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202501043 <br />Lot 1, Legacy 34 4th 109 feet 6% <br />Lot 9, Legacy 34 3rd 128 feet 7% <br />Lot 12, Legacy 34 3rd 66 feet 4% <br />Lot 13, Legacy 34 3rd 60 feet 3% <br />Lot 14, Legacy 34 3rd 60 feet 3% <br />Lot 15, Legacy 34 3rd 82 feet 4% <br />Lot 24, Legacy 34 3rd 77 feet 4% <br />Lot 25, Legacy 34 3rd 175 feet 9% <br />Lot 26, Legacy 34 3rd 197 feet 10% <br />Lot 27, Legacy 34 3rd 179 feet 10% <br />Lot 28, Legacy 34 3rd 743feet 40% <br />TOTAL: 1876 feet 100% <br />(b) In addition to the Annual Assessment authorized above, the Association <br />may levy special assessments for the purpose of decreasing, in whole or in part, the costs of <br />any construction, repair, replacement and normal maintenance of capital improvements upon <br />the Common Areas, including fixtures and personal property related thereto. <br />(c) The Assessments levied by the Association shall be used exclusively to: <br />(i) promote the Prairie District, (ii) maintain common areas, green spaces and streets, hike and <br />bike trails, Outlots, drives, private streets, and additional amenities, (iii) to provide snow <br />removal, maintenance repairs, streetscaping, and landscaping of Outlots (iv) to enforce this <br />Declaration, (v) to preserve the appearance of the Prairie District, (vi) to provide accounting, <br />legal, and other professional fees as appropriate, and (vii) to insure the Association and the <br />Outlots. <br />(d) Notice, quorum and voting requirements of any meeting called for the <br />purpose of taking any action authorized by the Association herein shall be governed by the <br />Articles of Incorporation and Bylaws of the Association. <br />(e) The Association may contract with owners of lots in the Prairie District <br />development which are not included in the Property to provide maintenance, snow removal, <br />landscaping, street scaping and similar services for fair and reasonable compensation. <br />5. Payment of Assessments. Each Owner of any Lot, by acceptance of a deed <br />therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree, <br />to pay to the Association: (1) Annual Assessment or charges; and (2) special assessments for <br />capital improvements, such Assessments to be established and collected as provided. The <br />annual and special Assessments, together with interest, costs and reasonable attorney fees, <br />shall be a continuing lien upon each Lot. Each Assessment, together with interest, costs and <br />reasonable attorney fees, shall also be a personal obligation of the Owner of each Lot at the <br />time when the Assessment was due. The personal obligation for delinquent Assessments shall <br />not pass to succeeding Owners unless expressly assumed by them but shall be a lien upon <br />each Lot regardless of transfer or conveyance. The Association's lien shall be subordinate to <br />the first lien of a mortgage lender. <br />6. Remedies for Violations. If the Owner of any Lot, guest, invitee, lessee or other <br />party in occupancy violate any of the covenants, restrictions and conditions set forth in this <br />Agreement, it shall be lawful for the Association to enforce these covenants with proceedings <br />at law or in equity against the Owner, person or persons violating or attempting to violate any <br />of these covenants. <br />The failure to promptly enforce any of the covenants, restrictions or conditions of this <br />Agreement shall not, in any way, be a waiver of their enforcement. <br />The Association may create a schedule of fines for violation of Association rules and <br />regulations or these Restrictive Covenants which shall be treated and billed as a special assessment <br />to the offending Owner's Lot. <br />7. Covenant Declared Void. If any of the covenants, restrictions or conditions set <br />forth in this Agreement are declared void by a court of competent jurisdiction, the remaining <br />6 <br />