AMENDMENT OF PREVIOUS DECLARATIONS OF PROTECTIVE COVENANTS AND SUBDIVISION INDENTURES AND DECLARATION OF PROTECTIVE COVENANTS AND SUBDIVISION INDENTURES

FOR

OAK CREEK PARKWAY SUBDIVISION,

OAK CREEK PARKWAY SUBDIVISION FIRST ADDITION,

SECOND ADDITION TO OAK CREEK PARKWAY SUBDIVISION,

THIRD ADDITION TO OAK CREEK PARKWAY SUBDIVISION,

AND

FOURTH ADDITION TO OAK CREEK PARKWAY SUBDIVISION

This document amends the previous declaration of

protective covenants and subdivision indentures of

Oak Creek Parkway Subdivision,

Recorded at Book 225, Page 1930, Stone County Recorder of Deeds

Oak Creek Parkway Subdivision, First Addition,

Recorded at Book 276, Page 1868, Stone County Recorder of Deeds

Second addition to Oak Creek Parkway Subdivision,

Recorded at Book 251, Page 1346, Stone County Recorder of Deeds

Third Addition to Oak Creek Parkway Subdivision,

Recorded at Book 314, Page 1449, Stone County Recorder of Deeds

and

Fourth Addition to Oak Creek Parkway Subdivision,

Recorded at Book 458, Page 1529, Stone County Recorder of Deeds,

being subdivisions in and to Stone County, Missouri, (‘these Restrictions’), is entered into on ________________ 2006 by all of the Owners of the lots in some of said subdivisions, by affirmative vote of more than 75% of the lots of some of said subdivision whose original Declarations of Protective Covenants and Subdivision Indentures provide for amendment by such manner, and by the original Developer of each subdivision.

The foregoing Owners of the lots in said subdivisions, and the original Developer of each subdivision, do hereby impose protective covenants and restrictions as hereinafter set forth upon the following described real property located and being situate in Stone County, Missouri, and described in the original subdivision indentures set out above.

The subdivisions listed above were platted separately and were governed by the several sets of Protective Covenants and Subdivision Indentures described above.

From and after recording of these Restrictions, all of the subdivisions listed above shall be considered as though they were platted as the same subdivision, and shall be governed by this Document.

Chapter 1 - Assignment of Developer's Rights.

1.01 Each developer of each subdivision described on the first page of this Document, herein collectively referred to as ‘the Developer’, hereby convey, transfer and set over to the Oak Creek Parkway Property Owners Association, a Missouri not-for-profit corporation, all of the rights, benefits, powers, reservations, privileges, duties and responsibilities heretofore reserved by or granted to each such developer, and hereafter the Oak Creek Parkway Property Owners Association, a Missouri not-for-profit corporation, shall have the rights of each such developer with respect to the assigned rights, benefits, powers, reservations, and privileges. The Oak Creek Parkway Property Owners Association, a Missouri not-for-profit corporation, and its successors and assigns shall have the right and authority to further assign, convey, transfer and set over the rights, benefits, powers, reservations, and privileges, hereunder, whether previously belonging to each such developer, or otherwise.

Chapter 2 - Definitions.

2.01 The following words, when used in these Restrictions (unless the context shall prohibit), shall have the following meanings:

a. ‘Board’ shall mean the Board of Directors of the Oak Creek Parkway Property Owners Association (POA), which shall be the governing entity of the POA.

b. Business/Commercial activity is one that has exterior signage directing customers to the house, and/or business that receives customers or the general public on a continuing basis. In-home offices used by salesmen, or in-home businesses that do not have signage or customer traffic do not qualify as business under this definition.

c. ‘Commission’ shall mean the Clean Water Commission of the State of Missouri and the Missouri Department of Natural Resources (DNR) and their successors as may from time to time be created by law.

d. ‘Developer’ shall mean each developer of each subdivision described on the first page of this Document, herein collectively referred to as ‘the Developer’, and any subsequent recorded additions to said subdivisions or any additional platting or replatting of said subdivisions.

e. ‘Lot’ shall mean any numbered plat or tract of land shown upon any recorded plat of the subdivisions described on the first page of this Document, including any subsequent recorded additions to said subdivisions or any additional platting or replatting of said subdivisions.

f. ‘Owner’ shall mean all holders of record of any interest or divided or undivided interest, whether one (1) or more persons or entities, of the fee simple title to any Lot in the Subdivisions but, notwithstanding any applicable theory of mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure.

g. ‘POA’ or ‘Property Owners Association’ or ‘Association’ shall mean the Oak Creek Parkway Property Owners Association, a Missouri not-for-profit corporation incorporated on March 20 2006, its successors and/or assigns.

h. ‘These Restrictions’ shall mean this document.

i. ‘Properties’ or ‘the Properties’ shall mean all of the properties within the subdivisions listed on page one of this Document; and any subsequent recorded additions thereto or any additional platting or replatting thereof.

j. ‘Sewer System’ shall mean the wastewater disposal system and all sewer lines, pipes, fittings, valves, motors, tanks, pumps, and other necessary components of the system.

k. ‘Subdivision’ or ‘the Subdivision’ shall refer to the subdivisions listed on page one of these Restrictions, collectively.

l. ‘Water System’ shall mean the water supply system and all pumps, motors, tanks, towers, lines, pipes, fittings, valves, and other necessary components of the system.

Chapter 3 - General.

3.01 a. The following reservations, restrictions, conditions, and covenants, any and all of which are hereby termed ‘Restrictions’ or ‘these Restrictions’, are made jointly and severally for the benefit of all and shall be binding upon the present title holders of said lands as well as all other persons or entities who may from time to time own, hold, lease, rent or purchase said lands, or any part thereof, and their respective heirs, assigns and successors.

b. These restrictions shall operate as covenants running with all Lots and lands within the Subdivision, into whatsoever hands all or any part of them shall come.

c. These Restrictions are hereby made and declared to be easements and cross-easements annexed to said lands, and this shall be so whether or not any of these Restrictions are omitted from the deed or instrument of conveyance to said lands, or any part thereof; each provision of these Restrictions shall be viewed independently and in the event that any provision in these Restrictions is declared void or for any reason unenforceable, the validity and binding effect of any other provision of these Restriction shall not be thereby impaired or affected.

d. These Restrictions shall not be so construed that the waiver or failure to enforce any breach of any provision of these Restrictions shall be considered as waiving the observance or validity of the right of enforcement of any subsequent breach for same or other provisions of these Restrictions.

e. Each Owner covenants to comply with, or cause compliance with, all covenants, requirements, and obligations contained herein, and with all rules and regulations promulgated by the POA.

f. The POA, through the Board, or the Owner of any Lot, may enforce these Restrictions by suit, injunction, or other proceedings at law or in equity against any present or future party or parties infringing, violating, or failing to abide by, these Restrictions, and in addition thereto may recover damages therefor, together with an award of reasonable attorney's fees and for costs of suit and for such other relief, as the court deems just.

3.02 In addition to the powers of the Board, or the POA, or any Owner, to enforce these covenants and restrictions, the provisions herein relating to the sewer system, provision of sewage treatment and disposal services and facilities and making and collection of assessments for such purposes may be enforced in a proceeding at law or in equity by the Clean Water Commission of the State of Missouri, the Missouri Department of Natural Resources (DNR), and their successors as may be created by law from time to time, as beneficiaries of such provisions.

3.03 Each Lot shall be subject to each obligation, charge, fee, assessment, or special assessment that is authorized in these Restrictions.

Chapter 4 – Building and Use Restrictions.

4.01 No Lot shall be used for any purpose other than private, single-family residential structures. No business, professional or commercial activity of any nature shall be carried on upon any Lot, nor shall any advertising signs or advertising activity be permitted upon any Lot for business, professional, or commercial activities.

4.02 All signs in the subdivision must comply with the following criteria and conditions:

a. Each Lot is allowed one (1) advertising sign with a surface area of no more than six (6) square feet, for the purposes of advertising for sale or lease the particular Lot whereupon said sign is to be located.

b. Each Lot is allowed one (1) sign per Lot of no more than sixteen (16) square feet of surface area may be displayed by builders to advertise the house or Lot during the construction and sales period.

c. Each Lot is allowed one (1) sign, not to exceed four (4) square feet of surface area, of a permanent nature that may contain the name of the Owner and the address of the Lot.

d. All signs, permanent or temporary, must be kept in a good and clean condition, and in an upright and supported position.

e. The POA may erect signs in manner, shape, size, and location, of either a permanent or temporary character, as deemed necessary by the POA for security or informational purposes.

4.03 No Lot may be further subdivided, and no Owner may convey less than an entire Lot, or any easement or interest therein. Nothing herein shall be deemed to prohibit or limit the conveyance of a Lot to multiple Owners.

4.04 Only single-family residences of a "traditional construction" type may be constructed or erected in the subdivision, and not more than one (1) such single-family residence may be constructed on any Lot, with all construction activity to be completed within six (6) months of commencement. ‘Commencement’ is defined as the day ‘site work’ or excavation begins, except for permitted outbuildings.

4.05 All residences constructed in the Subdivision shall contain at least one thousand four hundred (1,400) square feet of heated living area on the main level, and such structure shall further include a two (2) car garage, the size of which shall not be less than four hundred (400) square feet, and will not be included in the measure of minimum heated living area. All square-footage requirements are exclusive of garages, open porches, carports, terraces, outbuildings, and decks.

4.06 No mobile home, modular home, styrofoam block homes, prefabricated homes, or similar non-traditional construction shall be constructed, transported, affixed or allowed to remain on any Lot.

4.07 One (1) detached outbuilding not larger than three hundred (300) square feet on the main level, may be constructed on each said Lot, where the same does not conflict with the various easement and setback requirements as set forth below. All outbuildings shall be constructed in such a manner and using such materials that are similar in quality and aesthetically consistent with the main residence.

4.08 Driveways must be surfaced with blacktop, concrete, chip-and-seal or gravel, and at their joiner with the street, must be tiled with concrete or metal culvert or ‘tinhorn’ a minimum of twelve (12) inches in diameter and larger if necessary.

4.09 All structures shall be set back from the street frontage a minimum of twenty-five (25) feet, from the back lines a minimum of twenty-five (25) feet, and from the side Lot lines a minimum of ten (10) feet.

4.10 No Lot shall be further subdivided, and each Lot shall be limited to one (1) single-family residence and one (1) outbuilding, except to the extent that these Restrictions or any provision hereof may be amended or terminated as set forth herein, subject to the provisions of Section 4.11

4.11 The Owner of two (2) contiguous Lots sharing at least one (1) common boundary line, other than a common corner, may build a residence across said common boundary line. In such event, only one (1) residence and one (1) outbuilding are allowed on the two (2) contiguous Lots. Further, as to such common boundary line, the setback requirements as to such line, in the event of construction, shall not be effective. The Owner constructing across said boundary line shall be deemed to consent to a reasonable easement for utility and similar purposes in such site on both Lots as shall be necessary to serve the interests of the subdivision, in the discretion of the Board, and in such places as shall be determined by the Board. Further, Owner shall be entitled to vote only as one (1) Lot rather than two (2) Lots, and the total number of votes allowable for any voting measure shall be reduced by one (1).

4.12 Easements for the installation and maintenance of utilities, water, sewer, electricity, telephone, cable television, drainage, maintenance, and/or any other purposes or services authorized by the Board, are reserved over, upon, along and under the land lying within ten (10) feet of any boundary of each Lot.

4.13 The POA shall have for itself, and its successors and assigns, the right to locate, erect, construct, maintain and use, or authorize the location, erection, construction, maintenance and use of, drains, pipelines, sanitary and storm sewers, gas and water mains and lines, electric, telephone and cable television lines and other utilities, and to give or grant rights-of-way or easements therefor, over, under, upon and through all easements, rights-of-way and common areas, and ‘Reserved Areas’ shown on the recorded plat(s) of the subdivision. Upon approval by the Board, any easement, rights-of-way, or setback (whether front yard, rear yard, or side yard) shall inure to the benefit of one or more utility companies for purposes of installing, maintaining, or moving any utility lines or services. All easements, rights-of-way, or ten-foot boundary reservations created under the plats of the subdivisions or in this document shall inure to the benefit of the POA, and each Lot in the Subdivision, as cross easements for utilities and/or maintenance.

4.14 The POA shall have for itself, and its successors and assigns, an easement over and through all portions of each Lot for the purpose of performing the duties of the POA and maintaining roads, sewer system, water system, common areas, ‘Reserved Areas’, other amenities of the POA, and/or other present or future property of the POA

4.15 No building material of any kind or character shall be placed or stored upon any Lot for more than 21 days prior to commencement of improvements, and then such materials shall be placed within the property lines of the Lot where the improvements are to be erected, and shall not be placed in the streets or between the roadbed and the property line.

4.16 No structures of a temporary character, including recreational vehicles, trailers (including travel trailers), tents, or shacks, shall be used for residences, nor shall they be placed or allowed to remain on the premises.

4.17 All structures, including residences and outbuildings, will be sheathed in vinyl siding, hardwood siding, finished stucco, and/or brick. No tarpaper siding or asphalt siding shall be used on the exterior of any building constructed.

4.18 All Lots shall kept and maintained in a manner and to an extent aesthetically in keeping with others in the subdivision by specifically keeping all lawns mowed and landscaped, weather permitting, to the satisfaction of the Board.

4.19 No noxious or offensive activities shall be carried on from any Lot nor shall anything be done thereon which may be or may become annoying or a nuisance to the subdivision.

4.20 No sound, loud music, or other noises shall be emitted from any Lot that is unreasonably loud or annoying.

4.21 No light will be emitted from any Lot that is unreasonably bright on other Lots or causes unreasonable glare on other Lots.

4.22 No wrecked, abandoned, discarded or junked vehicles, trailers, boats, watercraft, equipment or materials of any kind shall be placed on or be permitted to remain on any Lot. Boats, trailers, motor homes, and other types of recreational vehicles and equipment shall be stored in the garage of or behind the residence so that it is out of public view. Vehicles shall not be parked in front of the residence on the lot’s non-driveway areas such as grass except for special occasions when additional temporary parking is needed.

4.23 The height of any building constructed will not exceed thirty-two (32) feet from grade level at the lowest level to the peak or ridge of the roof, including fireplace chimney or enclosure.

4.24 All trash, garbage, rubbish, and other waste shall be stored in sanitary containers. Any equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition, with the lid placed firmly thereon. No incinerators are permitted. Curbside pickup of trash is allowed only at the discretion, and with the approval of, the Board

4.25 No "four-wheelers", all-terrain-vehicles, scooters, go-carts, unlicensed motorcycles or motorbikes, may be operated within the subdivision.

4.26 All residences and outbuildings shall be constructed and maintained in a good state of repair, and in accordance with the standards established in the subdivision.

4.27 No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except a collective total of three (3) dogs, cats, or other household pets, provided that they are not kept, bred or maintained for any commercial purpose and so long as they do not constitute a public nuisance or danger.

4.28 The term 'household pets' specifically does not include breeds or descriptions of types of household pets that, in the Board’s discretion, have vicious or undesirable traits.

4.29 Household pets kept on the premises must be kept within the Lot boundary lines, unless they are on a leash and accompanied by a person.

4.30 No fence, structure, lighting fixtures, patios, terraces, grading or excavation shall be placed, erected, or maintained upon any Lot in such manner, or in such location, as to interfere with the natural beauty of the land, the sight lines, use and enjoyment of neighboring Lots, or drainage of the affected areas.

4.31 No improvement shall be erected, placed or altered on any Lot until the construction plans and specifications and a site plan showing the location of the improvements have been approved by the Board. Such approval shall extend to quality of workmanship and materials; harmony of exterior design and color with existing structures; sight lines of other residences; location with respect to topography, finished grade elevation and set-back lines, including fences and walls.

4.32 The approval or disapproval of plans and specifications by the Board shall be in writing, given within thirty (30) days after submission. No construction or excavation of any type will be commenced until approval of the plans, locations, and specifications have been given.

4.33 If the Board fails to respond within said thirty (30) days, then the said plans and specifications shall be deemed to be approved; however, any Lot Owner shall have the right to pursue injunctive or other relief against the Owner constructing the new improvements, pursuant to these protective covenants.

4.34 Builders and contractors of new homes shall post a bond to cover damages that occur during construction, such as road damage. The amount of the bond shall be determined on a case-by-case basis by the Board.

Chapter 5 - Enforcement of Restrictions.

5.01 The Board, or it successors, shall be responsible for the enforcement of these covenants and for the collection of assessments, charges, or fees as contemplated hereby or in any roadway or water well agreements.

5.02 The Board, or its successors, may seek to enforce any alleged violation of these covenants, in the said parties individual capacity, and shall be entitled to the recovery of all reasonable costs incurred, including attorney fees.

5.03. Invalidation of any one (1) of these covenants or restrictions or any sentence, phrase or word thereof by judgment of court or otherwise shall in no wise affect other provisions which shall remain in full force and effect.

5.04 The Board, or its successors, has the authority to exclude any Owner from use of the Common Properties or services during any period in which which any Lot or Owner is in violation of the rules or regulations, or is delinquent in the payment of fees or assessments;

5.05 The Board, or its successors, has authority to bring any action in law or equity to enforce the provisions of these Restrictions and any additions and amendments thereto, and the rules and regulations adopted by the POA.

5.06 The Board, or its successors, has authority to impose liens and/or enforce lien rights under these Restrictions.

5.07 The Board, or its successors, has authority to enforce such rules and regulations as are enforceable upon the POA by the Missouri Department of Natural Resources, the Stone County Sewer District, or any other government entity with jurisdiction over the POA or the real property subject to this Document.

Chapter 6 - Property Owners Association (POA).

6.01 Oak Creek Parkway Property Owners Association, a Missouri not-for-profit corporation incorporated on March 20 2006, its successors and/or assigns, shall be the property owners association (POA) for the subdivision.

6.02 The said POA shall care for and maintain the common areas and ‘Reserved Areas”, including detention basins, all entry and landscape features, maintenance of the entry, landscape, and road signage. Said responsibility may include but not be limited to maintaining in an attractive manner the landscaping in the area, seeding and mowing when needed, mulching, keeping the signage and the electrical lighting, involved with the signage in an attractive and operative state of repair and to do those things which in the opinion of the POA will beautify and enhance the subdivision and the entrance way(s) into the subdivision.

6.03 The POA shall have all the rights, powers, and duties established, invested or imposed pursuant hereto, by its Articles of Incorporation, its duly adopted By-Laws, and the laws of the State of Missouri applicable with respect to Missouri not-for-profit corporations. Among other things, the POA shall have the power to borrow funds, pledge assets and receivables, arbitrate disputes, levy and collect assessments, maintain reserves, enter into contracts with the any person or entity, and make such other actions as the Board deems appropriate in fulfilling the purposes of the POA.

6.04. Within thirty (30) days after the owners of seventy five percent (75%) of the Lots execute these Restrictions, the Oak Creek Parkway Property Owners Association, a Missouri not-for-profit corporation (POA), shall be organized, and its officers and directors shall be elected.

6.05 The vote to elect officers and directors may be conducted as follows:

a. by written documents signed by seventy-five percent (75%) of then-existing Lot ownership, with each Lot having one (1) vote; or

b. by vote at a meeting of the POA. All elections and voting on any issue relative to the POA (to the extent that the same does not violate any statute or regulation), may be by way of Proxy.

6.06 Every Owner of a Lot is entitled to be a member of the POA. Membership in the POA shall be appurtenant to and may not be separated from ownership of any Lot.

6.07 All members of the POA shall be entitled to one (1) vote for each Lot owned, except as more particularly provided for herein. When more than one (1) person holds an interest in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot.

6.08 The POA shall have a President, a Vice President, a Secretary, and a Treasurer.

6.09 The POA shall be governed by a Board of Directors (‘the Board’), which shall consist of the President, the Vice President, the Secretary, and the Treasurer.

6.10 Persons may be nominated as an officer/director, formally or informally.

6.11 The Board may promulgate such rules, regulations and by-laws consistent with this Document, which in the Board’s sole discretion shall be reasonable and necessary to effectuate its obligations either created hereunder, by statute, regulation or otherwise.

6.12 Any costs after the initial incorporation shall be apportioned equally to each Lot, subject to lien rights, and shall be determined by the Board.

6.13 Officers and directors shall take office immediately upon election, and shall serve for a term of one (1) year, or until their successors are elected.

6.14 All elections and voting on any issue relative to the POA (to the extent that the same does not violate any statute or regulation), may be by way of Proxy.

6.15 Proxy forms may be sent to at least one Owner of each Lot at least two (2) weeks before any election or vote on an issue.

6.16 In the event that the Owner fails to appear at the vote or fails to assign the proxy in favor of a party, then the Board may then exercise such proxy, or may delegate another Owner to exercise such proxy at the election or vote upon an issue.

6.17 After the first election, all future elections of the Board shall be on the fourth (4^th) Saturday in May at 1:00 p.m., or at another time, as the Board shall designate, and at such place as the Board may designate.

6.18 The Board shall from time to time establish or revise the POA’s budget.

6.19 The Board shall be authorized from time to time to employ such agents, servants, and employees as they may determine necessary, and may employ counsel to prosecute or defend suits or actions for or against the POA, the Board, the Officers, and/or any agents of the POA.

6.20 The Board shall be authorized to contract for and obtain any policies of insurance and/or surety bonds, as it may deem necessary or appropriate.

Chapter 7 - Fees, Charges, Assessments, and Special Assessments.

7.01 The terms ‘fees’, ‘charges, and ‘assessments’ may be used interchangeably.

7.02 Each Owner of any interest in any Lot, and any future owner of any interest in any Lot, jointly and severally covenants and agrees to pay to the POA, for each Lot owned, the fees, charges, assessments, special assessments, and/or liens, and all penalties and interest, as are herein provided. Sale or transfer of a Lot shall not relieve any Owner or the successor of an Owner, or of the Lot, from liability for any of the foregoing.

7.03 The Board may establish, levy, and collect periodic fees, charges, or assessments for the purpose of promoting the recreation, health, safety, and welfare of the subdivision’s residents, and in particular, to pay and defray the costs and expenses that may be incurred by the POA for capital improvements or for the operation, construction, maintenance, addition(s), alteration(s), replacement(s), and/or improvement(s) of the roads, sewer system, water system, common areas, ‘Reserved Areas’, other amenities of the POA, and/or other present or future property of the POA; including, but not limited to, the payment of taxes and insurance thereon, repairs, replacements and additions thereto; the cost of labor, equipment, material, management and supervision thereof, or for other reasonable expenses; and for such other needs as the Board shall determine, at such times and in such amounts as the Board deems necessary.

7.04 In addition to the periodic assessments authorized above, the Board may establish, levy, and collect special assessments for the purpose of promoting the recreation, health, safety, and welfare of the subdivision’s residents, and in particular, to pay and defray the costs and expenses that may be incurred by the POA for capital improvements or for the operation, construction, maintenance, addition(s), alteration(s), replacement(s), and/or improvement(s) of the roads, sewer system, water system, common areas, ‘Reserved Areas’, other amenities of the POA, and/or other present or future property of the POA; including, but not limited to, the payment of taxes and insurance thereon, repairs, replacements and additions thereto; the cost of labor, equipment, material, management and supervision thereof, or for other reasonable expenses; and for such other needs as the Board shall determine, at such times and in such amounts as the Board deems necessary.

7.05 The Owner shall pay the fees, charges, assessments, and special assessments for each Lot in advance for such periods as the Board determines, whether monthly, quarterly, or annually; and shall have such due dates as the Board from time to time determines.

7.06 If payment of any installment of any fee, charge, assessment, or special assessment is not made after the same has become due, the Board may, at its option, without notice or demand:

a. declare the entire balance of all fees, charges, assessments, or special assessments immediately due and payable,

b. charge interest on the entire unpaid balance, including accelerated amounts, due and payable, and/or

c. Charge a reasonable, uniform, late fee, as determined from time to time by the Board.

7.07 If any Owner shall fail to pay when due any obligation created by these Restrictions within ten (10) days after such obligation becomes due, the POA shall be entitled to a lien against the Lot. Such lien shall be effective from the date that the POA files or certifies the lien, makes claim, or gives notice to the Stone County Recorder of Deeds.

7.08 All obligations created by these Restrictions shall bear interest at a rate of interest determined by the Board. The initial rate of interest shall be one and one-half percent (1½%) per month.

7.09 Collection of fees, charges, assessments, special assessments, late charges, and/or interest concerning a Lot may be enforced by lawsuits instituted by the Board against any owners of any interest in the lot, and successors in interest to such owners, and the Board shall be entitled to collect reasonable costs, expenses, interest, and attorney's fees for enforcement.

7.10 Any fees, charges, assessments, special assessments, late charges, interest, and/or attorney’s fees or court costs for which a Lot is obligated shall be subordinate to any first mortgage lien recorded before or after such became due.

7.11 No Owner may waive, avoid, or otherwise escape liability for the assessment provided for herein by non-use of any of the amenities, Common Properties, nor by abandonment of the Lot. Damage to or destruction of any improvements on any Lot by fire or other casualty shall not result in any abatement or diminution of the obligations created by these Restrictions.

7.12 The initial assessment amount will be $88.00 per month for completed houses and $15.00 per month for vacant lots.

Section 8 - Collection and Disbursement of Assessments.

8.01 Annual and special assessments as herein provided shall be collected and disbursed for the purpose aforesaid by the POA.

8.02 All monies collected by the POA shall be treated as the separate property of the POA and such monies may be applied by the POA to the payment of any expense of operating and managing the Common Properties, or to the proper undertaking of all acts and duties imposed upon it by virtue of this Document, the Articles of Incorporation of the POA, or the By-Laws of the POA, or any reasonable expense of the POA. As any Owner pays monies for any assessment unto the POA, the same may be commingled with all other monies paid to or held by the POA. Although all funds and common surplus, including other assets of the POA and any increments thereto or profits derived here from, shall be held for the benefit of the members of the POA, no member of the POA shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest therein, except as an appurtenance to his Lot. All monies, which any Owner has paid to the POA, shall constitute an asset of the POA that may be used in the operation and management of the Common Properties and other property of the POA and for such other needs as the POA may at any time furnish to any Owner liable for said assessment a certificate in writing signed by it setting forth whether said assessment has been paid.

Chapter 9 – Reserved Areas and Common Areas

9.01 The Developer(s) of each Subdivision or Addition herewith conveys to the POA ownership and management of all common or ‘Reserved Areas’, and appurtenances, without any cost to the POA, free and clear of liens or encumbrances.

9.02 All of the Subdivisions listed in these Restrictions shall have benefit of and rights of usage of those portions of each Subdivision or Addition denominated ‘Common Area’ or ‘Reserved Area’ on the plat(s) of each subdivision.

9.03 Such benefit of and rights of usage are specifically dependent upon an obligation to pay any assessments for the treatment, development, upkeep, and repair of the ‘Reserved Area’.

9.04 These Restrictions contemplate that all ‘Reserved Areas’ shall remain in their existing condition, except for minimal landscaping and mowing of grass and undergrowth, and that trees located on the ‘Reserved Areas’ will not be cut. However, the Board shall determine whether any ‘Reserved Area’ may be developed or improved, or whether trees may be cut.

Chapter 10 - Water System.

10.01 The POA shall provide to each Lot the right and advantage of connection with the water system for potable water supply.

10.02 The Board shall adopt, prescribe, and enforce reasonable rules and regulations with respect to the use of the water system. Said regulations and rules shall not conflict with the Missouri Clean Water Law and the regulations promulgated pursuant thereto, or other applicable laws or regulations.

10.03 The Developer(s) of each Subdivision or Addition herewith conveys to the POA ownership and management of the water well, tanks, towers, lines, equipment, and appurtenances without any cost to the POA, free and clear of liens or encumbrances.

10.04 The POA shall install, operate, and maintain the water well, tanks, towers, pumping equipment, and water lines, up to the property lines of individual Lots.

10.05 All Lots hereafter connected to the water system shall pay a connection fee to the POA. From time to time, the Board shall determine the amount of each such connection fee. The initial connection fee shall be seven hundred fifty dollars ($750) for each water connection.

10.06 The POA may acquire for additions to the water system any type of supply or treatment facilities, properties and improvements of the type that is described in these Restrictions that are located outside the properties described herein, and may permit any improvements located outside the properties described herein to be connected to the water system, provided that all such assets which are acquired for addition to the water system, and all improvements that are permitted to be connected to the water system, shall be made subject to all of the conditions and restrictions of these Restrictions and the regulations and rules of the POA promulgated pursuant thereto.

10.07 The Board, its successors and assigns shall be authorized to create a perpetual easement in gross over any Lot for ingress and egress, to perform its obligations and duties pertaining to the water system.

10.08 Should it become necessary to enter a Lot to repair an element of the water system, the POA’s or the Board’s contractors, agents, or workers shall be entitled to entrance on and over the Lot for such purpose.

10.09 If the water system and/or sewer system at any time require maintenance, repair, improvement, or replacement, it shall be the duty of the Board to cause the same to be done, and the POA shall have the power to contract for the same and to determine the terms of the contract. The POA shall pay for the costs from the fees, charges, and assessments authorized by these Restrictions, including special assessments, which are hereby specifically authorized.

10.10 The POA may transfer and convey the water system to any public authority, municipal corporation, or private corporation acceptable to DNR, the Missouri Public Service Commission, or other regulatory body, either with or without money consideration therefor, provided such entity or entities shall undertake responsibility for performing all functions relating to the construction, maintenance, extension, operation, repair, improvement and regulation of such system.

Chapter 11 - Sewer System.

11.01 The POA shall provide to each Lot the right and advantage of connection with the sewer system for the collection, treatment, and disposal of sewage and wastewater.

11.02 The Board shall adopt, prescribe, and enforce reasonable rules and regulations with respect to the use of the sewer system. Said regulations and rules shall not conflict with the Missouri Clean Water Law and the regulations promulgated pursuant thereto, or other applicable laws or regulations.

11.03 The Developer(s) of each Subdivision or Addition herewith conveys to the POA ownership and management of the sewer treatment plant, sewer collection lines, equipment, and appurtenances, without any cost to the POA, free and clear of liens or encumbrances.

11.04 The POA shall construct, maintain, operate, repair, improve, and regulate the use of the sewer system.

11.05 In connection with such operation, construction, maintenance, extension, repair, improvement and regulation o the sewer system, the POA shall comply with all requirements and duties imposed by the Missouri Clean Water Law, Chap. 204, RSMo., et sqq., and all standards, rules and regulations adopted pursuant thereto and permits and orders issued thereunder, and all other provisions of law, federal, state and local, as such may exist from time to time.

11.06 All residences, and all other structures that require sewage or wastewater disposal facilities, shall be connected to the sewer system, and no such residence or structure may be occupied unless so connected to the sewer system. No septic tank, cesspool, outhouse, or other means of disposal of sewage on an individual Lot may be used in the subdivision. The drainage or disposal of ‘gray water’ and/or untreated effluent, except into the sewer system, either directly or indirectly, is strictly prohibited.

11.07 Any Lot using on-site sewage treatment systems at the time of the transfer shall not be required to connect to the sewer system; however, the on-site system shall be inspected prior to the lot being conveyed or transferred and shall be inspected annually to ensure that the system is functioning properly. The inspection shall be by a State qualified inspector. If the system is found to be in non-compliance with state law and cannot be remedied for expenditure of less than five hundred dollars ($500) then the Owner of such Lot shall, within thirty (30) days, cause such residence, or such other structures that require sewage or wastewater disposal facilities, to be connected to the sewer system.

Subject, however, to the conditions hereinafter provided, and subject to such reasonable rules and regulations as may be prescribed by the Board, such rules and regulations to be uniform in application to all Owners and Lots.

11.08 Should it become necessary to enter a Lot to repair an element of the sewer system, the POA’s or the Board’s contractors, agents, or workers shall be entitled to entrance on and over the Lot for such purpose.

11.09 If the water system and/or sewer system at any time require maintenance, repair, improvement, or replacement, it shall be the duty of the Board to cause the same to be done, and the POA shall have the power to contract for the same and to determine the terms of the contract. The POA shall pay for the costs from the fees, charges, and assessments authorized by these Restrictions, including special assessments, which are hereby specifically authorized.

11.10 All Lots hereafter connected to the sewer system shall pay a connection fee to the POA. From time to time, the Board shall determine the amount of each such connection fee. The initial connection fee shall be seven hundred fifty dollars ($750) for each sewer connection.

11.11 The POA may acquire for additions to the sewer system any type of supply or treatment facilities, properties and improvements of the type that is described in these Restrictions that are located outside the properties described herein, and may permit any improvements located outside the properties described herein to be connected to the sewer system, provided that all such assets which are acquired for addition to the sewer system, and all improvements that are permitted to be connected to the sewer system, shall be made subject to all of the conditions and restrictions of these Restrictions and the regulations and rules of the POA promulgated pursuant thereto.

11.13 The POA may transfer and convey the sewer system to any public authority, municipal corporation, or private corporation acceptable to DNR, the Missouri Public Service Commission, or other regulatory body, with or without consideration therefor, provided such entity or entities shall undertake responsibility for performing all functions relating to the construction, maintenance, extension, operation, repair, improvement and regulation of such system.

Chapter 12 - Maintenance streets and roadways, water system, sewer system, common areas, ‘Reserved Areas’, other amenities of the POA, and/or other present or future property of the POA.

12.01 The POA shall construct, maintain, or repair the sewer system, the water system, common areas, ‘Reserved Areas’, other amenities of the POA, and/or other present or future property of the POA

12.02 The POA shall construct, maintain, or repair all streets and roadways within the Subdivision, except roads that may hereafter be maintained by Stone County or any other public entity.

12.03 Each Owner hereby grants an easement to the POA, or its successors, designees, or assigns, for the purpose of maintenance, construction, or repair of all streets and roadways within the Subdivision, the water system, sewer system, common areas, ‘Reserved Areas’, other amenities of the POA, and/or other present or future property of the POA. The Board may grant to any person or entity, including a Lot’s Owner, the right for ingress to and egress from any Lot over one or more Lots of one or more other Owners.

12.04 The POA, or its successors, designees, or assigns, shall have the right to enter upon any Lot or any property within the subdivision at any reasonable time for the purpose of inspection, maintenance, repair, or construction.

12.05 The POA, or its successors, designees, or assigns, shall have the right to enter upon any Lot or any property within the subdivision at any reasonable time for the purpose of inspection, maintenance, repair, or construction.

12.06 The POA is empowered to contract to contract with any person, government, or entity for operations, inspection, maintenance, repair, or construction. The cost of any such contract shall be paid by the POA in the same manner as other costs and expenses incurred by the POA in operating and maintaining the sewer system.

12.07 The POA shall also be empowered to borrow money in order to make payment for operations, inspection, maintenance, repair, or construction. The POA is specifically empowered to pledge all or part of the assets of the POA as security therefor, including any streets and roadways within the Subdivision, the sewer system, the water system, common areas, ‘Reserved Areas’, other amenities of the POA, and/or other present or future property of the POA

Chapter 13 - Amending these Restrictions.

13.01 Authority to amend or terminate these Restrictions, in whole or part, shall rest upon the individual Owners, (whether individual, corporate, partnership, limited liability company, trust, joint tenancy, or other), with each Lot accounting for only one (1) interest or vote, regardless of the number of owners or ownership interests. This Document and any amendment thereto may be terminated and/or amended at any time as is set out in these Restrictions.

13.02 The Developer or Developers of the subdivisions listed in this document herewith convey to the POA, each Developer’s original authority to amend or terminate these Restrictions, in whole or in part.

13.03 These Restrictions, and any amendment(s) thereto, may be terminated and/or amended:

a. by written documents signed by seventy-five percent (75%) of then-existing Lot ownership, with each Lot having one (1) vote; or

b. by vote at a meeting of the POA upon the affirmative vote of seventy-five percent (75%) of then-existing Lot ownership, with each Lot having one (1) vote. The owner(s) of each Lot shall decide how each Lot’s vote shall be cast.

13.04 On its own motion, or upon the written request of Owners of twenty-five percent (25%) of the Lots, the Board shall call a meeting of the POA. The Board shall provide written notice to at least one owner of each Lot by U.S. Mail, postage pre-paid, to the such owner's last-known address, at least fifteen (15) days before such meeting.

13.05 Should the matter not be voted upon at the meeting called, a second meeting shall be set before adjournment of the initial meeting, to take place within fifteen (15) days of the initial meeting, at which time a vote on the issue or issues of modification or termination will be had. No additional notice, mailed or otherwise, shall be required for the second meeting.

13.06 Voting shall be by written ballot and may be done by proxy.

13.07 In the event the matter receives the requisite vote count, the Board shall prepare, execute, and record with the office of the Recorder of Deeds of Stone County, Missouri, and any other appropriate entity, such document(s) as are necessary to carry out the amendment(s). Following such vote, at the Board’s request, the owners of all interests in each Lot shall be obligated to execute before a notary public a document amending of these Restrictions pursuant to the vote.

13.08 No amendment to these Restrictions may be made which affects the making of, or obligation for, annual and special assessments and/or the rights and duties of the POA respecting the sewer system, without the express written consent of DNR or such other governmental entity that has authority over the water system and/or the sewer system under laws or regulations

Chapter 14 - Duration of these Restrictions.

14.01 These Restrictions are to run with the land and be binding on and inure to the benefit of the parties hereto and all other person(s) claiming under them, the POA, the Board, and the Department of Natural Resources, for a period of twenty-five (25) years from the date that these Restrictions are recorded, after which time these Restrictions shall be automatically extended for a successive period of ten (10) years, unless an instrument duly executed pursuant to Chapter 12 above is filed for record, and amends or terminates these Restrictions.

Chapter 15 – Consent and Interpretation, Counterparts.

15.01 Each future owner of any interest in any Lot or tract of land contained in the Subdivision, including a mortgage or deed of trust (except as provided in Section 7.17), security interest, or other beneficial interest, shall, by reason of said purchase or acquisition, consent by virtue thereof to the terms of these Restrictions, and the Oak Creek Parkway Property Owners Association Declaration, contemporaneously filed for record with the Stone County Recorder of Deeds.

15.03 In these Restrictions, the singular shall be deemed to include the plural, the masculine the feminine, and vice versa.

15.04 If any one or more of the provisions of this Document shall be held to be invalid, illegal, or unenforceable within any governmental jurisdiction or subdivision thereof, the Document or any such provision or provisions shall not as a consequence thereof be deemed to be invalid, illegal or unenforceable in any other governmental jurisdiction or subdivision thereof. In case any one or more of the provisions contained in this Document shall for any reason be held to be invalid, illegal, or unenforceable in any other respect, such invalidity, illegality, or unenforcebility, shall not affect any other provision of this Document, but this Document shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein, and there shall be deemed substituted such other provision as will most nearly accomplish the intent of the parties to the extent permitted by applicable law.

15.05 This Document may be signed in counterparts, and all counterparts taken together shall be deemed one original instrument.

Chapter 16 - Additional Land.

16.01 Additional land may by proper declaration duly recorded become subject to and be bound by the terms of these Restrictions and any future modifications thereof.

Chapter 17 – Adoption.

Notice was given to all owners of Lots in Oak Creek Parkway Subdivision, Oak Creek Parkway Subdivision First Addition, Second Addition to Oak Creek Parkway Subdivision, Third Addition to Oak Creek Parkway Subdivision, and Fourth Addition to Oak Creek Parkway Subdivision. On Thursday, June 1 2007, an organizational meeting of the Oak Creek Parkway Property Owners Association was held.

At that meeting, the following officers were elected:

Gary McNutt President
Chris Dean Vice President

Mike Mason Secretary and Treasurer

Notice was given to all owners of lots in Oak Creek Parkway Subdivision, Oak Creek Parkway Subdivision First Addition, Second Addition to Oak Creek Parkway Subdivision, Third Addition to Oak Creek Parkway Subdivision, and Fourth Addition to Oak Creek Parkway Subdivision, giving notice of a meeting to be held on July 25 2006. At that meeting, the following vote to adopt this Amendment of Previous Declarations of Protective Covenants and Subdivision Indentures and Declaration of Protective Covenants and Subdivision Indentures for Oak Creek Parkway Subdivision, Oak Creek Parkway Subdivision First Addition, Second Addition to Oak Creek Parkway Subdivision, Third Addition to Oak Creek Parkway Subdivision, and Fourth Addition to Oak Creek Parkway Subdivision was taken. The result of that vote was:

Vote to Amend Covenants
	Total Lots in Addition	Number of Lots Represented and Voting at Meeting	Lots Voting ‘Yes’	Lots Voting ‘No’	Percentage
Original Addition	11	11	10	1	90.90%
First Addition	3	3	3	0	100.00%
Second Addition	48	48	46	2	95.83%
Third Addition	23	23	23	0	100.00%
Fourth Addition	37	37	37	0	100.00%
Total	122	122	119	3

The undersigned President and Secretary certify the foregoing.

Oak Creek Parkway Property Owners Association

A Missouri Nonprofit Corporation

By______________________________________________

Gary McNutt, President

ATTEST:

_________________________________

Mike Mason, Secretary

STATE OF MISSOURI

SS.

COUNTY OF STONE

Comes now Gary McNutt, of lawful age, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he is president of the corporation whose name is set out above, that the corporation is in good standing and has legal authority to execute this instrument, that this act is the duly authorized act of said corporation, and is authorized and approved by a vote of its members. Comes now Mike Mason, of lawful age, to me known to be the person described in and who attested the foregoing instrument, and acknowledged that he is secretary of the corporation whose name is set out above, that the corporation is in good standing and has legal authority to execute this instrument, that this act is the duly authorized act of said corporation, and is authorized and approved by a vote of its members.

In testimony whereof, I have hereunto set my hand and seal on the day and year last above written.

________________________________

Notary Public

My commission expires : __________________________