DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

ARTICLE I: DEFINITIONS

Section 1. "Association" shall mean and refer to Heritage Greens Association, a non-profit Colorado corporation, its successors and assigns.

Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title incouding contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. "Properties" shall mean and refer to that certain real property hereinabove described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association is described as follows: Lot 8, Block 5, Heritage Greens, Filing No. 1, together with all perimeter landscaped areas and islands as shown on the Plat.

The Declarant may convey additional common area to the Association as additional properties are annexed to the properties pursuant to the provisions of Section 7, Article VIII.

Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties.

Section 6. "Declarant" shall mean and refer to CELEBRITY HOMES, INC., its successors and assigns if such successors or assigns should acquire more than on undeveloped Lot from the Declarant for the prupose of development.

ARTICLE II: PROPERTY RIGHTS

Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
a. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
b. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid, and for the period not to exceed 60 days for any infraction of its published rules and regulations;
c. The right of the Association to dedicatte or transfer all of any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditons as may be agreed to by the members;
d. The right of the Association to place such restrictions upon the use of the facilities as it may deem advisable, including, but not limited to, the classification of users by age groups.
No such dedication or transfer shall be effective unless an instrument signed by two-thirds of each class of members agreeing to such dedication or transfer has been recorded.

Section 2. Delegation of Use. Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

ARTICLE III: MEMBERSHIP AND VOTING RIGHTS

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

Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled toone vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with resspect to any Lot.
Class B. The Class B member shall be the Declarant and shall be entitled to three votes for each Lot owned. As additional properties are annexed and become subject to this Declaration in accordance with the provisions of Section 7(b) of Article VIII hereof, the Declarant shall be entitled to the Class B votes with respect to each Lot so annexed. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
a. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
b/ On December 31, 1990.