Declarations by keralaguest

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									FORM: 5/21/02




Declaration Establishing
Tomahawk Creek Condominiums




Dated___________ ___, 2002
TABLE OF CONTENTS




1.   Name 1
2.    Definitions   1




3.    Numbers and Description of Types of Units 4




4.    Boundaries of Units 5




5.    Limited Common Areas and Facilities -- Assignment and Reassignment   6




6.    Easement for Use of Common Areas and Facilities 7




7.    Undivided Interest in Common Areas and Facilities 7




8.    Association Membership and Allocation of Votes     7




9.    Allocation of Liability for Association Expenses   8




10.   Association Rights and Restrictions 9




11.   Use Restrictions      10
12.   Assessment Lien      17




13.   Amendments 17




14.   Severability   18




15.   Mortgagee Provisions 18




16.   Declarant Rights and Obligations   21




17.   General Provisions   23
LIST OF EXHIBITS




LEGAL DESCRIPTION OF PROPERTY   A




DESCRIPTION OF UNITS AND THE PERCENTAGE OF UNDIVIDED INTEREST

OF EACH UNIT OWNER IN THE COMMON AREAS AND FACILITIES B




BY-LAWS OF THE ASSOCIATION      C




FORM: 5/21/02

STATE OF KANSAS )
) SS:

COUNTY OF JOHNSON            )




DECLARATION ESTABLISHING

TOMAHAWK CREEK CONDOMINIUMS




THIS DECLARATION is made on this ______ day of___________ 2002, by Tomahawk
Creek Condominiums, LLC, a Colorado limited liability company, having its principal
office at 3855 Lewiston Street., Suite 100, Aurora, Colorado 80011,

W I T N E S S E T H:

WHEREAS, the Declarant is the owner in fee simple of property located in the City of
Leawood, of County of Johnson, State of Kansas, which is more particularly described on
Exhibit “A” attached hereto ;




WHEREAS, the Declarant desires to submit the Property to the provisions of the Act
(hereinafter described), pursuant to the terms and provisions of this Declaration.




NOW, THEREFORE, the Declarant does hereby submit the Property, together with all of
the improvements located thereon, to the provisions of the Act. From and after the date
on which this Declaration, together with the Plat of Survey and the Plans described
herein, are recorded in the Office of the Register of Deeds for Johnson County, Kansas
(“Records Office”), the Property and all of the improvements located thereon shall be
owned, held, transferred, sold, conveyed, used, occupied, mortgaged, or otherwise
encumbered subject to all of the terms, provisions, and restrictions of this Declaration and
of the Act.




1.     Name




The name of the condominium is Tomahawk Creek Condominiums (hereinafter
sometimes called the “Condominium”)




2.     Definitions




Generally, the terms used herein shall have their common, generally accepted meanings
or the meanings given in this Declaration, the Act, the Articles of Incorporation, the By-
Laws, or the Kansas Corporation Code. Unless the context otherwise requires, the terms
used in this Declaration, the By-Laws, and the Articles of Incorporation shall have the
following meaning:




(a) Act shall mean the Kansas Apartment Ownership Act, Ks. Code Ann., Section 58-
3101, et seq., as such Act may be amended from time to time.




(b)     Articles of Incorporation shall mean the Articles of Incorporation of Tomahawk
Creek Condominiums Association, Inc., which have been duly filed with the Secretary of
State of the State of Kansas.
(c)     Association shall mean Tomahawk Creek Condominiums Association, Inc., a not-
for-profit corporation and its successors, which shall be and constitute the council of co-
owners as defined in Section 58-3102(d) of the Act.




(d)    Board or Board of Directors shall mean the governing body of the Association.




(e)    Building shall mean any building (including all fixtures and improvements therein
contained), located on the Property and within which one or more Units are located.




(f)    By-Laws shall mean the By-Laws of the Association attached hereto as Exhibit C.




(g)   Common Areas and Facilities shall mean the Property not included within the
boundaries of a Unit, as more particularly described, but without limitation, as follows:




(i)    The land on which the Buildings are located;




(ii)   The foundations, columns, girders, beams, supports, main walls, roofs, halls,
corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the Buildings;




(iii) The basements, storage spaces, yards, gardens and outdoor parking areas,
including car ports which are now or may hereafter be constructed;
(iv)   The premises for the lodging of janitors or persons in charge of the Property;




(v)    Installations of central services such as power, lights, fire alarms, interior
sprinklers and smoke detectors, gas, hot and cold water, heating, refrigeration, air
conditioning and incinerating;




(vi)    The tanks, pumps, motors, fans, compressors, ducts and in general all apparatus
and installations existing for common use;




(vii) Such community facilities, including tennis courts, pool and clubhouse, now or
hereafter constructed on the Property; and




(viii) All other parts of the Property necessary or convenient to its existence,
maintenance and safety, or normally in common use including, without limitation, the
Limited Common Areas and Facilities.




(h)     Common Expenses shall mean and include: All sums lawfully assessed against
the Unit Owners by the Association; all expenses of administration, maintenance, repair
or replacement of common areas and facilities; all expenses agreed upon as common
expenses by the Association; and all expenses declared Common Expenses by provisions
of the Act or by this Declaration or the By-Laws.




(i)    Declarant shall mean and refer to Tomahawk Creek Condominiums, LLC, a
Colorado limited liability company, and its successors, successors-in-title, or assigns
which are designated as the Declarant hereunder in a recorded instrument executed by the
immediately preceding Declarant.




(j)    Declaration shall mean this Declaration Establishing Tomahawk Creek
Condominiums, which shall be filed in the Records Office for the purpose of submitting
the Property to the Act, as this Declaration is from time to time lawfully amended.




(k)     Eligible Mortgage Holder shall mean those holders of first Mortgages secured by
Units in the Property who have requested notice of certain items as set forth in this
Declaration.




(l)    Instruments shall mean this Declaration together with the By-Laws of the
Association and all exhibits to the Declaration or By-Laws attached thereto and recorded
therewith, and the Plats and Plans, all as may be supplemented or amended from time to
time.




(m)    Limited Common Areas and Facilities shall mean a portion of the Common Areas
and Facilities reserved for the exclusive use of one or more, but less than all, Units, as
more particularly set forth in this Declaration.




(n)     Mortgage shall refer to any mortgage, deed to secure debt, deed of trust, or other
transfer or conveyance for the purpose of securing the performance of an obligation,
including, but not limited to, a transfer or conveyance of fee title for such purpose.




(o)    Mortgagee or Mortgage Holder shall mean the holder of any Mortgage.
(p)    Officer shall mean those individuals who are elected by the Board to serve as
President, Vice President, Secretary, or Treasurer, or such other subordinate officers as
the Board may determine necessary or desirable.




(q)    Owner or Unit Owner shall mean the record title holder of a Unit but shall not
mean a Mortgagee.




(r)     Person shall mean any individual, corporation, firm, association, partnership,
trustee or other legal entity.




(s)     Plat of Survey and Plans (Survey) shall mean the Plat of Tomahawk Creek
Condominiums, prepared by Shaffer, Kline & Warren, Inc., dated the ___ day of
______________, 2002, consisting of 34 sheets and containing (1) the Plat, (2) the
Improvement Survey of Schlagel & Associates, P.A., dated November 15, 2001, showing
the location of all Buildings and all Common Areas and Facilities (other than any interior
Common Areas and Facilities) and (3) the Plans showing the dimensions of the Buildings
and the Units in Buildings 1 through 31, both inclusive, which Plat has been filed in the
Records Office on the ____ day of __________, 2002, in Book ___, at Pages ____
through ____, both inclusive.




(t)     Property shall mean that real property submitted to the provisions of the Act by
the Declaration, and legally described on Exhibit "A" attached hereto, together with all
buildings, structures and other improvements now or hereafter constructed thereon, and
all easements, rights and appurtenances belonging thereto and all articles of personal
property now or hereafter located thereon and intended for use in connection therewith.
The Property is divided into Units and Common Areas and Facilities.
(u)     Unit shall mean that portion of the Property intended for individual ownership and
use as described herein and shall include a percentage interest in the undivided ownership
of the Common Areas and Facilities.




3.     Number and Description of Types of Units




There are 356 units, consisting of six different types of units, namely:




(a)      81 units designated A1 and generally described as: one-bedroom, one-bath, on the
first level and containing 885 square feet of living space;




(b)    81 units designated A2 and generally described as one-bedroom, one-bath on the
second level and containing 915 square feet of living space;




(c)    54 units designated C2 and generally described as one-bedroom, study and one-
bath on the second level and containing 1,028 square feet of living space;




(d)    54 units designated B1 and generally described as two-bedrooms and two-baths
located on the first level and containing 1,185 square feet of living space;




(e)    54 units designated B2 and generally described as two-bedrooms and two-baths,
located on the second level and containing 1,242 square feet of living space; and,
(f)     32 units designated TH and generally described as three-bedrooms, two and one-
half baths, located on the first and second levels and containing 1,655 square feet of
living space.




4.     Boundaries of Units




(a)    The upper horizontal boundary of each Unit is the plane formed by the uppermost,
unexposed surface of the wallboard or other material comprising a part of the ceiling
enclosing the uppermost story of the Unit.




(b)    The lower horizontal boundary of each unit is the plane formed by the uppermost
surface of the concrete slab or subflooring comprising a part of the floor of which the
lowermost story of the Unit.




(c)     The vertical boundaries of each Unit are the planes formed by the interior face of
the studs of the Unit, except for the wall between adjacent Units where the boundary is
the center line of such wall, with all such planes being extended to their intersection with
each other.




(d)     To the extent that walls, floors, and ceilings are designated as the boundaries of a
Unit by the Declaration, all doors and windows therein and all lathe, wallboard,
plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other
materials constituting any part of the furnished surfaces thereof, shall be deemed a part of
such Unit, while all other portions of such walls, floors and ceilings shall be deemed
Limited Common Areas and Facilities appurtenant to that Unit exclusively. If any chutes,
flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies
partially within and partially outside of the designated boundaries of a Unit, any portions
thereof serving only that Unit shall be deemed a part of that Unit, while any portions
thereof serving more than one Unit or any portion of the Common Areas and Facilities
shall be deemed a part of the Common Areas and Facilities. All space, interior partitions,
and other fixtures and improvements within the boundaries of a Unit shall be deemed a
part of that Unit. Any shutters, awnings, window boxes, doorsteps, porches, balconies,
patios, and any other apparatus designed to serve a single Unit, but located outside the
boundaries thereof, shall be deemed a Limited Common Areas and Facilities appertaining
to that Unit exclusively.




(e)     Notwithstanding the description of the boundaries set forth above, the Units shall
be deemed to include the following: all portions of the plumbing, heating, electrical and
air conditioning systems (including furnaces, compressors, components, pipes, wires,
conduits, ducts and the like) serving only that Unit even if partially outside the
boundaries of the Unit. In interpreting deeds and survey, the existing physical boundaries
of a Unit as originally constructed or of a Unit reconstructed in substantial accordance
with the original plans thereof shall be conclusively presumed to be its boundaries rather
than the metes and bounds expressed in any deed or survey, regardless of settling or
lateral movement of the Building in which the Unit was located, and regardless of minor
variance between the boundaries shown on the survey or in a deed and those of the Unit.




(f)    Anything herein to the contrary notwithstanding, the entire sprinkler system,
regardless of where located, including, but not limited to, water lines, sprinkler heads and
smoke detectors, shall be deemed a Limited Common Areas and Facility.




5.     Limited Common Areas and Facilities -- Assignment and Reassignment.




(a)    The Limited Common Areas and Facilities, in addition to those described above,
are:




(i)    The building exterior, foundation (including concrete slab, if any), the roof, roof
decking and supports Units, load-bearing walls, party walls, lobby, hallways and
stairways serving more than one (1) Unit and all other Common Areas and Facilities
within a building which are designed for the use of occupants of more than one Unit, but
less than all Units, shall be assigned as Limited Common Areas and Facilities of all Units
in the building.




(ii)   Any mailbox designated for use by the occupants of a Unit is assigned as a
Limited Common Areas and Facilities of the Unit it serves;




(iii) All decks, patios, or balconies are assigned as a Limited Common Area and Facility
of the Unit having direct access to such deck, patio, or balcony; and,




(iv)    Any doorstep or stoop providing access to a Unit or to a deck, patio, or balcony is
assigned as a Limited Common Area and Facility of the Unit to which access is provided
or of the Unit served by the deck, patio, or balcony;




(b)     No rights or obligations with respect to any Limited Common Area and Facility
originally assigned by the language of this Declaration or assigned by action of the
Association shall be amended without the consent of all Unit Owners whose use of the
Limited Common Areas and Facilities is or may be directly affected by said amendment,
as evidenced by their execution of said amendment.




(c)    A Limited Common Areas and Facilities may be reassigned by the Association
upon written application by the Unit Owners whose use of the Limited Common Areas
and Facilities is or may be directly affected by the reassignment. The Association shall
immediately prepare and execute an amendment to this Declaration reassigning all rights
and obligations with respect to the Limited Common Area and Facility involved. Such
amendment shall be delivered immediately to the Unit Owners of the Units whose use of
the Limited Common Areas and Facilities are or may be directly affected by the
reassignment upon payment by them of all reasonable costs for the preparation,
execution, and recordation thereof. The amendment shall become effective when the
Association and all of the Unit Owners of the Units whose use of the Limited Common
Areas and Facilities is or may be directly affected by the reassignment have executed and
recorded the same.
6.     Easement for Use of Common Areas and Facilities.




The Common Areas and Facilities include all parts of the Property not located within the
boundaries of a Unit and include the Limited Common Areas and Facilities. Each Unit
Owner and occupant shall have a right and easement of use and enjoyment in and to the
Common Areas and Facilities (including the right of access, ingress and egress to and
from his Unit over those portions of the Property designated for such purpose), and such
easement shall be appurtenant to and shall pass with the title to such Unit, subject to the
rights of the Unit Owners to the exclusive use of the Limited Common Areas and
Facilities assigned to their respective Units and to the right of the Association to control
the use and enjoyment of the Common Areas and Facilities as provided by the terms of
this Declaration.




7.     Undivided Interest in Common Areas and Facilities.




Pursuant to Section 58-3106 of the Act, each Unit is allocated a par value percentage of
undivided interest in the Common Areas and Facilities as set forth in Exhibit B attached
hereto .




Ownership of the Common Areas and Facilities shall be by the Unit Owners as tenants-
in-common. The percentage of undivided interest of each Owner in the Common Areas
and Facilities is appurtenant to the Unit owned by the Owner and may not be separated
from the Unit to which it appertains and such appurtenance shall be deemed to be
conveyed or encumbered or to otherwise pass with the Unit whether or not expressly
mentioned or described in a conveyance or other instrument describing the Unit. The
Common Areas and Facilities shall remain undivided, and no Owner nor any other person
shall bring any action for partition or division of the whole or any part thereof except as
provided in the Act. Except as provided for Limited Common Areas and Facilities or as
otherwise provided herein, each Owner and the Association may use the Common Areas
and Facilities for the purposes for which they are intended, but no such use shall interfere
with or encroach upon the lawful rights of the other Owners.




No changes shall be made in the size or number of Units, their respective percentage of
common interest or in the amount or quality of the Common Areas and Facilities except
with the written consent of all Unit Owners who are directly affected by such change as
set forth in a duly recorded amendment to this Declaration, other than as provided by
Paragraph 13.




8.     Association Membership and Allocation of Votes.




All Unit Owners, by virtue of their ownership of a fee or undivided fee interest in any
Unit, excluding Persons holding such interest under a Mortgage, are members of the
Association and shall be entitled to vote on all matters upon which members of the
Association are entitled to vote pursuant to this Declaration and in accordance with the
Articles of Incorporation, as amended, and By-Laws of the Association, as amended.
Subject to the provisions of the Instruments, each Owner shall be entitled to one (1) vote
for each Unit owned, and each vote shall be weighted in accordance with the percentage
of undivided interest attributable to each Unit, as set forth on Exhibit "B" attached hereto.
If the Property is removed from the provisions of the Act (whether under Section 58-3116
of the Act or otherwise) and/or this Declaration is terminated, the Association shall
survive. In such case, the owners of the property interests that formerly constituted Units
shall continue to be the members of the Association (with the same voting interests and
rights that they had under this Declaration) and all of the terms and provisions in this
Declaration that pertain to Units and Owners and relate to the Association shall mean,
respectively, such property interests that formerly constituted Units and the owners of
such property interests; such provisions (including, without limitation, those pertaining to
percentage interests in what were formerly Common Areas and Facilities and Common
Expenses and management and administration of the Association) shall survive
termination of the Declaration and remain in effect until replaced by the vote of the
members of the Association or the Property is made subject to a new declaration.
9.     Allocation of Liability for Association Expenses.




Each Unit is hereby allocated liability for Common Expenses in accordance with the
Unit’s percentage interest in the Common Areas and Facilities, as set forth on Exhibit B
attached hereto.




(a)     Except as provided below, or elsewhere in the Act or Instruments, the amount of
all Common Expenses shall be assessed against all the Units in accordance with the
allocation of liability for Common Expenses.




(b)     The Board of Directors shall have the power to assess specially pursuant to this
Paragraph as, in its discretion, it shall deem appropriate. Failure of the Board of Directors
to exercise its authority under this Paragraph shall not be grounds for any action against
the Association or the Board of Directors and shall not constitute a waiver of the Board’s
right to exercise its authority under this Paragraph in the future with respect to any
expenses, including an expense for which the Board has not previously exercised its
authority under this Paragraph.




(i)     Except for Common Expenses incurred for maintenance and repair of items which
are the Association’s maintenance responsibility, any expense incurred by the
Association for the benefit of less than all of the Units may be specially assessed
equitably among all of the Units which are benefitted according to the benefit received
(including, but not limited to, carport maintenance for Units for which carports are
assigned to an individual Unit and Common Expenses for Limited Common Areas and
Facilities which may be allocated to the Units to which such Limited Common Areas and
Facilities are assigned.)




(ii)    Any Association expenses occasioned by the conduct of less than all of those
entitled to occupy all of the Units, or by the licensees or invitees of any such Unit or
Units, may be specifically assessed against the Unit or Units whose occupant, licensee, or
invitee occasioned any such Association expenses.
(iii) Except for Common Expenses incurred for maintenance and repair of items which
are the Association’s maintenance responsibility, any Association expenses which
significantly disproportionately benefit all Units may be assessed equitably among all
Units according to the benefit received.




For purposes of this Paragraph, non-use shall not constitute significantly disproportionate
benefit or benefit to less than all Units unless such non-use results in an identifiable,
calculable reduction in cost to the Association.




(c)      Except for maintenance of all exterior Limited Common Areas and Facilities,
extraordinary expenses, if any, associated with the maintenance, repair, or replacement
of, or provision of utilities to any Limited Common Area and Facility shall be assessed
against the Unit or Units to which the Limited Common Area and Facility was assigned
at the time the extraordinary expense was incurred; if the Limited Common Area and
Facility was or is assigned to more than one (1) Unit, the expense shall be allocated
among all those Units served by such Limited Common Area and Facility in the same
proportion as each Unit’s undivided percentage interest in the Common Areas and
Facilities bears to the total undivided percentage interest of all Units served by such
Limited Common Area and Facility. Maintenance of exterior Limited Common Areas
and Facilities shall be a Common Expense allocated in accordance with subparagraph (a)
of this Paragraph 6.




10.    Association Rights and Restrictions.




The Association, acting through its Board of Directors, shall have the right, in addition to
and not in limitation of all other rights it may have:
(a)     to enter into Units for emergency, security, or safety purposes, including
inspections of the sprinkler system, including sprinkler heads and smoke detectors, or
other safety, security or fire detection or prevention devices, which right may be
exercised by the Association’s Board of Directors, officers, agents, employees, managers,
and all policemen, firemen, fire marshalls, ambulance personnel, and similar personnel in
the performance of their respective duties. Except in an emergency situation, entry shall
only be during reasonable hours and after reasonable notice to the Owner or occupant of
the Unit;




(b)    to make and to enforce reasonable rules and regulations governing the use of the
Property, including the Units, Limited Common Areas and Facilities, and Common Areas
and Facilities;




(c)     to enforce use restrictions, other Declaration and By-Law provisions, and rules
and regulations by the imposition of reasonable monetary fines and suspension of use and
voting privileges. These powers, however, shall not be construed as limiting any other
legal means of enforcing the Instruments or rules and regulations of the Association. Any
fines so imposed shall be considered an assessment against the Unit and may be collected
in the manner provided for collection of other assessments; and




(d)     to grant permits, licenses, utility easements, and other easements, permits, or
licenses under, through, or over the Common Areas, as may be reasonably necessary to
or desirable for the ongoing development, maintenance, and operation of the Property or
adjacent property.




11.    Use Restrictions.




The Board of Directors may, from time to time, without consent of the members,
promulgate, modify, or cancel rules and regulations applicable to the Units and the
Common Areas and Facilities. This authority shall include, but shall not be limited to, the
right to limit the type and size and to set the maximum and minimum speeds of vehicles
on the Property. The Board shall also have the authority to impose all other necessary
traffic and parking regulations and to restrict the maximum noise levels of vehicles on the
Property. Such rules and regulations as are promulgated by the Board of Directors shall
be binding upon all Owners, occupants and guests until and unless overruled, canceled, or
modified in a regular or special meeting by the vote of Owners holding a majority of the
total Association vote and by the vote of the Declarant, so long as the Declarant has the
right to appoint the members of the Board of Directors pursuant to Paragraph 16(b)
hereof. Except as otherwise provided for Declarant, use of all Units is restricted as
follows:




(a)      Residential Use. Each Unit shall be used for residential purposes only, and no
trade or business of any kind may be conducted in or from a Unit or any part of the
Property, including business uses ancillary to a primary residential use, except that the
Owner or occupant residing in a Unit may conduct such business activities within the
Unit so long as (i) the existence or operation of the business activity is not apparent or
detectable by sight, sound, or smell from the exterior of the Unit; (ii) the business activity
does not involve persons coming onto the Property who do not reside on the Property;
(iii) the business activity conforms to all zoning requirements for the Property; and (iv)
the business activity is consistent with the residential character of the Property and does
not constitute a nuisance or a hazardous or offensive use, as may be determined in the
sole discretion of the Board of Directors. The terms “business” and “trade,” as used in
this provision, shall be construed to have their ordinary, generally accepted meanings,
and shall include, without limitation, any occupation, work, or activity undertaken on an
ongoing basis which involves the provision of goods or services to persons other than the
provider’s family and for which the provider receives a fee, compensation, or other form
of consideration, regardless of whether: (i) such activity is engaged in full or part-time;
(ii) such activity is intended to or does generate a profit; or (iii) a license is required
therefor. Leasing of Units shall not be considered a business activity violative of this
subparagraph.




(b)     Architectural Standards. The Board of Directors shall appoint and empower a
three (3) member Architectural Standards Committee (ASC) to assist the Board in
maintaining and enforcing the architectural standards of the Association.




The Board of Directors through the ASC subject to this subparagraph (b) may allow such
encroachments onto the Common Areas and/or Facilities as it deems acceptable until the
original construction of the Property is completed. After the original construction of the
Property is completed, no further encroachments onto the Common Areas and Facilities
will be allowed. No Owner, occupant, lessee or lessor, or any other person may make any
exterior change, alteration, or addition, nor construct, erect, place, or post any sign,
object, light, or thing on the exterior of the buildings or any Common Area and Facilities
without first obtaining the written approval of the ASC. Application shall be in writing
and shall provide such information as the ASC may reasonably require. The ASC may
publish written architectural and landscape standards for exterior alterations or additions,
and any request in substantial compliance with any such published standards shall be
approved. In the event that the ASC fails to approve or to disapprove such application
within ninety (90) days after it has been submitted, the application shall be deemed
approved and this subparagraph (b) shall be deemed complied with; provided that even if
the requirements of this subparagraph are satisfied, nothing herein shall authorize anyone
to construct or maintain any structure or improvement that is otherwise in violation of
this Declaration or the By-Laws. Prior to notifying applicants, all decisions of the ASC
must be submitted to the Board, which has final approval and authority of all ASC
decisions. As a condition of approval for a requested architectural change, modification,
addition, or alteration, and any ensuing change, modification, addition, or alteration of
the grounds or landscape effected to facilitate an architectural change, modification,
addition, or alteration, an Owner, on behalf of himself or herself and his or her
successors-in-interest, shall assume all responsibility for maintenance, repair, and
replacement and insurance to or on such change, modification, addition, or alteration. In
the discretion of the Board, an Owner may be made to verify such condition of approval
by written instrument acknowledged by such Owner on behalf of himself or herself and
his or her successors-in-interest.




(c)     Sales and Leases. In order to assure a community of congenial owners and thus
protect the value of the Units, the sale or leasing of a Unit by any Owner (other than as
herein provided for certain Mortgagees and Declarant) shall be subject to the following
provisions:




(i)     All leases shall be in writing and in a form approved by the Board of Directors.
Copies of all leases shall be submitted to the Board of Directors for approval of the form
thereof prior to their taking effect. If the Board of Directors fails to take action to approve
or disapprove the form of any lease within thirty (30) days of its submission, such lease
shall be deemed approved. Failure to submit a lease to the Board of Directors prior to the
lessee taking possession of the leased premises may result in an action for damages or
injunctive relief pursuant to Section 58-3107 of the Act. Upon submission of a lease for
approval, the Board of Directors shall notify the Owner of any deficiencies in such lease
within thirty (30) days and the Owner shall have ten (10) days thereafter within which to
submit a lease which complies with the Declaration, the By-Laws, and any rules and
regulations promulgated thereunder. If the Owner fails to submit an acceptable lease
within such period and the lessee has taken possession of the leased premises, the Board
of Directors may bring action against the Owner. This provision shall not be deemed to
create any right of first refusal in the Association or any other Person or give the
Association the right to set a maximum or minimum monthly or annual rent.




(ii)    Units may be leased only in their entirety; no fraction or portion may be leased.
There shall be no subleasing of Units or assigning of leases unless prior written approval
is obtained from the Board of Directors. All leases and lessees are subject to the
provisions of this Declaration and the By-Laws, and all leases shall expressly provide that
the lessee shall be bound by all of the covenants and conditions in the Declaration and the
By-Laws. All leases shall have an initial term of no less than one (1) year. The Unit
Owner must make available to the lessee copies of the Instruments, including this
Declaration, the By-Laws, and rules and regulations. Any lease of a Unit shall be deemed
to contain the following provisions, whether or not expressly therein stated, and each
Owner covenants and agrees that any lease of a Unit shall contain the following language
and agrees that if such language is not expressly contained therein, such language shall be
incorporated into a lease by existence of this covenant on the Unit. Any lessee, by
occupancy of a Unit, agrees to the applicability of this covenant and incorporation of this
covenant and the following language into the lease:




(1)     The lessee acknowledges that the provisions of subparagraphs (2), (3), and (4)
hereof are made for the benefit of the Association for the purpose of discharging the
lessor’s duties to the Association through the lessee’s performance. In order to enforce
the provisions of this Agreement made for the Association’s benefit, the Association may
bring an action against the lessee to recover sums due for damages or injunctive relief or
may impose any other sanction authorized by this Declaration, the By-Laws, and the
rules and regulations as they may be amended from time to time, or available at law or
equity, including, but not limited to, all remedies available to a landlord upon breach or
default of a lease agreement by the lessee. Failure by the Association to enforce any of its
rights shall in no event be deemed a waiver of the right to do so thereafter.




(2)     The lessee shall comply strictly with all provisions of this Declaration, the By-
Laws, and with the administrative rules and regulations adopted pursuant thereto, as any
of the foregoing may be lawfully amended from time to time. The lessee shall control the
conduct of his or her family and guests in order to assure compliance with the foregoing
and shall indemnify and hold the lessor and the Association harmless for any such
person’s failure to comply. In the event that the lessee, or a person living with the lessee,
violates this Declaration, the By-Laws, or the rules and regulations for which a fine is
imposed, such fine shall be assessed against the lessee; provided, however, if the fine is
not paid by the lessee within the time period set by the Board of Directors, the Owner
shall pay the fine upon notice from the Association of the lessee’s failure to pay the fine.
Unpaid fines shall constitute a lien against the Unit. The lessee acknowledges that the
violation by the lessee or any occupant or person living with the lessee of any provision
of this Declaration, the By-Laws, or the rules and regulations adopted thereunder shall
constitute a default under the lease.




(3)      Upon request by the Association, the lessee shall pay to the Association all unpaid
annual assessments and special assessments, as lawfully determined and made payable
during and prior to the term of this Declaration and any other period of occupancy by the
lessee; provided, however, the lessee need not make such payments to the Association in
excess of or prior to the due dates for monthly rental payments unpaid at the time of the
Association’s request. All payments made to the Association shall reduce by the same
amount the lessee’s obligation to make monthly rental payments to the lessor under the
lease. If the lessee fails to comply with the Association’s request to pay assessments, the
lessee shall pay to the Association all late or delinquent charges, fines, and interest, and
costs of collection, including, but not limited to, reasonable attorney’s fees actually
incurred, to the same extent the lessee would be required to make such payments to the
Association if the lessee were the Owner of the Premises during the term of this
Agreement and any other period of occupancy by the lessee. The above provision shall
not be construed to release the Unit Owner from any obligation, including the obligation
for assessments, for which he or she would otherwise be responsible.




(4)    The lessee’s rights shall be subject to all rights of the Association and any bona
fide Mortgage which is now or may hereafter be placed upon the Premises by the lessor.




(5)      The Owner transfers and assigns to the lessee, for the term of the lease, any and
all rights and privileges that the Owner has to use the Common Areas and Facilities,
including, but not limited to, the use of any and all recreational facilities and other
amenities.
(iii) In the event the Association proceeds to evict the lessee, any costs, including
attorney’s fees and court costs, associated with the eviction shall be specially assessed
against the Unit and the Owner thereof, such being deemed hereby as an expense which
benefits the leased Unit and the Owner thereof.




(iv)   Any lessee charged with a violation of this Declaration, the By-Laws, or the rules
and regulations is entitled to the same rights to which the Owner is entitled as provided in
the Association’s By-Laws.




(v)    Notwithstanding anything to the contrary herein contained, the provisions of this
Paragraph shall not apply to impair the right of any first Mortgagee to:




(1)    foreclose or take title to a Unit pursuant to remedies contained in the Mortgage;




(2)    take a deed or assignment in lieu of foreclosure; or




(3)    sell, lease, or otherwise dispose of a Unit acquired by the Mortgagee.




(d)    Subdivision of Units and Outbuildings. No Unit may be subdivided into a smaller
Unit and no Unit Owner shall at any time erect or use any structure(s) of a temporary
character, trailer, tent, shack, carport, garage, barn or other outbuilding on any portion of
the Property, either temporarily or permanently.




(e)     Animals and Pets. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any part of the Property, except that no more than a total of three (3)
common household pets, but not of the same species, may be kept by an Owner in his or
her Unit, provided that they are not kept, bred, or maintained for any commercial purpose
and do not endanger the health or unreasonably disturb the Owner or occupants of any
other Units, i.e., two dogs and one cat or one dog, one cat and a rabbit. All dogs and cats
must be registered and vaccinated as required by law. Notwithstanding the above, litters
of newborn pets may be kept in the Unit for no more than twelve (12) weeks after their
date of birth. No pet enclosures shall be erected, placed, or permitted to remain on any
portion of the Common Areas or Facilities, nor shall any pet be kept tied to any structure
outside a Unit, including patios, balconies or stoops. At all times when pets are located
outside a Unit, they must be kept on a leash of not more than six (6) feet in length or
otherwise be under the complete control of the Owner or an occupant of the Unit in
which the pet resides. Any violation of this provision shall subject the pet to removal
from the Property without notice to the Owner. The keeping of pets and their ingress,
egress, and travel upon the Common Areas or Facilities shall be subject to such rules and
regulations as may be issued by the Board of Directors. If an Owner or occupant fails to
abide by the rules and regulations and/or covenants applicable to pets, the Board of
Directors may bar such Owner’s or occupant’s pet from use or travel upon the Common
Areas and Facilities. The Board of Directors may subject ingress, egress, use, or travel
upon the Common Areas and Facilities to a user fee, which may be a general fee for all
similarly situated persons or a specific fee imposed for failure of an Owner or occupant to
abide by the rules, regulations, and/or covenants applicable to pets. In addition, any pet
which endangers the health of any Owner or occupant of a Unit or which creates a
nuisance or an unreasonable disturbance, as may be determined in the sole discretion of
the Board of Directors, must be permanently removed from the Property upon seven (7)
days’ written notice from the Board of Directors.




(f)     Signs; Sales/Leasing Center. No advertising signs of any kind, except one
professionally lettered "For Rent" or "For Sale" sign per Unit of not more than two feet
by two feet (2’ x 2’) placed only inside the enclosed Unit, shall be erected, placed, or
permitted to remain on the Property without the written consent of the Board or its
designee. No Unit Owner may use the sales/leasing center to facilitate the lease or the
resell of their unit. The Board shall have the right to erect reasonable and appropriate
signs.




(g)     Rubbish, Trash, and Garbage. All rubbish, trash, and garbage shall be regularly
removed from the Property and shall not be allowed to accumulate thereon. If trash
receptacles are provided to facilitate trash, rubbish, and garbage removal, all trash,
rubbish, and garbage shall be placed therein for removal from the Property. All outdoor
storage facilities and trash receptacles shall be screened from the view of other Units,
streets and parking areas.
(h)     Planting, Gardening, and Fences. No planting or gardening shall be done, and no
fences, hedges, or walls shall be erected or maintained upon the Property, except such as
have been installed during initial construction on the Property in accordance with Plans
or as approved by the Declarant or its designated representative. Except for the right of
ingress and egress, the Owners of the Units are hereby prohibited and restricted from
using any of the Property outside of their respective Units, except as may be allowed by
the Association’s Board of Directors. It is expressly acknowledged and agreed by all
parties concerned that this Paragraph is for the mutual benefit of all Unit Owners and is
necessary for the protection of all Owners.




(i)    Impairment of Units and Easements. An Owner shall do no act nor any work that
will impair the structural soundness or integrity of his/her or another Unit nor impair any
easement or hereditament, nor do any act nor allow any condition to exist which will
adversely affect the other Units or their Owners or occupants.




(j)     Antennas. No exterior television or radio antennas of any sort shall be placed,
allowed or maintained upon any portion of nor upon any structure situated upon said
Property; except that the Declarant or the Association may install and maintain an aerial
or other apparatus for a master antenna or cable system made available to all of the Units,
should any such master system or systems be utilized and require any such exterior
antenna or apparatus.




(k)     Nuisance. No Owner or occupant of a Unit may use or allow the use of the Unit or
any portion of the Property in any way or for any purpose which may endanger the health
or unreasonably annoy or disturb other Owners or occupants of any Unit, or in such a
way as to constitute, in the sole opinion of the Board of Directors, a nuisance. Nothing
herein, however, shall be construed to affect the rights of an aggrieved homeowner to
proceed individually for relief from interference with his personal or property rights.
(1)     Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically, without limiting the generality of the foregoing, the assembly and
disassembly of motor vehicles and other mechanical devices, which might tend to cause
disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any
part of the Property. Clothing, bedding, rugs, mops, appliances, indoor furniture, and
other household items shall not be placed or stored outside of the Unit. Appropriate
outdoor items, such as patio furniture, grills, and bicycles may be kept on Limited
Common Areas and Facilities at the rear of the Unit only. Clotheslines and playground
equipment (including basketball hoops and backboards) shall not be placed on the
Common Areas and Facilities, except as permitted on the sports court.




(m)     Parking. Vehicles, including motorcycles, shall be parked only in garages,
carports, or in designated parking spaces on the Common Areas and Facilities. The
following vehicles are strictly prohibited from being parked, stored, or allowed to remain
on the Property (except in areas, if any, specifically designated by the Board of Directors
for parking or storing an otherwise prohibited vehicle): disabled vehicles, stored vehicles,
vehicles over twenty (20) feet in length or having more than four (4) wheels, mobile
homes, motor homes, campers, boats, and similar recreational vehicles, trailers of any
kind, vehicles primarily used for commercial purposes, and vehicles with commercial
writings on their exteriors. Notwithstanding the above, commercial vehicles shall be
allowed on the Common Areas and Facilities between the hours of 8:00 a.m. and 8:00
p.m. for the purpose of serving a Unit or the Common Areas and Facilities; provided, no
such vehicle shall be permitted to remain on the Property overnight or for any purpose
other than serving a Unit or the Common Areas and Facilities.




For purposes of this Section, a vehicle shall be considered "disabled" if (a) it does not
have a current license tag or is obviously inoperable; and (b) is parked on the Property for
more than fourteen (14) consecutive days. A vehicle shall be considered "stored" if (a) it
is set on blocks or covered with a tarpaulin; and (b) remains on blocks or covered with a
tarpaulin for fourteen (14) consecutive days or longer without the prior written
permission of the Board of Directors.




If any vehicle is parked on the Common Areas in violation of this provision, the Board
may place a notice on the vehicle specifying the nature of the violation and stating that
after two (2) days the vehicle may be towed. The notice shall include the name and
telephone number of the person who will do the towing and the name and telephone
number of a person to contact regarding the alleged violation. If two (2) days after such
notice is placed on the vehicle the violation continues or again occurs, the vehicle may be
towed in accordance with the notice, without further notice to the Owner or user of the
vehicle. If a vehicle is parked in a fire lane, is blocking another vehicle or is parked in
someone's designated space, no notice shall be required and the vehicle may be towed
immediately. If a vehicle is towed in accordance with this subparagraph, neither the
Association nor any officer or agent of the Association shall be liable to any person for
any claim of damage as a result of the towing activity. Notwithstanding anything to the
contrary herein, the Board of Directors may elect to impose fines or use other available
sanctions, rather than exercise its authority to tow, as set forth herein.




(n)    Window Coverings. All curtains, drapery materials, window shades, or other
window treatments visible from the exterior of a Unit shall be white or off-white in color
and shall not be of a reflective material. All windows of a Unit shall have interior
window coverings or treatments which meet this requirement.




(o)      Heating of Units in Colder Months. In order to prevent breakage of water pipes
during colder months of the year resulting in damage to Units and Common Areas and
Facilities, increased Common Expenses, and increased insurance premiums or
cancellation of insurance policies due to numerous damage claims, the thermostats within
all Units shall be maintained with the heat in an "on" position and at a minimum of fifty
(50°) degrees Fahrenheit (except during power failures or periods when heating
equipment is broken) during the months of October, November, December, January,
February, March, and April whenever the temperature is forecasted to or does reach
thirty-two (32°) degrees Fahrenheit or below. Owners and occupants of Units shall take
all steps possible on a timely basis to keep heating equipment, including, but not limited
to, the thermostat, in good working order and repair. At any time during the months
specified above when the heating equipment is not working the Unit Owner shall
immediately inform the Board of Directors of this failure of the equipment and of the
time needed in order to repair the equipment. Notwithstanding any provision in this
Declaration or in the By-Laws to the contrary, including, but not limited to, Article VIII
of the By-Laws, any Owner or occupant may be fined up to Five Hundred ($500) Dollars
for violation of this requirement by the Board of Directors, in addition to any other
remedies of the Association, without a prior warning, demand, or hearing. Any fine
imposed pursuant to this Paragraph shall be deemed an assessment against the Unit and
may be collected in the same manner as provided for collection of assessments.
(p)   Flea Markets. No carport sale, garage sale, flea market, or similar activity shall be
conducted on any portion of the Common Areas and Facilities.




(q)     Firearms. The discharge of firearms, including "B-B" guns and other firearms of
all types and sizes, is prohibited on the Property. The carrying or display of uncased
firearms on the Property outside of any Unit is prohibited.




12.    Assessment Lien.




The Association shall have the power to levy assessments as provided in these
Instruments. Such assessments are the personal obligation of the Owner against whom
they are assessed and shall constitute a lien against the Unit with the priority set forth in
Section 58-3123 of the Act. The obligation and the lien for assessment shall also include:
a late or delinquency charge in the amount of the greater of Twenty-Five ($25) Dollars or
four (4%) percent of the amount not paid when due (but in no event greater than the
maximum amount or percentage allowed by law); interest on each assessment or
installment not paid when due from the date the charge was first due and payable until
paid at a rate equal to eighteen (18%) percent per annum (but in no event greater than the
maximum rate allowed by law); the costs of collection, including court costs, the
expenses of sale, any expense required for the protection and preservation of the Unit,
and reasonable attorney’s fees actually incurred; and, if the Board so elects, the fair rental
value of the Unit from the time of institution of suit until the sale at foreclosure or other
satisfaction of any judgment. All rights provided for and to the Association by this
Paragraph shall be exercised as provided in the By-Laws.




13.    Amendments.




Except in the case of an amendment to this Declaration by the Association to reassign
Limited Common Areas and Facilities, or by the Declarant to relinquish its right to
appoint and remove directors of the Association, all of which are provided for in other
paragraphs of this Declaration, this Declaration may be amended only as follows:
(a) All amendments to this Declaration, other than as specified above, may be made only
by the affirmative vote, written consent, or any combination thereof, of the members of
the Association holding at least sixty-seven (67%) percent of the total Association vote.




(b) In addition, the approval of all parties shall be obtained who are required to approve
an amendment pursuant to the terms of Paragraph 15 entitled "Mortgagee Provisions."




(c) So long as the Declarant has the right to appoint a majority of the members of the
Board of Directors of the Association pursuant to Paragraph 16(b), no amendment to this
Declaration or the By-Laws shall be effective until approved in writing by the Declarant.
So long as Declarant has the right to conduct sales or leasing activities within the
Property, no amendment limiting or restricting that right shall be effective until approved
in writing by Declarant.




(d) Notice of any meeting at which a proposed amendment will be considered shall state
the fact of consideration and the subject matter of the proposed amendment. Any member
may evidence consent to any amendment in writing without the necessity of a meeting or
to supplement votes received at a meeting.




(e)    No amendment shall be effective until it is certified by the Officers of the
Association and a copy is filed in the Records Office. Any amendment so certified (and
signed by the Declarant, if required) and recorded shall be conclusively presumed to have
been duly adopted.




14.    Severability.
Invalidation of any one of these covenants or restrictions by judgment or court order or
otherwise shall in no way affect the application of such provision to other circumstance
or any other provision(s) which shall remain in full force and effect.




15.    Mortgagee Provisions.




The following provisions are for the benefit of institutional holders, insurers, or
guarantors of first Mortgages on Units in the Property. To the extent applicable,
necessary, or proper, the provisions of this Article apply to both this Declaration and to
the By-Laws of the Association. Where indicated, these provisions apply only to "eligible
holders," as hereinafter defined; provided, however, voting percentages set forth herein
are subject to and controlled by higher percentage requirements, if any, set forth
elsewhere in this Declaration for specific actions.




(a) Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage,
who provides written request to the Association (such request to state the name and
address of such holder, insurer, or guarantor and the unit number), (therefore becoming
an "eligible holder"), will be entitled to timely written notice of:




(i) any proposed termination of the Association;




(ii) any condemnation loss or any casualty loss which affects a material portion of the
Property or which affects any Unit on which there is a first Mortgage held, insured, or
guaranteed by such eligible holder;
(iii) any delinquency in the payment of assessments or charges owed by an Owner of a
Unit subject to the first Mortgage of such eligible holder, insurer, or guarantor, where
such delinquency has continued for a period of sixty (60) days;




(iv)    any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association; or




(v)    any proposed action which would require the consent of eligible holders, as
required in subparagraphs (b) and (c) of this Paragraph.




(b) Other Provisions for First Lien Holders. To the extent possible under Kansas law:




(i)     Any election to terminate the Association after a substantial destruction or a
substantial taking in condemnation shall require the approval of the eligible holders of
first Mortgages on Units to which at least fifty-one (51%) percent of the votes of Units
subject to first Mortgages held by eligible holders are allocated.




(c) Amendments and Documents.




(i)     The consent of members of the Association representing at least sixty-seven
(67%) percent of the votes and of the Declarant so long as Declarant owns any real
property or Units subject to this Declaration and the approval of the eligible holders of
first Mortgages on Units to which at least sixty-seven (67%) percent of the votes of Units
subject to a first Mortgage appertain, shall be required to terminate the Association.
(ii)     The consent of members of the Association representing at least sixty-seven
(67%) percent of the votes and of the Declarant so long as Declarant owns any real
property or Units subject to this Declaration and the approval of eligible holders of first
Mortgages on Units to which at least fifty-one (51%) percent of the votes of Units subject
to a first Mortgage appertain, shall be required materially to amend any provisions of the
Declaration, By-Laws, or Articles of Incorporation of the Association, or to add any
material provisions thereto, which establish, provide for, govern, or regulate any of the
following:




(A)    voting;




(B)    assessments, assessment liens, or subordination of such liens;




(C)     reserves for maintenance, repair, and replacement of the Common Areas and
Facilities;




(D)    insurance or fidelity bonds;




(E)    rights to use of the Common Areas and Facilities;




(F)    responsibility for maintenance and repair of the Property;
(G)    expansion or contraction of the Property or the addition, annexation, or
withdrawal of Property to or from the Association;




(H)    boundaries of any Unit;




(I)    leasing of Units;




(J)   imposition of any right of first refusal or similar restriction on the right of any
Owner to sell, transfer, or otherwise convey his or her Unit;




(K)   establishment of self-management by the Association where professional
management has been required by an eligible holder; or




(L)    any provisions included in the Declaration, By-Laws, or Articles of Incorporation
which are for the express benefit of holders, guarantors, or insurers of first mortgages on
Units.




(iii) This Paragraph 15(c) does not apply to amendments to the constituent documents or
termination of the Association made as a result of destruction, damage, or condemnation
pursuant to subparagraph (b) (i) or (ii) of this Paragraph 15.




(d) Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage
Corporation, the following provisions apply in addition to and not in lieu of the foregoing
three subparagraphs of this Paragraph. Unless two-thirds (2/3) of the first Mortgagees or
members of the Association representing two-thirds (2/3) of the total votes in the
Association give their consent, the Association shall not:




(i)     by act or omission seek to abandon, partition, subdivide, encumber, sell, or
transfer the Common Areas and Facilities which the Association owns, directly or
indirectly (the granting of easements for public utilities or for other public purposes
consistent with the intended use of the Property shall not be deemed a transfer);




(ii)   change the method of determining the obligations, assessments, dues, or other
charges which may be levied against an Owner;




(iii) by act or omission change, waive, or abandon any scheme of regulations or
enforcement thereof pertaining to the architectural design or the exterior appearance and
maintenance of Units and of the Common Areas and Facilities;




(iv)   fail to maintain fire and extended coverage insurance, as required by this
Declaration; or




(v)     use hazard insurance proceeds for any Common Area and Facility losses for other
than the repair, replacement, or reconstruction of such properties.




The provisions of this Paragraph shall not be construed to reduce the percentage vote that
must be obtained from first Mortgagees or members of the Association where a larger
percentage vote is otherwise required for any of the actions contained in this Paragraph.
First Mortgagees may, jointly or singly, pay taxes or other charges which are in default
and which may or have become a charge against the Common Areas and Facilities and
may pay overdue premiums on casualty insurance policies, or secure new casualty
insurance coverage upon the lapse of a policy, for the Common Areas and Facilities, and
first Mortgagees making such payments shall be entitled to immediate reimbursement
from the Association.




No approval or consent from any holder of a second or other subordinate Mortgage shall
be required for any action or event described in this Paragraph 15 or otherwise..




16.    Declarant Rights and Obligations.




Notwithstanding anything to the contrary contained elsewhere in this Declaration, any
other Instrument, or the Articles of Incorporation, in accordance with the Act and this
Declaration, the Declarant shall have the following rights:




(a) The Declarant and its duly authorized agents, representatives, and employees shall
have, and there is hereby reserved unto the Declarant, its agents, representatives, and
employees, an easement over, under, and across the Common Areas and Facilities or for
the purpose of construction work on the Units or Common Areas and Facilities or
additional Limited Common Areas and Facilities, including the construction of carports
to be assigned to Units as a Limited Common Area Facility, provision of warranty
services to Owners, maintenance of sales or leasing offices in the Common Areas and
Facilities and/or model Units on the Property, and sales and marketing activities
(including, without limitation, the placing of signs for the leasing or the sale of Units in
the Common Areas and Facilities) in connection with the Property for a period of seven
(7) years from the date of recording of this Declaration, unless sooner relinquished in
writing signed by the Declarant. The easements granted or reserved hereby are as
necessary or appropriate exclusive. There is no amount due by Declarant to the
Association for the easements granted or reserved hereby. This subparagraph shall not be
amended, nor shall Declarant’s rights hereunder be further restricted, without the prior
written consent of Declarant in accordance with Paragraph 13(c) or Paragraph 15(c).




(b)      The Declarant shall have the right to appoint and remove all or a majority of the
members of the Board of Directors as provided in Article III of the By-Laws until the
first to occur of the following:




(i)    the expiration of five (5) years after the date upon which this Declaration is
recorded in the Records Office; or




(ii)   the date as of which seventy-five (75%) percent of the Units have been conveyed
by the Declarant to Unit Owners other than a person or persons constituting the
Declarant; or




(iii) the date on which the Declarant voluntarily relinquishes such right by executing and
recording, and mailing to the Association, a written declaration of intent which shall
become effective as specified in such declaration.




(c)    Declarant shall have the right to appoint and remove one (1) member of the Board
of Directors as provided in Article III of the By-Laws until the first annual meeting of the
members of the Association following the date on which ninety percent (90%) of the
Units have been conveyed by the Declarant to Unit Owners other than a person or
persons constituting the Declarant.




(d)      Declarant shall have the right to sell or lease Units and to erect and maintain signs
to facilitate such sales or leases as Declarant, in its sole discretion, deems appropriate and
shall not be required to comply with the provisions of this Declaration regarding signs
and sales and leases.
(e)    Declarant shall be obligated to pay all annual and special assessments with respect
to unsold Units which Declarant owns.




(f)     Declarant may assign the rights of Declarant under this Declaration to any person
pursuant to a written assignment or relinquish the rights of Declarant under this
Declaration so long as such written assignment or relinquishment is promptly recorded in
the Office of the Register of Deeds for Johnson County, Kansas and a copy of such
written assignment or relinquishment is promptly mailed to the Association.




(g) Any notice required to be given Declarant shall be effective on receipt and shall be
sent registered or certified mail, return receipt requested, or personally delivered,
addressed as follows:




___________________________

___________________________

___________________________




with a copy to:




___________________________

___________________________

___________________________
___________________________




17.    General Provisions.




(a) Security. The Association will strive to maintain Tomahawk Creek Condominiums as
a safe, secure residential environment. HOWEVER, THE ASSOCIATION,
TOMAHAWK CREEK CONDOMINIUMS LLC, A COLORADO LIMITED
LIABILITY COMPANY, AND DECLARANT (IF DIFFERENT FROM TOMAHAWK
CREEK CONDOMINIUMS LLC, A COLORADO LIMITED LIABILITY COMPANY)
SHALL NOT IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF
SECURITY WITHIN THE PROPERTY , AND THE ASSOCIATION, TOMAHAWK
CREEK CONDOMINIUMS LLC, A COLORADO LIMITED LIABILITY COMPANY,
AND DECLARANT (IF DIFFERENT FROM TOMAHAWK CREEK
CONDOMINIUMS LLC, A COLORADO LIMITED LIABILITY COMPANY) SHALL
NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE
TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY
MEASURES UNDERTAKEN. ALL OWNERS, TENANTS, GUESTS, AND
INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOWLEDGE THAT THE
ASSOCIATION, THE BOARD OF DIRECTORS, TOMAHAWK CREEK
CONDOMINIUMS LLC, A COLORADO LIMITED LIABILITY COMPANY,
DECLARANT (IF DIFFERENT FROM TOMAHAWK CREEK CONDOMINIUMS
LLC, A COLORADO LIMITED LIABILITY COMPANY), AND COMMITTEES
ESTABLISHED BY OR DIRECTORS OR OFFICERS OF ANY OF THE
FOREGOING ENTITIES, ARE NOT INSURERS OR GUARANTORS AND THAT
EACH OWNER, TENANT, GUEST, AND INVITEE ASSUMES ALL RISK OF LOSS
OR DAMAGE TO PERSONS, TO UNITS, AND TO THE CONTENTS OF UNITS
AND FURTHER ACKNOWLEDGES THAT TOMAHAWK CREEK
CONDOMINIUMS LLC, A COLORADO LIMITED LIABILITY COMPANY,
DECLARANT (IF DIFFERENT FROM TOMAHAWK CREEK CONDOMINIUMS
LLC, A COLORADO LIMITED LIABILITY COMPANY), THE ASSOCIATION, THE
BOARD OF DIRECTORS AND COMMITTEES, DIRECTORS OR OFFICERS OF
ANY OF THE FOREGOING ENTITIES HAVE MADE NO REPRESENTATIONS OR
WARRANTIES, NOR HAS ANY OWNER, TENANT, GUEST, OR INVITEE RELIED
UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE RELATIVE TO ANY SECURITY MEASURES
RECOMMENDED OR UNDERTAKEN OR NOT UNDERTAKEN.




(b)     Enforcement. A breach of any of the limitations, restrictions, conditions, and
covenants set forth in this Declaration, or the continuing violation thereof, may be
enjoined, abated, or remedied by appropriate legal proceedings by the Association. The
Association shall be entitled to enforce the provisions of this Declaration to the same
extent as the Board or any Owner. The failure of the Association to enforce any of the
limitations, restrictions, conditions or covenants contained herein shall not constitute a
waiver of the right to enforce the same thereafter. No liability shall be imposed on or
incurred by the Association as a result of such failure. The prevailing party in any action
at law or in equity instituted to enforce or interpret said limitations, restrictions,
conditions, or covenants shall be entitled to all costs incurred in connection therewith,
including, without limitation, reasonable attorney’s fees.




(c) Service of Process. The Association or any officer, director or employee of the
Association may be served with process at the Association’s office on the Property or, in
the case of an officer or director, at his or her Unit, for purposes of satisfying the Act’s
requirements regarding service of process.




(d)    Rules and Regulations. The Association, through its Board of Directors, may
make and enforce reasonable rules and regulations governing the use of the Property,
which rules and regulations shall be consistent with the rights and duties established by
this Declaration.




(e)    Termination. The Condominium created by this Declaration shall not be
terminated without the prior written consent of the Board of Directors of the Association.
(f)     Successor Declarant. Upon compliance with Paragraph 16(f), the then Declarant
shall be released from any liability for any act, omission, or matter occurring on or after
the effective date of such assignment or relinquishment. No successor Declarant by
operation of law or through purchase of Declarant’s interest in the Property, or any part
thereof, at foreclosure or otherwise shall be liable for any act, omission, or matter
occurring prior to the time such successor succeeded to the interest of Declarant.




IN WITNESS WHEREOF, Tomahawk Creek Condominiums LLC, a Colorado limited
liability company, as the Declarant, and the Association hereby execute this Declaration
by and through their authorized representatives on the day and year first above written.




TOMAHAWK CREEK CONDOMINIUMS LLC,

a Colorado limited liability company



By:      Pauls Equities, LLC,

a Colorado limited liability company




By:___________________________________

Name:

Title:




TOMAHAWK CREEK CONDOMINIUMS

ASSOCIATION, INC., a Kansas nonprofit corporation
By:

Name:

Title:




249569.1




Exhibit A




The replat of Lot 1, LAKES OF LEAWOOD, a subdivision of land now in the City of
Leawood, Johnson County, Kansas, more particularly described as follows: Beginning at
the Northwest corner of said Lot 1; thence N 87 48' 28" E, along the North line of said
Lot 1, a distance 1047.35 feet, to a point of curvature; thence Easterly and Southeasterly,
along the Northerly line of said Lot 1, said line being on a curve to the right having a
radius of 310 feet, a central angle of 42 56' 32", a distance of 232.34 feet, to a point of
tangency; thence S 49 15' E, along the Northerly line of said Lot 1, a distance of 7.04
feet, to the Northeast corner thereof; thence Southwesterly, along the Easterly line of said
Lot 1, said line being on a curve to the left having a radius of 850 feet, a central angle of
23 39' 11" and whose initial tangent bearing is 38 03' 11" W, a distance of 350.89 feet, to
a point of tangency; thence S 14 24' W, along the Easterly line of said Lot 1, a distance of
919.19 feet, to the Southeast corner thereof; thence Westerly, along the Southerly line of
said Lot 1, said line being on a curve to the left having a radius of 540 feet, a central
angle of 16 31' 48" and whose initial tangent bearing is N75 36' 03" W, a distance of
155.79 feet, to a point of tangency; thence S 87 52' 09" W, along the south line of said
Lot 1, a distance of 698.46 feet, to the Southwest corner thereof; thence N 1 25' 45" W,
along the West line of said Lot 1, a distance of 1252.08 feet, to the point of beginning,
containing 29.9997 acres, more or less, of replatted land.
Tomahawk Creek Condominiums




Exhibit B
Unit




Unit



Living



Voting
No.



Building Address



Type



Sq. Ft.



Allocation
Bldg. No. 1



1A



11601 Tomahawk Creek Parkway



B1



1,185



0.3080%




1B



11601 Tomahawk Creek Parkway



B2
1,242



0.3228%




1C



11601 Tomahawk Creek Parkway



C2



1,028



0.2672%




1D



11601 Tomahawk Creek Parkway
A1



885



0.2300%




1E



11601 Tomahawk Creek Parkway



A2



915



0.2378%




1F
11601 Tomahawk Creek Parkway



A1



885



0.2300%




1G



11601 Tomahawk Creek Parkway



A2



915



0.2378%
1H



11601 Tomahawk Creek Parkway



A1



885



0.2300%




1I



11601 Tomahawk Creek Parkway



A2



915



0.2378%
1J



11601 Tomahawk Creek Parkway



B1



1,185



0.3080%




1K



11601 Tomahawk Creek Parkway



B2



1,242
0.3228%




1L



11601 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 2



2A



11602 Tomahawk Creek Parkway



B1



1,185



0.3080%




2B
11602 Tomahawk Creek Parkway



B2



1,242



0.3228%




2C



11602 Tomahawk Creek Parkway



C2



1,028



0.2672%
2D



11602 Tomahawk Creek Parkway



A1



885



0.2300%




2E



11602 Tomahawk Creek Parkway



A2



915



0.2378%
2F



11602 Tomahawk Creek Parkway



A1



885



0.2300%




2G



11602 Tomahawk Creek Parkway



A2



915
0.2378%




2H



11602 Tomahawk Creek Parkway



A1



885



0.2300%




2I



11602 Tomahawk Creek Parkway



A2
915



0.2378%




2J



11602 Tomahawk Creek Parkway



B1



1,185



0.3080%




2K



11602 Tomahawk Creek Parkway
B2



1,242



0.3228%




2L



11602 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 3



3A



11603 Tomahawk Creek Parkway



TH



1,655



0.4302%
3B



11603 Tomahawk Creek Parkway



TH



1,630



0.4237%




3C



11603 Tomahawk Creek Parkway



TH



1,630



0.4237%
3D



11603 Tomahawk Creek Parkway



TH



1,630



0.4237%




3E



11603 Tomahawk Creek Parkway



TH



1,630
0.4237%




3F



11603 Tomahawk Creek Parkway



TH



1,630



0.4237%




3G



11603 Tomahawk Creek Parkway



TH
1,630



0.4237%




3H



11603 Tomahawk Creek Parkway



TH



1,655



0.4302%
Bldg. No. 4



4A



11604 Tomahawk Creek Parkway



B1



1,185



0.3080%
4B



11604 Tomahawk Creek Parkway



B2



1,242



0.3228%




4C



11604 Tomahawk Creek Parkway



C2



1,028



0.2672%
4D



11604 Tomahawk Creek Parkway



A1



885



0.2300%




4E



11604 Tomahawk Creek Parkway



A2



915
0.2378%




4F



11604 Tomahawk Creek Parkway



A1



885



0.2300%




4G



11604 Tomahawk Creek Parkway



A2
915



0.2378%




4H



11604 Tomahawk Creek Parkway



A1



885



0.2300%




4I



11604 Tomahawk Creek Parkway
A2



915



0.2378%




4J



11604 Tomahawk Creek Parkway



B1



1,185



0.3080%




4K
11604 Tomahawk Creek Parkway



B2



1,242



0.3228%




4L



11604 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 5



5A



11605 Tomahawk Creek Parkway



B1



1,185
0.3080%




5B



11605 Tomahawk Creek Parkway



B2



1,242



0.3228%




5C



11605 Tomahawk Creek Parkway



C2
1,028



0.2672%




5D



11605 Tomahawk Creek Parkway



A1



885



0.2300%




5E



11605 Tomahawk Creek Parkway
A2



915



0.2378%




5F



11605 Tomahawk Creek Parkway



A1



885



0.2300%




5G
11605 Tomahawk Creek Parkway



A2



915



0.2378%




5H



11605 Tomahawk Creek Parkway



A1



885



0.2300%
5I



11605 Tomahawk Creek Parkway



A2



915



0.2378%




5J



11605 Tomahawk Creek Parkway



B1



1,185



0.3080%
5K



11605 Tomahawk Creek Parkway



B2



1,242



0.3228%




5L



11605 Tomahawk Creek Parkway



C2



1,028
0.2672%




Bldg. No. 6



6A



11606 Tomahawk Creek Parkway
B1



1,185



0.3080%




6B



11606 Tomahawk Creek Parkway



B2



1,242



0.3228%




6C
11606 Tomahawk Creek Parkway



C2



1,028



0.2672%




6D



11606 Tomahawk Creek Parkway



A1



885



0.2300%
6E



11606 Tomahawk Creek Parkway



A2



915



0.2378%




6F



11606 Tomahawk Creek Parkway



A1



885



0.2300%
6G



11606 Tomahawk Creek Parkway



A2



915



0.2378%




6H



11606 Tomahawk Creek Parkway



A1



885



0.2300%
6I



11606 Tomahawk Creek Parkway



A2



915



0.2378%




6J



11606 Tomahawk Creek Parkway



B1



1,185
0.3080%




6K



11606 Tomahawk Creek Parkway



B2



1,242



0.3228%




6L



11606 Tomahawk Creek Parkway



C2
1,028



0.2672%




Bldg. No. 7



7A
11607 Tomahawk Creek Parkway



B1



1,185



0.3080%




7B



11607 Tomahawk Creek Parkway



B2



1,242



0.3228%
7C



11607 Tomahawk Creek Parkway



C2



1,028



0.2672%




7D



11607 Tomahawk Creek Parkway



A1



885



0.2300%
7E



11607 Tomahawk Creek Parkway



A2



915



0.2378%




7F



11607 Tomahawk Creek Parkway



A1



885
0.2300%




7G



11607 Tomahawk Creek Parkway



A2



915



0.2378%




7H



11607 Tomahawk Creek Parkway



A1
885



0.2300%




7I



11607 Tomahawk Creek Parkway



A2



915



0.2378%




7J



11607 Tomahawk Creek Parkway
B1



1,185



0.3080%




7K



11607 Tomahawk Creek Parkway



B2



1,242



0.3228%




7L
11607 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 8



8A



11608 Tomahawk Creek Parkway



B1



1,185



0.3080%




8B



11608 Tomahawk Creek Parkway



B2



1,242
0.3228%




8C



11608 Tomahawk Creek Parkway



C2



1,028



0.2672%




8D



11608 Tomahawk Creek Parkway



A1
885



0.2300%




8E



11608 Tomahawk Creek Parkway



A2



915



0.2378%




8F



11608 Tomahawk Creek Parkway
A1



885



0.2300%




8G



11608 Tomahawk Creek Parkway



A2



915



0.2378%




8H
11608 Tomahawk Creek Parkway



A1



885



0.2300%




8I



11608 Tomahawk Creek Parkway



A2



915



0.2378%
8J



11608 Tomahawk Creek Parkway



B1



1,185



0.3080%




8K



11608 Tomahawk Creek Parkway



B2



1,242



0.3228%
8L



11608 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 9



9A



11609 Tomahawk Creek Parkway



B1



1,185



0.3080%




9B



11609 Tomahawk Creek Parkway
B2



1,242



0.3228%




9C



11609 Tomahawk Creek Parkway



C2



1,028



0.2672%




9D
11609 Tomahawk Creek Parkway



A1



885



0.2300%




9E



11609 Tomahawk Creek Parkway



A2



915



0.2378%
9F



11609 Tomahawk Creek Parkway



A1



885



0.2300%




9G



11609 Tomahawk Creek Parkway



A2



915



0.2378%
9H



11609 Tomahawk Creek Parkway



A1



885



0.2300%




9I



11609 Tomahawk Creek Parkway



A2



915



0.2378%
9J



11609 Tomahawk Creek Parkway



B1



1,185



0.3080%




9K



11609 Tomahawk Creek Parkway



B2



1,242
0.3228%




9L



11609 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 10



10A



11610 Tomahawk Creek Parkway



B1



1,185



0.3080%




10B
11610 Tomahawk Creek Parkway



B2



1,242



0.3228%




10C



11610 Tomahawk Creek Parkway



C2



1,028



0.2672%
10D



11610 Tomahawk Creek Parkway



A1



885



0.2300%




10E



11610 Tomahawk Creek Parkway



A2



915



0.2378%
10F



11610 Tomahawk Creek Parkway



A1



885



0.2300%




10G



11610 Tomahawk Creek Parkway



A2



915
0.2378%




10H



11610 Tomahawk Creek Parkway



A1



885



0.2300%




10I



11610 Tomahawk Creek Parkway



A2
915



0.2378%




10J



11610 Tomahawk Creek Parkway



B1



1,185



0.3080%




10K



11610 Tomahawk Creek Parkway
B2



1,242



0.3228%




10L



11610 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 11



11A



11611 Tomahawk Creek Parkway



B1



1,185



0.3080%
11B



11611 Tomahawk Creek Parkway



B2



1,242



0.3228%




11C



11611 Tomahawk Creek Parkway



C2



1,028
0.2672%




11D



11611 Tomahawk Creek Parkway



A1



885



0.2300%




11E



11611 Tomahawk Creek Parkway



A2
915



0.2378%




11F



11611 Tomahawk Creek Parkway



A1



885



0.2300%




11G



11611 Tomahawk Creek Parkway
A2



915



0.2378%




11H



11611 Tomahawk Creek Parkway



A1



885



0.2300%




11I
11611 Tomahawk Creek Parkway



A2



915



0.2378%




11J



11611 Tomahawk Creek Parkway



B1



1,185



0.3080%
11K



11611 Tomahawk Creek Parkway



B2



1,242



0.3228%




11L



11611 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 12



12A



11612 Tomahawk Creek Parkway



B1
1,185



0.3080%




12B



11612 Tomahawk Creek Parkway



B2



1,242



0.3228%




12C



11612 Tomahawk Creek Parkway
C2



1,028



0.2672%




12D



11612 Tomahawk Creek Parkway



A1



885



0.2300%




12E
11612 Tomahawk Creek Parkway



A2



915



0.2378%




12F



11612 Tomahawk Creek Parkway



A1



885



0.2300%
12G



11612 Tomahawk Creek Parkway



A2



915



0.2378%




12H



11612 Tomahawk Creek Parkway



A1



885



0.2300%
12I



11612 Tomahawk Creek Parkway



A2



915



0.2378%




12J



11612 Tomahawk Creek Parkway



B1



1,185



0.3080%
12K



11612 Tomahawk Creek Parkway



B2



1,242



0.3228%




12L



11612 Tomahawk Creek Parkway



C2



1,028
0.2672%




Bldg. No. 13



13A



11613 Tomahawk Creek Parkway
TH



1,655



0.4302%




13B



11613 Tomahawk Creek Parkway



TH



1,630



0.4237%




13C
11613 Tomahawk Creek Parkway



TH



1,630



0.4237%




13D



11613 Tomahawk Creek Parkway



TH



1,630



0.4237%
13E



11613 Tomahawk Creek Parkway



TH



1,630



0.4237%




13F



11613 Tomahawk Creek Parkway



TH



1,630



0.4237%
13G



11613 Tomahawk Creek Parkway



TH



1,630



0.4237%




13H



11613 Tomahawk Creek Parkway



TH



1,655
0.4302%




Bldg. No. 14



14A



11614 Tomahawk Creek Parkway
B1



1,185



0.3080%




14B



11614 Tomahawk Creek Parkway



B2



1,242



0.3228%




14C
11614 Tomahawk Creek Parkway



C2



1,028



0.2672%




14D



11614 Tomahawk Creek Parkway



A1



885



0.2300%
14E



11614 Tomahawk Creek Parkway



A2



915



0.2378%




14F



11614 Tomahawk Creek Parkway



A1



885



0.2300%
14G



11614 Tomahawk Creek Parkway



A2



915



0.2378%




14H



11614 Tomahawk Creek Parkway



A1



885
0.2300%




14I



11614 Tomahawk Creek Parkway



A2



915



0.2378%




14J



11614 Tomahawk Creek Parkway



B1
1,185



0.3080%




14K



11614 Tomahawk Creek Parkway



B2



1,242



0.3228%




14L



11614 Tomahawk Creek Parkway
C2



1,028



0.2672%




Bldg. No. 15
15A



11615 Tomahawk Creek Parkway



B1



1,185



0.3080%




15B



11615 Tomahawk Creek Parkway



B2



1,242



0.3228%
15C



11615 Tomahawk Creek Parkway



C2



1,028



0.2672%




15D



11615 Tomahawk Creek Parkway



A1



885
0.2300%




15E



11615 Tomahawk Creek Parkway



A2



915



0.2378%




15F



11615 Tomahawk Creek Parkway



A1
885



0.2300%




15G



11615 Tomahawk Creek Parkway



A2



915



0.2378%




15H



11615 Tomahawk Creek Parkway
A1



885



0.2300%




15I



11615 Tomahawk Creek Parkway



A2



915



0.2378%




15J
11615 Tomahawk Creek Parkway



B1



1,185



0.3080%




15K



11615 Tomahawk Creek Parkway



B2



1,242



0.3228%
15L



11615 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 16



16A



11616 Tomahawk Creek Parkway



B1



1,185



0.3080%




16B



11616 Tomahawk Creek Parkway



B2



1,242
0.3228%




16C



11616 Tomahawk Creek Parkway



C2



1,028



0.2672%




16D



11616 Tomahawk Creek Parkway



A1
885



0.2300%




16E



11616 Tomahawk Creek Parkway



A2



915



0.2378%




16F



11616 Tomahawk Creek Parkway
A1



885



0.2300%




16G



11616 Tomahawk Creek Parkway



A2



915



0.2378%




16H
11616 Tomahawk Creek Parkway



A1



885



0.2300%




16I



11616 Tomahawk Creek Parkway



A2



915



0.2378%
16J



11616 Tomahawk Creek Parkway



B1



1,185



0.3080%




16K



11616 Tomahawk Creek Parkway



B2



1,242



0.3228%
16L



11616 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 17



17A



11617 Tomahawk Creek Parkway



B1



1,185



0.3080%




17B



11617 Tomahawk Creek Parkway
B2



1,242



0.3228%




17C



11617 Tomahawk Creek Parkway



C2



1,028



0.2672%




17D
11617 Tomahawk Creek Parkway



A1



885



0.2300%




17E



11617 Tomahawk Creek Parkway



A2



915



0.2378%
17F



11617 Tomahawk Creek Parkway



A1



885



0.2300%




17G



11617 Tomahawk Creek Parkway



A2



915



0.2378%
17H



11617 Tomahawk Creek Parkway



A1



885



0.2300%




17I



11617 Tomahawk Creek Parkway



A2



915
0.2378%




17J



11617 Tomahawk Creek Parkway



B1



1,185



0.3080%




17K



11617 Tomahawk Creek Parkway



B2
1,242



0.3228%




17L



11617 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 18



18A



11618 Tomahawk Creek Parkway



B1



1,185



0.3080%
18B



11618 Tomahawk Creek Parkway



B2



1,242



0.3228%




18C



11618 Tomahawk Creek Parkway



C2



1,028



0.2672%
18D



11618 Tomahawk Creek Parkway



A1



885



0.2300%




18E



11618 Tomahawk Creek Parkway



A2



915
0.2378%




18F



11618 Tomahawk Creek Parkway



A1



885



0.2300%




18G



11618 Tomahawk Creek Parkway



A2
915



0.2378%




18H



11618 Tomahawk Creek Parkway



A1



885



0.2300%




18I



11618 Tomahawk Creek Parkway
A2



915



0.2378%




18J



11618 Tomahawk Creek Parkway



B1



1,185



0.3080%




18K
11618 Tomahawk Creek Parkway



B2



1,242



0.3228%




18L



11618 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 19



19A



11619 Tomahawk Creek Parkway



B1



1,185



0.3080%
19B



11619 Tomahawk Creek Parkway



B2



1,242



0.3228%




19C



11619 Tomahawk Creek Parkway



C2



1,028
0.2672%




19D



11619 Tomahawk Creek Parkway



A1



885



0.2300%




19E



11619 Tomahawk Creek Parkway



A2
915



0.2378%




19F



11619 Tomahawk Creek Parkway



A1



885



0.2300%




19G



11619 Tomahawk Creek Parkway
A2



915



0.2378%




19H



11619 Tomahawk Creek Parkway



A1



885



0.2300%




19I
11619 Tomahawk Creek Parkway



A2



915



0.2378%




19J



11619 Tomahawk Creek Parkway



B1



1,185



0.3080%
19K



11619 Tomahawk Creek Parkway



B2



1,242



0.3228%




19L



11619 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 20



20A



11620 Tomahawk Creek Parkway



B1
1,185



0.3080%




20B



11620 Tomahawk Creek Parkway



B2



1,242



0.3228%




20C



11620 Tomahawk Creek Parkway
C2



1,028



0.2672%




20D



11620 Tomahawk Creek Parkway



A1



885



0.2300%




20E
11620 Tomahawk Creek Parkway



A2



915



0.2378%




20F



11620 Tomahawk Creek Parkway



A1



885



0.2300%
20G



11620 Tomahawk Creek Parkway



A2



915



0.2378%




20H



11620 Tomahawk Creek Parkway



A1



885



0.2300%
20I



11620 Tomahawk Creek Parkway



A2



915



0.2378%




20J



11620 Tomahawk Creek Parkway



B1



1,185
0.3080%




20K



11620 Tomahawk Creek Parkway



B2



1,242



0.3228%




20L



11620 Tomahawk Creek Parkway



C2
1,028



0.2672%




Bldg. No. 21



21A
11621 Tomahawk Creek Parkway



B1



1,185



0.3080%




21B



11621 Tomahawk Creek Parkway



B2



1,242



0.3228%
21C



11621 Tomahawk Creek Parkway



C2



1,028



0.2672%




21D



11621 Tomahawk Creek Parkway



A1



885



0.2300%
21E



11621 Tomahawk Creek Parkway



A2



915



0.2378%




21F



11621 Tomahawk Creek Parkway



A1



885
0.2300%




21G



11621 Tomahawk Creek Parkway



A2



915



0.2378%




21H



11621 Tomahawk Creek Parkway



A1
885



0.2300%




21I



11621 Tomahawk Creek Parkway



A2



915



0.2378%




21J



11621 Tomahawk Creek Parkway
B1



1,185



0.3080%




21K



11621 Tomahawk Creek Parkway



B2



1,242



0.3228%




21L
11621 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 22



22A



11622 Tomahawk Creek Parkway



B1



1,185



0.3080%




22B



11622 Tomahawk Creek Parkway



B2



1,242



0.3228%
22C



11622 Tomahawk Creek Parkway



C2



1,028



0.2672%




22D



11622 Tomahawk Creek Parkway



A1



885
0.2300%




22E



11622 Tomahawk Creek Parkway



A2



915



0.2378%




22F



11622 Tomahawk Creek Parkway



A1
885



0.2300%




22G



11622 Tomahawk Creek Parkway



A2



915



0.2378%




22H



11622 Tomahawk Creek Parkway
A1



885



0.2300%




22I



11622 Tomahawk Creek Parkway



A2



915



0.2378%




22J
11622 Tomahawk Creek Parkway



B1



1,185



0.3080%




22K



11622 Tomahawk Creek Parkway



B2



1,242



0.3228%
22L



11622 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 23



23A



11623 Tomahawk Creek Parkway



TH



1,655



0.4302%




23B



11623 Tomahawk Creek Parkway



TH
1,630



0.4237%




23C



11623 Tomahawk Creek Parkway



TH



1,630



0.4237%




23D



11623 Tomahawk Creek Parkway
TH



1,630



0.4237%




23E



11623 Tomahawk Creek Parkway



TH



1,630



0.4237%




23F
11623 Tomahawk Creek Parkway



TH



1,630



0.4237%




23G



11623 Tomahawk Creek Parkway



TH



1,630



0.4237%
23H



11623 Tomahawk Creek Parkway



TH



1,655



0.4302%
Bldg. No. 24



24A



11624 Tomahawk Creek Parkway



TH



1,655



0.4302%




24B



11624 Tomahawk Creek Parkway



TH
1,630



0.4237%




24C



11624 Tomahawk Creek Parkway



TH



1,630



0.4237%




24D



11624 Tomahawk Creek Parkway
TH



1,630



0.4237%




24E



11624 Tomahawk Creek Parkway



TH



1,630



0.4237%




24F
11624 Tomahawk Creek Parkway



TH



1,630



0.4237%




24G



11624 Tomahawk Creek Parkway



TH



1,630



0.4237%
24H



11624 Tomahawk Creek Parkway



TH



1,655



0.4302%
Bldg. No. 25



25A



11625 Tomahawk Creek Parkway



B1



1,185



0.3080%




25B



11625 Tomahawk Creek Parkway



B2
1,242



0.3228%




25C



11625 Tomahawk Creek Parkway



C2



1,028



0.2672%




25D



11625 Tomahawk Creek Parkway
A1



885



0.2300%




25E



11625 Tomahawk Creek Parkway



A2



915



0.2378%




25F
11625 Tomahawk Creek Parkway



A1



885



0.2300%




25G



11625 Tomahawk Creek Parkway



A2



915



0.2378%
25H



11625 Tomahawk Creek Parkway



A1



885



0.2300%




25I



11625 Tomahawk Creek Parkway



A2



915



0.2378%
25J



11625 Tomahawk Creek Parkway



B1



1,185



0.3080%




25K



11625 Tomahawk Creek Parkway



B2



1,242



0.3228%
25L



11625 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 26



26A



11626 Tomahawk Creek Parkway



B1



1,185



0.3080%




26B



11626 Tomahawk Creek Parkway
B2



1,242



0.3228%




26C



11626 Tomahawk Creek Parkway



C2



1,028



0.2672%




26D
11626 Tomahawk Creek Parkway



A1



885



0.2300%




26E



11626 Tomahawk Creek Parkway



A2



915



0.2378%
26F



11626 Tomahawk Creek Parkway



A1



885



0.2300%




26G



11626 Tomahawk Creek Parkway



A2



915



0.2378%
26H



11626 Tomahawk Creek Parkway



A1



885



0.2300%




26I



11626 Tomahawk Creek Parkway



A2



915
0.2378%




26J



11626 Tomahawk Creek Parkway



B1



1,185



0.3080%




26K



11626 Tomahawk Creek Parkway



B2
1,242



0.3228%




26L



11626 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 27



27A



11627 Tomahawk Creek Parkway



B1



1,185



0.3080%
27B



11627 Tomahawk Creek Parkway



B2



1,242



0.3228%




27C



11627 Tomahawk Creek Parkway



C2



1,028



0.2672%
27D



11627 Tomahawk Creek Parkway



A1



885



0.2300%




27E



11627 Tomahawk Creek Parkway



A2



915
0.2378%




27F



11627 Tomahawk Creek Parkway



A1



885



0.2300%




27G



11627 Tomahawk Creek Parkway



A2
915



0.2378%




27H



11627 Tomahawk Creek Parkway



A1



885



0.2300%




27I



11627 Tomahawk Creek Parkway
A2



915



0.2378%




27J



11627 Tomahawk Creek Parkway



B1



1,185



0.3080%




27K
11627 Tomahawk Creek Parkway



B2



1,242



0.3228%




27L



11627 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 28



28A



11628 Tomahawk Creek Parkway



B1



1,185
0.3080%




28B



11628 Tomahawk Creek Parkway



B2



1,242



0.3228%




28C



11628 Tomahawk Creek Parkway



C2
1,028



0.2672%




28D



11628 Tomahawk Creek Parkway



A1



885



0.2300%




28E



11628 Tomahawk Creek Parkway
A2



915



0.2378%




28F



11628 Tomahawk Creek Parkway



A1



885



0.2300%




28G
11628 Tomahawk Creek Parkway



A2



915



0.2378%




28H



11628 Tomahawk Creek Parkway



A1



885



0.2300%
28I



11628 Tomahawk Creek Parkway



A2



915



0.2378%




28J



11628 Tomahawk Creek Parkway



B1



1,185



0.3080%
28K



11628 Tomahawk Creek Parkway



B2



1,242



0.3228%




28L



11628 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 29



29A



11629 Tomahawk Creek Parkway



B1
1,185



0.3080%




29B



11629 Tomahawk Creek Parkway



B2



1,242



0.3228%




29C



11629 Tomahawk Creek Parkway
C2



1,028



0.2672%




29D



11629 Tomahawk Creek Parkway



A1



885



0.2300%




29E
11629 Tomahawk Creek Parkway



A2



915



0.2378%




29F



11629 Tomahawk Creek Parkway



A1



885



0.2300%
29G



11629 Tomahawk Creek Parkway



A2



915



0.2378%




29H



11629 Tomahawk Creek Parkway



A1



885



0.2300%
29I



11629 Tomahawk Creek Parkway



A2



915



0.2378%




29J



11629 Tomahawk Creek Parkway



B1



1,185
0.3080%




29K



11629 Tomahawk Creek Parkway



B2



1,242



0.3228%




29L



11629 Tomahawk Creek Parkway



C2
1,028



0.2672%




Bldg. No. 30



30A
11630 Tomahawk Creek Parkway



B1



1,185



0.3080%




30B



11630 Tomahawk Creek Parkway



B2



1,242



0.3228%
30C



11630 Tomahawk Creek Parkway



C2



1,028



0.2672%




30D



11630 Tomahawk Creek Parkway



A1



885



0.2300%
30E



11630 Tomahawk Creek Parkway



A2



915



0.2378%




30F



11630 Tomahawk Creek Parkway



A1



885
0.2300%




30G



11630 Tomahawk Creek Parkway



A2



915



0.2378%




30H



11630 Tomahawk Creek Parkway



A1
885



0.2300%




30I



11630 Tomahawk Creek Parkway



A2



915



0.2378%




30J



11630 Tomahawk Creek Parkway
B1



1,185



0.3080%




30K



11630 Tomahawk Creek Parkway



B2



1,242



0.3228%




30L
11630 Tomahawk Creek Parkway



C2



1,028



0.2672%
Bldg. No. 31



31A



11631 Tomahawk Creek Parkway



B1



1,185



0.3080%




31B



11631 Tomahawk Creek Parkway



B2



1,242
0.3228%




31C



11631 Tomahawk Creek Parkway



C2



1,028



0.2672%




31D



11631 Tomahawk Creek Parkway



A1
885



0.2300%




31E



11631 Tomahawk Creek Parkway



A2



915



0.2378%




31F



11631 Tomahawk Creek Parkway
A1



885



0.2300%




31G



11631 Tomahawk Creek Parkway



A2



915



0.2378%




31H
11631 Tomahawk Creek Parkway



A1



885



0.2300%




31I



11631 Tomahawk Creek Parkway



A2



915



0.2378%
31J



11631 Tomahawk Creek Parkway



B1



1,185



0.3080%




31K



11631 Tomahawk Creek Parkway



B2



1,242



0.3228%
31L



11631 Tomahawk Creek Parkway



C2



1,028



0.2672%
384,730



100.0000%

								
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