The information on this page is presented for the convenience of members of The Villages of Wisp Association, Inc., to provide homeowners with online information regarding the ByLaws, Declaration of Covenants, Conditions and Restrictions, and the Rules and Regulations at the Villages of Wisp. In some instances legal descriptions are included as they form a part of the Declaration of Conditions and Restrictions and/or its' Amendments. While we have every confidence in the accuracy of the information, the Board of Directors or the Property Manager makes no warranties, expressed or implied, regarding the information. The official, signed and dated documents are recorded among the land records at the Garrett County Courthouse.

ARTICLE ONE     

Name and Location

     The name of the corporation is The Villages of Wisp Association, Inc., hereinafter referred to as the "Association." The principal office of the corporation shall be located at 700 Fairmount Avenue, Towson, Maryland, 21204, but the meetings of members and directors may be held at such place within the State of Maryland, as may be designated by the Board of Directors.

ARTICLE TWO

Definitions

     Section 1. "Association" shall mean and refer to The Villages of Wisp Association, Inc., a Maryland corporation, its successors and assigns.

     Section 2. "Properties" shall mean and refer to that certain real property as designated in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

     Section 3. "Association Property" shall mean all real property owned by the Association for the common use and enjoyment of the owners.

     Section 4.    " Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties the exception of the Association Property.

     Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, or, if the Lot is subject to a reversion reserved in a lease redeemable pursuant to Title 8 of the Real Property Article, Annotated Code of Maryland, the owner of the leasehold interest, including contract sellers, but excluding those having such interest merely as security for the performance of any obligation.

     Section 6. "Declarant" shall mean and refer to Rolling Ridge Joint Venture, their successors and assigns if such successors and assigns shall acquire more than one undeveloped Lot from Declarant for the purpose of development.

     Section   7.     "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties dated the _____ day of ___________ 198_______ and recorded among the Land Records of Garrett County in Liber ___, No. _____, folio _____, etc.

     Section 8. "Member" shall mean and refer to those persons entitled to membership in the Association as provided in the Declaration.

ARTICLE THREE

Meeting of Members

     Section 1. Annual Meetings . The first annual meeting of the members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 8:00 o'clock P.M. or on such other annual date and time fixed by the Board of Directors. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.

     Section 2. Special Meetings. Special meetings of the members may be called at any time by the President or by the board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership.

     Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary of the Association or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before   such meeting   to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice.   Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.

     Section 4.   Quorum.   The presence at the meeting of member entitled to cast,  or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or  these By-Laws If, however, such a quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.

     Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.

ARTICLE FOUR

Board of Directors, Selection, Term of Office

     Section 1. Number. The affairs of this Association shall be managed by a Board of three (3) directors, who need not be members of the Association, subject to increase or decrease as provided in the Articles of Incorporation of the Association.

     Section 2. Term of Office. At the first annual meeting the members shall elect one director for a term of one (1) year, one director for a term of two (2) years, and one directors for a term of three (3) years; and at each annual meeting thereafter the members shall elect one director for a term of three (3) years .

     Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.

     Section 4. . Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

     Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.

ARTICLE FIVE

Nomination and Election of Directors

     Section 1. Nomination.   Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting.    The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two (2) or more members of the Association.   The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting.   The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.   Such nominations may be made from among members or non-members.

     Section 2.    Election.    Election to the Board of Director shall be by secret written ballot.   At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration.    The persons receiving the largest number of votes shall be elected.   Cumulative voting is not permitted.

ARTICLE SIX

Meeting of Directors

     Section 1. Regular Meetings. The Board of Directors shall hold a regular meeting at least four (4) times a year, without notice, at such place and hour as may be fixed from time to time by Resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.

     Section 2. Special Meetings.   Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two (2) Directors, after not less than three (3) days notice to each Director.

     Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

ARTICLE SEVEN

Powers and Duties of the Board of Directors

Section 1.   Powers.   The Board of Directors shall have power to:

     a. Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;

     b.   Suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations;

     c. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;

     d. Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and

Section 2.    Duties .    It shall be the duty of the Board of Directors to:

     a. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote:

     b. Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

     c.   As more fully provided in the Declaration, to:

          (1) Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period;

          (2) Send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; and

          (3)    Foreclose at its discretion the lien against any property for which assessments are not paid within thirty (30) days after due date and/or to bring an action at law against the owner personally obligated to pay the same.

          d.    Issue, or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;

          e. Procure and maintain adequate liability and hazard insurance on property owned by the Association, and adequate officers and directors indemnity insurance;

          f. Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;

          g. Cause the Association Property to be maintained;

          h. Enter into an agreement with first mortgagees of Lots in the properties to provide that such first mortgagees, jointly or singly, may pay taxes or other charges which are in default and which may or have become a charge against the Common Area of the Association, and such mortgagees may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such property, and such first mortgagees, upon making such payments, shall be owed immediate reimbursement therefore from the Association.

          i. Establish, levy, assess and collect all assessments referred to or authorized in the Declaration.

ARTICLE EIGHT

Officers and Their Duties

     Section 1. Enumeration of Officers. The officers of this Association shall be a President and Vice President, who shall at all times be members of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board may from time to time by resolution create.

     Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.

     Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year or until his successor is elected and has qualified, unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.

     Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

     Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later-time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

     Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

     Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.

     Section 8.    Duties.    The duties of the officers are as follows :

President:

The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall cosign all checks and promissory notes.

Vice President:

Secretary;

The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep- appropriate current records showing the "members of the Association together with their addresses, and shall perform such other duties as required by the Board .

Treasurer :

The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit or review of the Association books to be made by a public accountant at the completion   of   each   fiscal   year;   and   shall   prepare   an   annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members.

ARTICLE NINE

Indemnification of Officers and Directors

The Association shall provide any indemnification required or permitted by the laws of Maryland and shall indemnify directors, officers, agents and employees as follows:

          a.    The Association shall indemnify any director or officer of the Association who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit or proceedings, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Association) by reason of the fact that he is or was such director or officer or an employee or agent of the Association, or is or was serving at the request of the Association as a director, officer,   employee, or agent of another corporation, partnership,   joint venture, trust or other enterprise, against expenses   (including   attorney's fees) ,judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Association, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful.   The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith, and in a manner which he reasonably believed to be in or not opposed to the best interest of the Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

          b. The Association shall indemnify any director or officer of the Association who was or is a party or is threatened to be made a party to any threatened, pending, or completed action or suit by or in the right of the Association to procure judgment in its favor by reason of the fact that he is or was such a director or officer or an  employee or agent of the Association, or is or   was serving at the request of the Association as a director, officer, employee, or agent of another corporation,   partnership,    joint venture, trust or other enterprise, against expenses (including attorney's fees) actually and reasonably, incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Association, except that no indemnification shall be made in respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the Association unless and only to the extent that the court in which such action or suit was brought, or any other court having [juris­diction in the premises, shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper.

          c.    To the extent that a director or officer of the Association has been successful on the merits or otherwise in defense   of any action, suit or proceeding referred to in paragraph a or b of this Article Nine, or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorney's fees) actually and reasonably incurred by him in connection therewith, without the necessity for the determination as to the standard of conduct as provided in paragraph d of this Article Nine.

          d. Any indemnification under paragraph a or b of this article Nine (unless ordered by a court) shall be made by the association only as authorized in the specific case upon a determination that indemnification of the director or officer is proper in the circumstances because he has met the applicable standard of conduct set forth in paragraph a or b of this Article Nine. Such determination shall be made (i) by the Board of Directors of the Association by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (ii) if such a quorum is not obtainable, or even if obtainable, such a quorum of disinterested directors so directs, by independent legal counsel (who may be regular counsel for the Association) in a written opinion; and any determination so made shall be conclusive.

          e. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding, as authorized in the particular case, upon receipt of an undertaking by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Association as authorized in this Article Nine.

          f. Agents and employees of the Association who are not directors or officers of the Association may be indemnified under the same standards and procedures set forth above, in the discretion of the Board of Directors of the Association.

          g. Any indemnification pursuant to this Article Nine shall not be deemed exclusive of any other rights to which those indemnified may be entitled and shall continue as to a person who has ceased to be a director or officer and shall inure to the benefit of the heirs, executors, and administrators of such a person.

ARTICLE TEN

Committees

The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.

ARTICLE ELEVEN

Books and Records

     The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost.

ARTICLE TWELVE

Assessments

The Association may establish and enforce the lien or any assessment, annual, special or additional established pursuant to the Declaration aforesaid pursuant to the Maryland Contract Lien Act. The lien is imposed upon the Lot against which such assessment is made. The lien may be established and enforced for damages, costs of collection, late charges permitted by law, and attorney's fees provided for in the Declaration or awarded by a Court for breach of any of the covenants of the Declaration.

ARTICLE THIRTEEN

Rights of Mortgagees

     Section 1. Unpaid Assessments. The Association may, upon request and for a reasonable charge, report to a mortgagee of any Lot any unpaid assessment due from the Owner of the Lot or any default by the mortgagor of the Lot in the performance of the mortgagor's obligations as a Lot Owner hereunder which is not cured within thirty (30) days. In the event a first mortgagee requests a notice of default, and pays the charge therefore, if no notice of default is given within thirty (30) days after receipt of the request, the Association shall thereafter be estopped to claim any default that occurred prior to the receipt of the Request as respects the said first mortgagee, or any purchaser therefrom upon foreclosure or other exercise of lien rights under the mortgage.

     Section 2. Approval Required. In addition to the other provisions of the Declaration, and these By-Laws, and the applicable laws of the State of Maryland, unless at least seventy-five (75%) percent of the first mortgagees (based upon 1 vote for each mortgage) of individual Lots within the Properties, have given their prior written approval, the Association shall not be entitled to:

          b. Change the method of determining the obligations, assessments, dues or other charges which may be levied against a Lot Owner;

          c. By act or omission change, waive or abandon any scheme or regulations or enforcement thereof pertaining to the architectural design or the exterior appearance of any Lot, the exterior maintenance of Lots, the maintenance of party walls or common fences or driveways, or the upkeep of lawns and plantings in the Properties;

          d. Fail to maintain fire and extended coverage on insurable Association Common Area property on a current replacement cost basis in an amount not less than one hundred (100%) percent of the insurable value based on current replacement cost ) ;

          e. Use hazard insurance proceeds for losses to any Association Property for other than the repair, replacement or reconstruction of such improvements.

ARTICLE FOURTEEN

Corporate Seal

The Association may have a seal in circular form having within its circumference the words: "The Villages of Wisp Association, Inc., Maryland 1987," or in lieu thereof the word "[SEAL]" may be placed adjacent to the signature of an authorized officer of the Association.

ARTICLE FIFTEEN

Amendments

     Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy, provided, however, if the Charter of the Association has been amended as therein provided to require the approval of the Federal Housing Administrator the Veterans Administration for an amendment of the Charter, then the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is Class B membership.

     Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.

ARTICLE SIXTEEN

Miscellaneous

     Section 1. Fiscal Year. The fiscal year of the Association shall be as established by the Board of Directors.

     Section 2. Examination of Books. Owners and first mortgagees shall have the right to examine the books and records of the Association.

IN WITNESS WHEREOF, we, being all of the directors of The Villages of Wisp Association, Inc., have hereunto set our hands this _____ day of __________, 1987.

WITNESS:

CERTIFICATION

I, the undersigned, do hereby certify:

That I am the duly elected and acting Secretary/Treasurer of The Villages of Wisp Association, Inc., a Maryland corporation; and

That the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the _______ day of ____________ , 198_.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Association this ______ day of ________,

1987.

THE VILLAGES OF WISP ASSOCIATION, INC
GARY B. BLUCHER(SEAL)

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE VILLAGES OF WISP

THIS DECLARATION made this ___ day of ______________, 1987 by ROLLING RIDGE JOINT VENTURE, a Maryland general partnership, hereinafter referred to as " Declarant".

WITNESSETH

WHEREAS, Declarant is the owner of certain property situate in Garrett County, State of Maryland, more particularly described in Schedule A attached hereto and made a part hereof (hereinafter referred to as the "Property"); and

WHEREAS, Declarant intends to develop or cause to be developed on the Property townhomes with appurtenant areas for parking and access and for open space; and

WHEREAS, Declarant desires to subject the Property and the improvements  located or to be located thereon, to the covenants, conditions and restrictions set forth herein which are for the purpose of protecting the value and desirability of the Property and the improvements thereon and are for the purpose of distri­buting among the owners of the improvements the cost of maintaining and operating the common areas (as hereinafter defined), and any improvements constructed thereon; and

WHEREAS, Declarant has caused or will cause a non-profit membership corporation known or to be known as "The Villages of Wisp Association, Inc. (the "Association") to be formed in order to perform certain functions on behalf of the owners of lots within the Property, including, but not limited' to, the enforcement of the covenants, conditions and restrictions herein set forth, and management of the common areas to be owned by the Association, and collection and disbursement of the assessments and charges hereinafter created.

NOW , THEREFORE, Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easements, covenants, conditions and restrictions, which are for the purpose of protecting the value and desirability, and enhancing the attractiveness of the Property, and which shall run with the Property and shall be binding upon all parties having any right, title or interest in the Property or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner of the Property or any part thereof and their respective heirs, personal representatives successors and assigns, and the Association.

ARTICLE ONE

Definitions

     1.1 As used herein, the following words and terms are defined to mean as indicated:

     1.2 "Architectural Committee". The Architectural Committee shall be composed of those three or more individuals so designated from time to time by ( i) Declarant during the Development Period and (ii) by the Board of Directors after the Development Period. Those individuals appointed by the Board of Directors after the Development Period may be removed from the Architectural Committee at any time by the Board of Directors at its discretion. The initial Architectural Committee shall be Wm. Fred Walker, IV, John F. Harrington and Gary B. Blucher.

     1.3 "Association" shall mean and refer to The Villages of Wisp Association, Inc., a Maryland not for profit corporation, as formed or to be formed by Declarant.

     1.4 "Board of Directors" means the -Board of Directors from time to time of the Association.

     1.5 "Common Areas" means those lots or areas of land within the Property shown on the plat (or plats) prepared by or for

Developer entitled "Final Plan of Planned Residential Development for "The Villages of Wisp" recorded or hereafter recorded among the Land Records of Garrett County, aforesaid, and is intended to be the entire Property, save and except for Lots. The Common Areas shall include all Common Open Space, roads, streets and parking areas within the Property as shown on said Plats, unless the same are dedicated to the County or State for public use.

     1.6    " Declarant" means Rolling Ridge Joint Venture, and its successors and assigns to which it shall convey or otherwise transfer its right, title and interest to all or any part of the Property and in so doing expressly designates the transferee as a Declarant hereunder.

     1.7 "Development Period" means the period that is four (4) years from the date this Declaration is recorded among the Land Records of Garrett County, Maryland. With respect to any Land annexed to the Property by Declarant as herein permitted, the "Development Period" shall mean the time that is four (4) years from the time that such land is annexed to the Property by recording of an Amendment hereto among the Land Records of Garrett County aforesaid.

     1.8 "Lot" means a lot or parcel of ground in the Property shown as such on the plat (or plats) prepared by or for Developer entitled "Final Plan of Planned Residential Development for the Villages of Wisp", recorded or hereafter recorded among the Land Records of Garrett County, aforesaid. As used herein, " Lot" shall not include the Common Open Space, roads, streets or parking areas within the Property as shown on said Plats.

     1.9 "Member" means a person or entity who holds membership in the Association as provided in this Declaration hereafter.

     1.10 "Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any lot or, if a Lot is subject to a reversion in a lease redeemable pursuant to Title 8 of the Real Property Article, Annotated Code of Maryland, the owner of the leasehold interest, and not the holder of title as such of the reversionary interest, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

     1.11 "Property" shall mean that certain property described in Schedule A attached, and such additions thereto as may hereafter be brought within the jurisdiction of the Association and subjected to this Declaration as herein provided.

     1.12    "Structure" means anything or device the placement of which upon the Property (or any part thereof) may , affect the appearance of the Property (or any part thereof) including, by way of illustration and not limitation, any building, trailer, garage, porch, shed, greenhouse, or bath house, coop or cage, covered or uncovered patio, swimming pool, clothesline, radio, television or other antenna, fence, sign, curbing, paving, wall, roadway, walkway, exterior light, landscape, hedge, trees, shrubbery, planting, signboard or any temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement made to the Property or any part thereof. "Structure" shall also mean ( i) any excavation, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, upon or across the Property, or which affects or alters the flow of any waters in any natural or artificial stream, wash or drainage channel from, upon or across the Property, and (ii) any change in the grade of the Property (or any part thereof) of more than six (6) inches from that existing at the time of purchase by each Owner (other than Declarant).

ARTICLE TWO
Common Area Property Rights

     2.1 Grant of Lots. Declarant shall hereafter hold, grant and convey the Lots, subject to the covenants, conditions and restrictions herein set forth, which are for the benefit of, binding upon and shall run with the land, and are for the benefit of Declarant, the Association and the Owners, their heirs, personal representatives, successors and assigns.

     2.2   Grant of Common Areas. Declarant covenants that it will convey the Common Areas to the Association, and the Association shall accept from Developer the Common Areas, with such improvements as Developer may construct thereon and shall hold them subject to the provisions hereof.

     2.3 Owner's Easements of Enjoyment. Every Owner shall have a right and non-exclusive easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

     2.3.1 The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Areas;

     2.3.2 The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.

     2.3.3 The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of Members agreeing to such dedication or transfer has been recorded.

     2.4 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Areas and facilities to the members of his family, his tenants, or contract purchasers who reside on a Lot.

     2.5 Structures. Except as otherwise permitted by the provisions of this Declaration, no Structure shall be erected, placed or maintained on any Common Area except: ( i) Structures designed exclusively for the common use of Owners, including, but not limited to, benches, chairs or other seating facilities, fences and walls, walkways, roadways, gatehouse, swimming pool, tennis court(s) and pumping station(s) and similar recreational facilities; and (ii) drainage, storm and utility systems. The Common Areas may be graded, planted with trees and shrubs and other plants placed and maintained thereon for the use, comfort and enjoyment of the Owners or for the establishment, retention or preservation of the natural growth or topography of the Common Areas and for aesthetic reasons.

     2.6 Rules. The Association shall have the right to prescribe reasonable rules and regulations governing the use of the Common Areas, which rules and regulations shall be applied equally to all Owners. The Association shall have the right to suspend voting rights of an Owner in the Association for any period of not less than ten (10) days for an infraction of its published rules and regulations.

2.7 Association Management. The Association may improve, develop, supervise, manage, operate, examine, inspect, care for, repair, replace, restore and maintain the Common Areas, including, by way of illustration, and not limitation, streets, roadways, sidewalks and parking areas, and all trees, shrubbery and other plants and landscaping together with any items of per­sonal property placed or installed thereon, at the cost and expense of the Association.

ARTICLE THREE

Reserved Rights of Declarant

     3.1 Reserved Rights of Declarant. The Association shall hold the Common Areas conveyed to it by Declarant subject to the following:

     3.1.1 The reservation to Declarant, its successors and assigns, of an easement over any road in the Common Areas, such easement for the purpose of ingress and egress and the installation and maintenance of public and private utilities to serve the Property and any part thereof, including any Lot.

     3.1.2 To store building supplies, construction equipment and other similar property on the Common Areas during the Development Period. This reserved right shall expire one (1) year after completion of construction of all improvements by Declarant, is successors or assigns, on all Lots within the sec­tion in which the Common Areas subject to such reserved easement are located.

     3.2 Grading. Declarant further reserves unto itself, its successors and assigns, the right at or after the time of grading of any street or any part thereof for any purpose, to enter upon any abutting Lot and grade a portion of such Lot adjacent to such street, provided such grading does not materially interfere with the use or occupancy of a residence built or to be built on such Lot, but said Declarant shall not be under any obligation or duty to do such grading or to maintain any slope. No right shall be conferred upon any Owner or Member by the recording of any Plat relating to the development of said Property in accordance with such Plat, Declarant expressly reserving unto itself the right to make such amendments to any such Plat or Plats as shall be advisable in its best judgment and as shall be acceptable to public authorities having the right to approval thereof.

     3.3 Sales and Construction Offices. During the Development Period, Declarant may construct, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Common Areas or on any Lot which Declarant has not yet conveyed, to a Class A member, and on or in any building or Structure now or hereafter erected thereon.

     3.4 Easement for Utilities. Declarant, for itself, its successors and assigns, reserves an easement on, over and under the Common Areas for the purpose of ingress and egress and the installation and maintenance of public and private utilities to serve the Property and the Lots therein, including, but not limited to, the right to lay, install, construct and maintain pipes, drains, mains, conduits, lines and other facilities for water, storm sewer, sanitary sewer, gas, electric, telephone, cable television, and other public or private services or utili­ties deemed by Declarant necessary or advisable to provide ade­quate service to any Lot now or hereafter laid out or established on the Property, or in the area or on the area in which the same is located, together with the right and privilege of entering upon the Common Area for such purposes and making openings and excavations thereon which openings and excavations shall be restored in a reasonable period of time.

ARTICLE FOUR

Membership and Voting Rights

     4.1   Membership .   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.

     4.2    Voting.   The Association shall have two (2) classes of voting membership:

     4.2.1 Class A. Class A Members shall be all Owners with the exception of the Declarant and shall be entitled to one (1) vote for each Lot owner. When more than one persons holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as the Owners among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

     4.2.2 Class B. The Class B Member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease, subject to revival upon additional land being annexed to the Property pursuant to this Declaration and be converted to Class A membership on the happening of the first to occur at the following events:
          (a)   when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
          (b)   December 31, 1997.

ARTICLE FIVE

Covenant for Maintenance

     5.1    Creation of Lien and Personal Obligations for Assessments. The Declarant, for each Lot, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree   to pay   to the Association:   ( i)   annual   assessments   or charges,   (ii) special assessments for capital improvements, and (iii)   additional   assessments,   all   such   assessments   to   be established and collected as hereinafter provided.   The annual, special and additional 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 Lot against which each such 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 Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

     5.2 Purposes of Assessments. The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of Lots within the Property and for the improvement and maintenance of the Common Areas and as is otherwise consistent with the rights and responsibilities of the Association hereunder and for the benefit of the Members.

     5.3 Reserve Fund. The annual assessments shall include an amount adequate to establish a reserve fund for replacement of capital improvements in the Common Areas. A proportionate amount of each assessment payment received by the Association applicable to the reserve fund shall be received and held by the Association in trust, and shall be held separate and apart from other Association funds. Such trust funds shall be retained by the Association and used only for capital improvements and/or replacement of Common Areas facilities of the Association upon the approval of a majority of Owners.

     5.4 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to a Class A Member, the maximum annual assessment shall be Six Hundred Dollars ($600.00) per Lot.

     5.4.1 From and after January 1 of the year immediately following the conveyance of the first Lot to a Class A Member, the maximum annual assessment may be increased each fiscal year of the Association not more than ten (10%) percent above the annual assessment for the previous fiscal year without a vote of the membership.

     5.4.2 From and after January 1 of the year immediately following the conveyance of the first Lot to a Class A Member the maximum annual assessment may be increased above ten (10%) per­cent of the annual assessment for the previous fiscal year by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose.

     5.4.3    The   Board   of   Directors   may   fix   the   annual assessment at an amount not in excess of the maximum.

     5.5 Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, and/or to meet any other emergency or unforeseen expenses of the Association, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose.

     5.6 Notice and Quorum for Any Action Authorized Under Paragraphs 5.4 and 5.5. Written notice of any meeting called for the purpose of taking an action authorized under Paragraphs 5.4 or 5.5 shall be sent to all Members not less than fifteen (15) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty (60%) percent of all the votes of each class of Members shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

     5.7 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis, or other periodic basis not more often than monthly, or less often than annually, as provided by the Board of Directors; provided, however, that Developer shall not be required to pay any assessment for any Lot owned by Developer until construction of improvements for a home on the Lot have been completed and the improvements have been occupied.

     5.8 Additional assessments may be fixed against any Lot only as provided for in this Declaration. Any such assessments shall be due as provided by the Board of Directors in making any such assessment.

     5.9 Surplus Receipts. Any surplus of receipts over expenses of the Association for any fiscal year shall be either applied to reduce the assessments necessary to meet the budget adopted by the Association for the next fiscal year or refunded by the Association to each Owner, and the refund may be prorated among the Owners (and former Owners), including the Declarant, based upon the portion of the previous fiscal year that each such Owner (or former Owner), including the Declarant, shall have held record title to the Lot, as determined by resolution of the Board of Directors.

     5.10 Date of Commencement of Annual Assessments; Due Dates; Certificate of Payment of Assessments.

     5.10.1 The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area to the Association. The first annual assessment shall be fixed by the Board of Directors and shall be adjusted according to the number of months remaining in the calendar year. Thereafter, the Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates 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 a specified Lot have been paid.

     5.10.2 If additional land is annexed to the Property as herein permitted, the annual assessments as to the Lots added to the Property by such annexation shall commence on the first day of the month following the conveyance of the first Lot within the annexed land to a Class A Member.

     5.11 Effect of Nonpayment of Assessments; Remedies of the Association.    Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten (10%) percent per annum, and shall be subject to a late charge of Five ($5.00) Dollars or five (5%) percent of the assessment, whichever is greater, and the Board of Directors shall have the right to declare the entire balance of the annual assessment and accrued interest thereon to be immediately due and payable.   In addition, the Owner shall be liable for all costs of collecting any such assessment, including reasonable attorney's fee and court costs.   All such interest, late charges and costs of collection shall be deemed to be an additional assessment hereunder. The Association may bring an action at law against the Owner personally obligated to pay the, same and/or, without waiving any other right, may foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

    5.12 Maryland Contract Lien Act. The Association may establish and enforce the lien for any assessment, annual, special or additional granted herein pursuant to the Maryland Contract Lien Act. The lien is imposed upon the Lot against which such assessment is made. The lien may be established and enforced for damages, costs of collection, late charges permitted by law, and attorneys fees provided for herein or awarded by a court for breach of any of the covenants herein.

     5.13 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any recorded first mortgage or deed of trust now or hereafter placed against a Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, any contract purchaser of a Lot shall be entitled, on written request to the Association, to a statement in writing from the Association setting forth the amount of any unpaid assessments against the Owner of the Lot due the Association and such purchaser shall not be liable for, nor shall the Lot conveyed be subject to a lien for, any unpaid assessments made by the Association against the Lot in excess of the amount set forth in such statement. The sale or transfer of any Lot pursuant to foreclosure or any proceeding in lieu thereof, of a mortgage senior in priority to the assessment lien, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from any lien therefor.

     5.14 Exempt Property. All property dedicated to and accepted by a public authority and all property owned by a charitable or non-profit organization exempt from taxation by the laws of the State of, Maryland shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessment.

ARTICLE SIX

Maintenance by Owner

The Owner of each Lot shall keep his Lot, and all improvements thereon, in good order and repair, including, but not limited to, the seeding, watering and mowing of all lawns and yards, keeping all sidewalks neat, clean and in good repair, and free of ice and snow, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and Structures on the Lot, all in a manner and with such frequency as is consistent with good property management and maintenance. If, in the opinion of the Architectural Committee any Owner fails to perform the duties imposed hereunder, the Association, on affirmative action of a majority of the Board of Directors, after fifteen (15) days written notice to the Owner to remedy the condition in question, and upon failure of the Owner to remedy the condition, shall have the right (but not the obligation), through its agents and employees, to enter upon the Lot in question and to repair, maintain, repaint and restore the Lot and the improvements or Structures thereon and the cost thereof shall be a binding, personal obligation of such Owner, and as an additional assessment, upon the Lot in question.

ARTICLE SEVEN

Architectural Review

     7.1 Building Restrictions. No Structure shall be commenced, erected or maintained on any Lot nor shall the exterior appearance of any Structure on any Lot be changed or altered from the appearance thereof after completion by Declarant, and conveyance thereof to a Class A Member, nor shall the natural state of any area of any Lot be disturbed or altered after completion of construction of the improvements thereon by Declarant, and conveyance thereof to a Class A Member, nor shall any work be commenced or performed which may result in a change of the exterior appearance of any such Structure, until the plans and specifications showing the nature, kind, shape, dimensions, materials, floor plans, color scheme, location, exterior plans and details, paving plans and location, landscaping details, proposed topographical changes, together with the estimated cost of said work and the Owner's proposed construction schedule, and together with a designation of the party or parties to perform the work have been submitted to and approved in writing by the Architectural Committee. In the event the Architectural Committee fails to approve or disapprove such design and location in writing within sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

     7.2   Committee Criteria.  The Architectural Committee shall consider such plans and specifications   for approval upon   the basis of, among other things, the harmony of external design and location in relation to surrounding Structures and topography, the nature and durability of the materials, quality of workmanship, choice of colors and materials, grade elevations and/or drainage, the ability of the party or parties designated by the Owner to complete the work proposed in accordance with the plans and specifications   submitted,   including,   without   limiting   the foregoing, such factors as background, experience, skill, quality of workmanship, financial ability, etc.   In reviewing the plans, the Architectural Committee may also consider factors of public health and safety, the effect the proposed work will have on the use, enjoyment and value of surrounding properties, and/or the outlook or view of other neighboring properties and the suitability of the proposed improvements or alterations with the general asthetic values of the surrounding area.

     7.3     Disapproval   of   Plans.     In   any   case   where   the Architectural Committee shall disapprove the plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement in writing of the grounds upon which such action was based. In any such case, the Architectural Committee shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval. However, the final decision of the Architectural Committee is binding.

     7.4 Approval of Plans. The applicant shall submit for approval two sets of plans and specifications. Upon approval by the Architectural Committee, one copy of such plans and specifications shall be retained by the Committee, and the other bearing the approval of the Committee in writing shall be returned to the applicant.

     7.5 Non-Approved Structures. If any Structure shall be altered, erected, placed or maintained upon any Lot, or any new use commenced on any Lot, in violation of the provisions hereof, such Structure or new use shall be removed or discontinued, and such use shall be terminated so as to extinguish such violation. If within fifteen (15) days after notice from the Board of Directors of such violation, the Owner of the Lot upon which such violation exists shall not have taken reasonable steps towards the removal or termination of the same, the Association, through its agents and employees, shall have the right to enter upon the Lot and to take such steps as it deems necessary to extinguish such violation and the cost thereof shall be a binding, personal obligation of the Owner of the Lot, and an additional assessment upon the Lot.

     7.6 Completion of Construction. Upon completion of construction of any Structure in accordance with the provisions hereof, the Architectural Committee, upon request of the applicant shall issue a Certificate of Compliance in form suitable for recordation among the Land Records of Garrett County aforesaid, identifying such Structure and the Lot on which such Structure is placed, and stating that the Structure has been completed pursuant to the terms hereof. Preparation and recording of such Certificate shall be at the expense of the applicant. Any Certificate of Completion issued pursuant hereto shall be prima facia evidence of the facts therein stated, and as to any purchaser or encumbrancer in good faith, and for value, or as to any title insurer, such Certificate shall be inclusive evidence that all Structures on the Lot noted in such certificate comply with the provisions hereof.

     7.7 Examination Fee. The Architectural Committee may charge and collect a reasonable fee for the examination of the plans and specifications submitted for approval. Such payment shall be made at the time such plans and specifications are submitted, provided that such charge shall not exceed the amount chargeable by the appropriate governmental authority for the application for and processing of building permits for Structures on the Lot with regard to which such plans and specifications are submitted. Such fee shall be retained by the Association, and not by the Architectural Committee. The members of the Architectural Committee shall serve without compensation unless specifically approved by the Members.

     7.8 Declarant Exemption. The provisions of this Article Seven shall not apply to any Structures commenced, erected or maintained by Declarant on any Lot, or within the Property.

     7.9 Architectural Committee Rules. The Architectural Committee to the extent of its functions hereunder and rights specifically provided herein, may adopt and promulgate reasonable rules and regulations regarding the administration, interpretation and enforcement of the provisions of this Declaration.

     7.10 Conditional Approvals. In granting any permit, authorization ,or approval, as herein provided, the Architectural Committee may impose any appropriate conditions or limitations thereon as they shall deem advisable under the circumstances of each case.

ARTICLE EIGHT

Restrictions on Lots

     8.1 Residential Use. Lots will be used for residential purposes only, except that Declarant may use any Lot as a model home and for sales, management and/or construction offices during the Development Period.

     8.2 Subdivision. Without the prior written approval of the Architectural Committee, no Lot shall be subdivided.

     8.3 Structures. No Structure may be erected or maintained on any Lot in violation of Article Seven above, requiring approval of the Architectural Committee.

     8.4 Rules. In order to assure the peaceful and orderly use and enjoyment of the Property, the Board of the Association may from time to time adopt, modify and revoke in whole or in part, such reasonable rules and regulations, to apply equally to all similarly situated Lots and Members, governing the conduct of persons on or use of a Lot and the Common Areas, as the Association may deem necessary. All such rules shall be binding upon all Members of the Association, occupants and visitors to the Property. The Association may impose a fine, suspend voting or infringe upon any other rights of an Owner or other occupant for violation of the rules upon compliance with applicable law, if any and this Declaration.

     8.5 Anything contained in this Article to the contrary notwithstanding, any Lot may be used by Declarant for model home purposes or for the maintenance of a real estate office during the Development Period. Declarant shall be entitled to conduct on any Lot all activities normally associated with and convenient to the development of the Property and the construction and sale of the residences thereon.

ARTICLE NINE

Annexation

     9.1 Additional Property. Additional residential Lots and Common Areas may be annexed to the Property with the consent of two-thirds (2/3) of each class of Members.

     9.2 Annexation by Declarant. Additional land within the area described in Exhibit B attached hereto and made a part hereof may be annexed to the Property and made residential Lots and Common Areas of the Property by Declarant without the consent of members within ten (10) years of the date this Declaration is recorded among the Land Records of Garrett County aforesaid. Provided, however, if at the application of Declarant the Veterans Administration or the Federal Housing Administration or any successor agency approves the Property or any part thereof or any Lot thereon for federally approved mortgage financing purposes, thereafter any annexation shall be made only if the Federal Housing Administration and/or the Veterans Administration determine that the annexation is in accord with the general plan theretofore approved by them.

     9.3 Recording. Any annexation made to the Property pursuant to paragraph 9.1 above, shall be done and become effective upon recording of an amendment to this Declaration by the Association among the Land Records of Garrett County aforesaid, specifying the additional land to be annexed to the property; and any annexation made to the Property hereunder pursuant to paragraph 9.2 above shall become effective upon recording of an Amendment to this Declaration by Declarant among the Land Records of Garrett County aforesaid, specifying the additional land to be annexed to the Property.

ARTICLE TEN

Party Walls

     10.1 General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the lots and placed on the dividing line between the lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

     10.2 Sharing and Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use.

     10.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omission.

     10.4 Weatherproofing. Notwithstanding any other provision of this Article, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

     10.5 Right to Contribution Runs With Land. The right to any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.

ARTICLE ELEVEN

General Provisions

     11.1 Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

     11.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in noways affect any other provisions which shall remain in full force and effect.

     11.3 Amendment.

          11.3.1 The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by no less than seventy-five (75%) percent of each class of Members who are entitled to vote at a meeting of Members. Any amendment must be recorded.

          11.3.2 Until the conclusion of the Development Period of the Property, including any additional land annexed to the Property by Declarant as herein permitted, no amendment may alter or affect any rights granted hereunder to Declarant without the prior written consent of Declarant. Notwithstanding the foregoing, no amendment affecting assessments, any property right, the right of any Owner to have, use or enjoy any easement or to use the Common Area, or the vested right of any party secured by a mortgage or deed of trust shall be valid or of any effect unless such amendment has been approved in writing by such party having such right or interest.

         11.3.3   Anything set forth in Section 11.3.2 above the contrary notwithstanding, the Declarant shall have the absolute unilateral right, power and authority to amend, modify, revise or change any of the terms or provisions of this Declaration, all as from time to time amended or   supplemented.    This unilateral right, power and authority of the Declarant may be exercised only if either   the Veterans Administration or the Federal Housing Administration or any successor agencies thereto shall require such action as a condition precedent to the approval by such agency of the United States of the Property or any part thereof or of any Lot thereof, for federally approved mortgage financing proposed   under   applicable   Veterans   Administration,   Federal Housing Administration or similar programs.   If upon the application of Declarant   the Veteran Administration or   the Federal Housing   Administration   or   any   successor   agency   approves   the Property or any part thereof or any Lot thereon for federally approved mortgage financing purposes, thereafter any amendments to the Declaration made during any period of time when there are Class B Members shall also require the prior consent of the agency giving such approval.

     11.3.4 Notices. All notices required or provided for in this Declaration shall be in writing and hand delivered or sent by United States mail. If hand delivered, the notices shall be sent to the addresses shown below and shall be deemed to have been given on the date hand delivered to the party receiving the same. If United States mails are used, the notices shall be sent to the addresses shown below, certified' or registered mail, return receipt requested, postage prepaid, and shall be deemed to have been given on the date deposited in the United States mails. Notice shall be addressed as follows:

To Declarant: Rolling Ridge Joint Venture
                   700 Fairmount Avenue
                   Towson, Maryland   21204

with a copy to: S. Leonard Rottman, esq.
                   Tabor & Rothman, P.A.
                   1808 Charles Center
                   South 36 S. Charles Street
                   Baltimore , Maryland   21201

To the Association:     To the Resident Agent of the
                        Association at his address,
                        as shown by   the   records of
                        the State Department of Assessments
                        and Taxation of the State of Maryland

To Owner/Members as follows:       To the last known address of  Owner/ Member   as   shown   on the records of the Association at the time of such mailing, and if there is no such address, then to the Lot of such Owner/ Member.

Any person shall have the right to designate a different address for the receipt of notices other than set forth above, provided the person's new address is contained in a written notice given to the Declarant during the Development Period and to the Association.

      11.5 Right of Entry.   Violation or breach of any provision herein contained shall give Declarant or the Association, to the extent   that   any   of   them   may   have   a   right   of   enforcement thereover, their respective agents, legal representatives, heirs, successors and assigns, in addition to all other remedies, the right (but not the obligation), after five (5) days notice to the Owner of the Lot, to enter upon the Lot or the land as to which such violation or breach exists,   and summarily to abate and remove, at the expense of the Owner thereof, any Structure or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof; and the said parties shall not thereby be deemed guilty of any manner of trespass for such entry,   abatement   of   removal,   except   that   if   any   agent   of Declarant or the Association shall be responsible for actually committing a trespass by behavior going beyond the intent of the authority   conferred   by   this   Section,   in   such   event   neither Declarant   nor   the   Association   shall   be   responsible   for   the unauthorized acts of such agent(s).    Nothing herein contained shall be deemed to affect or limit the rights of the Owners of the Lots when entitled to do so, to enforce the covenants by appropriate juridicial proceedings.

     11.6 No Reverter or Condition Subsequent. No provision herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter.

     11.7 Remedies. Damages may not be deemed adequate compensation for any breach of violation for any provision hereof, so that any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction as well as any other available relief either at law or in equity.

     11.8 Headings. The headings or titles herein are for convenience of reference only and shall not affect the meaning of interpretation of the contents of this Declaration.

     11.9 FHA/VA Approval. If the Declarant applies for approval of the federal FHA or VA mortgage financing, then in that event so long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Condition and Restrictions.

ARTICLE TWELVE

Ski Slopes

     12.1 Ski Slopes. The Property adjoins and is partially surrounded by property that is not part of The Villages of Wisp, neither as home sites or as Common Areas of the Association. The adjoining and surrounding property is now owned by Developer or a related entity thereof. This adjoining and surrounding property has been or may be leased to a ski resort operator and used as part of a snow ski resort.

     12.2    Ski   Slope   Interference.     If   the   adjoining   and surrounding property aforesaid is used as part of a snow ski resort, the operation thereof may create conditions that result in some unavoidable interference with the Property and the improvement thereon. Such interference may include, but is not limited to the following:

     12.2.1 Snow making operations may cause ice and snow to form and collect on exposed areas of improvements on the Property.

     12.2.2 Snow making and slope grooming operations are generally scheduled late at night or all night. These operations generate noise that may be heard on the Property and in the improvements thereon.

     12.2.3 Lights from night skiing operations may illuminate certain areas of the Property.

     12.3 Resort Operators Liability. The owner of the adjoining and surrounding property, as a lessor thereof, and the operator of any snow ski resort thereon, as tenant, may agree that the tenant shall not be liable to lessor, its successors or assigns (which may be deemed to include purchasers of Lots and the Association) for damage or claims arising out of the activities referred to above, unless cause by any negligence on the part of the tenant.

12.4 Purchasers of Lots and the Association shall take and hold title to the Property, and any part thereof, including Lots and Common Areas, subject to notice of the provisions set forth in this part 12.

ARTICLE THIRTEEN

Force Majeure

     13.1 Whenever herein a time period provided for Developer to do or perform, or within which Developer may do or perform any act or thing, including, but not limited to, the time of a "Development Period" as defined in paragraph 1.7 above, and/or Developer's rights of Annexation as provided for in Article Nine above, in the event Developer is delayed or hindered in or prevented from doing or performing such act or thing by reason of strikes, labor troubles, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, acts of God, fire, or other casualty or reason of a similar of dissimilar nature beyond the reasonable control of Developer, then performance of such act or thing shall be excused for the period of the delay and the period for the performance of such act or thing shall be extended for a period equivalent to the period of such delay.   In no event shall the extensions of time permitted herein extend beyond twenty (20) years from the date hereof.

     IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunder set its hand and seal the day and year first above written.

ATTEST:                       ROLLING RIDGE JOINT VENTURE

_______________________,      By:_________________________(Seal)

STATE OF MARYLAND, COUNTY/ CITY OF ____________ to wit:

I HEREBY CERTIFY that on this ____ day of ______198__, before me, the subscriber, a Notary Public in and for the State and   County   aforesaid,   personally   appeared   LAWRENCE   R.RACHUBA, President of Rachuba Enterprises, Inc., General Partner of Rolling Ridge Joint Venture, and that he, as such President of the General Partner, being so authorized to do, executed the foregoing Declaration for the purposes therein contained, by signing in my presence, the name of the Partnership, by himself as such President of Rachuba Enterprises, Inc.

WITNESS, my hand and Notarial Seal.                                   _____________________________                                  

My Commission Expires:
July 1, 1990

SCHEDULE A
Description of Section One
to be submitted to Homeowners Association

Description

15.547 Acre Parcel, Part Of the Land Of Rolling Ridge Joint Venture, Phase 1, Parcel ‘A’, Sixth Election District, Garrett County, Maryland. Beginning for the same on the ninth line of the first parcel of land described in the deed from Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture, dated December 23, 1985, and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644, said beginning point being distant 517.19 feet, as measured South 11 degrees 27 minutes 59 seconds West along said ninth line from the beginning thereof, running thence binding on a part of said ninth line, and referring the courses of this description to the meridian of the descriptions in said deed, (1) South 11 degrees 27 minutes 59 seconds West 825.80 feet, thence still binding on the outlines of said first parcel five courses: (2) North 67 degrees 47 minutes 31 seconds West 1.09 feet, (3) North 66 degrees 16 minutes 31 seconds West 93.08 feet, (4) South 22 degrees 12 minutes 29 seconds West 100.00 feet, (5) South 64 degrees 02 minutes 31 seconds East 142.17 feet, and (6) South 24 degrees 55 minutes 29 seconds West 403.72 feet, thence for lines of division through said first parcel four courses: (7) North 65 degrees 00 minutes 00 seconds West 495.43 feet, (8) North 10 degrees 00 minutes 00 seconds East 476.00 feet, (9) North 11 degrees 00 minutes 00 seconds West 469.99 feet, and (10) North 79 degrees 00 minutes 00 seconds East 801.25 feet to the place of beginning.

Containing 15.547 acres of land, more or less.

Being a part of the first parcel of land described in the deed from Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture, dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644.

Description

16.643 Acre Parcel, Part Of the Land Of Rolling Ridge Joint Venture, Phase 1, Parcel “B”, Sixth Election District, Garrett County, Maryland.

Beginning for the same on the seventh line of the first parcel of land described in the deed from Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture, dated December 23, 1985, and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644, said beginning point being distant 1,565.07 feet, as measured North 69 degrees 41 minutes 50 seconds East along said seventh line from the beginning thereof, running thence binding on a part of said seventh line, and referring the courses of this description to the meridian of the descriptions in said deed, (1) North 69 degrees 41 minutes 50 seconds East 365.00 feet, thence for lines of division through said first parcel ten courses: (2) South 29 degrees 38 minutes 19 seconds East 469.21 feet, (3) South 70 degrees 00 minutes 00 seconds East 292.00 feet, (4) South 11 degrees 00 minutes 00 seconds East 424.00 feet, (5) South 10 degrees 00 minutes 00 seconds West 418.00 feet, (6) North 80 degrees 00 minutes 00 seconds West 83.00 feet, (7) North 42 degrees 00 minutes 00 seconds West 399.00 feet, (8) North 70 degrees 00 minutes 00 seconds West 221.00 feet, (9) North 54 degrees 00 minutes 00 seconds West 348.00 feet, (10) North 21 degrees 00 minutes 00 seconds West 217.00 feet, and (11) North 08 degrees 02 minutes 11 seconds East 419.37 feet to the place of beginning.

Containing 16.643 acres of land, more or less.

Being a part of the first parcel of land described in the deed from Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture, dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644.

SCHEDULE B

Additional Land That May Later Be Submitted to the Declaration of Covenants as Part of the Property

Description to Accompany Homeowners Association Declaration

The Villages of Wisp Association, Inc.

(281.718 net acres, more or less)

6th Election District, Garrett County, Maryland.  

Beginning for the first at the beginning of the first parcel of land which by deed dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland in Liber C.C.D. No. 465 Folio 644, was conveyed by Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture, said point of beginning being situate in the outline of the lands of the Pennsylvania Electric Company thence leaving said point of beginning and running and binding on the first through the 36th lines of the first parcel of said deed, referring all courses of this description to the meridian of said deed, the 36 following courses and distances, viz; (1) North 21 degrees 49 minutes 25 seconds East 877.22 feet, thence (2) North 43 degrees 25 minutes 37 seconds East 360.15 feet, thence (3) North 21 degrees 25 minutes 14 seconds East 255.56 feet, thence (4) North 18 degrees 21 minutes 34 seconds West 5598.77 feet, thence (5) North 19 degrees 04 minutes 34 seconds West 1830.18 feet, thence (6) North 69 degrees 46 minutes 58 seconds East 100.65 feet, thence (7) North 69 degrees 41 minutes 50 seconds East 3010.07 feet, thence (8) South 73 degrees 23 minutes 19 seconds East 500.62 feet, thence (9) South 11 degrees 27 minutes 59 seconds West 1342.99 feet to a point on the sixth line of a parcel conveyed by F. Perry Smith, Jr. and Adrian C. Smith to John Hottenstein, Jr. et ux, by deed dated August 13, 1962 recorded in Deed Liber No. 243, Folio No. 242, one of the Land Records of Garrett County, Maryland, thence with and binding on a part of the sixth, the entire fifth and fourth, and part of the third lines, reversed of said above mentioned Hottenstein deed for the next four courses and distances, (10) North 67 degrees 47 minutes 31 seconds West 1.09 thence (11) North 66 degrees 16 minutes 31 seconds West 93.08 feet, thence (12) South 22 degrees 12 minutes 29 seconds West 100.00 feet, thence (13) South 64 degrees 02 minutes 31 seconds East 142.17 feet, to the northwesterly side of Marsh Hill Road, thence crossing Marsh Hill Road and with and binding on the easterly right-of-way margin of Marsh Hill Road for the next eight courses and distances, (14) South 24 degrees 55 minutes 29 seconds West 806.29 feet, thence (15) South 25 degrees 45 minutes 50 seconds West 115.00 feet, thence (16) South 18 degrees 43 minutes 39 seconds West 100.66 feet, thence (17) South 18 degrees 43 minutes 39 seconds West 100.66 feet, thence (18) South 19 degrees 45 minutes 53 seconds West 100.47 feet, thence (19) South 17 degrees 07 minutes 11 seconds West 100.29 feet, thence (20) South 18 degrees 03 minutes 55 seconds West 128.54 feet, thence (21) South 13 degrees 51 minutes 12 seconds West 125.95 feet to the end of the second line of Parcel A which is described in a deed dated February 2, 1984, Adella E. McIntire to Howard H. Bell, et ux and Jeffery C. Bell, recorded in Deed Liber No. 443, Folio No. 700, one of the aforesaid Land Records, thence crossing Marsh Hill Road and also with and binding on the entire third, second and first lines reversed of Parcel B as described in the above mentioned Bell deed and also crossing Marsh Hill Road to the easterly right-of-way margin thereof for the next three courses and distances, (22) North 88 degrees 37 minutes 49 seconds West 194.10 feet, thence (23) South 23 degrees 33 Minutes 31 Seconds West 105.67 feet, thence (24) South 80 degrees 54 minutes 01 Seconds East 214.71 feet to the easterly side of Marsh Hill Road, thence with and binding on the easterly side of Marsh Hill Road for the next five courses and distances (25) South 15 degrees 13 minutes 53 seconds East 175.71 feet, thence (26) South 19 degrees 50 minutes 01 seconds East 400.00 feet, thence (27) South 00 degrees 32 minutes 37 seconds East 105.95 feet, thence (28) South 11 degrees 18 minutes 11 seconds East 101.12 feet, thence (29) South 19 degrees 49 minutes 50 seconds East 1000.25 feet to point, thence crossing Marsh Hill Road and also with and binding on the entire fourth, third and second lines reversed of Parcel No. 2 which is described in a deed conveyed or to be conveyed to Jimmy Railey, Jr., recorded or to be recorded among the Land Records of Garrett County, Maryland (30) South 70 degrees 09 minutes 59 seconds West 285.54 feet to point, thence (31) South 19 degrees 50 minutes 01 seconds East 100.00 feet to a point, thence (32) North 70 degrees 09 minutes 59 seconds East 285.53 feet to a point on the easterly side of Marsh Hill Road, thence with and binding on the easterly side of Marsh Hill Road for the next three courses and distances, (33)South 19 degrees 49 minutes 50 seconds East 525.75 feet, thence (34) South 18 degrees 14 minutes 56 seconds East 717.26 feet, thence (35) South 00 degrees 11 minutes 41 seconds East 523.85 feet to the southwesterly property corner of a parcel now or formerly owned by Edward Placzek, et ux, recorded in Deed Liber No. 394, Folio No. 710, one of the aforesaid Land Records, thence with and binding on the most southerly property line of said parcel and leaving Marsh Hill Road, (36) North 89 degrees 48 minutes 20 seconds East 200.00 feet to intersect the outline of the lands of the Pennsylvania Electric Company, thence running and binding thereon and also, in part, binding on the 37th line of the first parcel of the first hereinmentioned deed and, in part, binding on the first line of the land which by deed dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland in Liber C.C.D. No. 465 Folio 652, was conveyed by Randolph L. Williams to Rolling Ridge Joint Venture and, in part, binding on the 41st line of the first parcel of said first hereinmentioned deed, in all, (37) South 00 degrees 11 minutes 41 seconds East 894.37 feet thence running and binding on the 42nd, 43rd and 44th lines of the first parcel of said first hereinmentioned deed and also binding on the outlines of the lands of the Pennsylvania Electric Company, the three following courses and distances, viz; (38) South 22 degrees 21 minutes 03 seconds West 870.33 feet, thence (39) South 24 degrees 01 minutes 29 secoonds West 740.55 feet, and thence (40) South 73 degrees 18 minutes 48 seconds West 1439.09 feet to the point of beginning.

Containing 388.808 acres of land more or less.

Beginning for the second at the beginning of the second parcel of land which by deed dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland in Liber C.C.D. No. 465 Folio 644, was conveyed by Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture thence leaving said point of beginning and running and binding on the first through the fifth lines of the second parcel of said deed, referring all courses of this description to the meridian of said deed, the five following courses and distances, viz; (1) South 24 degrees 55 minutes 29 seconds West 124.07 feet to a point which marks the northeasterly property corner of a parcel now or formerly owned by William G. Hrindac, recorded in Deed Liber No. 411, Folio No. 586 of the aforesaid Land Records, thence with and binding on a part of the most northerly property line of same, (2) North 65 degrees 04 minutes 31 seconds West 155.64 feet to a point on the southeasterly right-of-way margin of Marsh Hill Road, thence with and binding on same for the next two courses and distances, (3) North 64 degrees 09 minutes 29 seconds East 53.04 feet to a point, thence (4) North 53 degrees 08 minutes 37 seconds East 89.89 feet to a point, and thence (5) South 67 degrees 47 minutes 31 seconds East 79.68 feet to the point of beginning, containing 13,843 square feet or 0.318 acres of land more or less.

Being subject, however, to a 25 foot right-of-way along the most northerly (South 67 degrees 47 minutes 31 seconds East line) to be used for purposes of ingress and egress.

Saving and excepting from the above described 388.808 acres, more or less, parcel of land all of those four parcels of land containing, in all, 107.408 acres of land, more or less, which parcels are described as follows:

Beginning for the first on the ninth line of the first parcel of land described in the deed from Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture, dated December 23, 1985, and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644, said beginning point being distant 517.19 feet, as measured South 11 degrees 27 minutes 59 seconds West along said ninth line from the beginning thereof, running thence binding on a part of said ninth line, and referring the courses of this description to the meridian of the descriptions in said deed, (1) South 11 degrees 27 minutes 59 seconds West 825.80 feet, thence still binding on the outlines of said first parcel five courses: (2) North 67 degrees 47 minutes 31 seconds West 1.09 feet, (3) North 66 degrees 16 minutes 31 seconds West 93.08 feet, (4) South 22 degrees 12 minutes 29 seconds West 100.00 feet, (5) South 64 degrees 02 minutes 31 seconds East 142,17 feet, and (6) South 24 degrees 55 minutes 29 seconds West 403.72 feet, thence for lines of division through said first parcel four courses: (7) North 65 degrees 00 minutes 00 seconds West 495.43 feet, (8) North 10 degrees 00 minutes 00 seconds East 476.00 feet, (9) North 11 degrees 00 minutes 00 seconds West 469.99 feet, and (10) North 79 degrees 00 minutes 00 seconds East 801.25 feet to the point of beginning.

Containing 15.547 acres of land, more or less.

Beginning for the second on the seventh line of the first parcel of land described in the deed from Anthony G. Scariano, Trustee under the Last Will and Testament of Fannabel Smith Reider, deceased, to Rolling Ridge Joint Venture, dated December 23, 1985, and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644, said beginning point being distant 1,565.07 feet, as measured North 69 degrees 41 minutes 50 seconds East along said seventh line from the beginning thereof, running thence binding on a part of said seventh line, and referring the courses of this description to the meridian of the descriptions in said deed, (1) North 69 degrees 41 minutes 50 seconds East 365.00 feet, thence for lines of division through said first parcel ten courses: (2) South 29 degrees 38 minutes 19 seconds East 469.21 feet, (3) South 70 degrees 00 minutes 00 seconds East 292.00 feet, (4) South 11 degrees 00 minutes 00 seconds East 424,00 feet, (5) South 10 degrees 00 minutes 00 seconds West 418.00 feet, (6) North 80 degrees 00 minutes 00 seconds West 83.00 feet, (7) North 42 degrees 00 minutes 00 seconds West 399.00 feet, (8) North 70 degrees 00 minutes 00 seconds West 221.00 feet, (9) North 54 degrees 00 minutes 00 seconds West 348.00 feet, (10) North 21 degrees 00 minutes 00 seconds West 217.00 feet, and (11) North 08 degrees 02 minutes 11 seconds East 419.37 feet to the point of beginning.

Containing 16.643 acres of land, more or less.

Beginning for the third at the beginning of the eighth or South 73 degrees 23 minutes 19 seconds East 500.62 foot line of the first parcel of land which by deed dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644, was conveyed by Anthony G. Scariano, Trustee, to Rolling Ridge Joint Venture, thence binding on a part of the eighth line of the first parcel of said deed, and referring all courses of this description to the meridian of said deed, (1) South 73 degrees 23 minutes 19 seconds East 175.00 feet, thence leaving said eighth line and running for lines of division through the first parcel of said deed, the sisteen following courses and distances: (2) South 18 degrees 00 minutes 00 seconds West 719.00 feet, thence (3) South 79 degrees 00 minutes 00 seconds West 361.78 feet, thence (4) South 11 degrees 00 minutes 00 seconds East 469.99 feet, thence (5) South 10 degrees 00 minutes 00 seconds West 476.00 feet, thence (6) South 65 degrees 00 minutes 00 seconds East 379.00 feet, thence (7) South 25 degrees 00 minutes 00 seconds West 195.00 feet, thence (8) South 74 degrees 00 minutes 00 seconds West 675.00 feet, thence (9) North 73 degrees 00 minutes 00 seconds West 295.00 feet, thence (10) South 86 degrees 00 minutes 00 seconds West 470.00 feet, thence (11) South 89 degrees 00 minutes 00 seconds West 402.00 feet, thence (12) North 29 degrees 03 minutes 59 seconds West 353.08 feet, thence (13) North 02 degrees 00 minutes 00 seconds East 50.00 feet, thence (14) South 88 degrees 00 minutes 00 seconds East 460.00 feet, thence (15) North 02 degrees 00 minutes 00 seconds East 247.00 feet, thence (16) North 30 degrees 00 minutes 00 seconds West 236.00 feet, and thence (17) North 41 degrees 04 minutes 08 seconds West 765.91 feet to intersect the seventh line of the first parcel of the aforesaid deed, thence binding on a part of said seventh line, (18) North 69 degrees 41 minutes 50 seconds East 971.00 feet, thence leaving said seventh line and running again for lines of division through the first parcel of the aforesaid deed the ten following courses and distances: (19) South 08 degrees 02 minutes 11 seconds West 419.37 feet, thence (20) South 21 degrees 00 minutes 00 seconds East 217.00 Feet, thence (21) South 54 degrees 00 minutes 00 seconds East 348.00 Feet, thence (22) South 70 degrees 00 minutes 00 seconds East 221.00 Feet, thence (23) South 42 degrees 00 minutes 00 seconds East 399.00 Feet, thence (24) South 80 degrees 00 minutes 00 seconds East 83.00 Feet, thence (25) North 10 degrees 00 minutes 00 seconds East 418.00 Feet, thence (26) North 11 degrees 00 minutes 00 seconds West 424.00 Feet, thence (27) North 70 degrees 00 minutes 00 seconds West 292.00 Feet, and thence (28) North 29 degrees 38 minutes 19 seconds West 469.21 feet to intersect the aforesaid seventh line of the aforesaid first parcel of land, thence binding on a part of said seventh line, (29) North 69 degrees 41 minutes 50 seconds East 1,080.00 feet to the point of beginning.

Containing 55.507 acres of land, more or less.

Beginning for the fourth at the point located North 17 degrees 58 minutes 53 seconds West 323.47 feet from the end of the twenty-second or North 88 degrees 37 minutes 49 seconds West 194.10 foot line of the first parcel of land which by deed dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland, in Deed Liber C.C.D. 465, Page 644, was conveyed by Anthony G. Scariano, Trustee, to Rolling Ridge Joint Venture, referring said commencing course and all courses of this description to the meridian of said deed, thence for lines of division through the first parcel of land described in said deed, the thirty-one following courses and distances: (1) South 46 degrees 25 minutes 00 seconds West 1,013.00 feet, thence (2) South 00 degrees 10 minutes 00 seconds East 417.00 feet, thence (3) South 68 degrees 10 minutes 00 seconds West 207.00 feet, thence (4) North 34 degrees 30 minutes 00 seconds West 458.00 feet, thence (5) North 06 degrees 15 minutes 00 seconds West 246.00 feet, thence (6) North 15 degrees 35 minutes 00 seconds West 265.00 feet, thence (7) North 32 degrees 55 minutes 00 seconds West 230.00 feet, thence (8) North 04 degrees 35 minutes 00 seconds East 489.00 feet, thence (9) North 31 degrees 04 minutes 50 seconds East 174.40 feet, thence (10) North 89 degrees 00 minutes 00 seconds East 123.00 feet, thence (11) South 34 degrees 40 minutes 00 seconds West 299.70 feet, thence (12) South 04 degrees 35 minutes 00 seconds West 344.22 feet, thence (13) South 26 degrees 35 minutes 00 seconds East 137.07 feet, thence (14) South 64 degrees 15 minutes 00 seconds East 150.00 feet, thence (15) North 44 degrees 15 minutes 00 seconds East 261.00 feet, thence (16) North 17 degrees 00 minutes 00 seconds East 514.00 feet, thence (17) North 26 degrees 35 minutes 00 seconds West 116.00 feet, thence (18) North 86 degrees 00 minutes 00 seconds East 470.00 feet, thence (19) South 24 degrees 23 minutes 42 seconds West 313.82 feet, thence (20) South 35 degrees 15 minutes 00 seconds West 316.00 feet, thence (21) South 49 degrees 10 minutes 00 seconds West 365.00 feet, thence (22) South 00 degrees 55 minutes 00 seconds West 485.00 feet, thence (23) South 77 degrees 20 minutes 00 seconds East 194.00 feet, thence (24) North 23 degrees 15 minutes 00 seconds East 167.00 feet, thence (25) North 47 degrees 55 minutes 00 seconds East 213.00 feet, thence (26) North 05 degrees 10 minutes 00 seconds East 190.00 feet, thence (27) North 45 degrees 40 minutes 00 seconds East 441.00 feet, thence (28) North 17 degrees 05 minutes 00 seconds East 450.00 feet, thence (29) North 74 degrees 00 minutes 00 seconds East 675.00 feet, thence (30) South 50 degrees 30 minutes 00 seconds West 572.00 feet, and thence (31) South 15 degrees 50 minutes 00 seconds West 302.00 feet to the point of beginning.

Containing 19.711 acres of land, more or less.

AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS

THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Made this _______ day of __________________ , 1988, by ROLLING RIDGE JOINT VENTURE, a Maryland general partnership (hereinafter referred to as “Declarant”);

W I T N E S S E T H:

WHEREAS, Declarant made, executed and caused to be recorded a Declaration of Covenants, Conditions and Restrictions (hereinafter called the “Declaration”) dated the 27th day of May, 1987 and recorded among the Land Records of Garrett County in Liber CCDeW No. 494, Page 829, et seq.;

WHEREAS, Pursuant to Section 9.2 of Article Nine of the Declaration, Declarant reserved the right to add to the property subject to the Declaration additional land within the area described in Schedule B attached to the Declaration; and

WHEREAS, Declarant is the owner of that certain property situate in Garrett County, State of Maryland, more particularly described in Schedule A-1 attached hereto and made a part hereof, and that property is within the area described in Schedule B attached to the Declaration, and Declarant wishes to add that property described in Schedule A-l hereto to the property subject to the Covenants, Conditions and Restrictions of the Declaration.

NOW, THEREFORE, Declarant hereby declares that the Declaration of Covenants, Conditions and Restrictions be and it is hereby amended as follows:

1. All that property described in Schedule A-1 attached hereto is annexed to the property subject to the Declaration and shall be held, sold and conveyed subject to the easements, declarations, covenants and conditions set forth in the Declaration, 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 of the parties having any right, title or interest in the described properties or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof.

2. Lots and commons area in the property described in Schedule A—1 attached hereto are shown on the plat or plats prepared by or for Declarant entitled “Final Plan of Planned Residential Development” of “The Villages of Wisp”- Phase II” recorded or intended to be recorded hereafter among the Land Records of Garrett County aforesaid, and shall be held, granted and conveyed as provided for Lots and Common Areas in the Declaration.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal the day and year first above written.

STATE OF MARYLAND, CITY/COUNTY OF __________________ , to wit:

I HEREBY CERTIFY that on this _______ day of _______________ 1988, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Lawrence R. Rachuba, President of Rachuba Enterprises, Inc., General Partner of Rolling Ridge Joint Venture, and that he, as such President of the General Partner, being so authorized to do, executed the foregoing Amendment to Declaration for the purposes therein contained, by signing in my presence, the name of the partnership, by himself as such President of Rachuba Enterprises, Inc.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written.

My Commission Expires:
July 1, 1991

The undersigned Trustees under that certain indemnity Deed of Trust dated the ______ day of _________________ , 19 , by and between Rolling Ridge Joint Venture and the undersigned Trustees, join herein for the sole purpose of subordinating the Lien of the aforesaid Deed of Trust, which has been recorded among the Land Records of Garrett County in Liber CCDeW, No. ___ , Page __________, et seq. to the legal operation and effect of the aforegoing Amendment to Declaration of Covenants, Conditions and Restrictions of the Villages of Wisp.

STATE OF MARYLAND, CITY/COUNTY OF _________________________, to wit:

I HEREBY CERTIFY that on this _______ day of _________________, 19___, before me, the subscriber, a Notary Public in and for the State and City/County aforesaid, personally appeared _____________________, Trustee and that he/she, as such Trustee, being so authorized to do, executed the aforegoing for the purposes therin contained, and declared the same to be his/her act and deed as Trustee.

IN WITNESS WHEROF, I have hereunto set my hand and official seal the day and year first above written. 

My Commission Expires:
July 1, 1991

STATE OF MARYLAND, CITY/COUNTY OF __________________ , to wit:
I HEREBY CERTIFY that on this _______ day of _______________ 19___, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared ________________, Trustee, and that he/she, as such Trustee being so authorized to do, executed the aforegoing for the purposes therein contained, and declared the same to be his/her act and deed as Trustee.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written.

My Commission Expires:
July 1, 1991

Description

31.392 Acre Parcel, Phase IIA of “The Villages
of Wisp’, Portion of Rolling Ridge
Joint Venture Property, Marsh Hill Road, Sixth Election District,
Garrett County, Maryland.

Beginning for the same on the southeast side of Marsh Hill Road, 30 feet wide, and on the fourteenth line of the first parcel of land which by deed dated December 23, 1985 from Anthony G Scariano, Trustee, to Rolling Ridge Joint Venture, and recorded among the Land Records of Garrett County, Maryland, in Liber C.C.D. 465, Page 644, said beginning point being distant 669.66 feet, as measured South 24 degrees 55 minutes 29 seconds West along said fourteenth line from the beginning thereof, said beginning point being at the beginning of the fifteenth line of the 35.806 acre parcel described in the deed from Rolling Ridge Joint Venture to Rolling Trails, Inc., dated July 31, 1987 and recorded among the aforementioned Land Records in Liber C.C.D. 499, Page 239, thence leaving said point of beginning and running and binding on said southeast side of Marsh Hill Road and also binding on part of the aforesaid fourteenth line and on the fifteenth through twenty—first lines inclusive of said first parcel, referring all courses of this description to the meridian of the first hereinmentioned deed, the eight following courses and distances, viz: (1) South 24 degrees 55 minutes 29 seconds West 136.63 feet to the end of the aforesaid fourteenth line, thence (2) South 25 degrees 45 minutes 50 seconds West 115.00 feet, thence (3) South 18 degrees 43 minutes 39 seconds West 100.66 feet, thence (4) South 18 degrees 43 minutes 42 seconds West 100.66 feet, thence (5)
South 19 degrees 45 minutes 53 seconds West 100.47 feet, thence (6) South 17 degrees 07 minutes 11 seconds West 100.29 feet, thence (7) South 18 degrees 03 minutes 55 seconds West 128.54 feet, and thence (8) South 13 degrees 51 minutes 12 seconds West 125.95 feet, thence leaving said southeast side of Marsh Hill Road and running and binding on the twenty—second and twenty—third lines of said Parcel No. 1, the two following courses and distances, viz: (9) North 88
degrees 37 minutes 49 seconds West 194.10 feet, and thence (10) South 23 degrees 33 minutes 31 seconds West 105.67 feet, thence running for new Lines of division through the land described in the first hereinmentioned deed of which the parcel now being described is a part the thirteen following courses and distances, viz: (11) South 38 degrees 30 minutes 00 seconds West 383.00 feet thence (12) South 12 degrees 35 minutes 00 seconds East 450.61 feet, thence (13) South 79 degrees 01 minute 30 seconds West 160.35 feet, thence (14) North 10 degrees 58 minutes 30 seconds West 204.13 feet, thence (15) North 55 degrees 11 minutes 41 seconds West 14.33 feet, thence (16) South 80 degrees 35 minutes 07 seconds West 65.43 feet, thence (17) westerly, by a curve to the right with the radius of 311.80 feet, the arc distance of 157.54 feet, the chord of said arc being North 84 degrees 56 minutes 24 seconds West 155.87 feet, thence (18) North 70 degrees 27 minutes 56 seconds West 267.25 feet, thence (19) North 32 degrees 55 minutes 00 seconds West 212.00 feet, thence (20) North 17 degrees 15 minutes 00 seconds West 432.00 feet, thence (21) North 32 degrees 45 minutes 00 seconds East 518.00 feet, thence (22) North 00 degrees 50 minutes 00 seconds West 438.00 feet, and thence (23) North 09 degrees 05 minutes 00 seconds East 161.00 feet to intersect the aforementioned fifteenth line of the 35.806 acre parcel herein referred to, thence running and binding reversely on a part of said fifteenth line, (24) South 80 degrees 55 minutes 00 seconds East 953.22 feet, thence running for new lines of division the fifteen following courses and distances, viz: (25) South 18 degrees 00 minutes 00 seconds West 419.08 feet, thence (26) South 43 degrees 05 minutes 00 seconds West 632.00 feet, thence (27) South 13 degrees 10 minutes 00 seconds West 676.83 feet West, thence (28) easterly, by a curve to the left with the radius of 261.80 feet, the arc distance of 118.32 feet, the chord of said arc being South 86 degrees 28 minutes 03 seconds East 117.32 feet, thence (29) North 80 degrees 35 minutes 07 seconds East 65.46 feet, thence (30) North 36 degrees 51 minutes 38 seconds East 14.45 feet, thence (31) northeasterly, by a curve to the right with the radius of 674.05 feet, the arc distance of 425.45
feet, the chord of said arc being North 11 degrees 38 minutes 34 seconds East 418.42 feet, thence (32) northeasterly, by a curve to the right with the radius of 595.00 feet, the arc distance of 257.73 feet, the chord of said arc being North 42 degrees 08 minutes 02 seconds East 255.72 feet, thence (33) North 54 degrees 32 minutes 35 seconds East 141.02 feet, thence (34) northeasterly, by a curve to the left and with the radius of 300.00 feet, the arc distance of 164.15 feet, the chord of said arc being North 38 degrees 52 minutes 04 seconds East 162.11 feet, thence (35) North 23 degrees 11 minutes 34 seconds East 412.78 feet, thence (36) Northeasterly, by a curve to the right with the radius of 140.00 feet, the arc distance of 100.78 feet, the chord of said arc being North 43 degrees 48 minutes 56 seconds East 98.62 feet, thence (37) North 64 degrees 26 minutes 19 seconds East 61.13 feet, thence (38) North 25 degrees 45 minutes 50 seconds East 65.41 feet, and thence (39) North 24 degrees 55 minutes 29 seconds East 122.07 feet to the aforementioned fifteenth line of the 35.806 acre parcel herein referred to, thence running and binding on a part of said fifteenth line, (40) South 80 degrees 55 minutes 00 seconds East 51.97 feet to the point of beginning; containing 31.392 acres of land more or less.

Being a part of that first parcel of land which by deed dated December 23, 1985 and recorded among the Land Records of Garrett County, Maryland in Liber C.C.D. 465, Folio 644 was granted and conveyed by .Anthony C. Scariano, Trustee to Rolling Ridge Joint Venture.

Subject to the mineral and resurfacing rights contained in the two following deeds: deed dated August 20, 1915 and recorded among the Land Records of Garrett County, Maryland in Liber E.Z.T. 68, Folio 520 which was granted and conveyed by Chauncey Bowman et ux., to George E. Sloan; deed dated April 5, 1924 and recorded among the Land Records of Garrett County, Maryland in Liber E.Z.T. 86, Folio 553 which was granted and conveyed by Clarence W. Fraker et ux., to Eastern Land Corporation.

AMENDMENT

TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS AMENDMENT to Declaration of Covenants, Conditions and Restrictions made this 24 th day of April, 1995, by the owners of the Villages of Wisp, hereinafter referred to as “Members”:

W I T N E S S E T H :

WHEREAS, the Declaration of Covenants, Conditions and Restrictions (“the Declaration”) dated 5/27/87 was recorded in Liber 494, folio 829 et seq. of the Garrett County Land Records; and

WHEREAS, pursuant to §9.2 of Article Nine of the Declaration, the original declarant Rolling Ridge Joint Venture, a Maryland general partnership, received the right to add to the property subject to the Declaration additional land without consent of the members within ten (10) years of the original recording date of the Declaration among the aforesaid Land Records upon the recording of an amendment to the Declaration in the aforesaid Land Records pursuant to §9.3 of Article Nine; and

WHEREAS pursuant to §11.3.1 of Article Eleven of the Declaration the Declaration may be amended by an instrument signed by no less than seventy-five (75%) per-cent of each class of members who are entitled to vote at a meeting of members, and any amendment must be recorded; and

WHEREAS the development of the property and any additional land annexed to the property by the Declarant has long since ceased, as set out in §11.3.2 of Article Eleven; and

WHEREAS the class B members (Declarant) no longer exist, although subject to revival, leaving only the Class A Members (the Owners) as the current class of members as sent out in §4.2 of Article Four of the declaration; and

WHEREAS, seventy-five (75%) per-cent or more of the Class A Members have signed an instrument evidencing their approval of the deletion of §9.2 of Article Nine of the Declaration, so that the Declarant may not at any time annex or add land to the Villages of Wisp Subdivision development subject to the Declaration without the consent of two-third (2/3’s) of the Members, as set out in §9.1 of Article Nine of the Declaration.

Now, therefore, The Members hereby declare that the Declaration shall be and it is hereby amended as follows:

Section 9.2 of Article Nine of the Declaration of Covenants, Conditions and Restrictions be and is hereby deleted and removed and shall have no further force and effect.

IN WITNESS WHEREOF, The undersigned, being the authorized representative of seventy-five (75%) per-cent or more of the Class A Members hereunto sets his hand the day and year first written above.

STATE OF MARYLAND, COUNTY OF ___________________, to-wit:

I HEREBY CERTIFY that on this ____ day of _______________, 1995, before me the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Clifford R. Bridgford, president of the Villages of Wisp Homeowners Association, Inc., and that he, authorized to do so, executed the foregoing Amendment to Declaration for the purposes therein contained, and in my presence declared same to be his act as the authorized representative.

WITNESS my hand and Notarial Seal.

My Commission Expires ________________

THE VILLAGES OF WISP

AMENDMENT

TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS AMENDMENT to Declaration of Covenants, Conditions and Restrictions is made this 1 st day of September, 2007:

WHEREAS, the Villages of Wisp Declaration of Covenants, Conditions and Restrictions (“the Declaration”) dated 5/27/87 was recorded in Liber No. 494, folio 829 et seq. of the Land Records of Garrett County, Maryland. It was amended by documents recorded in Liber No. 540, folio 182 and Liber No. 650, folio 683, both among said Land Records.

WHEREAS, pursuant to §11.3.1 of Article Eleven of the Declaration, the Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of members who are entitled to vote at a meeting. The amendment must be recorded.

WHEREAS, a meeting was held on September 1, 2007 after written notice was provided and a quorum not less than sixty percent (60%) of the members in person or by proxy attended, as set out in §5.6 of Article Five.

WHEREAS, the Class B Members (Declarant) no longer exist, leaving only the Class A Members (the Lot Owners) as the current class of members as set out in §4.2 of Article Four of the Declaration. They are herein called Members.

WHEREAS, seventy-five percent (75%) or more of the Members present at said meeting have signed the attached instrument evidencing their approval of the following Amendments to the Declaration.

NOW, THEREFORE, the Declaration is hereby amended as follows:

1. Section 5.11 of the Declaration of Covenants, Conditions and Restrictions is deleted and replace with the following:.

5.11 Effect of late payment or non payment of assessments:

5.11.1 Late Fees shall be assessed as follows:.

A. Monthly assessments shall be paid by the twenty-fifth (25 th) day of each month. If said assessment is not paid by the twenty-fifth day, there will be a late fee of the greater of $15.00 or ten percent (10%) of the amount delinquent or the maximum amount permitted by Maryland statute.

B. Once a fee for late payment is assessed, the amount due for monthly assessment shall be considered the amount of the assessment plus the late charge and interest. If collection costs are incurred, such amounts shall also be considered to be dues. Therefore, if the entire amount of the assessment plus the late charges, interest and collection costs are not paid, the dues will be considered unpaid.

5.11.2 Interest will be charged on annual basis on all outstanding assessments and late fees. Interest shall be charged at the annual rate of eighteen percent (18%) on all past due balances, including all assessments and late fees.

5.11.3 The Association may file liens pursuant to the Maryland Contract Lien Act and/or bring an action at law against the owner personally obligated to pay any assessment, including any late fees or interest and/or foreclose any such lien against the Lot. All costs and reasonable attorney’s fees of any such action shall be added to the amount of such assessment and shall be recoverable in such action. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Association common areas or abandonment of the Lot.

5.11.4 This section applies to all assessments, regular, special and capital contributions.

2. A new Section 5.15 is added to the Declaration:

5.15 Capital Assessments. Upon each transfer of a lot, a capital contribution in the amount of $220.00 shall be paid by the Buyer. This is to be collected at settlement.

Attached hereto are signatures of more than 75% of the quorum that attended said meeting on September 1, 2007 and consented to this amendment.

WITNESS the name of the Association by its president as of the day and year first written above.

STATE OF MARYLAND, COUNTY OF ____________________, to wit:

I HEREBY CERTIFY that on this ____ day of ___________, 2007, before me the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared _______________________________, president of the Villages of Wisp Association, Inc., and that he, as such and being so authorized, executed the foregoing Amendment to Declaration for the purposes therein contained, and in my presence declared same to be his act as the authorized representative.

WITNESS my hand and Notarial Seal.

THE VILLAGES OF WISP
RULES AND REGULATIONS

The following Rules and Regulations are for the protection, benefit and well being of all residents of The Villages of Wisp, Deep Creek Lake, Garrett County, Maryland, and their guests, and are adopted to assure a safe, sanitary and pleasant environment at the Property and in the use of its facilities.

As used herein, words with an initial capital letter are defined to mean the same as defined in the Declaration of Covenants, Conditions and Restrictions for The Villages of Wisp.

Common Areas Restrictions

1. Uses. Common Areas shall not be used except for recreational, park, beautification or amenity purposes.

2. Activities. No noxious or offensive activities shall be carried on upon any of the Common Areas, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

3. Signs. No sign of any kind shall be displayed to the public view on any of the Common Areas except signs used by a builder to advertise a property during a construction and sales period.

4. Trash. None of the Common Areas shall be used or maintained as a dumping ground for rubbish, trash or garbage, nor shall other waste be kept thereon, except in sanitary containers. All dumpsters or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

5. Sewage Disposal. No private sewage disposal systems
shall be permitted on any of the Common Areas.

6. Water Supply. No private water supply system shall be
permitted on any of the Common Areas.

7. Parking Areas. Vehicle parking and storage upon the Property may be regulated by the Board of Directors. Parking spaces in the Common Areas may he assigned by the Board of Directors for use by Lot owners.

No vehicle shall be kept on any designated parking area unless there shall be displayed thereon a current registration. Repair or extraordinary maintenance of vehicles, on any of the Common Areas is prohibited. Vehicles may be parked and stored only in places designated therefor. Vehicles parked or stored on the Property in violation of this rule are subject to removal at the Owner’s sole risk, cost and expense. Vehicles improperly parked or stored will be posted with notice and warning for a period of not less than forty-eight (48) hours prior to towing, in order to provide the owner with an opportunity to remove it.

8. Insurance Rates. Nothing shall be done or maintained in or on any of the Common Areas which will increase the rate of insurance thereon, or result in the cancellation thereof. Nothing shall be done or maintained in or on any of the Common Areas which is in violation of any law.

9. Waste. No waste shall be committed upon any of the Common Areas.

10. Commercial Activities. No part of the Common Areas shall be used for commercial activities of any character unless approved in writing by the Board of Directors in advance.

Lot Restrictions

11. Residential Use. All Lots are to be used for residential purposes exclusively, except for such secondary nonresidential uses as may be permitted by the Board of Directors from time to time.

12. Use Restrictions. No noxious or offensive trade or activity shall be carried on within any Lot, nor shall anything be done therein or thereon which may be or become an annoyance to the neighborhood or to other owners.

13. Insurance. Nothing shall be done or maintained in or on any Lot which will increase the rate of insurance on any Lot or the Common Areas, or result in the cancellation of insurance thereon. Nothing shall be done or maintained on any Lot which is in violation of any law.

14. Alterations. No alterations, construction, addition, remodeling or removal on any Lot shall be commenced or conducted except in strict accordance with the provisions of the Declaration aforesaid and the Articles of Incorporation and Bylaws of The Villages of Wisp Association, Inc.

15. Pets. The maintenance, keeping, boarding and/or raising of animals, livestock or poultry or any kind, regardless of number shall be and is hereby prohibited on or within any Lot except that this shall not prohibit the keeping of one dog, one cat and/or caged birds or domestic pets, provided that they are not breed or maintained for commercial purposes. Each dog must be kept inside its respective Owner’s Lot and may be walked on Common Areas only on a leash. No pet may be staked to a fixed object in, about or on a Lot or the Common Areas. Pet owners are required to remove pet waste from the Common Areas. Pet owners are responsible for all damage, destruction or litter sustained in the Common Areas as a result of their pet’s activities.

16. Signs. No sign of any character shall be erected, posted or displayed upon, in, from or about any Lot, except signs used by a builder to advertise a property during a construction and sales period.

17. Trash. No burning of trash, and no unreasonable or unsightly accumulation or storage of litter, new or used building materials or trash of any kind shall be permitted within or on any Lot. Trash and garbage containers shall not be permitted to remain in public view except on the day of collection. Trash must be kept in a sealed container or a secure plastic bag.

18. Antenna. No outside television or radio aerial or antenna, or other aerial or antenna, for reception or transmission, shall be maintained upon any Lot.

19. Decks. Decks, porches and platforms shall be kept in a neat, safe and orderly manner. No items of material shall be hung over the deck railing, or on the outer side of the deck.

20. Loud Noises. No loud noises are allowed and unusual noises, musical instruments, radios, televisions, record players, phonographs, high fi sets, amplifiers and the like shall only be used in such manner as not to disturb persons on other Lots or the Common Areas. Between the hours of 11:00 p.m. and the following 8;00 a.m., there shall be no loud or unusual noises and no musical instruments, radios, televisions, record players, phonographs, high fi sets, amplifiers or the like used in such manner as to be heard on any neighboring Lot or the Common Areas.

DECLARATION OF EASEMENT