DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND
RESTRICTIONS (“Declaration”), is made on the date hereinafter set
forth, by BEL-TANE ACRES, INC., also known as BEL-TANE, INC., a
corporation (“Declarant”:, with reference to the following facts:
A. Declarant is the owner of a certain subdivided tract of
land consisting of approximately eleven (11) acres located in
Bonner county, Idaho (the “Property”), which property is more
particularly described as follows:
All property within the Plat of Bel-Tane
Acres, First Addition, recorded October 12,
1988 in Book 4, Paqe 73, of plats, as
Document No. 354181, records of Bonner
County, Idaho.
B. Declarant has subdivided the Property into twenty-two
(22) residential and/or recreational Lots (plus some Common
Areas), as shown on the above described Plat, which Lots will be
sold to members of the general public.
C. In addition to ownership of individual Lots, the
purchasers will hold a membership in a new Association of all
Owners, which Association will have ownership or easement rights
in certain property, both within and outside the Plat. Such
areas shall be known as Common Areas, and shall be operated and
maintained for the benefit of the Owners of all Lots within the
Property.
D. Declarant intends by this document to impose upon the
entire Property mutually beneficial restrictions under a general
plan of improvement for the benefit of all of the Lots and the
Owners thereof.
Declarant hereby declares that the entire Property shall be
held, conveyed, mortgaged, encumbered, leased, rented, used,
occupied, sold, and improved, subject; to the following declarations, limitations, covenants, conditions, restrictions, and
easements, all of which are for the purpose of enhancing and protecting
the value and attractiveness of the Property, and every
part thereof, in accordance with the plan for the subdivision and
sale of the Property as a residential and/or recreation community.
All of the limitations, covenants, conditions, restrictions,
and easements shall constitute covenants and encumbrances
which shall run with the land and shall be perpetually binding
upon Declarant and its successors-in-interest and assigns, and
all parties having or acquiring any right, title, or interest in
or to any part of the Property.
ARTICLE 1
DEFINITIONS
1.1 “Association” shall mean Bel-Tana first owners Association,
Inc., an Idaho nonprofit corporation, formed by Declarant
in conjunction with the recordation of this Declaration, the
Members of which shall be Owners of Lots within the Property as
provided herein,
1.2 “Board” or “Board of Managers” shall mean the Board of
of the Association, as it shall be constituted from time
1.3 “Common Areas” shall mean those. areas and rights,
located both within and outside the Plat, that are held by the
Association and operated and maintained for the benefit of the
Owners of all Lots. Specifically, the Common Area shall include
the following:
(a) Lot 1, Block 1, Bel-Tans Acres Subdivision, being
a Parcel outside the Plat, to be owned in fee by the Association,
and maintained as access to Lake Pend Oreille, for
the benefit of all Lots within the Plat;
(b) The area located at the northwest end of the Plat,
designated on the Plat as Common Area, to be owned in fee by
the Association, and maintained as a buffer zone between
Bel-Tane Road and South Plat Lake Road, for the benefit of
all lots within the Plat;
(c) A thirty (30) foot wide strip of land through the
center of the property, also designated on the P!.at as
Common Area, to be owned in fee b;, tile Association, and
maintained as a utility access area, for the benefit. of. all
Lots within the Plat;
(d) A perpetual easement in the following described
off-site parcels, and in the areas between such parcels and
the Plat in which water lines are presently maintained, such
parcels being a water well site and a reservoir site, to he
operated and maintained by the Association for the benefit
of all Lots within the Plat:
Well Site:
Beginning at the East Quarter Corner of
section 33, Township 57 North, Range 1
west, Boise Meridian, Bonner County,
Idaho, said earlier bearing south
88°41’38” East, 5,252.05 feet from the
west Quarter Corner of said Section 33,
thence North 77°26’07” west, 399.18 feet
-2-
to the INITIAL POINT. Thence South
67″39’28” West, 100.00 feet; thence
North 22″20’32” west, 100.0 feet; thence
North 67″39’2.8″ East, 100.0 feet; thence
South 22°20’32” East, 100.0 feet to the
INITIAL POINT.
Reservoir site:
Beginning at the East Quarter Corner of
section 33, Township 57 North, Range 1
west, Boise Meridian, Bonner County,
Idaho, said corner bearing South
88°41’38” East, 5,252.05 feet from the
west Quarter Corner of said Section 33j
thence North 46″47’01” west, 1,100.37
feet to a point, said point being the
center of a circle which has a radius of
50.0 fe6t, said circle being the Reservoir
Protection Zone, LESS ‘existing
county road right-of-way, Instrument
No. 21842:!.
(e) Roadways within the Plat providing access,
ingress, and egress between the individual Lots and the
public right of way, but only to the extent such roadways
are not accept and maintained by Bonner County or other
governmental agency or municipality.
1.4 Declaration” shall mean this Declaration of Protective
Covenants, Conditions and Restrictions, as it may be amended from
time to time.
1.5 “Lot” shall mean any of the numbered twenty-two (22)
separate residential and/or recreational parcels as designated on
the Plitt.
1. 6 “Member” shall mean a member of the Association, as
defined in the , articles of Incorporation and Bylaws of the
Association.
1.7 “Owner” or “Owners” shall mean the record holder Oi:’
holders of title to a Lot within the Property. This shall
include any person having a. fee simple title to any” Lot, but
shall e~c1uae persons or entities having any interest roerely as
security for the performance of any obligation. Further, if a
lot: is sold under a recorded contract of sale to a purchaser, the
purchaser, rather than the fee owner, shall be considered the
“Owner.
1.8 “Person” shall mean any natural person, corporation,
partnership, association, trustee, or other legal entity.
1. 9 “Plat” shall refer to the recorded plat described in
the recitals above, as amended from time to time.
1.10 “Property” shall mean the entire real property covered
by this Declaration.
ARTICLE 2
COMMON AREAS AND UTILITIES
2.1 Common Areas. The Common Areas shall include all of
the areas set forth in paragraph 1. 3 above , and any additional
property rights owned or acquired by the Association. Each Lo~
Owner shall have, as appurtenant to his membership in the Association,
the nonexclusive right to use the Common, Areas in accordance
with the purposes for which they are intended, but without
hindering the exercise of or encroaching on the lawful rights
of any other Lot Owner. While it is the intent of this
Declaration to afford all Owners the full ~se and enjoyment of
all Common Areas, the Declarant is particularly concerned about
the use of the lake access lot (Lot .1, block 1, Bel-Tane Acres
Subdivision). In addition to such further rules as may be
adopted by the Board under this Paragraph 2.1, the Declarant
hereby declares that boats, boat trailers and boat equipment
shall not be kept or stored on such lake access lot, except
temporarily, for the purpose of putting boats in and taking boats
out of the water (and may not be left on the access: lot or on the
road to the access lot during the use of the boat).
The rights and easements of use and enjoyment of the
Common Areas created by this Declaration shall be subject to such
rules and regulations as may be adopted by the Board from time to
time. Without limiting the generality of the Board’s authority
to enact reasonable rules and regulations, such authority shall
include the right of the Board to suspend the rights and easements
of any Owner, and the persons deriving such right and
easements from any Owner, for use and enjoyment of any part of
the Common Areas, for any period during which the payment of any
assessment against the Owner and his Lot remains delinquent or
during which the Owner may otherwise be in breach of this
Declaration or the Bylaws of the Association. I
Any Owner entitled to the right and easement of use and
enjoyment of the Common Areas may designate such right to his
tenants who are occupying his Lot, Subject to reasonable regulation
by the Board. An owner who has made such a delegation of
rights shall not lie entitled to the use or enjoyment: of any part
of the Common Areas for so long as such delegation remains in
effect.
Each Owner shall be liable to the Association for any
damage to the Common Areas not fully reimbursed to the Association
by insurance or otherwise, if the damage is sustained
because of the negligence or willful misconduct of the Owner, or
by any family member, guest, tenant, or invitee of the Owner.
The cost of correcting the damage to the extent net reimbursed by
insurance shall be a special assessment against such Lot and may
be enforced as provided hereby for the enforcement of other
assessments.
2.2 Utilities. The Association shall have easements over
and across each Lot within the Plat, for the installation,
maintenance, operation and repair of underground utility lines
and appurtenant equipment, Which easement shall, however, be
confined to a ten (10) foot strip along the boundaries of each
Lot. Without limiting the generality of the foregoing, Declarant
hereby establishes in the Association such utility easements,
whose center line, is the property line common to Lots 15 and 16,
and the property line common to Lots 7 and 8, and a sewer line
and foot path easement Whose center line is the property line
common to Lots 10 and 11, all as is specifically set forth on the
Plat.
Upon construction of a residence, an Owner shall hook
onto the existing water system to be owned and operated by the
Association. A one time hook-up charge (initially Three Hundred
Fifty Dollars ($350.00) as of the date hereof, but subject to
adjustment by the Declarant to cover inflationary cost
increases), shall be paid to the Declarant or its assignee.
Installation must be completed according to specifications
provided by the Declarant or its assignee, and all hook-up work
shall be performed by the Owner at its expense. Following
hook-Up, a periodic charge shall be established by the Board,
collectible in accordance with the assessment procedure6
described herein. No water well shall be drilled on any Lot
except by the Declarant, the Association. or their respective
assignees, Where needed to service the Property. The Association
shall have the right to prohibit water use for irrigation
purposes during periods of water shortage. No reservoirs or
swimming pools larger than one thousand (1,000) gallons per Lot
may be filled from the community system.
Sewer, power, telephone, and other utilities shall be
provided by public or private entities other than Declarant or
the Association.
ARTICLE 3
OWNERS ASSOCIATION: ASSESSMENT LIENS
3.1. Organization of Association. The Association is or
shall be incorporated under the name of Bel-Tane First Owners
Association, Inc., as a nonprofit corporation under the Idaho
Nonprofit corporation Act. ”
3.2 Duties and Powers. The duties and powers of the
Association are those set forth in this Declaration, and in the
Articles and Bylaws of the Association, together with its general
and implied powers as a nonprofit corporation, generally to do
any and all things that a nonprofit corporation organized under
the laws of the State of Idaho may lawfully do, and which are
necessary or proper in operating for the peace, health, comfort,
safety and general welfare of its Members, Subject only to the
limitations upon the exercise of such powers as are expressly set
forth in this Declaration, the Articles and Bylaws.
Notwithstanding the generality of the above powers, the
principal purpose of the Association shall be to provide for the
operation and maintenance of the Common Areas and of the water
system servicing the Project (and also the Project roadways to
the extent not maintained by Bonner County or other governmental
agency or municipality), and to enforce the terms of this
Declaration, the Articles and the Bylaws of the Association
pursuant to the discretion of the Board, and to perform any other
function as may be delegated to the Association by the vote of
two-thirds (2/3) of the voting power of the membership. Subject
to the approval of the membership, where required, all actions of
the Association shall be undertaken by the Board; provided
however, that the Board shall have no power to incur indebtedness
or to take any action requiring the expenditure of funds beyond
those actually available or reasonably anticipated from the
assessments described herein, without the vote of two-thirds
‘\ 2/3) of the voting power of the membership.
3.3 Membership. The Owner of a Lot shall automatically,
upon becoming the owner of that Lot, be a Member of ‘the
Association, and shall remain a Member thereof until such a time as
such ownership ceases for any reason, at which time such membership
in the Association shall, automatically cease. Membership
shall be in accordance with the Articles and the Bylaws of the
Association.
3.4 Transfer of Membership. Membership in the Association
shall not be transferred, pledged, or alienated in any way,
except upon the transfer of ownership of the Lot to which it is
appurtenant, and then only to the new Owner. Any attempt to make
a prohibited transfer is void. In the event the Owner of any Lot
should fail or refuse to transfer the membership registered in
its name to the purchaser of its Lot, the Association shall have
the right to record the transfer upon its books and thereupon the
old membership outstanding and the name of the seller shall be
null and void.
3.5 One Class of Membership; Voting Requirements.
Association shall have one class of voting membership established
according to the Articles. Voting requirements shall be as set
forth in the Bylaws.
3.6 Membership Meetings. Regular and special meetings of
Members of the Association shall be held with the frequency, at
the time and place, and in accordance with the provisions of the
Bylaws of the Association.
3.7 Board of Managers. The affairs of the Association
shall be managed by a Board of Managers, which shall be
established and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association.
3.8 Assessments. In order to provide for the operation and
maintenance of the Common Areas and otherwise to perform its
responsibilities under this Declaration, the Board shall have the
power to levy and collect assessments against all Lots within the
Property, All assessments, together with interest, costs, penalties,
and actual attorney’s fees, shall be a charge and a continuing
lien upon the Lot against which each assessment is made, the
lien to become effective upon recordation of a notice of assessment
lien by the Board. Each assessment, together with interest,
costs, penalties, and attorney’s fees, shall also be the personal
obligation of the person who was the Owner or such Lot at the
time when the assessment fell due. All Assessments shall bear
interest at the prime rate charged by West One Bank (Main Branch,
Coeur d’Alene), from time to time, plus two percent (2%), after
the date such assessments or charges become payable. Such
interest, as well as costs, including reasonable attorney’s fees
if suit is necessary to collect such assessments, and reasonable
penalties established by policy of the Board, shall be additional
charges on the Lot.
The assessment lien shall be subordinate to the lien of
any underlying real estate contract, first mortgage or first deed
of trust. No sale or transfer of any Lot shall affect any lien
hereunder which has already attached or which relates to an
assessment Which has already become due, nor shall any sale or
transfer relieve such Lot from liability from any assessments
thereafter becoming due or from the lien thereof.
No Owner may waive or otherwise escape liability for
the assessments provided for herein by nonuse of the Common Areas
or by abandonment of his Lot.
Except as provided below, each Lot shall bear an equal
share of all assessments, and assessment’s shall commence as to
all Lots in the property immediately following closing of the
sale of the first Lot to a member of the general public.
Assessments shall be due on such date and, with such frequency as
may be designated by the Board. The Board shall determine and
fix the amount of the annuaI assesmemt against each Lot;
provided that the maximum assessment may not be increased by more
than ten percent (10%) above the assessment for the immediately
preceding fiscal year, without the vote or written assent of two thirds
(2/3) of the voting power of the Association.
Notwithstanding the foregoing, Declarant shall be
exempt, from assessment obligations, for so long as Declarant
subsidizes all reasonable and ordinary operation and maintenance
expense of the Common Areas, to the extent not coveted by assessments
on Lots owned by persons other than Declarant.
ARTICLE 4
BUILDING AND USE RESTRICTIONS
4.1 Use of Individual Lots. Use of all Lots shall conform
with such zoning, subdivision, building, and other laws,
regulations and ordinances as may be applicable. Lots shall be
used only for single family residential and/or recreational purpose.
by the Owner and his family, or by a single-family tenant.
No cattle, pigs, goats, poultry , or other livestock or animals.
shall be permitted. No more than two (2) dogs may be kept on any
Lot (the right to keep dogs being conditioned by a requirement
that they be kept leashed or within an enclosed area within the
Lot at times. A Lot may not be used for commercial or other
nonresidential purposes unless approval is first given in writing
signed by the Owners of three-fourths (3/4) of all Lots, and
unless the proposed use complies with all requirements of any
governmental or quasi-governmental agency having jurisdiction
over the property.
4.2 Lot Maintenance. Each Lot and the exterior appearance
of improvements thereon shall be maintained in a clean, neat and
orderly condition and in good repair at all times. All rubbish,
trash and garbage shall be regularly removed from all Lots, and
shall not be allowed to accumulate thereon. Trash, garbage and
other waste shall not be kept except in sanitary containers which
shall be kept screened and concealed from the view of other Lots,
the Common Areas, and all public ways. All owners shall comply
with all garbage disposal and sanitary regulations as established
by the Department of Health for Bonner County, Idaho, and the
State of Idaho as it pertains to every activity on the Lot.
4.3 Nuisances. No noxious, illegal, or offensive activities
shall be carried on within any Lot; nor shall anything be
done thereon Which may be or may become an annoyance or a
nuisance to or which may in any way interfere with the quiet
enjoyment of each of the other Owners of their respective Lots.
4.4 Improvements. Only one (1) single-family residence
shall be allowed on each Lot provided that secondary buildings,
such as garages, storage buildings, green houses, sheds, and the
like shall be permitted if the total coverage of all buildings
(residence and secondary buildings) does not exceed twenty
percent (20%) of the total land area of the Lot. The enclosed
ground floor area of a residence, exclusive of outbuildings, open
or screened porches, decks, patios, garages (attached or
detached), atria, and the like, shall not be less than eight
hundred (800) square feet, in the case of a single-story
residence, or seven hundred (700) square feet, in the case of a
multi-story residence. A “daylight basement”, having windows on
at least three sides, shall not, be deemed a basement for purposes
of this paragraph.
No improvements higher than thirty (30) feet shall be
permitted, with the height being determined by measurement tram
the highest point vertically to the nearest point of naturally
occurring ground.
No improvements shall be located closer than ten (10)
feet from any Lot boundary.
The work of construction, altering or repairing any
structure shall be diligently performed from its commencement
until completion and, in any event, the exterior appearance
thereof, including painting and/or staining, shall be completed
within one (1) year after the commencement of construction. All
construction shall conform to requirements established by any
governmental or quasi-governmental agency having jurisdiction
over the Property.
Any driveway built over a drainage ditch of any road
within or along the property, shall have a standard galvanized
metal culvert installed in the appropriate size established by
the Declarant or the Association. .
All utilities servicing any Lot shall be under ground,
except where special written permission is provided by the Board,
in cases where the burial of utility lines would be impractical
or prohibitively expensive.
No permanent structures, trees, shrubs, or other
improvements or obstacles that would unreasonably interfere with
the repair, maintenance , operation, or replacement of water,
power, sewer, or other utility lines, shall be allowed.
4.5 Mobile Homes/Trailers Temporary structures/camping. No
mobile home, residential trailer, tent, or temporary structure
shall be permitted on any Lot. However, these restrictions shall
not apply during any period of construction of permanent improvements
on a Lot (so long ‘Ill the construction complies with
Paragraph 4.4 above). Notwithstanding the forgoing,
recreational camping shall be allowed until December 31, 1995,
beyond which date camping shall be allowed only during periods of
construction in compliance with the limitations set forth in this Article 4.
4.6 Vehicle and Equipment Restrictions. No trailer (other
than a boat trailer), commercial vehicle, bus, truck (other than
standard size pickup truck), inoperable automobile, or similar
equipment, and no vehicle which is in an extreme state of
disrepair, shall be permitted to remain upon any Lot, other than
temporarily (as for purposes of loading and unloading of passengers
or personal property), unless placed or maintained within an
enclosed garage, or within such portion of the Common Areas as
may be designated by the Board for such use. No noisy or
off-road, unlicensed motor vehicles shall be maintained or
operated upon the property, except such recreational vehicles as
may have been approved by the Board.
4.7 Timber. Timber growing on a Lot may be used by the
Owner for the Owner’s personal firewood, fence, or for construction
of buildings or driveways located on that Lot. No timber
shall be sold for commercial purposes or cut for sale or use off
the Subject Lot without the consent of the Board.
4.8 Signs. No signs shall be displayed to the public view
on any Lot, except such signs as may be approved in writing by
the Board. This restriction shall not apply to resident
identification signs, “No Hunting” and/or “No Trespassing” signs,
and/or “For Sale” or “For Rent” signs, which shall be allowed
provided they do not exceed three (3) square feet in size.
4.9 No Further Subdivision. Lots may not be further
subdivided.
ARTICLE 5
ARCHITECTURAL CONTROL
5.1 Prohibition of Alteration and Improvement. No
building, sign, fence, wall, obstruction, road, landscaping, or
structure of any kind, shall be commenced or maintained upon the
Property, nor shall any alteration or improvement of any kind be
made thereto unless and until the same has been approved in
writing by the Declarant or by an Architectural Committee (the
“Committee'”) appointed by the Board, as provided in this Article.
5.2 Development Plans and Approval. Plans and specifications
showing the nature, kind, shape, color, size, materials and
location of such improvements or alterations, shall be submitted
to the Declarant or Committee for approval as to quality of
workmanship and design. However, no permission or approval shall
be required to rebuild in accordance with plans and
specifications previously approved by the Declarant or Committee.
Any application submitted pursuant to this Article shall be
deemed approved, unless written disapproval or a request for
additional information or materials shall have been transmitted
to the applicant within thirty (30) days after the date of
receipt by the Declarant or Committee of &11 required materials.
All decisions of the Declarant or Committee shall be final and
binding.
5.3 Declarant or Committee. The architectural control over
the Project shall be exercised by the Declarant until ten (10)
Lots shall have been sold to members of the general public.
Thereafter, architectural control shall be exercised by an
Architectural Committee. If a Committee is to be appointed, all
members thereof shall be appointed by the Board, and shall be
Owners of Lots within the Project. There shall be not less than
three (3) nor more than five (5) members OL the Committee, as
determined by the Board. Unless and until a Committee is
appointed, the functions of the Committee shall be undertaken by
the Board.
The members of the Committee shall receive no compensation
for services rendered, other than reimbursement for expense
incurred by them in the performance of their duties hereunder.
Neither the Committee nor any member of the Committee shall be
liable in damages or otherwise for decisions made in good faith
pursuant to the authority granted in this Article.
ARTlCLE 6
GENERAL PROVISIONS
6.1 Enforcement. Any Owner, the Association, and any
governmental or quasi-governmental agency or municipality having
jurisdiction over the Property shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens, and charges now or hereafter
imposed by this Declaration, and in such action shall be
entitled to recover costs and reasonable attorneys’ fees as are
ordered by the Court. Failure by any such person or entity to
enforce any such provision shall in no event be deemed a waiver
of the right to do so thereafter.
6.2 Invalidity of Any Provision. Should any provision of
this Declaration be declared invalid or in conflict with any law
of the jurisdiction where the Property is situated, the validity
of all other provisions shall remain unaffected and in full force
and effect.
6.3 Duration and Amendment of Declaration. This Declaration
shall endure perpetually, but may be amended or revoked at
any time by the recordation of an instrument signed and acknowledged
by the Owners of three-fourths (3/4) of all Lots, following
a meeting called according to the Bylaws. Revocation or ammendment
of this Declaration shall not diminish or otherwise
adversely affect the access and utility easement rights described
herein.
6.4 Mortgage Protection Clause. No breach of any of the
covenants, conditions and restrictions contained in this
Declaration, nor the enforcement of any provisions herein, shall
render invalid the lien of any mortgage or other encumbrance on
any Lot made in good faith and for value, but all of said
covenants, conditions and restrictions shall be binding upon and
effective against any Owner Whose title is derived through foreclosure
or trustee’s sale, or otherwise.
6.5 Limitation of: Restrictions on Declarant. Declarant is
undertaking the work of subdivision of the Property. The completion
of that work and the sale, rental, and other disposal of the
Lots is essential to the establishment and welfare of the Property
as a community. In order that said work may be completed
and said Property established as a fully occupied community as
rapidly as possible, nothing in this Declaration shall be understood
or construed to:
(a) Prevent Declarant, its contractors, or subcontractors
from doing on the Property or any Lot, Whatever is
reasonably necessary or advisable in connection with the
completion of the work; or
(b) Prevent Declarant or its representatives from
erecting, constructing and maintaining on any part or parts
of the Property, such structures as may be reasonable and
necessary for the conduct of its business of completing said
work and establishing said Property as a community and disposing
of the same in parcels by sale, lease or otherwise;
or
(c) Prevent Declarant from maintaining such sign or
signs on any of the Property as may be necessary for the
sale, lease or disposition thereof.
So long &s Declarant, its successors-in-interest and assigns,
owns one or more of the Lots established and described ill this
Declaration and except as otherwise specifically provided herein,
Declarant, its successors and assigns, shall he subject to the
provisions of this Declaration.
6.6 Termination of Any Responsibility of Declarant. In the
event Declarant shall convey all of its right, title and interest
in and to the Property to any partnership, individual or individuals,
corporation or corporations, then and in such event,
Declarant shall be relieved of the performance of any further
duty or obligation hereunder, and such partnership, individual or
individuals, corporation or corporations, shall be obligated to
perform all such duties and obligations of the Declarant..
6.7 No Warranty Of Enforceability. While Declarant has no
reason to believe that any of the covenants, conditions, o~
restrictions contained in this Declaration are or may be invalid
or unenforceable for any reason or to any extent, Declarant makes
no warranty or representation as to the present or future
validity or enforceability of any such covenants, conditions, and
restrictions. Any Owner acquiring a Lot in reliance on one or
more of such covenants, conditions, and restrictions shall assume
all risks of the validity and enforceability thereof and by
acquiring the Lot agrees to hold Declarant harmless therefrom.
The undersigned has executed this Declaration on July 20, 1992.
BEL-TANE ACRE INC., a
corporation
By Dale Gage
President
