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<br />200708774
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<br />vote of the Association membership approving such action. The foregoing shall apply even if any actual or claimed
<br />loss, damage, injury, cost or expense is incurred as a result of any alleged or actual mistake in judgment, negligence or
<br />nonfeasance on the part of the ACC or any member of such Committee. Each Owner, by submitting any plans or
<br />proposals to the ACC for approval, agrees that he or she will not bring any action, claim or suit against the
<br />Association, any member(s) of the Board of Directors or of the ACC, or Declarant for any acts taken, or for any failure
<br />to take action, in reviewing any plans or proposals. In reviewing plans or proposals presented by any particular
<br />Owner, the ACC shall not be responsible for passing on the safety or compliance of any item with applicable laws,
<br />codes, rules, regulations or standards, nor shall any approval or conditional approval of any plans or proposals be
<br />deemed to be any type of approval or assurance of such safety or of any such compliance. Further, no such approval
<br />shall be deemed an assurance that additional permits or approvals are not also required from applicable governmental
<br />authorities.
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<br />Section 4. Declarant's Use and Exemotion. Notwithstanding any provisions herein contained to the contrary,
<br />Declarant hereby reserves for itself, its successors and assigns, or any agent, contractor, subcontractor or employee of
<br />Declarant, the right to maintain upon any portion of the Property as Declarant deems necessary, for so long as
<br />Declarant is developing, constructing Improvements upon, or marketing any of the Lots, such facilities as in the sole
<br />opinion of Declarant may be required, convenient., or incidental to any construction or sale of Lots, including,
<br />without limitation, a business office, construction yards, signs (which signs may be larger than otherwise pennitted
<br />under this Declaration), model units and sales offices, and also reserves the right to operate or park on the Property
<br />such vehicles (including large trucks) as Declarant shall deem necessary or desirable. Further, notwithstanding the
<br />provisions of Section 1 of this Article 11:1, Declarant shall be exempt from seeking or obtaining ACC approval for
<br />Declarant's development of or construction on any Lot of any residence or other Improvements, or for the alteration,
<br />addition or change of any Improvements constructed or installed on any Lot owned by Declarant.
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<br />Section 5. Use Restrictions.
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<br />(a) Pennitted Uses. Use of Lots is restricted to residential use of modular homes, subject to the terms and
<br />provisions hereof relating to architectural control. Modular Homes as used herein shall be restricted to homes
<br />built by Bonnevilla Homes<l>, a division of Chief Industries, Inc. or its successors or assigns. No home other than one
<br />built by Bonnevilla Homes"', a division of Chief Industries, Inc., shall be erected or constructed on any lot within
<br />the subdivision. No manufactured homes shall be erected or constructed on any lot within the subdivision. No
<br />store, office, hospital, sanitarium, or other place for the care or treatment of the sick or disabled, physically or
<br />mentally, nor any theater, saloon or other place of entertainment, nor any church, club, fraternal association or
<br />other association nonnally or regularly involving the gathering of people in groups larger than the family will be
<br />erected or permitted upon Lots, and no commercial enterprise or business of any kind or character whatever shall
<br />be conducted on any Lot or in or from any building located or placed on any Lot. Notwithstanding the foregoing,
<br />home occupations shall be permitted in any home provided that (i) such home occupations are permitted by
<br />applicable zoning laws; and (ii) such home occupations meet the following additional limitations:
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<br />(A) The use shall operate in its entirety within the dwelling unit and only by persons
<br />residing in the dwelling unit.
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<br />(B) The use shall not have a separate entrance from outside the dwelling unit, unless
<br />otherwise required by State law or regulation and approved by the ACC.
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<br />(C) The operator of the home occupation shall not display or create outside the dwelling
<br />unit any external evidence of the operation of the home occupation.
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<br />(D) The home occupation shall not employ, for a fee or otherwise, more than one person
<br />in the conduct of the home occupation who does not reside in the dwelling unit; provided,
<br />however that employees of the home occupation shall be permitted provided that any
<br />such employee shall not work within the home and shall not use the home for any purpose
<br />relating to the home occupation.
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<br />(E) No motors shall be used in the conduct of the home occupation except electric motors
<br />having 2 horsepower or less.
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