EXHIBIT B DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND
RESTRICTIONS for ROCKFIRE AT THE LAKE SUBDIVISION Design Standards

These Design Standards provide general guidelines for the creation and development of RockFire At The Lake Subdivision, a community providing a unique mixture of single-family dwellings, secondary dwellings to be used in connection with single-family dwellings, duplexes, and living units appurtenant to primary dwellings for the use and convenience of the owners and occupants of primary dwellings. In order to achieve a traditional neighborhood ambience for RockFire At The Lake Subdivision, each owner shall submit to the approval of the Design Review Committee legible copies of the proposed site plan, elevations, floor plans and specifications, and colors for building materials for the exterior elevations, surfaces and roofs. Furthermore, certain Design Standards have been adopted, including, but not limited to:

1. Residence Design.

(a) Colors, materials, finishes and building forms shall be in conformity with the requirements hereof and integrated with the particular landscape and topographical character of each site.

(b) The site dimensions must be adequate to accommodate the proposed improvements, including the house, parking, drives, and Screening.

(c) Finished grades and elevations must be compatible with neighboring sites, particularly with regard to drainage and views.

(d) The design of each residence shall be subject to the approval of the Design Review Committee and, without limiting the foregoing, shall comply with the following criteria: (i) appropriateness of form, color and materials to design style; (ii) relationship of window to wall and wall to total form (well designed massing); (iii) appropriateness of detailing to form, style and massing, (iv) the proportions of roofs shall be consistent with the proposed architectural style, and (v) porch areas, if provided, shall be integrated into the design and architectural features of each residence.

(e) No turbines or solar panels shall be permitted which can be seen from any street.

2. Construction, Location, and Size Limitations.

(a) No exterior alterations of any existing building may be permitted without the prior approval of the Design Review Committee. No additional windows, platforms, etc. which may invade the privacy of adjacent dwellings are permitted.

(b) No excavation will be made except in conjunction with construction of an improvement. When such improvement is completed, all exposed openings will be back filled and graded.

(c) Once commenced, construction will be diligently pursued to substantial completion within nine (9) months, and it may not be left in a partly finished condition for more than 30 days without written approval from the Design Review Committee.
(d) Residences destroyed by fire or other casualty shall be demolished and removed from the Lot and new construction begun within 120 days after the date of such destruction, and thereafter such construction shall be performed with due diligence through completion.

(e) Minimum square footage requirements for residences shall be established by Developer for each Lot within the Community. Until changed by Developer, with respect to the Lots within the Community, the requirements are as follows:

Type of Residence Minimum Square Footage Requirements

Duplex 1,200 square feet (per unit) on first level

1 Story, Single Family 1,350 square feet on first level

1½ - 2 Story, Single Family 1,500 square feet minimum, with 900 square feet on first level

Porches and garage areas shall be disregarded in computing such square footage. The Design Review Committee may approve the construction of residences with less than the minimum finished living space in special situations. Minimum square footage requirements may also vary for subsequent phases of the Community and the Expansion Property.

(f) All residences and other improvements shall be located on each Lot as approved by the Design Review Committee and in full compliance with any set back lines or restrictions shown on the applicable Plat.

3. Exterior Materials and Colors.

(a) The front elevation of residences located in Block B, Lots 79-90, shall consist of not less than 40% native limestone, similar in color to the original rock home located on Lot 84, of Block B. All other residences located in RockFire At The Lake Subdivision shall be faced on all sides with quality exterior materials (such as brick, wood, lap siding, stone, stucco, simulated brick, simulated stone, or batt and board) as approved by the Design Review Committee. Exposed standard concrete block, or prefabricated metal buildings, will not be allowed. All exterior materials and the color of all exterior materials must be approved, in advance, by the Design Review Committee.

(b) No less than twenty percent (20%) of the surface area of the front elevation of each residence that shall face a street or streets shall be constructed of brick, stone, stucco, or other hard surface masonry material, and must be approved, in advance, by the Design Review Committee.

(c) Window frames other than wood shall be either anodized or electrostatically painted. No unpainted aluminum will be permitted for window framing. Wood frames shall be painted, sealed, stained or have another coating approved by the Design Review Committee.

(d) Exposed foundations shall be painted and those exceeding twelve inches (12") shall be covered with the same quality face material as the residence. Exposed foundations shall not exceed twenty-four inches (24"), unless the owner obtains a variance from the Design Standards.

(e) Roofs shall be (i) cedar shake, (ii) slate, (iii) tile, (iv) concrete, (v) 30-year or better weathered wood-color architectural composition shingles (also known as laminated simulated shake composition shingles), or (vi) dimensional asphalt (excluding 3-tab asphalt shingles which shall not be allowed), but the style, design, and color thereof shall be subject to the approval of the Design Review Committee.

4. Garages. Each residence must have a private, fully enclosed garage for not less than two or more than four vehicles, unless the Design Review Committee shall consent to a greater number. The interior walls of all garages must be finished with quality materials. Garages shall have the same architectural treatment and be constructed of the same materials as the house proper. No garage may be left open to the public street for an extended period of time. No garage will be permitted to be enclosed for living or used for purposes other than storage of automobiles and related normal uses.

5. Driveways. All driveways shall be constructed of high quality finish such as brick, concrete or other permanent material approved by the Design Review Committee.

6. Paved Surfaces. All paved surfaces shall be of high quality finish such as brick, concrete or other permanent material approved by the Design Review Committee. A maximum of 50% hard surface materials will be allowed within the front yard areas on any Lot.

7. Patios. No Screening of a patio or other recreation area will be installed without the written approval of the Design Review Committee.

8. Basketball Goals and Playground Equipment. All basketball goals, playground areas and the equipment associated therewith and Screening therefor must be approved by the design Review Committee. No lighting of a recreation area shall be installed without the prior written approval of the Design Review Committee, and if allowed shall be designed for recreational character so as to buffer the surrounding residences from all lighting.

9. Fences and Walls. No fencing shall be permitted in the Community except as may be allowed by the Design Review Committee. All fencing and walls (including, without limitation, the composition and location thereof) shall be subject to the approval of the Design Review Committee. No chain link or wire fencing shall be permitted. Retaining walls shall be made of natural materials or faced with quality materials approved by the Design Review Committee.

10. Landscape. The general approach to landscape design within the Community is based on: (i) landscape conservation and (ii) uniformity in design appearance. In furtherance thereof:

(a) Written permission is required from the Design Review Committee before removing any trees 4" or over in caliper, except as otherwise approved for the foundation itself. Appropriate construction procedures shall be followed to protect and preserve trees, shrubs and other landscaping which may exist on the construction site or on adjacent or nearby sites. Good examples of mature vegetation should, whenever practical, be saved to give the Community an established feeling. Stockpiling of any building materials, cutting, filling or any ground disturbances shall not be allowed within the drip line of existing trees which are to remain. Runoff and erosion shall be controlled on site during construction while the site is disturbed. All disturbed ground areas of a building site shall be sodded, covered with plants or mulched with approved landscape materials. Landscape improvements as approved by the Design Review Committee shall be installed within sixty (60) days after completion of the residence; provided, however, said 60 day period shall be subject to reasonable extension on account of inclement weather.

(b) Property lines shall not be obviously delineated at the street. No structure, wall, fence, or any other separating device along a property line will be permitted beyond the building lines therefor established from time to time by the Design Review Committee.
(c) Plantings for Lots shall reinforce the natural meadow and woodland character of the Community. Cleared areas should be landscaped with trees, shrubs and lawns designed to compliment the architectural character of proposed buildings in form, location and scale. Plants shall be of advanced maturity and of the highest quality.

(d) A conventional in-ground sprinkler irrigation system shall be installed in accordance with the Applicable Building Codes, to maintain all grass areas in the front yard. In-ground sprinkler irrigation systems for side and rear yards are optional, except for either corner lots or rear yards that are adjacent to streets, parks, or other public amenities, in which event an in-ground sprinkler irrigation systems shall be required for such side yards and/or rear yards.

(e) If, for any reason, construction of a residence has not commenced upon a lot within 24 months following the conveyance of ownership of such lot by Developer to an owner, then prior to the expiration of such 24-month period the owner shall be obligated to seed grass on the lot and, thereafter, maintain all such grass areas on the lot.

11. Yard Lights. All improved Lots must have one properly installed and maintained yard light in the front yard of the Lot, wired to automatically come on at dark and go off at daylight, which meets the specifications to be established by the Developer. The yard light shall be shown on the site plan to be submitted to the Design Review Committee by each owner. The Design Review Committee may approve variances to the yard light specifications in the event of special or unusual circumstances.

12. HVAC. No window or wall air conditioning or heating units will be permitted.

13. Utilities. All utilities shall be placed underground, unless the Design Review Committee has approved a variance to this requirement.

14. Conformity to Plans. Conformity of completed improvements to plans and specifications approved by the applicable Design Review Committee shall be required; provided, however, as to purchasers and encumbrances in good faith and for value, unless notice of non-completion or non-conformance identifying the violating Lot and specifying the reason for the notice, executed by the Design Review Committee shall be Recorded and given to the owner of such Lot within one year following completion of the improvement, or unless legal proceedings shall have been instituted to enforce compliance or completion within said one-year period, the completed improvements shall be deemed to be in compliance with plans and specifications approved by the applicable Design Review Committee and in compliance with the architectural standards of the Community Association and this Declaration, but only with respect to purchasers and encumbrances in good faith and for value.

15. Street Obstructions. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways will be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 15 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street lines extended. The same sight line limitations will apply on any Lot within 10 feet of the intersection of a street property line with the edge of a driveway or alley pavement. No tree will be permitted to remain within such distances of such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines.

16. Construction Period Requirements. During the period that construction is being undertaken on a Lot, the following minimum measures will be required to minimize disturbance to adjacent sites:

(a) Temporary lighting shall follow standards for permanent lighting as described in this Declaration.

(b) No dumping of construction materials, waste or trash shall occur in the Community.

(c) Each Lot shall be maintained in a clean and orderly manner during construction. Erosion shall be controlled on each Lot in accordance with (i) all Applicable Building Codes, and (ii) Developer's erosion control policies, as adopted and/or amended from time to time.

17. Other Limitations. Such other limitations and restrictions shall be established as the Board of the Community Association and Design Review Committee, in their reasonable discretion, shall adopt, including, without limitation, the regulation of all landscaping (including without limitation absolute prohibition of certain types of landscaping, trees and plants), construction, reconstruction, exterior addition, change or alteration to, or maintenance of, any building, structure, wall or fence, including, without limitation, the nature, kind, shape, height, materials, exterior color, surface texture; and location of any such improvement.

18. Variances. Notwithstanding anything herein to the contrary, the Design Review Committee shall have the right and discretion to grant variances to these Design Standards in its sole and absolute.

EXHIBIT C DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS
for ROCKFIRE AT THE LAKE SUBDIVISION Use and Occupancy Restrictions

The Use and Occupancy Restrictions ("restrictions") hereinafter set forth are hereby established in the Community, and shall apply to the Community the same as if set forth in the Declaration word for word. In the event of any conflict between these restrictions and the Declaration, the Declaration shall prevail.

1. Residential Use. Each Lot within the Community may be used only for single-family or multi-family residential purposes in accordance with the applicable zoning, and for no other purpose; provided, however, that (i) secondary dwellings (either attached or detached) shall be permitted on any Lot, subject to approval by the Design Review Committee and as shown on the Development Plan; (ii) the Community Association office and Developer's office shall be permitted as shown on the Development Plan, and Developer's office and other Lots and properties owned by Developer may be used for such purposes as Developer shall determine, in Developer's sole discretion; and (iii) the recreational facilities, nature areas, and open space shall be permitted in the locations generally shown on the Development Plan or in such other locations within the Community determined by Developer, from time to time, in Developer's sole discretion. Except as expressly provided herein, no business or commercial building may be erected on any Lot and no business or commercial enterprise, or other non-residential use, may be conducted on any part thereof, without the prior written consent of Developer. No temporary buildings, structures, or trailers may be erected, placed or maintained on any Lot, except as expressly permitted by, and in compliance with, the Design Standards. Nothing herein contained shall be deemed to limit Developer's rights as set forth in Article XIV.

2. Signs. No permanent or temporary sign of any kind shall be displayed to the public view, or from any Lot, without the approval of the Community Association of the Design Review Committee, except for the following temporary signs ("Permitted Signs"): (a) signs as may be used by Developer and listing brokers in connection with the development and sale of Lots in the Community; (b) signs as may be used by a general contractor in connection with houses under construction on Lots in the Community (provided, however, that the general contractor shall be limited to a single sign on each such Lot, and signs or other advertising by subcontractors, lenders, etc. shall not be permitted on any Lot); (c) signs as may be required by legal proceedings, or the prohibition of which is precluded by law; (d) signs advertising the Lot as being for sale; or (e) signs promoting political candidates but only 30 days before and five days after the day of election. Permitted Signs shall not exceed five square feet in total area or be more than three feet in height.

3. Animals. No animals, including horses or other domestic farm animals, livestock, fowl or poisonous reptiles (referred to collectively as "animals") of any kind may be kept, bred, or maintained, on any Lot, except a reasonable number of commonly accepted household pets in accordance with the Community Association Rules. No animals shall be kept, bred or raised within the Community for commercial purposes. In no event shall any animal of any nature exceed a density of 3 animals of any one species on any Lot. In no event shall any domestic pet be allowed to run free away from its owner's Lot or so as to create a nuisance.

4. Nuisances. No Owner shall permit or suffer anything to be done or kept about or within his or her Lot, or on, or about, any portion of the Community, which will obstruct or interfere with the rights of any Owners, Occupants, or Persons, or annoy them by unreasonable noises, or otherwise, nor will he or she commit, or permit any nuisance, or commit, or suffer any illegal act to be committed therein. Each Owner shall comply with the Community Association Rules and the requirements of all health authorities and other governmental authorities having jurisdiction over the Property.

5. Location and Parking of Motor Vehicles and Boats. No motor vehicles, including trailers, motorcycles, buses, motorhomes, campers, recreational vehicles, trucks, and automobiles shall be parked on any street or alley within the Community other than for the temporary convenience of the Owners or Occupants, or for the non-overnight visitation of guests and invitees of Owners and Occupants. No trucks or commercial vehicles shall be stored or parked on any Lot, or part thereof, except while parked in a closed garage. No vehicles shall be repaired (except minor repairs) or rebuilt on any Lot. The Community Association shall have the authority to make rules and regulations pertaining to parking on public or private streets and alleys, and to cause to be removed from any public or private street or alley, any unauthorized vehicle or other item parked or stored on a street or an alley in violation of this Declaration or the rules and regulations. Such removal shall be at the expense of the Owner and may be charged to such Owner as a special assessment pursuant to the provisions of this Declaration. Notwithstanding anything in this Declaration or the Development Plan to the contrary, Developer reserves the right to restrict and limit parking within the Community to one side of the streets.

6. Lights and Christmas Lights. No spotlights, flood lights, or other lighting, shall be placed or utilized upon any Lot in a manner which unreasonably interferes with the enjoyment of adjoining Lots. Exterior lighting triggered by photo cells and/or motion detectors shall be allowed, provided that such exterior lighting shall not unreasonably interfere with the enjoyment of adjoining Lots. All exterior lighting shall have a concealed energy source and a white color within the range of 2700E to 4500E K. Golden, yellow, blue or reddish colors are not permitted. Except for seasonal decorative lights, which may be displayed between November 15 and January 15 only, and which do not unreasonably interfere with the enjoyment of adjoining Lots nor constitute a nuisance, no exterior lighting shall be installed or maintained on any Lot if the Design Review Committee shall object thereto. All improved Lots must have two properly installed and maintained lights located on either side of the garage entry doors (or post lights) which meet the following specifications: photocell activated with white color. The Design Review Committee may modify these yard-light specifications or approve variances to these yard-light specifications only if the Hadco lantern and post specified are no longer commercially available or in the event of other special or unusual circumstances.

7. Antennas. No external radio, television or other antennas of any kind or nature (including, but not limited to "satellite dishes") larger than two feet in diameter or other device for the reception or transmission of radio, microwave or other similar signals, shall be placed or maintained upon any Lot without the prior approval of the Design Review Committee. All such antennas or other devices shall be completely Screened from view outside the Lot.

8. Garbage. No garbage or trash shall be kept, maintained or contained in any Lot so as to be visible from another Lot. No incinerator shall be kept or maintained on any Lot. No refuse pile, garbage or unsightly objects shall be allowed to be placed, accumulated or suffered to remain anywhere on a Lot. Trash shall be placed in such designated locations and containers as may be established from time to time in the Design Standards.

9. Mining. No portion of the Community shall be used in any manner to explore for or remove any water, oil or other hydrocarbons, or minerals of any kind, or earth substance of any kind.

10. Safe Condition. Without limiting any other provision in this Exhibit C, each Owner shall maintain and keep his or her Lot at all times in a safe, sound and sanitary condition and repair, and shall correct any condition or refrain from any activity which might interfere with the reasonable enjoyment by other Owners of their respective Lots. All improvements on a Lot which are damaged by or destroyed by fire or other casualty shall be repaired and restored by the Owner thereof with due diligence.

11. Basketball Goals and Playground Equipment. No basketball goals shall be attached to any part of a building that shall face any street, nor shall any basketball goal be placed in the front yard of any Lot. All basketball goals shall be in the rear yard area of a Lot, and shall be glass construction (clear), free standing (i.e., attached on separate poles). Generally, at least partial evergreen Screening shall be required behind any such basketball goal and for all playground equipment. All such goals, outdoor playground equipment, swingsets, slipper-slides, monkey-bars, and similar devices are subject to the approval of the responsible Design Review Committee. All such playground equipment must be placed to the rear of the lot to the extent practical, if approved by the Design Review Committee.

12. Clotheslines. No portion of any Lot shall be used as a permanent drying or hanging area for laundry of any kind, it being the intention hereof that all such facilities shall be provided within the buildings to be constructed on each Lot, provided, however, that temporary, retractable clotheslines approved by the Design Review Committee are permitted.

13. No Further Subdivision. No Lot or Lots shall be divided, subdivided or replatted without the prior written approval of Developer, which approval may be withheld in Developer's sole and absolute discretion.

14. No Obstructions to Drainage. No Owner shall erect, construct, maintain, permit or allow any fence or other improvement or other obstruction which would interrupt the normal drainage of the land or within any area designated on the Plat, or other binding document, as a "drainage easement," or which has been intentionally contoured to facilitate drainage, except that, with the prior consent of the City and the Design Review Committee, nonpermanent structures, including fences, may be erected in those areas which contain only underground closed conduit storm drainage facilities.

15. Outbuildings. No building or other detached structure may be erected on any Lot without the consent of the Design Review Committee or as otherwise provided on the Development Plan.

16. Above-Ground Pools. All above-ground or above-grade swimming pools shall be located in the rear yard area of a Lot. Generally, at least partial evergreen Screening shall be required for all above-ground or above-grade swimming pools. All above-ground or above-grade swimming pools are subject to the prior approval of the Design Review Committee.

17. Storage Tanks. No exterior storage tank for fuel or anything else shall be allowed on any Lot.

18. Garage Doors. Garage doors shall be kept closed except when opened for the removal or the parking or replacing of a vehicle or other item from the garage.

19. Rental of Lots. An Owner who leases his or her Lot to any Person shall be responsible for assuring compliance by his or her lessee with all of the provisions of this Declaration, the Design Standards, and the Community Association Articles and Bylaws, all as amended and supplemented from time to time, and shall be jointly and severally responsible for any violations by his or her lessee thereof.

20. Solar Panels. Solar panels shall not be erected without the prior written consent of the Design Review Committee, and in no event shall the same face any street.

21. Lawn Ornamentation. No lawn ornaments of any kind are permitted in yards visible from any street without written prior approval from the Design Review Committee. Pergolas and trellises shall be permitted, subject to the written prior approval of the Design Review Committee.

22. Landscape and Lawn Care. All Lots shall be landscaped in accordance with a plan, submitted by the Owner, to be approved in writing by the Design Review Committee. Such landscape plan shall include information regarding type of sodding, seeding, trees, hedges and shrubs, and information regarding other customary landscape treatment for the entire Lot, including fences of uniform design, walls, Screening, surface water drainage, and sprinkler irrigation systems. As used herein, the phrase "fences of uniform design" shall consist of 1" x 6" dog-ear cedar fencing, alternating sides, with 4" x 4" posts (set in concrete no more than 10 feet on center) and 2" x 6" stringers. Any other information required by the Design Review Committee pertaining to landscaping shall also be submitted and require approval of the Design Review Committee. All landscaping shall be undertaken and completed in accordance with such approved plan, and such plan may not be altered, amended or revised without written approval of the Design Review Committee. The approved landscape plan shall be completed within six (6) months after the completion of the dwelling to be constructed on the Lot. Each Owner, at his or her own expense, shall maintain the landscaping and lawn area within his or her own Lot. Lawns shall be maintained at a height of no more than four (4) inches, and shall be fertilized and treated for pests and weeds as necessary, but not less than annually. Duplex lawns on the same Lot shall be mowed at the same time, to the extent reasonably possible. An easement is hereby created in favor of the Community Association, and its agents, to enter on, over and under each Lot for the purpose of maintaining and correcting landscaping, lawns, and surface water drainage to comply with the landscape plan and any applicable ordinances of the City of Topeka, Kansas. Such easement shall include the right, after reasonable notice to the Lot Owner, to plant, trim, cut and remove any grass, trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary for such purposes. The reservation of an easement and right under this paragraph shall in no way be construed or interpreted to imply or impose an obligation on the Community Association to maintain and correct the landscaping, lawn, and drainage of surface water on or within any Lot.

23. Unfinished or Damaged Building. No building shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after commencement of construction. In the event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than six (6) months after the date of damage.

24. Overhead Wires Prohibited. No power, telephone service, or cable television connection lines may be erected or maintained above the surface of the ground on any of the Lots, except such power, telephone service, or cable television connection lines, or their replacements, that may exist on the date of this Declaration.

25. Violation of Law or Insurance. No Owner shall permit anything to be done or kept on his or her Lot, or in, or upon any Common Maintenance Areas, which will result in the cancellation of any insurance thereon or, which would be in violation of any law. In the event that any law is more restrictive than the provisions hereof, such law shall govern.

26. Building Setbacks. Developer reserves the right to impose minimum building setbacks upon any of the Lots, from time to time, more stringent than standards established by the City of Topeka. These additional minimum setbacks will be established as a means to control the overall visual impact from the street. Minimum building setbacks established by Developer, especially for unique lots, may vary from typical standards.

27. Secondary Residences. Secondary residences (either attached or detached) are permitted on each Lot, provided, however, that the size and configuration of each such Lot shall reasonably accommodate the proposed secondary residence(s). Guest residences shall have the same architectural treatment and be constructed of the same materials as the residence proper, and are subject to approval by the Design Review Committee. Secondary residences shall be permitted only on those lots as shown on the Development Plan, shall have the same architectural treatment, and be constructed of the same materials as the Primary Residence on a lot, and shall be subject to approval by the Design Review Committee.

28. Modification. The Community Association may further restrict, modify or waive the foregoing restrictions or otherwise restrict and regulate the use and occupancy of the Community and the Lots by reasonable rules and regulations of general application within the Community adopted by the Community Association Board from time to time which shall be incorporated into the Community Association Rules.

29. Leasing. No Lot or residence thereon shall be rented for transient purposes, or, without the prior written approval of the Community Association Board or Developer, to more than three (3) persons who are not related by blood or marriage. No Owner shall be entitled to rent his Lot or residence thereon if he is delinquent in the payment of any Assessment required by this Declaration. Any lease or rental agreement pertaining to a Lot or residence thereon shall be approved by the Community Association Board or Developer prior to any lessee or tenant taking occupancy thereunder. All leases or rental agreements shall contain a provision to the effect that the rights of the tenant to use and occupy the Lot or residence thereon Lot or residence thereon shall be subject and subordinate in all respects to the provisions of this Declaration, the Community Association Bylaws, and to the Community Association Rules. The provisions of this paragraph shall not apply to any institutional mortgagee who obtains possession of a Lot or residence thereon as a result of any remedies provided by law or in the mortgage, as a result of a foreclosure sale or other judicial sale, or as a result of any proceedings, arrangement, or deed in lieu of foreclosure.

30. Enforcement. The Community Association, Developer, or their authorized agents may enter any Lot on which a violation of these restrictions exists and may correct such violation at the expense of the Owner of such Lot. Such expenses and such fines as may be imposed pursuant to the Declaration or the Community Association Rules shall be a Special Assessment secured by a lien upon such Lot enforceable in accordance with the provisions of Article V of the Declaration. All remedies described in Article XV of the Declaration and all other rights and remedies available at law or equity shall be available in the event of any breach by any Owner, Occupant or other Person of any provision of these restrictions.

31. Variances. Notwithstanding anything herein to the contrary, the Design Review Committee shall have the right and discretion to grant variances to these Use and Occupancy Restrictions in its sole and absolute.