Rolling hills, rocks, pinon & juniper trees. TONS of peace and quite!

99TD3V<( DECLARATION OF RESTRICTIONS MISSION HILLS SUBDIVISION TORRANCE COUNTY. NEW MEXICO This Declaration of Restrictions ('Declaration') is made by Mission Properties. Inc.. a New Mexico corporation. hereinafter referred to as 'Grantor'. Grantor owns the real property described herein. The property which is subject to this Declaration is located in Torrance County. New Mexico. and described as follows: A SUBDIVISION OF S 1/2 S 1/2 S 1/2 S 1/2 SW 1/4 SECTION 14 S 1/2 N 1/2 5 1/2 S 1/2 S 1/2 SW 7/4 SECTION 74. SECTION 22. W 1/2 SECTION 23. NE 1/4 SECTION 27. TOWNSHIP 7 NORTH. RANGE 7 EAST N.M.P.M.. TORRANCE COUNTY. NEW MEXICO (hereinafter the 'Property'). All the reservations and restrictions hereinafter set forth are made for the benefit of each and every current or subsequent owner of any of the land described above, or any interest therein, and shall inure to and bind all subsequent owners thereof said restrictions. reservations and covenants being as follows: I) DURATION. The covenants are to run with the land and shall be binding on all parties and all persons claiming under them until Dec. 31. 2010. at which time said covenants shall be automatically extended for successive ten-year periods, unless sixty-seven percent (67%) or more of the record owners of the lots make a written election not to renew the covenants. 2) RESIDENTIAL USE. The property shall be for residential use only. No commercial business or enterprise shall be conducted or allowed on the property. The lots shall not be further divided except for the mortgage or financing exemption as outline by the Torrance County Zoning Ordinances. No structures or improvements shall be erected. altered, placed or permitted to remain on the lots other than one detached sin gle-famity dwelling and buildings related thereto unless approved in writing by the Architectural Control Committee. Detached garages or other outbuildings shall conform in construction and design to the related residence. and the design of all such detached structures must be approved by the Architectural Committee. 3) SET-BACK RESTRICTIONS. Except by specific consent of the Architectural Control Committee, no buildings shall hereafter be constructed on any lot nearer than 150 feet from any of the lot boundaries nor shall any structure or livestock facility be built in the flood zones noted on the 'FEMA 100 year flood plane map'. ANY RESIDENCE. STRUCTURE. OR IMPROVEMENT ON THESE LOTS SHALL BE LIMITED TO A MAXIMUM HEiGHT AS PER COUNTY ORDINANCE.

4) ARCHITECTURAL CONTROL COMMITTEE. An Architectural Control Committee (hereinafter called the Committee) is hereby established, initially consisting of Kirk T. Cobb. Brian ft Cobb and Thomas P. Cobb Jr. as the appointees, to serve for a period often (10) years from the date hereof or until their successors shall be appointed and qualify. The Committee shall consist of not less than two (2) persons. Vacancies occurring either before the end of or as a result of the expiration of such ten (IV) year term shall be filled by the person receiving the most votes of lot owners who actually cast timely ballots. Each lot shall be entitled to one vote regardless of how many people may claim an ownership interest in all or any portion of the said lot. 5) COMMITTEE DECISIONS. The Committee shall have the right to disapprove any plans, specifications or details submitted to it as aforesaid. in the event such plans and specifications are not in accord with all the provisions of this Declaration, or if a design or color scheme in the proposed structure is not in harmony with the general surroundings of such lot or the adjacent structure, or if the Committee deems said plans and specifications to be contrary to the spirit and intent of these restrictive covenants, or contrary to the interest and the welfare and rights of the other owners. The decision of the Committee in any of these matters shall be final, and no building or improvement of any kind shall be constructed or placed on any lot in the subdivision without the prior consent of the Committee. Neither the Committee nor any of its members shall be responsible in any manner whatsoever for any defect in any plans or specifications submitted nor as revised by said Committee. or for any work done pursuant to the requested changes of said plans and specifications. The exterior of all buildings on aWlms shall be finished according to plans approved by the Architectural Control Committee within twelve (12) months of start of construction. 6) PLAN SUBMISSION AND APPROVAL BEFORE ANYONE SHALL COMMENCE THE CONSTRUCTION. REMODELING. ADDITION TO. OR ALTERATION OF ANY BUILDING. STORAGE SHED. OUTBUILDING. SWIMMING POOL. WALL. FENCE. TANK. ANTENNA. OR OTHER STRUCTURE OR IMPROVEMENT WHATSOEVER. OR BEFORE INSTALLING ANY LANDSCAPING ON ANY LOT. TWO (2) COMPLETE SETS OF FINAL PLANS SHALL BE SUBMITTED TO THE ARCHITECTURAL CONTROL COMMITTEE. No new structure or improvement of any kind shall be erected. altered. placed or maintained upon any lot unless and until the final plans, elevations and specifications therefore have received such written approval herein provided. Such plans shall include plot plans showing the location on the lot of any structures proposed to be constructed, placed, altered, or maintained, and elevation of same, together with the proposed color scheme for roofs and exteriors thereof, indicating materials for same. The Architectural Control Committee is authorized to charge a fee of not more than $200.00 for review of plans and specifications to be paid at the time of submission of the plans and specifications. Each structure that will use water shall have water conserving fixtures installed. including but not limited to: low-flush toilets. low-flow shower heads, low-flow faucets, water sving dishwashers (appliances) and insulated hot water pipes.

7) GENERAL PROHIBITIONS. THE ARCHITECTURAL CONTROL COMM tHEE WILL NOT APPROVE THE FOLLOWING: A) Translucent or transparent garage doors. B) Choice of exterior colors that do not blend into the natural terrain. C) Manufactured homes, single or double-wide mobile homes, or trailer houses. D) A residence having less than 1500 square feet of livrng area. Living area shall include heated and/or air conditioned areas and shall exclude garages. porches patios. decks and breezeways. All permitted homes that have less than 2000 square feet of living area shall have a deck or porch area equal to twenty percent (20%) of the living area. 8) COMMERCIAL ACTIVITY. No commercial activity of any kind shall be carried on upon any lot, nor shall anything be done on this lot which shall constitute a nuisance to any other lot owner. Commercial kennels and commercial horse boarding shall not be allowed within the property. 9) GARBAGE. No trash or garbage shall be burned on the premises. Garbage shall be placed in covered containers, said containers to be concealed from public view by an attractive enclosure. No construction or building materials may be stored outside or upon the lots after construction is complete. It shall be the responsibility of the owners of the lot, vacant or otherwise. to keep the lots, and all easement areas encompassed within the boundaries of said lot, clear of trash. appliances, inoperative or disabled vehicles, rubbish and noxious materials. JO). TEMPORARY BUILDINGS. No trailer. mobile home. tent. shack, garage or other outbuilding shall be used as a residence, temporarily or permanently. II) UNUSED VEHICLES. No commercial type vehicles, trucks, campers. boats. house trailers, mobile homes, recreational vehicles, or camper trailers shall be visibly parked or stored on any residential lot or tract for an unreasonable period of time (15 consecutive days or 60 non-consecutive days or more in any one year) except in enclosed garages or screened enclosures, nor may any such vehicle be parked on any roadway within the subdivision except while engaged in transport to and from a residence. For the purpose of this covenant a 3/4 ton or smaller vehicle, commonly known as a pick-up truck, shall not be deemed a commercial vehicle or truck. Such vehicle shall be deemed a commercial vehicle or truck when equipped with a camper and shall not be exempt from the restrictions heretofore mentioned in this section. No unused automobiles or vehicles of any kind except as hereinabove provided shall be stored or parked on any roadway within the subdivision except in a closed garage. An 'unused vehicle' shall be deflned as any vehicle that has not been driven under it's own power for a period of fifteen (15) consecutive days or longer. In the event any unused vehicle remains parked on any tract or lot within the property boundaries, the Committee shall have the right to direct it's removal after 48 hours notice to the owner thereof, the expense to be charged against the owner thereof, and such charges shall become a lien upon the recording of a notice of lien and shall be enforceable.

12) LANDSCAPE. Natural vegetation is to be left undisturbed, where practical. on all lots except for access to property. clearing of building sites and establishment of lawns and flower beds adjacent to buildings. Natural vegetation is to be restored to Its original state whenever and wherever possible and landscaping completed within ISO days of completion of the construction of the house. There will be no clear-cutting of trees on any lot. No vegetable farming will be allowed other than small gardens that will produce vegetables for the consumption of the particular lot owner. Desert landscaping is recommended wherever possible. Two complete sets of landscaping plans shall be submitted for approval prior to any landscaping being undertaken Driveways and parking areas shall have a minimum of four inches (4') depth of a base material and a minimum of 14' feet width in place so as to preserve funtion of the drive and parking areas and to preserve public appearance. Any prtivate drive for any lot owner shall be and have the responsibility of any needed culverts for area drainage. All plans for drives shall be submitted to the Committee for approval before construction shall beg fin. 13) DOMESTIC PETS. No animals shall be kept on any lot except domestic cats. dogs. small indoor pets, horses, cattle, sheep or goats. In no case shall more than a total of 5 dogs andi or cats be allowed (per the Torrance County definition of'Kennel'). There shall be allowed no more than I horse allowed on an open 40 acre lot and no more than 4 total horses allowed per lot. When two (2) or more horses are kept on any one lot, they shall be kept in a pen or smaller stable type confinement and be restricted to supplement feeding and not be allowed to open grazing outside of the pen or stable type confined area. Project animals for agriculwrally based clubs and organizations, such as but not limited to: (4-H. public schools agriculture classes and FFA) will be allowed with all mentioned restrictions applying to such project animals. All animals must be kept within a properly fenced boundary and are not allowed to roam outside of their owner's lot. Cattle, horses. sheep and goats must be kept within proper and adequate fencing. which shall be at least S wire (slick or barbed) and or net fencing with posts on a minimum of 15-foot centers. Keeping of these animals will be in accordance with county and city ordinances. No pigs will be allowed. No exotic animals are allowed, including but not limited to ostrich, emu. and llama, without the prior written consent of the Committee. Cattle guards shall be allowed as long as they remain functional for the purpose of containing livestock 14) FIREARMS. Discharge of any type of firearm on the property is strictly prohibited. 15) SIGNAGE. No advertisements, signs. billboards.unsightly objects or nuisance shall be erected, placed or permitted to remain on any of the tracts without the prior written approval of the Committee. 16) DESTRUCTION OF PROPERTY. In the event that any structure is destroyed. wholly or partially by fire or any casualty, such structure shall be promptly rebuilt or repaired to conform to this Declaration, or shall be removed from the lot and the lot restored to it's original condition, except as permitted by the Architectural Control Committee.

() I?) GRANTOR'S RIGHTS. Any and all of the right, title. interest and estate given to or reserved by the grantor herein or on the plat may be transferred or assigned to any person or legal entity by appropriate instrument in writing duly executed by the grantor and recorded in the office of the County Clerk of Torrance County. New Mexico, and wherever the grantors are referred to. such reference shall be deemed to include their successors and assigns. No delays or omission on the part of the undersigned. it's successors or assigns. or of the owners of the lots in said subdivision having the right hereunder to exercise the same, in exercising any right. power or remedy herein provided for in the event of any breach of the restrictions, covenants or restrictions herein contained, shall be construed as a waiver thereof or acquiescence therein: and no right of action shall accrue, nor shall any action be brought or maintained by anyone whatsoever against the undersigned, it's successors or assigns, for neglect to exercise any right, power or remedy herein provided for in the event of breach of said covenants, restrictions or reservations. IS) OWNER'S ASSOCIATION. The original Grantor may establish an owners association in order to manage and maintain any roadways within the subdivision until such time as Torrance County accepts these roadways as public roads. If such an association is formed, it shall be organized by the original Grantor, or with it's approval, and shall be organized as a non-profit organization under New Mexico law. Each owner of a lot within the property shall be a member of the association for as long as such ownership shall continue. The rights and obligations of an owner and membership in an association may not be assigned. transferred, pledged, conveyed or alienated in any way. except upon transfer of ownershipL Of the lot. Multiple owners of a single lot shall be entitled to one vote per lot owned. If an association is formed, the association shall have the obligations and duties of and be subject to this Declaration and may take such actions as may be reasonably necessary to carry out the restrictions, limitations, covenants and conditions of this Declaration. - If an association is formed. the association shall not own or hold title to any real property, but shall manage and maintain the roadways within the subdivision and associated area. The association (or Grantor if no association is formed) may charge an assessment in order to manage and maintain the roadways and associated area, and to carry out other duties set forth in this Declaration. Any general assessment shall be made equally against each lot within the property. Assessments may be made for solid waste collection and the construction and maintenance of water storage facilities and related equipment for fire suppression within the subdivision. Special assessments related to expenses. including attorney's fees and costs. resulting from acts or omissions of a particular owner, his guests or invitees. and penalty assessments imposed in order to obtain compliance with the Declaration may be imposed by the Grantor, it's assigns, or by any owner's association. Any assessment shall be a personal obligation of the owner(s) and a lien against the owner's property. Interest on any unpaid assessment shall accrue at the rate of 18% per annum from the date of assessment. The Grantor, it's assigns, or the owner's association shall recover reasonable attorney's fees in any action to collect unpaid assessments. A lien for unpaid assessments, interest, attorney's fees. costs and expenses may be filed thirty (30) days after due and may be foreclosed thereafter in accordance with New Mexico law.

19) REMEDIES. No party hereto. or any of them. or their grantees. successors in interest or assigns. shall violate or attempt to violate any of the covenants herein provided.. Every act or omission whereby any restriction. covenant or condition of this Declaration is violated in whole or in part is hereby declared to be and to constitute a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative relief. Each owner waives any requirement for the posting of any bond in order to obtain such relief. Any owner of any portion of the property shall have the right to prosecute any action in the proper court to enjoin violations of this Declaration and to recover damages. The Grantor, it's assigns and any owner's association, shall be entitled to recover attorneys fees. costs and expenses. 20) SURVIVAL CLAUSE. Invalidation of any of these covenants shall in no way effect the validity of the other provisions, which shall remain in full force and effect. 21) AMENDMENT. This declaration, or any part hereof. may be repealed or amended upon the written consent of the record owners of sixty-seven percent (67%) or more of the lots within the property. Each lot shall be entitled to one vote. 22) GOVERNING LAW. This Declaration shall be construed in accordance with New Mexico law. 23) NO JOINT VENTURE. The Grantor has agreed to allow the property owned by i to be governed by this Declaration. However, nothing in this Declaration shall be construed to create a partnership, joint venture, or similar joint undertaking by the Grantor with any other person or entity. WITNESS its hand this C day of December. 1999. Kirk T. Cobb. President ACKNOWLEDGMENT STATEOFNEWMEXICO ) ) $5. COUNTY The foregoing instrument was acknowledged before me on December _______. 1999. by: KIRK T. COBB. President of Mission Properties. Inc., a New Mexico corporation. on behalf of said corporation. My comipission expires:I-l-V. . ' NO ARY&BtIC C'': . E4Cii r JTIJtY PI..,.L!C ' rEOFN1WAEX(_O .`c.q Ev'ir4 1Z p')