Homeowners Association

Shiloh Pines Homeowners’ Association DeclarationDeclaration ofof ProtectiveProtective CovenantsCovenants

(Amended and restated as of June 15, 2014) DECLARATION OF PROTECTIVE COVENANTS SHILOH PINES

STATE OF COLORADO COUNTY OF EL PASO

KNOW ALL MEN BY THESE PRESENTS:

This declaration made this 15th day of June, 2014, by the Shiloh Pines Owners Association, Inc., hereinafter referred to as Declarant. Whereas, Declarant is the representative body of all one hundred and forty-five acres of Shiloh Pines Subdivision, situated in the County of El Paso, State of Colorado:

NOW THEREFORE, in consideration of their acceptance of deeds to lots in said subdivision, the several purchasers and grantees (and their heirs, executors, administrators, personal representatives, successors and assigns and all persons claiming by or through such grantees) shall be and are hereby bound by the Covenants set forth in this declaration. The declaration and covenants herein shall run with the land and be binding on all parties having any right, title or interest in the subdivision.

1. Building Type and Use. All tracts shall be known and described as residential tracts and shall be used only for residential homes and country estates. No residence shall be erected, altered, converted, placed or permitted to remain on any tract other than one single-family dwelling, not to exceed two standard stories in height. A double-wide attached garage for not less than two (2) automobiles shall be provided with each dwelling. On approval by the Architectural Control Committee, as provided for herein, two story (excluding walk-out basements) and split level houses may be permitted in those instances where: (a) The topography, grade contour, and finished grade elevations allow such houses to harmonize with the general development of the area, and (b) such houses are complementary in exterior design to other structures in the area. Furthermore, upon approval by the Architectural Control Committee, as provided for herein, residents may be allowed to erect barns for the housing and protection of those animals allowed in the subdivision under Paragraph 20 of this agreement, provided that the Architectural Control Committee in its sole discretion, determines that such barns harmonize with the overall development of the area. Dwellings will be architecturally designed and those buildings commonly repeated in the city and recognized as "tract" homes will not be allowed. The same style dwelling will not normally be repeated on adjacent or opposite lots unless the Architectural Control Committee, in its sole discretion, finds that the terrain, vegetation, or other conditions warrant an exception to this particular covenant, and that the materials, colors, and configuration of any dwelling allowed as an exception to this covenant fulfills the intent of this declaration.

2. Building Location. No building shall be located on any lot nearer than fifty (50) feet to the front lot line, nor nearer than forty (40) feet to any rear lot line, nor twenty-five (25) feet to any side lot line. Exceptions to the rear or side lines may be allowed by the Architectural Control Committee if the Committee finds that the terrain or other conditions create a hardship. Any such exception must be requested in writing and granted by the Architectural Control Committee in writing. For the purpose of this covenant: eaves, steps and open porches shall be considered as part of the building.

3. Size. The living area of the main structure of dwellings, exclusive of basements, open porches, and garages shall be a minimum of: (a) Eighteen hundred (1800) square feet in a one level house; or

(b) Fourteen hundred (1400) square feet in each of two (2) floors of a bi-level or two-story house; or (c) Twenty-six hundred (2600) square feet in a split-level/tri-level house.

The size of dwellings is established primarily to reflect the developer's intent regarding the quality of the development. The Architectural Control Committee may grant reasonable requests for variances to these sizes if other factors which enhance the quality of the structure and the quality of the overall development are found to exist.

4. Temporary Structures. No structure of temporary character, including, but not limited to trailers, basements, tents or accessory buildings, shall be used on any tract as a residence, temporarily or permanently.

5. Construction. All buildings shall be designed and constructed in accordance with the following standards:

(a) Roof material and color shall be consistent with the architecture, color, and exterior wall material of the house. Architectual shingles, tile, or slate will normally be used. Any newer composition fireproof shingles, including those with asphalt components, that simulate cedar or wood shakes, give apparent relief, and are aesthetically comparable will normally be approved. Such approval shall be contingent upon first-hand examination of said sample by the ACC. Roof mounted solar collectors, "sky lights" and other unusual or energy conservation features should be custom designed and must be reviewed in preliminary plans by the Architectural Control Committee.

(b) The overhang of the roof on the dwelling shall be at least twenty-four (24) inches, unless a lesser overhang is approved by the Architectural Control Committee. Flat roof dwellings will not normally be approved.

(c) Chimney facing shall be stone, wood, or earth-tone brick varieties as noted below under subparagraph (f). Chimneys will be equipped with spark arresting screens.

(d) Earth tones shall be used on exterior siding, doors, porches, garage doors, gutters and window frames. For the purpose of these covenants, earth tones are defined as consistent with the natural environment and neighboring properties and are also subdued in color and tone.

(e) Garage doors shall match and be of the same quality standard as the dwelling's exterior.

(f) All exterior walls shall be of no more than two (2) primary materials and shall be constructed of wood, stone, stucco, or accepted types of brick. Wood products such as pressboard, masonite or fiberboard will not be approved. Stucco installed in accordance with subparagraph (5g) of this section is excluded from the particular limitation of this sub-paragraph. Acceptable brick type includes sand brick, clinker brick and brick without a sheen appearance or brick of a color that blends with natural surroundings. Standard red brick is an example of a material that would not be approved.

(g) All exposed concrete on all buildings must be stuccoed or finished to blend with the rest of the home's exterior.

6. Time of Construction. Once construction is initiated on any structure, including the construction of walls, fences, residences, ancillary buildings, or any other structure which has been

previously approved by the Architectural Control Committee, construction of that particular structure, wall, fence, residence or ancillary building including landscaping, shall be completed within one (1) year, except that the Architectural Control Committee may extend the time of construction for additional periods under unusual circumstances. The granting of any extension shall be within the sole discretion of the Architectural Control Committee and shall be in writing.

7. Architectural Control Committee. The organization and authority of the Architectural Control Committee shall be as set forth in this article.

(a) Appointment. The Architectural Control Committee shall consist of three members elected by the members of the Shiloh Pines Owners Association, Inc., under the provisions of paragraph 8 (b) below. Members of the ACC shall serve two (2) year terms. No member may serve more than two (2) consecutive terms. ACC members shall be elected at the same time as the Board of Directors of the Shiloh Pines Owners Association, Inc. Members of the ACC may not serve simultaneously as members of the Board of Directors of the Shiloh Pines Owners Association, Inc.

(b) Authority. The Committee shall have the power and authority by the exercise of its best judgment to see that all structures, improvements, construction, decorating and landscaping within the Shiloh Pines Subdivision conforms to, and harmonizes with, the terrain, vegetation, and existing structures within the subdivision. The conditions and restrictions recited in this declaration shall be the principal guide to the Committee's deliberations. The Committee shall have the authority to grant variances from the provisions of this declaration, provided that such variances do not violate the intent of this declaration. In the cases of irregularly shaped lots, unusual terrain, or other conditions by which strict enforcement of these restrictions would result in unusual hardship, and to accommodate new building materials, and building concepts applicable to reducing energy requirements, the Committee will be liberal in granting individual variances. The decisions of the Committee in granting any variance shall be subject to appeal to the Board of Directors by any member of the Shiloh Pines Owners Association, Inc. The Board of Directors' vote will be final and determined by majority vote, one vote per Committee member.

(c) Procedure. The procedure for applying to the Committee for approval of construction and/or improvements on any property within Shiloh Pines shall be governed by the provisions of this subsection.

Preliminary plans will be submitted to the Committee which shall include a plan of proposed structure locations on a topographic map. Every attempt should be made to minimized disturbing the native plant material and terrain. In addition, the preliminary plan must include a description of exterior building type, materials to be used in the construction, and the color of the building which is to be constructed. The Committee shall approve or disapprove the preliminary plans within fifteen (15) days of receipt.

Following the Committee's approval of the preliminary plans, the applicant must submit two (2) sets of final plans. Final plans shall be identical to those submitted to the County for issuance of a building permit. Final plans shall include the information required in the preliminary plans and, in addition, detailed architectural drawings and specifications. Actual samples of exterior siding and trim, roofing, stain and/or color to be used must be submitted to the ACC for approval prior to installation/application. The Committee shall approve or disapprove final plans and specifications within fifteen (15) days from the receipt thereof. One (1) set of plans and specifications with the approval or disapproval endorsed thereon shall be returned to the applicant, and

the other copy thereof shall be retained by the Committee. In the event no action is taken to approve or disapprove such plans and specifications within the aforementioned fifteen (15) day period, the provision requiring approval of said plan shall be deemed to have been waived by the Committee. In the event of an emergency situation in which time constraints render the Committee unable to act, an architect may be retained by the Committee to make the decision. The Committee shall not be held liable for acts or failure to act in any manner whatsoever for any defect in any plans or specifications submitted or as revised, or for any work done pursuant to the requested changes of said plans and specifications. The Committee shall have the right to disapprove any plans, specification or details submitted to it pursuant to this subsection if such plans and specifications are not in accordance with all the provision of this declaration, if the design or color scheme in the proposed structure is not in harmony with the general surroundings of the lot or of the adjacent structures; or if the Committee deems said plans and specifications submitted to it to be incomplete, contrary to the interest and welfare of all or any part of Shiloh Pines. A decision of the Committee in any of these matters may be appealed to the Board of Directors by any member of the Shiloh Pines Owners Association, Inc. A vote of three of the five members of the Board shall be final and conclusive. Furthermore, the Committee shall have the right to inspect improvements during or after construction to determine whether there is compliance with the plans and specifications which were submitted to the Committee. Disapproval of any plans will be in writing stating reasons, and shall be in general terms sufficient to enable the applicant to meet any objections. All actions taken by the ACC shall be in writing and a copy of such actions shall be filed with the Secretary of the Board of Directors.

8. Shiloh Pines Owners Association, Inc. The Shiloh Pines Owners Association, Inc. shall be formed by the residents of Shiloh Pines, in accordance with the provisions of these articles, for the purposes set forth in this article.

(a) Purpose. A Homeowners Association shall be formed by the residents of Shiloh Pines for the purpose of maintaining the integrity of the Covenants, the treasury and all common properties.

(b) Membership and Voting Rights. The sole qualification for membership in the Homeowners Association shall be ownership of a fee or undivided fee interest in any lot in Shiloh Pines. Every owner of a lot shall become a member of the Association upon acquisition of that lot. Membership may not be separated from ownership of any lot. Each member shall be entitled to one vote for each full lot owned by that member. At any meeting of the Association, the presence of thirty-five (35%) of the members (whether present in person or by proxy) shall constitute a quorum for conducting the business of the Association.

(c) Assessments. Each owner of any lot, by acceptance of a deed for that lot, whether or not it shall be so expressed in the deed, is deemed to covenant and agree to pay to the Association annual assessments for capital improvements, such assessments to be established and collected as provided for in this article. The annual assessments established by the Association shall be used exclusively for promoting the health, safety, property values, welfare and convenience of the residences of Shiloh Pines in accordance with the purposes set forth in this Article. Initially the annual assessment shall not be for more than Sixty Dollars ($60.00) per tract per year through January 1, 1987. Afterwards, the amount of the assessment may be increased or decreased on an annual basis by a vote in person or by proxy of two- thirds of all tract owners, one (1) vote per lot owned. Fee levied at closing of a fixed amount of $75.00 per lot to go into the Shiloh Pines Owners Association, Inc.

(d) Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment, applicable to

that year, for the purpose of defraying, in whole or in part, the cost of acquisition or unexpected repair or replacement of a capital improvement upon the areas maintained by the Association. Provided, that any such special assessment shall be levied only upon the vote of the owners of at least two-thirds of all lots in Shiloh Pines subdivision, one vote per each tract owned.

(e) Assessments to Become a Lien and Personal Obligation. Each type of assessment levied by the Homeowners Association, together with the interest thereon and costs of collection, shall be a continuing lien upon the lot against which it is made, and shall also be the personal obligation of the person who owned the lot at the time when the assessment become due. The personal obligation of the owner of any particular lot for delinquent assessments on that lot shall not pass to his successors in title unless expressly assumed by them. However, the lien of the assessments provided for in accordance with these articles shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any lot shall not affect the assessment lien as being a personal obligation of the owner who owned the lot at the time the assessment was levied.

(f) Enforcement of Assessments. Except as provided in subsection (e), each assessment (with penalties and cost of collections as provided for below) shall be and remain a first lien upon the lot, and shall be superior to any other charges, lien or encumbrances, (whether arising from or imposed by judgment or decree, or by any agreement or contract), except those liens for taxes and other public charges as may be made superior by applicable law. The obligation of the owner to pay such assessments shall remain his personal obligation, and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the date that the assessment is imposed, the delinquent owner shall pay interest from the date of delinquency at the rate of one and one-half percent (1-1/2%) per month, until the assessment is paid. The Association may bring an action of law against the owner personally obligated to pay, and may bring action to foreclose the lien against the lot and improvements which are subject to the assessment. There shall be added to the amount of such assessment or charge the cost of preparing and filing the complaint in any such action; the judgment in any such action shall include interest as provided for above, reasonable attorney's fee to be fixed by the court, and the costs of any such action.

9. Utility Easements. Easements for installation and maintenance of utilities, roadways, drainage facilities and such other purposes incident to development of the property are reserved on, over, and under a strip of land seven (7) feet wide along either side of each internal side lot line, and seven (7) feet inside all external lot lines in this recorded subdivision. If a purchaser buys contiguous lots, no easement will exist along the line between and common to both lots, provided, however, that if one or both of such contiguous lots are thereafter sold to different owners, easements will thereafter pertain as herein provided. Any shrubbery, trees, or planting placed on any of the aforementioned easements shall be removed if requested by the ACC. Furthermore, no buildings, fences, driveways or structures of any type shall be built or placed over or across such easements without prior ACC approval to ensure that the easement shall remain open and readily accessible for installation, service and maintenance of utility and drainage facilities. Any construction or landscaping on or over an easement that was approved by the ACC shall be subject to removal at the homeowner’s expense if such removal is requested by the Board of Directors in order to grant access for the reasons specified above. No owner may grant an easement, license or right of access, or establish a private or public roadway, across a lot to serve property outside of the subdivision.

10. Obstruction of Vision at Intersections. No fence, wall, hedge, tree or shrub or any other planting which obstructs sight lines shall be placed or be permitted to remain on any corner lot within the triangular area formed by the intersection of the street property lines and a line connecting the street

property lines at point twenty-five (25) feet from the intersection of the street property lines. In the case of a rounded property corner, no such obstruction shall be placed or be permitted to remain on such corner within the triangle formed by the point of intersection of the property line extended, and the two points measured twenty-five (25) feet in each direction along the property from said intersection.

No fence, wall, hedge, tree, shrub or any other planting which obstructs sight line shall be placed or be permitted to remain within the triangle formed by the intersection of a street property line with the edge of a driveway or any other access to any tract, and two points located along said intersecting lines, at ten (10) feet from the intersection of such lines.

11. Nuisance. Nothing shall be done or permitted on any tract which becomes an annoyance or nuisance to the neighborhood. No noxious or offensive activities or commercial business or trade shall be carried on upon any tract. Any exterior lighting on any lot shall either be indirect lighting or shall be of such controlled focus and intensity so as not to disturb residents of adjacent tracts.

12. Refuse and Rubbish. Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner. Containers or other equipment for the storage or disposal of garbage, trash, rubbish or other refuse shall be kept in a clean, sanitary condition. Oil tanks and bottled gas tanks must be underground, or placed in walled-in areas which are deigned to blend with the house so that the oil tanks and bottled gas tanks are not visible from adjoining property or from public streets. No trash, litter, or junk shall be permitted to remain exposed upon the premises and visible from public roads and/or adjoining properties. Garbage, refuse, rubbish or cuttings shall not be deposited on any street, road, or common area, or on any lot unless placed in a suitable container. Garbage cans or trash containers will be placed inside garages, behind decorative fencing or walls, or otherwise hidden from view from the street.

The burning of trash in outside incinerators, barbecue pits, or any other burning area is prohibited. It is intended that all refuse, trash, garbage and the like shall be hauled away from the Shiloh Pines subdivision. No horse manure piles shall be visible from public roads or adjoining properties. No horse manure piles shall be placed within fifty (50) feet of any property line or public roadway.

13. Drilling. No oil drilling, oil development operations, oil refining, quarry or mining operations of any kind shall be permitted on or in any tract. Oil wells, tanks, tunnels, mineral excavations and shafts pertaining thereto shall not be permitted upon or in any tract. No derrick or other structure designated for use in boring for oil or natural gas shall be erected, maintained or permitted upon any tract.

14. Clothes Drying Area. Outdoor clothes drying will be permitted only in the portion of the yard of the house that is away from the street. In the case of corner lots, such drying must not be closer than seventy (70) feet from the side street lines. In all cases, such clothes drying areas will be concealed by a fence or other structure so as not to be visible from public streets or adjoining properties.

15. Signs. (a) Except for signs displayed pursuant to section 15 (b), and except for temporary signs for events such as garage sales, all signs displayed upon any of the premises or tracts must be approved in writing by the Architectural Control Committee. Temporary signs for events such as garage sales must be removed in a timely manner after the event ends. This covenant does not preclude the display of reasonable sized builder's or realty-type signs. The Architectural Control Committee reserves the right to require modifications or removal of any previously approved sign if deemed not in keeping with the area and the subdivision decor.

(b) One political sign per political office or ballot issue that is contested in a pending election may be displayed within the boundaries of the premises or tract by the owner or occupant of the premises or tract, provided: 1. No political sign shall be displayed earlier than forty-five (45) days before the day of an election or later than seven (7) days after the day of the election, and

2. The maximum dimensions of each sign shall be the lesser of thirty-six (36) inches by forty-eight (48) inches or the maximum size for a political sign allowed by any applicable county ordinance that regulates the size of political signs on residential property.

As used in this Covenant 15 (b), “political sign” means a sign that carries a message intended to influence the outcome of an election, including supporting or opposing the election of a candidate, the recall of a public official, or the passage of a ballot issue..

16. Vehicle Parking. No vehicles, motor homes, trailers, boats, vehicular equipment shall be parked along any public road within the subdivision for longer than 36 hours. No commercial type vehicles shall be stored or parked on any lot except in a closed garage, and shall not be parked or stored on any residential street except while engaged in transport to or from a residence. For purposes of this covenant, a three-quarter ton or smaller vehicle, commonly known as a "pick-up" truck, and which is not used for commercial purposes, shall not be deemed to be a commercial vehicle or truck. No recreational vehicles, including any travel trailer, horse trailer, camper, or motor home may be habitually parked in any driveway or turn-around area within the subdivision or parked for longer than 36 hours, unless such vehicles are not visible from public streets or adjoining properties.

17. Landscape Maintenance. Approval shall be obtained from the Architectural Control Committee prior to the cutting down, clearing, or killing of any trees further that thirty (30) feet from the outermost edge of a building on any tract. No approval is needed for the removal or trimming of Gambel oak or dead branches of any trees on a tract. Grantees agree that all the tress cleared will be disposed of in such a way that all tractts, whether vacant or occupied by buildings, shall be kept free of accumulation of brush, trash, or other materials which might constitute a fire hazard, or which render a tract unsightly. This covenant shall not operate or restrict grantees from storing fireplace wood in neat stacks on their tracts.

Grantees are responsible for the immediate removal of all diseased or insect -infested trees on their property that might contaminate or spread to adjacent trees and lots. If any such trees are discovered and not removed within two (2) weeks after notification, the trees may be removed by the Shiloh Pines Owners Association, Inc., at the lot owner's expense. The owner of each lot shall be responsible for the maintenance of grass and weeds thereon and shall, at a minimum, maintain said lot in accordance with the grass and weed ordinance of El Paso County. No statues, sculptures, painted trees, bird baths, replicas of animals or other objects of such nature may be affixed or placed on any lot or building where they would be visible from any street, without prior written approval from the ACC. Periodic repainting and maintenance of any house, garage, fence or any other structure within the subdivision shall be in accordance with the original scheme established for the area by the Architectural Control Committee.

18. Free Standing Mail Boxes. All free-standing mail box supports shall be of durable, quality materials that are consistent with the mailboxes of neighboring properties and the natural environment.

All mailbox supports added after June 15, 2014 must be approved by the Architectural Control Committee.

19. Water and Sewage. All lot owners are required to make use of the community water system serving Shiloh Pines.

20. Animals. No fowl shall be raised or kept and no kennel for the breeding or boarding of dogs or any other animal shall be erected, maintained or used upon any lot. Dogs, cats, or other domesticated household pets in limited numbers may be kept provided that: (1) such animals are not kept, bred or maintained for any commercial purpose; (2) any outside housing for such animals or pets is approved by the Subdivider; (3) all domesticated household pets must be kept within property boundaries except when accompanied by the owners; (4) they do not disturb residents of adjacent tracts; and (5) any number of dogs over three (3) must be approved by the Committee. In accordance with El Paso Zoning Regulation for A-6 Rural Residential Districts, Section 35.1, only four (4) household pets over the age of four months old may be maintained on any one lot.

Horses may be kept on any lots in the subdivision in accordance with the provisions set forth in this article. Any horses must be kept within an approved enclosure, corral, stable or barn at all times when the horses are not being used for riding. Open grazing of horses outside an approved enclosure, corral, stable, or barn is prohibited, except for limited periods of time, and with the prior approval of the Architectural Control Committee. Furthermore, no owner shall keep on any lot more than one (1) horse for each full acre owned by the owner.

No stable, corral, or any structure for the housing or feeding of horses shall be located closer than fifty (50) feet to any home or to any adjoining lot line, or closer than one hundred (100) feet to any public street. County regulations which may pertain to the locations and maintenance of stable facilities, if more stringent, will supersede those set forth herein.

Stables, barns, corrals, or other enclosures will be of finished construction, completely enclosed, and complementary to the design, color and construction of the house. In any case, no stable, barn, corral, or other enclosure shall be placed on any lot prior to the beginning of construction of a house on the lot, except in cases of multiple contiguous tract ownership, wherein a house has been constructed on one of the several tracts. Earth colors are required.

No stable, barn or corral will be situated on the street side of any residence. No horses will be permitted permanently or temporarily on the street side of any residence, nor within seventy (70) feet of any public streets or roads within the subdivision. Corrals will not exceed four thousand (4,000) square feet in size, per horse permitted. If corral rails are staggered, rails must be at least twelve (12) feet in length with sixteen (16) feet recommended. Corrals will have three or more rails and be constructed of sturdy fencing to ensure the retention of horses kept therein. The lowest of the top rails of the corral must be a minimum of four and one-half (4-1/2) feet above the surface of the ground. All stables, corrals, or any structure for the housing, enclosure, or feeding of horses shall be approved in writing as to location, design and color by the Architectural Control Committee, and shall be maintained in compliance with all lawful sanitary regulations. In case of single ownership of more than one contiguous tract, then the setback restrictions of this covenant concerning horses shall apply as a whole.

21. Fences and Antennas. Barbed wire fences within the subdivision are prohibited. External fences will not be removed but may be reset to conform to staked property lines and/or be rebuilt as necessary. Declarant will not be responsible for or defend adverse possession suits based on external

boundary differences. Easements on either side of lot lines (seven (7) feet on either side) will be kept open and unfenced unless approved by the ACC and remain subject to removal at the direction of the Board of Directors should these easements be needed later for the purposes of the neighborhood. . Fences may not be constructed on easements that are registered for neighborhood access to bordering properties outside the neighborhood. Fencing along streets will be of rails or poles of finished wood or masonry construction. Unstripped bark posts normally will not be approved. Fences must be approved in writing by the Architectural Control Committee prior to erection. Outdoor antennas/satellite dishes and their location must be approved by the Architectural Control Committee, which may grant approval if the Committee finds circumstances justifying special consideration. Attic antennas inside the house are effective and are encouraged.

22. Firearms. No hunting of any kind, nor the discharge of any firearms, will be permitted on any part of Shiloh Pines.

23. Prohibition of Certain Vehicles. No trailbikes, minibikes, motorcycles, all-terrain vehicles, snowmobiles, or other such noise polluting vehicles will be operated within the Shiloh Pines subdivision, except that such operation is authorized for the limited use of ingress and egress to and from the residences.

24. Terms of Covenants. These covenants and restrictions are to run with the land, be binding upon the grantees, their assigns, heirs and successors. These covenants and restrictions shall remain in full force and effect for twenty-five (25) years from the date on which these covenants are recorded after which time these covenants shall automatically be extended for successive periods of ten (10) years unless an instrument signed by a simple majority of the then owners of the tract is recorded in the office wherein these covenants are recorded, stating that these covenants in whole or in part are thereby changed. Not withstanding any other provision in this agreement however, the covenants and restrictions contained herein may be amended at any time by a two-thirds (2/3) vote of the property owners one vote per tract. All changes will be formally recorded in the offices of the recorder of the County of El Paso, State of Colorado.

25. Enforcement. Enforcement of the covenants and restrictions contained herein shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any of these covenants. Such proceedings shall be either to restrain the violation or potential violation or to recover damages for the violation or potential violation. A fee of $75.00 per tract will be charged with purchase of a tract(s) at closing. Such fees are to provide a fund for use in enforcement of these covenants. Funds not so used will be turned over to the Shiloh Pines Owners Association, Inc. The Board of Directors and Architectural Control Committee, together or separately, or through their authorized agent or employees, further reserve the right whenever there has been an apparent violation of one or more of the provisions of these covenants, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner. Such entry and abatement or removal shall not be deemed a trespass. Furthermore, as a result of any work done by the Board of Directors or the Architectural Control Committee on any lot, which work was performed in order to bring said lot into compliance with the covenants and restrictions contained herein, a lien shall arise and attach to the lot on which the work was performed in the amount of the expense of such work. The lien shall run in favor of the Board of Directors and/or the Architectural Control Committee as the case may be and shall be released only upon payment by the owner of the lot of an amount equal to the expense incurred in bringing said lot into compliance with the covenants and restrictions contained herein, together with the costs of filing such lien.

Property owners in Shiloh Pines expressly agree to abide by injunctions, without necessity of bond in order to simplify judicial proceedings and to remedy covenant violations. In addition, if a judicial action is necessary to prohibit a covenant violation and the violation is established in such proceedings the violator or violators shall pay all costs of the enforcement proceedings, including reasonable attorneys fees. If they are to enforce a right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent hereto and shall not bar or affect its enforcement. The invalidation by any court of any restriction herein contained shall not in any way affect any other restriction not so invalidated, and the latter shall continue in full force and effect.

26. Notices. Any notice required to be given to any owner or other person under the provisions of these protective covenants shall be deemed to have been properly given when mailed postage paid to the last known address of the record owner of the lot. If there is no response to the initial notice a second notice via certified mail shall be sent. If there is no response to the certified notice, that member shall no longer be considered eligible to vote and will remain ineligible until such time as the Shiloh Pine Owners Association, Inc., is notified of that owner's proper address.

Recorded in El Paso County.

As amended by Board of Directors and approved by membership June 15, 2014

Ted Gallegos President

______Janet Clover Vice President

Dan Weber Treasurer

Eduardo Krumholz Secretary

Gayle Humm Member

I certify that the foregoing is a complete and accurate copy of the Amended and Restated Declaration of Protective Covenants certified by the Shiloh Pines Homeowners Association Board of Directors on June 15, 2014.

Eduardo Krumholz, Board Secretary