SAMPLE OF COVENANTS, CONDITIONS AND RESTRICTIONS OF MOUNTAIN VALLEY ACRES SUBDIVISION (AMENDED)

EXHIBIT "A" (Deed Restrictions, Covenants and Easements to Lots at Mountain Valley Acres Unit 2, No.2)

Subject to and benefits from the following Easements, Covenants, Conditions, and Restrictions, and shall be binding on any successors or assigns:

1. An easement on Lot #65 for the well (serving Lots #3, 4, 65, 66, 81, and 82), the well house, the piping and wiring from the well and well house, at the westerly property boundary, and easements and cross easements 10 feet wide, along the westerly property boundary of Lot #65 and easterly property boundary of Lot #82, for the water service pipes from this well and for phone and electric utilities.

2. An easement on the northwesterly corner of Lot #62 for the placement, use and servicing of a 3000 gallon fire protection water tank.

3. Each Lot may have upon it a house and a guesthouse (for a maximum of two habitable structures), but only one mobile home is allowed per Lot. Other permitted structures shall include sheds, studios, barns, garages, workshops, detached solar collectors, and satellite dishes. Lot #3 may have a single-wide mobile home or RV for habitation upon it.

4. All mobile homes must be skirted within one month of placement upon the property. No mobile home shall be older that 10 years (or have received written permission from the original Grantor or his Agent), and shall be in a state of good repair and neat appearance, when it is moved onto the property.

5. No junk or dead cars (cars that can not move under their own power) are allowed on the Lot. Nothing is allowed on the Lot that will cause it to appear in an unclean or untidy condition or that will be obnoxious to the eye or that will emit foul or obnoxious odors or that will cause a disturbing noise.

6. The Mountain Valley Acres Owners' Association #3 By-Laws, as recorded in Book ____, Pages _____ of the Records of Taos County.

7. Recreational vehicles and boats may be parked on any Lot, but not used for permanent human habitation or connected to any utilities.

8. Generally recognized domestic indoor animal pets may be bred, or kept, in a reasonable number. All dogs must be kept on a leash or controlled at all times. It shall be the responsibility of each pet owner to clean up after their pets. At night, all pets must be kept in an enclosed area. In all cases, the Grantor or his Agent shall have the right to order the removal from any Parcel and/or dwelling any animal deemed objectionable or a nuisance. Grantor reserves unto itself sole discretion in determining what type and number of animal pets complies with this provision. Each Parcel owner may maintain livestock, horses, cattle, poultry, etc., provided, however, that the keeping of such animals is for personal use and not for a commercial business, that such animals shall be confined by pens, corrals, fences, barns, or coops, and that such animals shall be maintained in such a number, fashion, and manner as not to be obnoxious to the eye, emitting foul or obnoxious odors, or causing any noise that will disturb the peace, quiet, comfort or serenity of the occupants of surrounding properties.

9. US Patent Reservations of Record.

10. Grantee may not grant any adjoiner of the Parcel any ancillary easement or license to connect into the well or utilities or any access easement without the Grantor's prior written consent.

11. These Covenants, Conditions, and Restrictions may be enforced by the Declarant (Grantor) or by any Parcel Owner. The prevailing party in any court action shall be awarded his court and attorney's fees.

12. Easements and Rights-of-Way, as contained in the plat of Mountain Valley Acres filed for record in Volume #2, page 127, and refiled in Cabinet B, page 23-B, records of Taos County, New Mexico.

13. Declaration of Restrictive Covenants Running with the Land, as recorded in Book M-66, Pages 706-7

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