3. The following listed lots in FOREST LAKES ESTATES, UNIT ELEVEN, 871-873-874-875-876, shall be known and described as LIGHT COMMERCIAL building lots to include dwellings, motels, hotels, retail stores and other similar uses.

4. The following listed lots in FOREST LAKES ESTATES, UNIT ELEVEN, 877-882-883-884-885-886-887-888-889-890-894-895-897-899-
902-904-909-910-911-912-914-915, shall be known and described as LIGHT COMMERCIAL building lots to include dwellings, motels, hotels, retail stores and other similar uses.

5. All structures shall be of new materials, or of such materials as shall be approved by the ARCHITECTURAL COMMITTEE.  Simplicity of design, good proportion and an appearance of naturalness to the forest setting, are desired in the completed structure.  House-trailers may be used as dwelling houses when the same contain inside bathrooms the said plumbing meets the requirements provided in paragraph 4 below.

6. No structure shall be commenced or erected on any lot until the design, location, and kind of materials to be used have been approved, in writing, by a three member ARCHITECTURAL COMMITTEE, the first committee being composed of the MOGOLLON INVESTMENT CORPORATION, the other two members appointed by it, which committee shall act until 75% of the lots have been sold by the Trustee and then by a committee elected by a majority of the owners of said lots in said FOREST LAKES ESTATES UNIT ELEVEN.  Any two (2) of the members of such committee may pass upon such design, location and kinds of materials.  In the event such committee fails to approve or disapprove plans within thirty (30) days after written request so to do, then such approval of the committee will not be required, provided, the design, location and kind of materials and buildings to be built shall be governed by all of the restrictions herein set forth and said buildings shall be in harmony with existing buildings and structures in the immediate vicinity in said subdivision.

7. Until such time as sewers may be available all bathrooms, toilets or sanitary facilities shall be connected to septic tank systems constructed according to the specifications of the Coconino County Department of Health.

8. Each owner of any lot shall be responsible for keeping said lot free of debris or waste.  No portion of any lot shall be used for open storage of any nature, except that during the period of construction of any structure there may be stored, adjacent to said structure, materials for use in such structure for a period not to exceed six (6) months. No temporary structures, such as tents, shall be permitted on any lot for a period to exceed one hundred twenty (120) days.

9. The storage, collection, disposal, and removal of all debris, garbage. and trash must be in accordance with County, State, and Forest Service requirements.  All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

10. In the event that during the period in which these restrictions shall govern, the Arizona Public Service shall cause its’ power line to be extended into FOREST LAKES ESTATES, UNIT ELEVEN; then said Arizona Public Service Company shall have easement rights for downguy purposes wherever needed.  Said poer line tobe installed in the street rights-of-way and the down-guy easements hereby granted shall be only at lot corners, extending along lot lines no farther thatn twenty-five (25) feet and being no wider than two (2) feet on any one lot.

11. No advertising signs (except "For Rent " or "For Sale" signs, no larger than 2 X 3 feet), billboards, unsightly objects or nuisance shall be erected placed or permitted to remain on  any of said lots, nor shall the premises be used in any way for any purpose which may endanger the health or unreasonably disturb the holder of any lot in said subdivision; provided, however, that the subdivider and their agents may erect and maintain signs advertising the sale of lots in said subdivision.

12. The foregoing restrictions run with the land and shall be binding until January 1, 1984, at which time said covenants shall be automatically extended for successive periods of five (5) years, unless, by a majority of the then property owners, it is agreed to change these covenants in whole or in part.

13. Deeds of conveyance of said property, or any part thereof, may contain the above restrictive covenants by reference to this document, but whether or not such reference is made in such deeds, or any part thereof, each and all such restrictive covenants shall be valid and binding upon the respective grantees.  Violation of any one or more of such covenants may be restrained by any court of component jurisdiction and damages awarded against such violator. Each and every grantee expressly consents to the entry of a mandate in accordance with said covenants and further expressly consents to the award of reasonable attorney’s fees against him in any action brought to enforce any one or more of such restrictive covenants, provided, however, that a violation of these restrictive covenants, or any one or more of them, shall not affect the lien of any mortgage which may hereafter be placed of record upon said tract or any part thereof.

Should any of the restrictions herein contained be held to be invalid or void, such invalidity or voidance of such restrictions shall in no way affect the validity of the rest of said restrictions.

IN WITNESS WHEREOF, the TRANSAMERICA TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee, has hereunto caused its corporate name to be signed and its corporate seal to be affixed and the same to be attested by the signatures of its duly authorized officers this 18th day of May 1969.

TRANSAMERICA TITLE INSURANCE COMPANY

by:         

     Trust Officer

STATE OF ARIZONA

County of Maricopa

            On this, the 28th day of May 1969, before me the undersigned officer, personally appeared, Vincent A. Pellerito, who acknowledged themselves to be the Assistant Vice President and Assistant Secretary respectively, of the TRANSAMERICA TITLE INSURANCE COMPANY, a corporation, and that they as such officers, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation, as Trustee, by himself as such officers.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

                        Notary Public

My commission expires:      May 14, 1972