River Rock Covenants

REPLACEMENT, RESTATEMENT, AND AMENDMENT TO FIRST AMENDED

DECLARATION OF COVENANTS, CONDITIONS,

AND RESTRICTIONS FOR RIVER ROCK,

GALLATIN COUNTY, MONTANA,

Recorded:

August 4, 1999, in Film 201, Page 2283

Records of Gallatin County, Montana

Amended:

September 14, 1999, in Film 202, Page 4506

July 6, 2000, in Document #2015882

May 22, 2002 in Document #2069900

Records of Gallatin County, Montana

For the purpose of replacing, restating and consolidating the original AFirst Amended Declaration of Covenants, Conditions and Restrictions@ dated August 4, 1999 and the related amendments of record, and to further amend.

RECITALS

WHEREAS, on the 20^th day of September, 1978, at Film 46, Page 373, the Protective Covenants of Royal Village, First Phase, were recorded in the office of the County Clerk and Recorders office; and

WHEREAS, on the 4^th day of August, 1999, at Film 201, Page 2283, records of the Gallatin County Clerk and Recorder, the First Amended Declarations of Covenants, Conditions, and Restrictions for River Rock Subdivision were placed of record; and

WHEREAS, on the 14^th day of September, 1999, at Film 202, Page 4506, and on the 6^th day of July, 2000, as Document No. 2015882, and on the 22^nd day of May, 2002, as Document No. 2069900, Amendments to the First Amended Declaration of Covenants, Conditions and Restrictions for River Rock Subdivision were placed of record; and

WHEREAS, the River Rock Property Owners Association conducted a mail ballot vote whereby the following sections were amended according to the provisions of Article XI, Section 5:

S Article IV, Section 3 - Maximum Annual Assessment

S Article VII, Section 2 - Easements

S Article VIII.A., Section 14 - Antennas and Satellite Dishes

S Article VIII.B., Section 14 - Antennas and Satellite Dishes

S Article VIII..E., Section 15 - Antennas and Satellite Dishes

S Article VIII.F., Section 16 - Antennas and Satellite Dishes

S Article X, Section 6.b - Fireworks

S Article X, Section 5 - Recreational Equipment

S Article X, Section 8 - Street Parking

WHEREAS, the undersigned with the full authority and power to modify and amend the covenants, conditions and restrictions above-referenced does hereby declare as follows:

1. That the recitals as set forth above are hereby incorporated herein by reference.

2. That the covenants, conditions and restrictions above-referenced are hereby revised, replaced and amended with the recording of this document.

Table of Contents

River Rock

First Amended Declaration of Covenants, Conditions & Restrictions

Gallatin County, Montana

Introduction..... 3

Declaration and County Required Covenants..... 5

I. Definitions 6

II. Membership and Voting Rights 7

III. Property Owners Association... 8

IV. Covenant for Maintenance Assessment... 9

V. Sidewalks 10

VI. Maintenance 10

VII. Utilities 11

VIII. Architectural Controls 11

A. River Rock West - Residential Lots 11

B. River Rock West Apartments 14

C. River Rock West Storage Facilities/Garages 16

D. River Rock Village - Commercial 17

E. River Rock East - Residential Lots 19

F. River Rock North - Residential Lots 21

G. School/Parks/Fire District 23

H. River Rock Traditions 25

I. River Rock Villas 28

IX. General Architectural Controls...... 30

X. Use Restrictions. 31

XI. General Provisions... 34

INTRODUCTION

The original Royal Village Phase One Subdivision Plat had Covenants, Conditions and Restrictions which were recorded September 20, 1978 at film 46 Page 373 records Gallatin County Clerk & Recorder. These Royal Village Phase One Covenants are simultaneously revised and replaced with the recording of these River Rock Covenants.

It is the general intent of this document to establish the legal authority for and to list the Covenants that pertain to the various properties within the River Rock development and to establish the River Rock Property Owners Association, Board of Directors and Architectural Review Committee.

The Covenants detail how the various properties within River Rock are to be developed and maintained beyond the minimum requirements of the River Rock Zoning Ordinance. Attached for reference is the Gallatin County-River Rock Zoning Map as Exhibit I. The entire River Rock Zoning Ordinance is available through the Gallatin County Planning Office. More specifically, the Covenants define how buildings and properties within River Rock are to be designed, landscaped and maintained.

When a lot is purchased in River Rock, the owner automatically becomes a member of the River Rock Property Owners Association. The Owners Association is run by a Board of Directors. It is the Board of Directors duty to implement, administer and enforce all the Covenants including protection and maintenance of common areas, buffer easements, roads, stormwater facilities, irrigation ditch maintenance, common utility facilities and other assets common to the Property Owners Association.

The Architectural Review Committee will be the Board of Directors or property owners chosen by the President of the Board of Directors. The Architectural Review Committee=s duty is to, in general, approve or disapprove the building plans, site plans, and landscape plans submitted to it by the individual lot owners.

River Rock falls within the River Rock Zoning District of Gallatin County, Montana and the River Rock Zoning Ordinance and corresponding River Rock Master Plan are the governing administrative documents enforced by Gallatin County. The River Rock Covenants, Conditions and Restrictions are in addition to the basic Zoning District regulations and provisions which are administered by Gallatin County.

The River Rock Master Plan includes various land use areas that are subject to these Covenants with certain areas having specific requirements appropriate for those areas. The intent of the Covenants is to achieve compatibility between the different land use categories so that the entire community maintains an aesthetic continuity and property values are protected and that the health, safety and welfare of the populous is maintained.

Outlined below are the existing and proposed areas within the River Rock project and the uses defined for those areas:

Please see Exhibit II - River Rock Community - Areas Map

River Rock West:

# Includes:

- 252 single-family residential lots (R2) - Residential-Single-Family, Medium Density

- 40 duplex townhome residential lots (R2) - Residential-Single-Family, Medium Density

- 25 four-plex (multi-family) residential lots (100 units) R-TH-Residential- Medium Density Townhouses

- 7.6 acre apartment site (2 lots) for up to 140 residential units (APT) Apartments

- 4.5 acre storage area (2 lots) (STG) - Storage Facilities/Garages

- 40 Traditional Style Single Family Lots

# For modular and/or site constructed housing units on lots

River Rock Village:

- Central River Rock Park (PLI)-Public Lands and Institutions

- Entrance Park (PLI)-Public Lands and Institutions

- Commercial area (B-3)-Central Business (7 lots)

# For modular and/or site constructed commercial buildings on lots

River Rock East:

- Green Belt Park (PLI) Public Lands and Institutions

- 47 Single-family residential lots (R2)-Residential-Single-Family, Medium Density

- School site (500 student K-4) (PLI) Public Lands and Institutions

# For manufactured housing units on lots

River Rock North: (Residential Park)

- River Rock North Park (PLI) Public Lands and Institutions

- Green Belt Park (PLI) Public Lands and Institutions

- 215 Manufactured Home Rental Spaces (RMH) Residential Mobile Home

- Wastewater utility area (PLI) Public Lands and Institutions

- Manager=s/Administrative Center (RMH) Residential Mobile Home

# For manufactured housing units on lots

River Rock Traditions:

- 202 Traditional Single-Family Residential Lots (R-2)

- Green Belt Park (PLI) Public Lands and Institutions

# For modular and/or site constructed housing units on lots

River Rock Villas:

- 39 4-plex (multi-family) residential units

(156 units minimum) R-TH Residential-Medium Density Town homes

# For modular and/or site constructed housing units on lots

WITNESSETH:

WHEREAS, Declarant is the owner of certain property in the County of Gallatin, State of Montana, which is more particularly described as:

River Rock Subdivision including Royal Village Subdivision, Phase One (1978), located in the South 2 of Section 3, Township 1 South, Range 4 East, P.M.M., Gallatin County, Montana.

NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof.

GALLATIN COUNTY PLANNING DEPARTMENT

REQUIRED COVENANTS

The property owners' association shall be responsible for the control of County-declared noxious weeds.

The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual owners on their respective lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The landowner does not control the noxious weeds, after 10 days notice from the property owners= association, the association may cause the noxious weeds to be controlled. the cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within 30 days of the mailing of such assessment.

Lot owners and residents of the mobile home park are informed that nearby uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in smoke, dust, animal odor, flies and machinery noise. Standard agricultural practices feature the use of heavy equipment, burning, chemical sprays and the use of machinery early in the morning and sometimes late into the evening.

All new dwellings or home business occupancies built prior to the provision of an adequate water supply for fire fighting purposes shall be constructed with an automatic fire sprinkler system meeting the requirements of NFPA 13D/Uniform Fire Code. The fire district shall receive a stamped set of engineered sprinkler system plans for review and approval prior to construction. Inspections shall be scheduled, with 48-hour notice, during construction and after completion.

Mobile home stands shall be equipped with anchors and tie-downs in conformance with the Uniform Building Code.

Each mobile home stand shall be constructed to provide adequate support for placement of each mobile home, including a stabilize sub-base alone with an appropriate base material (gravel, concrete, etc.) to be approved by the County Road & Bridge Department.

All exterior boundary fences shall be maintained by the property owners= association.

Only single-wide mobile homes are permitted on 50-foot-wide lots.

All residences shall have their addresses posted and addresses shall be visible from the roads.

Lot owners and residents of the subdivision are informed that nearby uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in smoke, dust, animal odors, flies and machinery early in the morning and sometimes late into the evening.

Individual lot access from County public roads shall be built to the standards of Section 7.G.2 of the Subdivision Regulations.

The property owners' association shall be responsible for maintenance of interior subdivision roads.

All fences bordering agricultural lands shall be maintained by the property owners, in accordance with state law.

Any covenant which is included herein as a condition of the preliminary plat approval and required by the County Commission shall not be amended or revoked without the mutual consent of the owners, in accordance with the amendment procedures in the covenants, and the County Commission.

ARTICLE I - DEFINITIONS

Section 1. AAssociation@ shall mean and refer to River Rock Property Owners Association, its successors and assigns.

Section 2. AOwner@ shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is part of the properties. Owner shall also include the purchaser under a Contract for Deed.

Section 3. AProperty@ or AProperties@ shall mean and refer to that certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4. ALot@ shall mean and refer to any plat of land shown upon any recorded subdivision of the properties.

Section 5. ADeclarant@ shall mean and refer to Valley Meadows, LLC and River Rock West, LLC. (Potter Clinton Development, Inc., Managing Member)

ARTICLE II - MEMBERSHIP AND VOTING RIGHTS

Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

Section 2. The term ADirectors@ shall mean the Directors of the Association and shall consist of three lot owners who shall be elected at the annual meeting by a simple majority of the members of the Association. That Board of Directors shall be elected for a term set by a simple majority of the membership but not less than one year. Each director shall serve until replaced by his successor. Any vacancy in the Board of Directors occurring before the next annual meeting of the members shall be filled by appointment by the remaining directors.

Section 3. The Directors shall have the authority to act on behalf of the Association and its members as shall be reasonably necessary to carry out the purposes of the Association and enforce these Covenants. The Directors shall act by majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors.

Section 4. The Directors shall serve as the Architectural Review Committee until and unless a majority of the members vote to have a separate Architectural Review Committee.

Section 5. Directors shall also serve as officers which shall be designated by a simple majority of the members at the annual meeting unless and until a majority of the members vote to have officers elected separate and apart from the directors.

Section 6. The duties of each of the officers shall be as follows:

a. President. The President shall preside over all meetings of the Association. He shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the Association. He shall perform such duties as may be specified, and exercise such powers as may be delegated to him by the Association.

b. Vice President. The Vice President shall exercise the powers of the President in the absence of the President.

c. Secretary/Treasurer. The Secretary shall give notice of all meetings of the Association. He shall keep a record of the proceedings of the meetings of the Association. He shall be authorized to sign, on behalf of the Association, all records, documents and instruments when such are authorized to be signed by the Association. He shall exercise such other duties as may be designated by the Association.

The Treasurer shall keep and maintain adequate and correct accounts of the properties and business of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains and losses of the Association. He shall prepare and render such periodic accountings as shall be required of the Association.

Section 7. A vacancy in any office of the Association shall be filled by appointment by the Board of Directors until the next annual meeting or his/her successor is duly appointed or elected.

Section 8. The annual meeting of the Association shall occur on May 1st of each year. Any special meeting may be called by the President, or in his absence, by the Vice President. In addition, a special meeting shall be held upon call of 25% of the owners. Special meetings shall require 48 hours notice, in writing. Notice of annual and special meetings shall be mailed to owners at the address for each owner which is listed as such on the official plats and records of Gallatin County, as maintained by the Clerk and Recorder, Gallatin County, or at such address as shall be designated, in writing, by owner. The presence of members representing 60% of the total votes of the membership shall constitute a quorum.

Section 9. If proposed action is favored by a majority of the votes cast at a meeting, but such vote is less than the requisite sixty percent (60%) of the members, members who were not present in person or by proxy may give their assent to any action in writing, provided the same is received by the appropriate officer of the Association not later than thirty (30) days from the date of such meeting wherein the action was voted on.

ARTICLE III - PROPERTY OWNERS ASSOCIATION

The Association, acting through its Board of Directors, shall have the power and authority to take such actions as shall be necessary or reasonable to care for, protect and maintain the common areas, buffer easements, roads, stormwater facilities, common utility facilities and other assets; to enforce these Covenants; to collect assessments; to set annual and/or special meetings; and to act in any other matters set forth herein or which may serve the development, including the formation of special improvement districts, improvement districts for upgrades to Amsterdam Highway, either public or private, park districts, water and sewer company, shade tree district or other improvement districts for such improvements as the Association shall approve.

The Association shall hold an annual meeting each year at such date, place and time as shall be set by the Board of Directors. At the annual meeting, the members shall review and approve a budget for the next year, shall elect Directors to fill any expired term or vacant position, and shall conduct such other business as shall be reasonable or necessary to carry out the purpose of the Association. The members shall have the authority to set the number of Directors, which initial number and future minimum number shall be three.

The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the members. At the annual meeting, the Directors shall elect a President, Vice President and Secretary/Treasurer for the Association from among the Directors, except that the Secretary/Treasurer may be a member who is not a Director.

For the purpose of determining membership, at any meeting a person(s) or entity (ies) shall be deemed to be a member upon the recording of a duly executed deed to an owner or upon the recording of a Notice of Purchaser=s Interest or an Abstract of Contract for Deed showing a contract purchase by an owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership nor shall residents who are renters.

Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgage, beneficiary or original seller on a contract or repossession for any reason of a lot or unit sold under a contract shall terminate the vendee=s membership, whereupon all rights to such membership shall vest in the legal owner.

ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENT

Section 1. Creation of the Lien for Personal Obligation of Assessments. The Owner of any Lot by acceptance of a Contract of Sale or a deed therefore, whether or not it shall be so expressed in such deed or contract, is deemed to covenant and agree to pay to the Association (a) annual assessments or charges and (b) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time the assessment fell due.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties.

Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment shall be as follows:

$300.00 per detached single family living unit or fee-simple duplex living unit.

$255.00 per four-plex living unit

$233.00 per six-plex living unit

$210.00 per eight-plex living unit

$165.00 per twelve-plex living unit

$300.00 per Commercial lot.

Notwithstanding any other provision herein, no Lot owned by Declarant shall be subject to annual or other special assessments unless and until such Lot has been sold or transferred to a third party. Thereafter, annual assessments shall be determined by the Board of Directors, provided, however, that from January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may not be increased each year more than ten percent (10%) above the maximum assessment for the previous year without the vote or written assent of sixty percent (60%) of the membership.

Section 4. Notice of Quorum for any Action Authorized Under Section 3. Any action authorized under Section 3 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than ten (10) days in advance of the meeting.

Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all deeded Lots including consideration for total numbers of dwelling units and commercial uses.

Section 6. Date of Commencement of Annual Assessments - Due Dates. The annual assessments provided herein shall be levied on the first day of January following the closing of the sale to an individual Owner. Voting rights attributable to property interest shall not vest until assessments against those interest have been levied by the Association. The first annual assessment for each Lot shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each deeded Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on specific Lot have been paid.

Section 7. Delinquent Dues and Assessments. After any dues or assessments have been delinquent for a period of two months or more, the Association may mail to the owner a notice of delinquency. After any dues or assessments have been delinquent for a period of four months or more, the Association shall be entitled to file a lien against the owner's property, provided said Association has given notice of delinquency 30 days in advance which shall be filed in accordance with the provisions of Title 71, Chapter 3, M.C.A. The Association shall have all rights and remedies as provided herein.

The Declarant and each Lot Owner, by entry into an agreement to purchase a Lot and taking title to the same, waive the right to protest any special improvement district created and of public record in existence prior in time to Owner receiving title to any Lot. In this regard, Owner, prior to taking title to a Lot, is advised to review or seek advice with respect to the public record in the Gallatin County Clerk and Recorder=s Office.

ARTICLE V - SIDEWALKS (Sidewalk Exhibit III)/DRIVEWAYS-PARKING

Sidewalks, constructed to the attached standards Exhibit III, shall be installed on both sides of the streets at the time houses are constructed on individual lots. Upon the third anniversary (3 years) of each final plat phase recordation, any Lot Owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the Lot or not. In the event that said Lot Owner shall fail to do so, the Association may do so and the cost shall be added to and become a part of the assessment to which such Lot is subject.

All driveways and parking areas or spaces are to be concrete or asphalt.

ARTICLE VI - MAINTENANCE

Owners are required to establish lawn or other suitable landscaping for their Lot. They shall also mow, irrigate, control noxious weeds and otherwise maintain their Lot and the right-of-way boulevard that adjoins their Lot so that the landscaping does not detract from the general appearance of the subdivision in the opinion of the Architectural Review Committee. To prevent the potential for groundwater contamination, the amount and type of chemicals applied to yards shall be restricted to acceptable standards.

In the event that the need for maintenance or repair or weed control is caused through the willful or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. For purposes of this Article, maintenance and repair caused by willful acts of the Owners shall include maintenance and repairs required as a result of utility repairs or other actions or contractors or agents of the Owner performed outside the boundary of his Lot.

The Covenants and Restrictions of this Declaration on exterior maintenance shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association and the Owner of any Lot subject to this Declaration.

ARTICLE VII - UTILITIES

Section 1. Refuse Disposal. No part of the above described property shall be used or maintained as a dumping ground for rubbish, trash or garbage. All waste shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall comply with all applicable laws and regulations.

Section 2. Easements. At no time will patios, barbecues or other permanent structures be erected upon any utility easement within the exterior boundary of a Lot. Fencing of a permanent nature shall be permitted only if it is of a type that is easily and quickly removed in the form of panels, gates or other similar units of construction. Except as otherwise approved, if a fence is constructed in such a way so that the easement area within the lot is effectively separated from the yard area, the separated easement area must be minimally improved as follows:

S Commercial grade weed barrier must be installed over entire area between fence and property line

S 4" of 3/4" minus or smaller gravel must be installed over the entire weed barrier area.

Section 3. Reservations of Utility Easements. Each lot in the above-described property shall be subject to an easement for the purposes of constructing, operating, maintaining, enlarging, reducing, removing, laying or relaying lines and related facilities and equipment for utilities including but not limited to those providing heat, communication and electrical power.

ARTICLE VIII - ARCHITECTURAL CONTROLS

A. RIVER ROCK WEST RESIDENTIAL LOTS (single family residences, duplex townhomes & 4-plexes.)

Section 1. Temporary Residential Structures Forbidden. No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2. Minimum Residence Requirements. All single family dwellings shall have a minimum of 1,000 square feet of floor space together with at least a single-car attached or detached garage. The 1,000 square feet must be at daylight level or above grade and is excluding basements, garages, carports, porches, etc. All duplexes and townhouses and 4 plexes shall have a minimum of 900 square feet and at least a single car attached or detached garage for each unit. It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than, other dwellings in the River Rock West area conform with the Uniform Building Code (UBC). Applicable requirements of Gallatin County and the Montana Building Code shall also be met. All plans must be approved by the Architectural Review Committee. Plans shall include a scaled site plan at 1" = 20' scaled floor plans and elevations. A list of exterior materials and colors shall also be submitted. There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3. Landscape Plan. Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owner=s first occupancy of the residence. As part of the landscape plan the requirement for boulevard trees shall be as required. Patmore Ash shall be planted 3' behind street edge sidewalk on 20' to 30' centers. This shall include a minimum of two boulevard trees per lot.

Section 4. Exterior Siding. The exterior siding of the structure shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding. However, no sheet or panel metal siding nor cement block siding is allowed. No plywood sheet siding is allowed.

Section 5. Roofs of Structures. The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed. Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored to match the trim or color of the roof. Steel galvanized gutters are not allowed. The roofs shall have a minimum pitch of 4/12. Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of 12 inches.

Section 6. Foundation of Structures. Within River Rock West, all foundations for residential units shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited. Exposed concrete shall be limited to a maximum of 12" from the bottom of siding to the finish grade.

Section 7. Colors of Structures. The exterior colors of the structures shall be earth tones, pastels, white or wood colors. No bright or shiny colors on exterior siding shall be allowed. For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed. Colors are to be compatible with the balance of the neighborhood.

Section 8. Exterior Structures. The exterior design, style and colors of each of the outbuilding and structures on a Lot shall conform to the design, style and colors of the residence. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches. The building should be a visual combination of forms that does not give a Abox@ appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9. Entrances. The main entrance to the living structures shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival. It shall provide weather protection and visual definition. A concrete walk shall be provided from the driveway to the main entrance.

Section 10. Architectural Enhancement. Any River Rock West residential structure constructed shall contain an offset or setback in its architectural design and construction of a minimum of 2 feet between the residence and attached garage or, in the alternative, a 2 foot offset or setback of at least 30% of the total linear distance of the front facade of the residence or other consideration approved by the Architectural Review Committee.

Section 11. Zoning Regulations. The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County. Single-family and duplex townhome residential structures shall conform to the R-2 Single Family Zoning Regulations with height limitation of 24' and 4 plex structures shall conform to the RTH Zoning Regulations with height limitations of 32'.

Section 12. Accessory Buildings. All necessary buildings, such as garages and storage buildings, shall be approved by the Architectural Committee and shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 13. Fencing. Backyards and side yards may be fenced with wood or materials that look like wood. The front yard toward the public road shall not be fenced. No chain link or wire fences shall be allowed. Fences shall be maintained in good condition. Fences cannot be higher than six feet.

Section 14. Antennas and Satellite Dishes. Except as otherwise approved, no resident shall have visible from the public street right-of-way any antennae or satellite dish. In no case shall a satellite dish exceed 20" in diameter.

Section 15. Dog Kennels. No dog kennels, fenced dogs or chained dogs are allowed on the 4 plex lots (RTH). Dog kennels with concrete floors are allowed for single family and duplex townhomes provided they do not exceed 10 feet by 20 feet in size and are located in the rear yards and screened or fenced from the neighbor=s view. Such kennels are to be kept in a clean and odor free condition at all times.

Section 16. Street Lighting. Upon construction of each home, a light of a design prescribed by the Architectural Review Committee shall be installed by the Owner where the driveway intersects the front property line. On duplex/townhouse lots or 4 plex lots only one light shall be permitted per unit. The lights shall be placed where the driveway intersects the front property line on the inside edge of the driveway. The light must be activated by photocell for nighttime operation. The Owner shall be required to provide power and maintenance for the light.

Section 17. Amsterdam Highway/Royal Road Required Landscape Buffer. (Exhibit IV) A rear yard or side yard landscape buffer of 10' is required on all R2 & RTH lots adjacent to Amsterdam Highway and Royal Road. This 10' buffer will be an easement to the River Rock Property Owners Association and constructed and administered by the Association. Individual lot owners are not to interfere with the fencing or buffer planting. This buffer and fencing is required in the River Rock Zoning Ordinance.

Section 18. River Rock West Traditional Lots. In addition to all other provisions in Article VIII.A. Sections 1 through 17, all homes constructed in the area labeled as ARiver Rock West Traditional Lots@ on the AMarch 2002 River Rock Area Plan@ shall also conform to the following design criteria:

SMinimum width of the main portion of the dwelling unit shall be twenty (20) feet.

SThe pitch of the main roof shall not be less than eight (8) inches of rise for every twelve (12) inches of horizontal run. Minimum distance from eaves to ridge shall be eleven (11) feet.

SAll garages must be a minimum of 11' wide and shall be set back a minimum of twelve (12) feet from the front of the home including porches if the garage is accessed from the front of the home.

SAll homes must have a covered porch with at least sixty-four (64) square feet total.

B. RIVER ROCK WEST APARTMENTS (Multi Family Units as Allowed)

Section 2. Minimum Dwelling Unit Requirements. All apartment dwellings shall have a minimum of 450 square feet of floor space per unit and are not required to have garages. The 450 square feet must be at or above grade and is excluding porches, etc. It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock West area, conform with the Uniform Building Code (UBC). Applicable requirements of Gallatin County and the Montana Building Code shall be met.. All plans must be approved by the Architectural Review Committee. Plans shall include a scaled site plan at 1"=50' showing access, drives, parking, buildings, and other site elements. Scaled floor plans and elevations prepared by an architect licensed in the State of Montana are required and a list of exterior materials and colors shall also be submitted. There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 4. Exterior Siding. The exterior siding of the structures shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding. However, no sheet or panel metal siding nor cement block siding is allowed. No plywood sheet siding is allowed.

Section 6. Foundation of Apartments. All foundations for Apartment units shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited. Exposed concrete shall be limited to a maximum of 12" from the bottom of siding to the finish grade.

Section 8. Exterior of Structures. The exterior design style and colors of each of the outbuildings, garages, carports, etc. within the Apartment lot shall conform to the design, style and colors of the residence. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches. The building should be a visual combination of forms that does not give a Abox@ appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 10. Architectural Enhancements. Apartment structures and accessory buildings shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 11. Zoning Regulations. The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County. Apartment structures shall conform to the APT - Apartment (APT) Zoning Regulations with height limited to 36'.

Section 13. Fencing. Privacy fencing contiguous to Apartment dwelling units are limited to fencing types compatible with the architectural character of the buildings and is limited to 6' high. Fences shall be approved by the Architectural Committee.

Section 14. Antennas and Satellite Dishes. Antennas or satellite dishes are allowed in the Apartment APT area so long as they are not visible from the public street right-of-way.

Section 15. Dog Kennels. No dog kennels, fenced dogs or chained dogs are allowed on the Apartment (APT) lots.

Section 16. Street Lighting. Area lighting, drive lighting, and street lighting is to be of a pedestrian scale with fixtures compatible with the architectural character of the structures and approved by the Architectural Committee.

C. RIVER ROCK WEST STORAGE FACILITIES/GARAGES

Section 2. Minimum Layout Requirements. All storage structures and storage compound areas are to be arranged to accommodate reasonable access and egress with gravel drives. It is the intention of this Covenant to insure that all storage facilities shall be of a quality workmanship and materials. Applicable requirements of Gallatin County and the Montana Building Code shall also be met. All plans must be approved by the Architectural Review Committee. Plans shall include a scaled site plan at 1"=50', scaled floor plans and elevations. A list of exterior materials and colors shall also be submitted. There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3. Landscape Plan. Landscape plans shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within 12 months after building completion. As part of the landscape plan, the Perimeter Landscape Buffer required in the Zoning Regulation must be accomplished.

Section 4. Exterior Siding. The exterior siding of the storage structures shall consist of wood, wood look-alikes, wood products, or other high quality manufactured exterior materials. No plywood sheet siding is allowed.

Section 5. Roofs of Structures. The roofing materials of the storage structures shall consist of high quality manufactured roofing materials but no rolled roofing or galvanized materials are allowed. Rain gutters are allowed, provided the same are colored to match the trim or color of the roof. Steel galvanized gutters are not allowed.

Section 6. Concrete Slab. All storage structures are to include a concrete slab floor. Asphalt or gravel or earthen flooring is not allowed.

Section 8. Zoning Regulations. The height of the structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County. Storage Facilities/Garage structures shall conform to the Storage Facility/Garages (STG) Zoning Regulations with height limited to 20'.

Section 9. Fencing. Required screen fencing shall be a 6' high, cedar slat fence as per Zoning Regulation and approved by the Architectural Committee.

D. RIVER ROCK VILLAGE - COMMERCIAL

Section 2. Minimum Layout/Design Requirements. All plans must be harmonious with the overall plan for the development. All plans, materials and specifications must be suitable to the site, adjacent properties and the neighborhood. All improvements must be compatible with the surrounding properties so as to not impair or degrade property or aesthetic values and conform with the Uniform Building Code (UBC). Applicable requirements of Gallatin County and the Montana Building Code shall also be met. All plans must be approved by the Architectural Review Committee and all commercial structures are to be designed by an architect licensed in the State of Montana. The following design submittal is required:

a) Site plans including landscaping, driveways, walks and decks. (Scale: 1/8" = 1'-0" or similar engineering scale

b) Complete construction drawings - Two (2) sets shall be submitted to the Committee for approval. Each set shall include floor plans, exterior elevations of all sides, roof design, specifications and any construction details. (scale 1/4"=1'-0")

c) Samples of all exterior materials with their respective color proposals in an adequate size to evaluate properly. The time allowed for review of the plans will be no longer than 15 days from the time all design submittal requirements are received by the Committee. The time for plan review shall be adjusted accordingly if plans are submitted during any holidays. Approval of plan submittal shall require a majority by the Committee.

d) A review fee will be required at the time of submission of all the design submittal documents and materials. The Owner shall submit the required design review fee to the Committee. The purpose of the design review fee shall be to defray the Associations=s cost of review of all proposed site plans and specifications submitted to them. The fee, which shall be set by the Directors from time-to-time shall initially be $50.00.

There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to both the final approved plans by the Committee.

It is the intention of this Covenant to insure that all commercial structures shall be of a quality workmanship and materials substantially the same as, or better than other commercial structures in the development.

Section 3. Landscape Plan. Landscape plans shall be submitted to the Architectural Review Committee for their approval and he landscaping shall be completed within 12 months after building completion. As part of the landscape plan, the Perimeter Landscape Buffer required in the Zoning Regulation must be accomplished.

Section 6. Foundation of Commercial Buildings. All foundations for Commercial Buildings shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited.

Section 8. Exterior of Structures. The exterior design, style and colors of outbuildings within the Commercial lots shall conform to the design, style and colors of the building. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches. The building should be a visual combination of forms that does not give a Abox@ appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9. Entrances. The main entrances to the Commercial buildings shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival. It shall provide weather protection and visual definition. A concrete walk shall be provided from the driveway to the main entrance.

Section 10. Architectural Enhancement. Commercial structures and accessory buildings shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 11. Zoning Regulations. The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County. Commercial structures shall conform to the B3-Commercial Zoning Regulations with height limited to 42'.

Section 12. Fencing. Fenced areas contiguous to commercial buildings are limited to fencing types compatible with the architectural character of the buildings an is limited to 6' high.

Section 13. Antennas & Satellite Dishes. Antennas or satellite dishes are allowed in the Commercial (B3) area. so long as they are not visible from neighboring properties.

Section 14. Dog Kennels. No dog kennels, fenced dogs or chained dogs are allowed on the Commercial (B3) lots.

Section 15. Street Lighting. Area lighting, drive lighting, and street lighting is to be of a pedestrian scale with fixtures compatible with the architectural character of the structures and shall be approved by the Architectural Committee.

E. RIVER ROCK EAST RESIDENTIAL LOTS (single family residential)

Section 2. Minimum Residence Requirements. All single family dwellings shall have a minimum of 900 square feet of floor space together with at least a single car attached or detached garage. The 900 square feet must be at or above grade and is excluding basements, garages, carports, porches, etc. It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock East area, and conform with Housing Urban Development HUD codes. All plans must be approved by the Architectural Review Committee. Plans shall include a scaled site plan at 1"=20', scaled floor plans and elevations for all structures. A list of exterior materials and colors shall also be submitted. There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 5. Roofs of Structures. The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed. Steel galvanized gutters are not allowed. The roofs shall have a minimum pitch of 3/12. Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of 10 inches. No bright colored roofs will be allowed.

Section 6. Foundation of Structures. Within River Rock East all foundation for residential units shall be on permanent mortared-block or concrete foundations or other HUD approved foundations acceptable to Gallatin County.

Section 8. Exterior of Structures. The exterior design, style and colors of each of the outbuilding and structures on a Lot shall conform to the design, style and colors of the residence. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches. The building should be a visual combination of forms that does not give a Abox@ appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 10. Zoning Regulations. The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County. Single family structures shall conform to R-2 Single Family Zoning Regulations with height limitations of 24'.

Section 11. Accessory Buildings. All accessory buildings, such as garages and storage buildings, shall be architecturally compatible with the residence on or being constructed on the Lot and are subject to Architectural Review Committee approval.

Section 14. Fencing. Backyards and side yards may be fenced with wood or materials that look like wood. The front yard toward the public road shall not be fenced. No chain link or wire fences shall be allowed. Fences shall be maintained in good condition. Fences cannot be higher than six feet. All fencing shall be approved by the Architectural Review Committee.

Section 15. Antennas and Satellite Dishes. Except as otherwise approved, no resident shall have visible from the public street right-of-way any antennae or satellite dish. In no case shall a satellite dish exceed 20" in diameter.

Section 16. Dog Kennels. Dog kennels with concrete floors are allowed for single family and duplex townhomes provided they do not exceed 10 feet by 20 feet in size and are located in the rear yards and screened or fenced from the neighbor=s view. Such kennels are to be kept in a clean and odor free condition at all times.

Section 17. Street Lighting. Upon construction of each home, a light of a design prescribed by the Architectural Review Committee shall be installed by the Owner where the driveway intersects the front property line. The lights shall be placed to the left side where the driveway intersects the front property line on the inside edge of the driveway. The light must be activated by photocell for nighttime operation. The Owner shall be required to provide power and maintenance for the light.

Section 18. Amsterdam Highway/Royal Road Required Landscape Buffer. (Exhibit IV) A rear yard landscape buffer of 10' is required on all R2 lots adjacent to Amsterdam Highway. This 10' buffer will be an easement to the River Rock Property Owners Association and constructed and administered by the Association. Individual lot owners are not to interfere with the fencing or buffer planting. This buffer and fencing is required in the River Rock Zoning Ordinance. Fence/Buffer Detail - Exhibit IV.

F. RIVER ROCK NORTH RESIDENTIAL - MANUFACTURED HOMES ON RENTAL SPACES

Section 1. Temporary Residential Structures Forbidden. No residential structure of a temporary character, basement, tent, shack, or any other residential outbuilding shall be used on any site at any time as a residence temporarily. All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2. Minimum Residence Requirements. All single-family dwellings in

River Rock North shall have a minimum of nine hundred (900) square feet of floor space together with at least two off-street parking spaces. The nine hundred (900) square feet must be at or above grade and is excluding basements, garages, carports, porches, etc. It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock North area, and conform with Housing Urban Development (HUD) codes. All plans must be approved by the Architectural Review Committee. Plans shall include a scaled site plan at 1"=20', scaled floor plans and elevations. A list of exterior materials and colors shall also be submitted. There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to the Architectural Review Committee approved final plans.

Section 3. Orientation of Home on Lot. All homes placed in River Rock North

shall be Aend-loaded,@ meaning the longest side of the home must be placed parallel to the longest side lot line.

Section 4. Age Requirement of Homes. No home placed in River Rock North may

exceed five (5) years in age from the time of original placement. Determination of age shall be confirmed by the serial number placed on the home by the factory.

Section 5. Garage/Storage Requirements. All homes placed in River Rock North

shall have either a single attached or detached garage or an 8'x8' storage shed. The garages and the storage sheds shall be of a design approved by the Architectural Review Committee and shall be placed or constructed in accordance with an approved Gallatin County Land Use Permit. Attached carports providing a covered entry walk may also be constructed on the lots. Construction of a carport does not negate the need for a storage shed. Carports must also be approved by the Architectural Review Committee.

Section 6. Landscape Plan. Landscaping plans emphasizing lawn areas shall be

submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owner=s first occupancy of the residence. As part of the landscape plan, boulevard trees shall be as required. Patmore Ash shall be planted four feet (4') behind street edge sidewalk as shown on the attached ARiver Rock North street tree planting detail@.

Section 7. Exterior Siding. The exterior siding of the structure shall consist of

wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding. However, no sheet or panel metal siding nor cement block siding is allowed. No plywood sheet siding is allowed.

Section 8. Roofs of Structures. The roofs shall be covered with shakes, tiles or

shingles and no rolled roofing shall be allowed. Steel galvanized gutters are not allowed. The roofs shall have a minimum pitch of 3/12. Further, all multiple unit structures shall be constructed so that the roof overhang and gable end are a minimum of eight inches (8"). No bright colored roofs will be allowed.

Section 9. Foundation of Structures. Within River Rock North all foundation

blocking and skirting and tie downs for residential units shall be, at a minimum of HUD approved standards and be installed according to the blocking detail of record in the River Rock Zoning Regulation, acceptable to Gallatin County and completed within thirty (30) days. All skirting shall be approved by the Architectural Review Committee.

Section 10. Colors of Structures. The exterior colors of the structures shall be

earth tones, pastels, white or wood colors. No bright or shiny colors on exterior siding shall be allowed. For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed. Colors are to be compatible with the balance of the neighborhood.

Section 11. Exterior Structures. The exterior design, style and colors of each

exterior structure on a site shall conform to the design, style and colors of the residence. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least four inches (4"). Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 12. Entrances. The main entrance to the multi section living structures

shall be located underneath a dormer denoting a clear sense of arrival. It shall provide weather protection and visual definition. A concrete walk shall be provided from the driveway to the main entrance.

Section 13. Zoning Regulations. The height of structures erected within the

confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County. Single family structures shall conform to RMH Zoning Regulations with height limitations of twenty-four feet (24').

Section 14. Accessory Buildings. All accessory buildings, such as carports and

storage buildings, shall be architecturally compatible with the residence on or being constructed on the site.

Section 15. Fencing. Yards may be fenced according to the attached fencing detail

only. The fence must be constructed in strict compliance with the detail and may not exceed four feet (4') in height and must be painted or stained white or shades thereof. The fence may not be constructed beyond a point ten feet (10') from the front of the home on the back door side of the home and may not be constructed beyond the rear of the front door.

Section 16. Antennas and Satellite Dishes. Except as otherwise approved, no

resident shall have visible from the public street right-of-way any antennae or satellite dish. In no case shall a satellite dish exceed 20" in diameter.

Section 17. Dog Kennels. All dog kennels must be located directly behind the

home on a concrete pad no larger than 10' H 10' and must be kept free from odors.

Section 18. Street Lighting. Upon construction of each home, a light of a design

prescribed by the Architectural Review Committee shall be installed by the Owner where the driveway intersects the street sidewalk toward the middle of the lot. The light must be activated by photocell for nighttime operation. The Owner shall be required to provide power and maintenance for the light.

Section 19. North Edge Buffer Fence. A rear yard six foot (6') high cedar slat

buffer fence is required on all RMH spaces adjacent to the north property line. This fence will be constructed on the property line and maintained by the Association. Individual lot owners or tenants are not to interfere with the fencing.

Section 20. River Rock North Community Guidelines. River Rock North will

include rental spaces for manufactured homes and will include rules and regulations specific to River Rock North. Said Community Guidelines are subject to change and refinement from time to time by the Declarant or Owner of River Rock North.

Section 21. Removal of All Hitches. All transport hitches, axles, wheels and

running gear are to be removed prior to occupancy.

G. SCHOOL/PARKS/FIRE DISTRICT (PLI)

Section 1. Temporary Residential Structures Forbidden. No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence temporarily. All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2. Minimum Layout/Design Requirements. All plans must be harmonious with the overall plan for development. All plans, materials, and specifications must be suitable to the site, adjacent properties and neighborhood. All improvements must be compatible with the surrounding properties so as to not impair or degrade property or aesthetic values. Applicable requirements of Gallatin County and the Montana Building Code shall be met. All plans must be approved by the Architectural Review Committee.

There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building and landscaping must conform to both the final approved plans by the Committee.

It is the intention of this Covenant to insure that all structures and facilities shall be of quality workmanship and materials.

Section 6. Foundation of Buildings. All foundations for Buildings shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited.

Section 8. Exterior Structures. The exterior design, style and colors of outbuildings shall conform to the design, style and colors of the building. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least 4 inches. The building should be a visual combination of forms that does not give a Abox@ appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9. Entrances. The main entrances to the buildings shall be architecturally defined and enhanced by incorporating an entry porch or gable extending over the entrance denoting a clear sense of arrival. It shall provide weather protection and visual definition. A concrete walk shall be provided from the driveway to the main entrance.

Section 10. Architectural Enhancement. Structures and accessory buildings shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 12. Fencing. Fenced areas contiguous to commercial buildings are limited to fencing types compatible with the architectural character of the buildings and is limited to 6' high. All fencing shall be approved by the Architectural Committee.

Section 13. Antennas & Satellite Dishes. No visible antennas or satellite dishes are allowed in the Commercial (B3) area.

Section 14. Dog Kennels. No dog kennels, fenced dogs or chained dogs are allowed within the PLI.

Section 15. Street Lighting. Area lighting, drive lighting, and street lighting is to be of a pedestrian scale with fixtures compatible with the architectural character of the structures. Fixtures shall be prescribed by or approved by the Architectural Committee.

H. RIVER ROCK TRADITIONS

The criteria outlined below will be of paramount importance in the review and approval process of house plans by the Architectural Control Committee. These architectural themes are the foundation for the design of homes in the ATraditions@ neighborhood.

Architectural Themes

- Highly visible and useable covered front entry porches, which provide a well accented, weather protected front entry.

- Alley accessed garages where possible.

- Architectural roof lines using dormers and Ashed@ roofs to visually break up long expanses of roof area. Gabled ends are strongly encouraged.

- Appropriate orientation and colors of garage doors so that the garage is subdued and not the dominant visual feature from the street or alley.

- Appropriate use of natural Aearth-tone@ colors with an emphasis placed on horizontal siding materials with pleasant accenting trim colors.

- Four sided architecture that is pleasing and friendly on all sides.

The theming outlined above is not intended to inhibit creative architectural solutions, but is specifically intended to create an inviting pedestrian scaled street scape.

Section 1. Temporary Residential Structures Forbidden. No residential structure of a temporary character, residential trailer, basement, tent, shack, or any other residential outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. All structures must be maintained in a reasonable manner to present a neat and attractive exterior appearance.

Section 2. Minimum Residence Requirements. All single family dwellings shall have a minimum of one thousand (1,000) square feet of floor space together with at least a single-car attached or detached garage. The one thousand (1,000) square feet must be at daylight level or above grade and is excluding basements, garages, carports, porches, etc. The main portion of the house shall be a minimum of twenty feet (20=) wide. It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than, other dwellings in the River Rock Traditions area and conform to the Uniform Building Code (UBC). Applicable requirements of Gallatin County and the Montana Building Code shall also be met. The Architectural Review Committee must approve all plans. Plans shall include a scaled site plan at 1" = 20' scaled floor plans and elevations. A list of exterior materials and colors shall also be submitted. There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3. Landscape Plan. Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owner=s first occupancy of the residence. As part of the landscape plan boulevard trees shall be required. Patmore Ash shall be planted as shown on the ATraditions sidewalk and street tree detail.@ This shall include a minimum of two boulevard trees per lot.

Section 4. Exterior Siding. The exterior siding of the structure shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding. However, no sheet or panel metal siding nor cement block siding is allowed. No plywood sheet siding is allowed.

Section 5. Roofs of Structures. The roofs shall be covered with shakes; tiles or shingles and no rolled roofing shall be allowed. Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored to match the trim or color of the roof. Steel galvanized gutters are not allowed. The main roof shall have a minimum pitch of 8/12. Further, all structures shall be constructed so that the roof overhang a minimum of twelve inches (12"). Hipped roofs are strongly discouraged. Soffits shall be perpendicular to the building wall

Section 6. Foundation of Structures. Within River Rock Traditions, all foundations for residential units shall be constructed from masonry materials; foundations constructed from wood or other materials are expressly prohibited. Exposed concrete shall be limited to a maximum of twelve inches (12") from the bottom of siding to the finish grade.

Section 7. Colors of Structures. The exterior colors of the structures shall be earth tones, pastels, white or wood colors. No bright or shiny colors on exterior siding shall be allowed. For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed. Colors are to be compatible with the balance of the neighborhood.

Section 8. Exterior of Structures. The exterior design, style and colors of each of the structures on a Lot shall conform to the design, style and colors of the residence. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least eight inches (8"). The building should be a visual combination of forms that does not give a Abox@ appearance. Breaks in the rooflines and wall lines that add interest to the form and help define the design of the building are encouraged. Wall opening widths shall be a maximum of their height.

Section 9. Entrances. The main entrance to the living structures shall be architecturally defined and enhanced by incorporating a covered entry porch of sixty-four (64) square feet minimum. The porch shall denote a clear sense of arrival. It shall provide weather protection, visual definition and be configured to be useable. The porch decking and railing shall be constructed with wood.

Section 10. Home and Garage Siting. All River Rock Traditions Lots have the following building setbacks from the property line:

Front : 15=

Side : 5=

Rear: 10= (for residential portion of the structure)

Corner side: 15=

All lots that are adjacent to an alley way shall use the alley way for vehicular access to the garage. The garage portion of the structure shall be a minimum of twenty (20=) from the asphalt edge of the alleyway from which vehicular access is being provided and a concrete or asphalt driveway shall be constructed for use as resident parking.

Lots that do not have access to an alley way and use the public street for vehicular access to the garage shall build the garage so that the front of the garage is a minimum of twelve feet (12=) behind the front of the home including covered porches. A concrete or asphalt driveway shall be constructed for use as resident or guest parking.

Section 11. Zoning Regulations. The zoning shall control the height of structures erected within the confines of the real property, which is the subject of this Declaration, and other appurtenant regulations enacted by Gallatin County. Single-family residential structures shall conform to the R-2 Single-Family Zoning Regulations with height limitation of twenty-four feet (24') measured from the ground to the mid-point of the main roof.

Section 12. Accessory Buildings. All necessary buildings, such as garages and storage buildings, shall be approved by the Architectural Committee and shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 13. Fencing. Backyards and side yards may be fenced with wood or materials that look like wood. The front yard toward the public road shall not be fenced. No chain link or wire fences shall be allowed. Fences shall be maintained in good condition. Fences cannot be higher than five feet.

Section 14. Antennas and Satellite Dishes. No resident shall have visible from other lots any antennae or satellite dish. In no case shall a satellite dish exceed twenty-four inches (24") in diameter.

Section 15. Dog Kennels. Dog kennels with concrete floors are allowed for single family lots provided they do not exceed 10' x 20' in size and are located in the rear yards and screened or fenced from the neighbor=s view. Such kennels are to be kept in a clean and odor free condition at all times.

Section 16. Street Lighting. Upon construction of each home, a light of a design prescribed by the Architectural Review Committee shall be installed. On all lots adjacent to an alley way the streetlight shall be placed where the entry walk intersects the front property. On all lots not adjacent to an alleyway, the streetlight shall be placed where the driveway intersects the front property line towards the middle of the lot. The light must be activated by photocell for nighttime operation. The lot owner shall be required to provide power and maintenance for the light.

Section 17. Alleys. All alleys will be eighteen feet (18=) wide, paved, and centered in a thirty foot (30=) right-of-way. Lots adjacent to an alley shall not use the alleyway for parking of either resident vehicles or guest vehicles. Parked vehicles must be kept either in the garage or on the driveway connection to the alleyway. All guest parking shall be located on the public street. No other trailers, tools, equipment, recreational vehicles, or any other obstruction shall be kept within the thirty foot (30=) alley right-of-way. The entire thirty feet (30=) shall be kept free of all debris at all times so that emergency vehicles, snow removal, and solid waste disposal equipment has unobstructed access at all times.

Section 18. Privacy Architecture. It is strongly recommended that if a home is constructed on a lot whereby a side wall of the home is generally constructed up to the side lot line setback, all windows on that side wall shall have a bottom sillelevation that is a minimum of 5=6@ above the finished floor elevation. The architectural review committee may approve other privacy mitigations if necessary.

Section 19. Entry Walks. All lots adjacent to an alley way must provide a five foot (5=) concrete walk connecting the front entry porch to the street boulevard sidewalk. All lots not adjacent to an alley way must provide a five foot (5=) concrete sidewalk connecting either the driveway or the street boulevard sidewalk to the front entry porch.

Section 20. Sidewalks. Notwithstanding Article V of the First Amended Declaration of Covenants, Conditions, and Restrictions recorded on Film 201, Pages 2292 and 2293, in the Gallatin County Clerk and Recorders Office, all street sidewalks in the area labeled as ATraditions@ on the Community Area Map shall be constructed and located as shown on the ATraditions Sidewalk and Street Tree Detail@. All other provisions of Article V shall remain in effect.

I. RIVER ROCK VILLAS

Section 2. Minimum Dwelling Unit Requirements. All condos and/or 4-plexes shall have a minimum of nine hundred (900) square feet of floor space and at least a single car attached or detached garage for each unit. The nine hundred (900) square feet must be at or above grade (daylight basements are approved) and is excluding porches, etc. It is the intention of this covenant to insure that all dwellings shall be of a quality workmanship and materials substantially the same as, or better than other dwellings in the River Rock Villas area, and conform with the Uniform Building Code (UBC). Applicable requirements of Gallatin County and the Montana Building Code shall be met.. All plans must be approved by the Architectural Review Committee. Plans shall include a scaled site plan at 1"=50' showing access, drives, parking, buildings, and other site elements. Scaled floor plans and elevations prepared by an architect licensed in the State of Montana are required and a list of exterior materials and colors shall also be submitted. There shall be no construction work initiated without a Land Use Permit issued by Gallatin County and without written approval of the plans by the Committee. All building construction and landscaping must conform to both the final approved plans by the Committee.

Section 3. Landscape Plan. Landscaping plans emphasizing lawn areas shall be submitted to the Architectural Review Committee for their approval and the landscaping shall be completed within twelve (12) months after the Owner=s first occupancy of the residence. As part of the landscape plan the requirement for boulevard trees shall be as required. Patmore Ash shall be planted three feet (3') behind street edge sidewalk on twenty foot (20') to thirty foot (30') centers.

Section 4. Exterior Siding. The exterior siding of the structures shall consist of wood, wood look-alikes or wood products, brick, stone, stucco or other manufactured exterior good quality materials, including insulated metal or vinyl siding. However, no sheet or panel metal siding nor cement block siding is allowed. No plywood sheet siding is allowed.

Section 5. Roofs of Structures. The roofs shall be covered with shakes, tiles or shingles and no rolled roofing shall be allowed. Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored to match the trim or color of the roof. Steel galvanized gutters are not allowed. The roofs shall have a minimum pitch of 4/12. Further, all structures shall be constructed so that the roof overhang and gable end are a minimum of twelve inches (12").

Section 6. Foundation of Apartments. All foundations for 4-plexes or condo units shall be constructed from masonry materials, foundations constructed from wood or other materials are expressly prohibited. Exposed concrete shall be limited to a maximum of twelve inches (12") from the bottom of siding to the finish grade.

Section 7. Colors of Structures. The exterior colors of the structures shall be earth tones, pastels, white or wood colors. No bright or shiny colors on exterior siding shall be allowed. For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed. Colors are to be compatible with the balance of the neighborhood.

Section 8. Exterior of Structures. The exterior design style and colors of each of the outbuildings, garages, carports, etc. within the 4-plexes or condo lot shall conform to the design, style and colors of the residence. Roof fascia trim on any structure constructed on the real property which is the subject of this Declaration shall extend downward on the roof and be visible for at least four inches (4"). The building should be a visual combination of forms that does not give a Abox@ appearance. Breaks in the roof lines and wall lines that add interest to the form and help define the design of the building are encouraged.

Section 9. Entrances. The main entrance to the living structures shall be architecturally defined and enhanced by incorporation an entry porch or gable extending over the entrance denoting a clear sense of arrival. It shall provide weather protection and visual definition. A concrete walk shall be provided from the driveway to the main entrance. A separate exterior entrance shall be provided to each unit.

Section 10. Architectural Enhancements. 4-plexes or condo structures and accessory buildings shall be characterized with roof breaks, structural height variations, material order and consistency.

Section 11. Zoning Regulations. The height of structures erected within the confines of the real property which is the subject of this Declaration shall be controlled by the zoning and other appurtenant regulations enacted by Gallatin County. 4-plexes or condo structures shall conform to the R-TH - Residential Town Home (R-TH) Zoning Regulations with height limited to thirty-two feet (32').

Section 12. Accessory Buildings. All necessary buildings, such as garages and storage

buildings, shall be approved by the Architectural Committee and shall be architecturally compatible with the residence on or being constructed on the Lot.

Section 13. Fencing. Back yards and side yards may be fenced with wood or materials that look like wood. The front yard toward the public street shall not be fenced. No chain-link or site fences are allowed. Fences shall be maintained in good condition. Fences cannot be higher than six (6') feet.

Section 14. Antennas & Satellite Dishes. Antennas or satellite dishes are allowed in the Apartment APT area so long as they are not visible from neighboring properties.

Section 15. Dog Kennels. No dog kennels, fenced dogs or chained dogs are allowed on the Apartment (APT) lots.

Section 16. Street Lighting. Upon construction of each 4-plex or condo structure, a light of design prescribed by the Architectural Review Committee shall be installed where the drive wall intersects the front property line. The light must be activated by photo cell for night time operation. The owner shall be required to provide power and maintenance for the light.

Section 17. North Edge Butter Fence. A rear yard six (6') foot high cedar slat butter fence is required on all R-TH lots adjacent to the north property line. This fence will be constructed on the property line and maintained by the Association. Individual lot owners or tenants are not to interfere with the fencing

ARTICLE IX GENERAL ARCHITECTURAL CONTROLS

Section 1. The Architectural Review Committee may make such reasonable rules and bylaws and adopt such procedures as it deems necessary to carry out its functions, rules, bylaws and procedures but may not be inconsistent with the provisions of these covenants nor Gallatin County Zoning Regulations or other applicable regulations.

Section 2. No buildings, construction, landscaping, parking, fence, wall or other improvements shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added to or maintained on any Lot or area until building and site plans and specifications, and such other information as the Committee may reasonably require, including, without being limited to colors, building materials and models, have been submitted to, and approved by a majority of the Architectural Review Committee in writing; nor may the same be commenced until the Architectural Review Committee shall have issued a permit allowing such improvements.

Section 3. The Architectural Review Committee shall have the authority to reject materials, designs submitted with plans, or the plans themselves if they are not compatible with, or are inappropriate for the rest of the subdivision or inconsistent with these Covenants. Variance requests will be considered on a case-by-case basis by the Architectural Review Committee.

Section 4. All improvements, construction, reconstruction, alterations, or remodeling requiring the approval of the Architectural Review Committee must be completed in substantial compliance with the plans and specifications initially approved by the Committee. All such construction must be completed within one (1) year from the date construction is commenced or according to a schedule approved by the Architectural Review Committee.

Section 5. The Architectural Review Committee shall have the power, authority, standing and right to enforce these covenants in any court or law or equity when it reasonably believes the same have been violated, and shall have the authority to revoke or suspend building permits and/or order suspension or cessation of any construction or work in violation of these covenants or of any permit issued by the Committee.

Section 6. The Architectural Review Committee may require reasonable fees to be paid with the filing of plans and specifications and the issuance of building permits.

Section 7. The Architectural Review Committee or the individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these covenants, including but not by way of limitation, damages which may result from correction, amendment, change or rejection of plans, the issuance of building permits, or any delays associated with such action on the part of the Committee.

ARTICLE X - USE RESTRICTIONS

Section 1. No residence erected on the real property which is the subject of this Declaration shall be used for any commercial endeavor, day care, or other business type activity. Cottage industry type activities are allowed as long as no employees outside of the immediate family are employed on the residential properties. It is the express intent of the Declarant that the real property which is the subject of this Declaration be devoted to creating the River Rock West, River Rock East and River Rock North neighborhoods consisting of various use areas and residential units and preserving within the community so created a quiet, peaceful, harmonious existence between the uses and residents.

Section 2. Animals, Pets. The proper control of household pets, dogs and cats is important to the integrity and well being of the River Rock community. No domestic fowl, horses or other farm animals are allowed within River Rock. All applicable laws of Gallatin County regarding pets, dogs and cats must be adhered to as well as the provisions stated below:

Within the following areas no dogs, cats or other pets are to be penned, chained, fenced, caged or otherwise maintained outside of the individual residential units:

River Rock West - RTH Lots - Residential Town Homes and Fourplexes

River Rock West - APT Lots - Apartments

River Rock Village - B3 Lots - Commercial

River Rock - PLI Lots - Public Lands and Institutions

River Rock North - RMH Lots/Spaces - Manufactured Homes on Rental Spaces

Within the interior of the residential dwelling units within the RTH and APT areas, no more than 2 dogs or 2 cats are allowed under any circumstance.

Within the R2-Medium Density Residential areas, no more than 2 dogs or 2 cats are allowed per dwelling unit. Dog kennels are allowed as stated in provision VIII A, Section 15 and provision VIII, E, Section 16. Dog kennels or fenced dogs are only allowed if the kennels or yard areas are maintained free of odor and persistent barking is expressly prohibited. Chained dogs are expressly prohibited.

Within the RMH area - River Rock North (manufactured homes on rental spaces) no more than 2 dogs or 2 cats are allowed per dwelling unit and are limited in size to a maximum of 14" at the shoulders.

If any stray dogs or cats are caught and restrained or any stray dogs or cats threaten or

endanger or injure residents, guests, invitees, other animals or property within the River Rock Community, the owners of such an animal or animals are subject to the following penalties which will be strictly enforced by the Property Owners Association:

First Offense $50.00

Second Offense $100.00

Third Offense $150.00

Any further offenses will result in the permanent exclusion of such animals from the River Rock Community.

Section 3. Storage of Equipment. No residential lot shall be used for the storage or any inoperable vehicle, machinery or equipment. No residential lot shall be used for storage of any articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of a Lot or the occupants thereof as the case may be. Storage of materials, supplies, equipment, vehicles, tools or trade items is expressly prohibited on residential lots.

Section 4. Commercial Vehicles. No residential lot shall be used for the parking or storage of any commercial trucks, large commercial vehicles or other heavy equipment, except as may be necessary during reasonable periods of construction on individual lots.

Section 5. Recreational Equipment. Except as allowed by this Covenant, No residential lots, or driveways shall be used to park campers, trailers, motor homes, boats, and all other recreational equipment and the like. In no event shall such equipment be parked on roads. Such equipment and vehicles must be enclosed in a garage or otherwise screened areas or on a well maintained gravel, concrete or asphalt parking apron constructed directly adjacent (next to) to the garage/home or other location approved by the architectural review committee. Screening design must be approved by the Architectural Review Committee.

The Owner of any Lot that is permanently(preparation for trips, cleaning and minor repair excluded - not to exceed 7 days) storing any Recreational Equipment in violation of this covenant will be subject to the following fines if the violation is not cured within 48 hours of receiving a certified mail notice from the Association:

First Offense: $50.00 per day that the equipment remains stored in violation.

Second Offense: $100.00 per day that the equipment remains stored in violation.

Third Offense and thereafter: $150.00 per day that the equipment remains stored in violation

All Powers given the Association in Article IV, Section 7, apply to any assessments levied against a property for the purposes of this section.

Section 6. Offensive Activity.

a. No noxious or offensive activity shall be carried on upon any portion of the above described property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood.

b. Except for the specific dates of July 3,4, and 5 and only between the hours of 5 p.m and 10 p.m. on those dates, no fireworks of any kind may be discharged or stored on the above described property. Any owner that allows any resident, guest or invitee of property which is the subject of this declaration to discharge or store fireworks on dates and/or times other than those listed above will be assessed $100.00 per each infraction. All Powers given the Association in Article IV, Section 7, apply to any assessments levied against a property for the purposes of this section.

c. No firearms shall be discharged on the above described property.

d. No cutting of firewood shall be allowed on site.

Any violation of County ordinances, zoning or other regulations shall be a violation of these covenants and can be enforced by the Association or individual lot owners.

Section 7. Waterways/Ponds/Other Water Areas. The Owner or Occupant of any lot shall at all times conduct its use and activities in a manner that will preserve the integrity of water areas within the Common Area including the prevention of any degradation of water quality, any reduction or increase in the flow of said water areas, any damage to the stream bed or banks of said water areas. The Owner or Occupant of any lot shall not conduct or permit the conduct of the following activities:

a. The discharge of any liquid, solid, or gas into water areas;

b. The use of any fertilizers or herbicides other than those specifically approved by Declarant; or the polluting of water areas;

c. Any refuse encouraging activities.

d. The construction or constriction of the water area.

Section 8. Street Parking. All parking for owners of residential properties is to be provided within the residential lots. Street parking is allowed for guests, deliveries or short temporary periods but not overnight parking by residents.

The Owner of any Lot zoned R-2, or R-MH (detached single family, duplex units, manufactured homes) that allows a vehicle of any resident of the Lot to be parked on the street overnight shall be subject to the following assessments if the vehicle continues to be parked on the street following a notice of violation from the Association:

First Offense: $10.00

Second Offense: $15.00

Third Offense: $25.00

Fourth Offense: $50.00

Fifth Offense and Thereafter: $100.00

All Powers given the Association in Article IV, Section 7, apply to any assessments levied against a property for the purposes of this section.

ARTICLE XI - GENERAL PROVISIONS

Section 1. Effects of Covenants on Mortgage. A breach of any of the foregoing provisions, conditions, restrictions or covenants shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value on any Lot, or portion of any lot, and any improvements thereon, but said provisions, conditions, restrictions and covenants shall be binding upon and effective against any Owner thereof whose title thereto was acquired by foreclosure, trustee sale or otherwise.

Section 2. Incorporation by Reference. In any conveyance of the lands covered hereby, it shall be sufficient to insert a provision therein to the effect that the conveyance is subject to the restrictions and covenants contained in this document, without setting forth such restrictions and covenants verbatim or in substance in such conveyance.

Section 3. Enforcement. Enforcement of these covenants shall be by procedure of law or in equity against any person or persons violating or attempting to violate