KNOW ALL MEN BY THESE PRESENTS:

That the PHOENIX TITLE AND TRUST 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 197 through 307, inclusive, and Parcel “B”, FOREST LAKES ESTATES UNIT FOUR, according to the plat of record in the office of the County Recorder of Coconino County, Arizona, in Case        of Map          and desiring to establish the nature of the use and enjoyment thereof, does hereby declare said premises subject to the following expressed conditions and stipulations as to the use and enjoyment thereof, thereof; to-wit:

1. That all lots in said FOREST LAKES ESTATES, UNIT FOUR,, except lots 206, 229, thru 238, 254 thru 259 thru 272, 297 thru 307, and Parcel “B”, shall be known and described as RESIDENTIAL building lots and shall be used for no other purpose, except as follows:

(a) Churches, or similar places of worship, including a parish house, and convents and dormitories accessory thereto, open land and outside recreational facilities in conjunction with such project may be permitted.

(b) Schools colleges, universities and dormitories accessory thereto, including athletic field, playground and swimming pools, whether private or public.

(c) Public utility buildings and facilities, provided that no public business office of said public utility and no repair or storage facilities may be maintained thereon.

(d) Publicly owned and operated buildings or properties, including, but not limited to parks and playgrounds, but excluding repair and storage facilities.

2. All structures in said FOREST LAKES ESTATES, UNIT FOUR, numbered 206, 229 thru 238, 254 thru 259, 269 thru 272, 297 thru 307 and Parcel “B”, shall be known and described as COMMERCIAL building lots and shall be used only for the purposes hereafter set forth, except that they may be used as residential lots if desired.

(a)    Retail stores, banks, office buildings, sporting goods stores, restaurants, bakery shops, barber shops, automotive service  stations, motels or such other commercial use as may be approved by the ARCHITECTURAL COMMITTEE.

3. With respect to said COMMERCIAL building lots, no building or other structure shall be placed on any said lot so that any portion is closer than fifty (50) feet to the front property line thereof.

4. 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.

5. 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 FOUR.  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.

6. 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.

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 State Highway Commission should designate a ;"State Highway, " as the same is defined in Section 18-101, Arizona Revised S (1956), across  said F OR E ST LAKES ESTATES, UNIT FOUR, or any portion thereof, then the lots which immediately adjoin said "State Highway", or any portion thereof, may be used for such commercial purpose as the same may be zoned by the Planning and Zoning Commission of the County of Coconino Arizona, when such zoning shall have been approved by the Board of Supervisors of said County mid by the ARCHITECTURAL COMMITTEE referred to herein.

11. The foregoing restrictions run with the land and shall be binding until January 1, 1975, 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.

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 PHOENIX TITLE AND TRUST 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 23rd day of April 1965.

PHOENIX TITLE AND TRUST COMPANY

by:                     

  Trust Officer

STATE OF ARIZONA

County of Maricopa

            On this, the 23rd day of April 1965, before me the undersigned officer, personally appeared, Myron C. Howard and K. D. Matteson, who acknowledged themselves to be the Assistant Vice President and Assistant Secretary respectively, of the Phoenix Title and Trust 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:      2-15-67    

AMENDMENT TO DECLARATION OF RESTRICTIONS

FOREST LAKES ESTATES, UNIT FOUR    TRUST NO. 4679

KNOW ALL MEN BY THESE PRESENTS:

That the PHOENIX TITLE AND TRUST COMPANY, an Arizona corporation, as Trustee, having declared the following described real property situated in Coconino County, Arizona:

Lots 197 to 307, inclusive, and Parcel “B”, FOREST LAKES ESTATES, Unit Four, according to the plat of record in the office of the County Recorder of Coconino County, Arizona, in Case 2 of Maps 65-65A thereof;

To be subject to certain restrictions by execution of a written Declaration of Restrictions recorded in the office of the county Recorder of Coconino County, Arizona, in Docket 234, page 652, and desiring to amend said Declaration of Restrictions in the manner herein set forth, and being the owner of all the property to which such amendment pertains (except Lot 303, all persons having any right, title or interest in said Lot 303,having consented and hereby consenting to this Amendment to Declaration of Restrictions and agreeing to be bound hereby), does hereby declare:

1.       There is hereby deleted from Paragraph 1 of said Declaration of Restrictions the provision excepting Lots 254 thru 259, 269 thru 272, 297 thru 307, and Parcel “B” from the provisions of said Paragraph;

2.       There is hereby deleted from Paragraph 2 of said Declaration of Restrictions all reference to Lots 254 thru 259, 269 thru 272, 297 thru 307, and Parcel “B”;

To the end that said lots shall be subject to the provisions of Paragraph 1 of said Declaration of restrictions, and shall thereby be known and described as residential lots, and used only for purposes permitted by said paragraph 1; and that paragraph 2 of said Declaration of Restriction, providing for commercial use of certain lots, shall not be applicable to the lots hereinabove enumerated.

IN WITNESS WHEREOF, the PHOENIX TITLE AND TRUST 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 23rd day of July 1964.

PHOENIX TITLE AND TRUST COMPANY

by:                     

  Trust Officer

As owners of Lot 303 referred to in the foregoing Amendment to Declaration of Restrictions, we and each of us join in said Amendment, consent thereto, and agree to be bound thereby.

STATE OF ARIZONA

County of Maricopa

            On this, the 24^th day of September, 1965, before me the undersigned officer, personally appeared, Raoul t. Jacques and Vincent A. Pellerito, who acknowledged themselves to be the Assistant Vice President and Assistant Secretary respectively, of the Phoenix Title and Trust 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:    2/15/69