Deed of Dedication and Restrictive Covenants

Planned Unit Development 72

KNOW ALL MEN BY THESE PRESENTS:

SELECT HOMESITES, INC., an Oklahoma corporation, hereinafter referred to as the "Owner/Developer", is the owner of the following described land in the City of Broken Arrow, Tulsa County, State of Oklahoma, to wit:

Part of the Northwest Quarter (NW/4), Section 9, Township 18 North, Range 14 East of the Indian Base and Meridian according to the U.S. Government Survey thereof in the City of Broken Arrow, County of Tulsa, State of Oklahoma, more particularly described as follows:

Beginning at a point on the West line of said (NW/4), said point lying 734.58 feet South of the Northwest corner thereof; thence Due East and parallel to the North line of said NW/4 a distance of 660.01 feet to a point, thence No degree 15’01"E and parallel to the West line of said NW/4 a distance of 495.83 feet to a point, lying 238.75 feet South of the North line thereof; thence Due East a distance of 657.03 feet to a point on the West line of the Northeast Quarter of the Northwest Quarter (NE/4 NW/4); thence So degree 15’57"W along said West line a distance of 386.00 feet to a point; thence Due East a distance of 500.00 feet to a point; thence No degree 15’57"E a distance of 354.75 feet to a point; thence Due East a distance of 432.00 feet to a point; thence no degree 15’57"E a distance of 270.00 feet to a point on the North line of said NW/4; thence Due East along said North line a distance of 368.60 feet to a point lying 16.50 feet West of the East line of said NW/4; thence So degree 16’53"W and parallel to said East line a distance of 1320.49 feet to a point on the South line of said NE/4 NW/4; thence N89 degree 59’07"W along said South line a distance of 1303.81 feet to the Southwest corner of said NE/4 NW/4; thence So degree 15’57"W along the East line of the West Half of the Northwest Quarter (W/2 NW/4) a distance of 1320.15 feet to the Southeast corner thereof; thence N89 degree 58’14"W along the South line of said W/2 NW/4 a distance of 1314.81 feet to the Southwest corner thereof; thence No degree 15’01"E along the West line of said W/2 NW/4 a distance of 1905.05 feet to the point of Beginning, containing 94.5889 acres more or less.

and has caused the above described land to be surveyed, staked, platted and subdivided into lots, blocks, reserve areas and streets, in conformity with the accompanying plat, and has designated the subdivision as "STONE MILL", a subdivision in the City of Broken Arrow, Tulsa County, Oklahoma.

SECTION I

A.        Public Streets and General Utility Easements

The Owner/Developer does hereby dedicate for public use the streets as depicted on the accompanying plat and does further dedicate for public use the utility easements as depicted on the accompanying plat as "u.e." or "utility easement", for the several purposes of constructing, maintaining, operating, repairing, replacing, and/or removing any and all public utilities, including storm sewers, sanitary sewers, telephone and communication lines, electric power lines and transformers, gas lines, water lines and cable television lines, together with all fittings, including the poles, wires, conduits, pipes, valves, meters and equipment for each of such facilities and any other appurtenances thereto, with the rights of ingress and egress to and upon the utility easements for the uses and purposes aforesaid, provided however, the Owner/Developer hereby reserves the right to construct, maintain, operate, lay and re-lay water lines and sewer lines, together with the right of ingress and egress for such construction, maintenance, operation, laying and re-laying over, across and along all of the utility easements depicted on the plat, for the purpose of furnishing water and/or sewer services to the area included in the plat. The Owner/Developer herein imposes a restrictive covenant, which covenant shall be binding on each lot owner and shall be enforceable by the City of Broken Arrow, Oklahoma, and by the supplier of any affected utility service, that within the streets and utility easements depicted on the accompanying plat no building, structure or other above or below ground obstruction that interferes with the above set forth uses and purposes of a street or easement shall be placed, erected, installed or maintained, provided however, nothing herein shall be deemed to prohibit drives, parking areas, curbing, landscaping and customary screening fences and walls.

B.         Underground Service

1.         Overhead lines for the supply of electric, telephone and cable television services may be located along the most Northerly, most Southerly, most Easterly and the most Westerly perimeter boundaries of the subdivision if located within the public street and utility easements herein established. Street light poles or standards may be served by overhead line or underground cable and elsewhere throughout the subdivision all supply lines including electric, telephone, cable television and gas lines shall be located underground in the easementways dedicated for general utility services and in the rights-of-way of the public streets and the private streets, as depicted on the accompanying plat. Service pedestals and transformers, as sources of supply at secondary voltages, may also be located in easementways.

2.         Underground service cables to all structures which may be located within the subdivision may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of such structure as may be located upon the lot, provided that upon the installation of a service cable to a particular structure, the supplier of service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement on the lot, covering a 5 foot strip extending 2.5 feet on each side of the service cable, extending from the service pedestal or transformer to the service entrance on the structure.

3.         The supplier of electric, telephone, cable television and gas services, through its agents and employees, shall at all times have right of access to all easementways shown on the plat or otherwise provided for in this Deed of Dedication for the purpose of installing, maintaining, removing or replacing any portion of the underground electric, telephone, cable television or gas facilities installed by the supplier of the utility service.

4.         The owner of the lot shall be responsible for the protection of the underground service facilities located on his lot and shall prevent the alteration of grade or any construction activity which would interfere with the electric, telephone, cable television or gas facilities, maintenance of underground facilities, but the owner shall pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors.

5.         The foregoing covenants set forth in this Paragraph B shall be enforceable by the supplier of the electric, telephone, cable television or gas service and the owner of the lot agrees to be bound hereby.

C.         Water and Sewer Service

1.         The owner of the lot shall be responsible for the protection of the public water and sewer mains located on the owner’s lot.

2.         Within the utility easement areas depicted on the accompanying plat, the alteration of ground elevations in excess of 3 feet from the contours existing upon the completion of the installation of a public water main or sewer main, or any construction activity which would interfere with public water and sewer mains, shall be prohibited. Within the utility easement areas depicted on the accompanying plat, if the ground elevations are altered from the contours existing upon the completion of the installation of a public water or sewer main, all ground level apertures, including valve boxes, fire hydrants and manholes shall be adjusted to the altered ground elevations, by the owner of the lot or at its election, the City of Broken Arrow, Oklahoma may make such adjustment at the owner of the lot’s expense.

3.         The City of Broken Arrow, Oklahoma, or its successors, shall be responsible for ordinary maintenance of public water and sewer mains, but the owner shall pay for damage or relocation of such facilities caused or necessitated by acts of the owner, his agents or contractors.

4.         The City of Broken Arrow, Oklahoma, or its successors, shall at all times have right of access to all easementways depicted on the accompanying plat, or otherwise provided for in this Deed of Dedication, for the purpose of installing, maintaining, removing or replacing any portion of underground water or sewer facilities.

5.         The foregoing covenants set forth in this Paragraph C shall be enforceable by the City of Broken Arrow, Oklahoma, or its successors, and the owner of the lot agrees to be bound hereby.

D.        Surface Drainage

Each lot shall receive and drain, in an unobstructed manner, the storm and surface waters from lots and drainage areas of higher elevation and from public streets and easements. No lot owner shall construct or permit to be constructed any fencing or other obstructions which would impair the drainage of storm and surface waters over and across his lot. The foregoing covenants set forth in this Paragraph D shall be enforceable by any affected lot owner and by the City of Broken Arrow, Oklahoma.

E.        Limits of No Access

The undersigned Owner/Developer hereby relinquishes rights of vehicular ingress or egress from any portion of the property adjacent to Kenosha (East 71st Street South) and Olive (South 129th East Avenue) within the bounds designated as "Limits Of No Access" (L.N.A.) on the accompanying plat, which "Limits Of No Access" may be amended or released by the Broken Arrow Planning Commission, or its successor, or as otherwise provided by the statutes and laws of the State of Oklahoma pertaining thereto.

F.         Paving and Landscaping Within Easements

The owner of the lot affected shall be responsible for the repair of damage to landscaping and paving occasioned by necessary maintenance of water, sewer, storm sewer, natural gas, communication, cable television or electric facilities within the utility easement areas depicted upon the accompanying plat, provided however, the City of Broken Arrow, Oklahoma or the supplier of the utility service shall use reasonable care in the performance of such activities.

G.        Temporary Turnaround Easement

The Owner/Developer does hereby dedicate for use by all governmental vehicles including police, fire and ambulance and utility vehicles providing utility service to the subdivision a temporary easement on, over and across Lot 7, Block 9 as depicted on the accompanying plat as "ACCESS ESM’T" for the purposes of permitting governmental and utility service vehicles as above described to turn around to and from West Elgin Street, provided however, the temporary easement shall terminate upon the connection of West Elgin Street to future public street right-of-way located within the property abutting the East boundary of Block 9 and Block 10 of Stone Mill.

SECTION II. PLANNED UNIT DEVELOPMENT RESTRICTIONS

WHEREAS, Stone Mill was submitted as a planned unit development (designated as PUD No. 72) as provided within Section 3 of Ordinance 1560 of the City of Broken Arrow, Oklahoma (Broken Arrow Zoning Code), as the same existed on August 3, 1992, which PUD No. 72 was approved by the Broken Arrow Planning Commission on July 23, 1992 and by the Council of the City of Broken Arrow, Oklahoma, on August 3, 1992; and

WHEREAS, the Planned Unit Development provisions of the Broken Arrow Zoning Code require the establishment of covenants of record, inuring to and enforceable by the City of Broken Arrow, Oklahoma, sufficient to assure the implementation and continued compliance with the approved planned unit development; and

WHEREAS, the Owner/Developer desires to establish restrictions for the purpose of providing for an orderly development and to insure adequate restrictions for the mutual benefit of the Owner/ Developer, its successors and assigns, and the City of Broken Arrow, Oklahoma.

THEREFORE, the Owner/Developer does hereby impose the following restrictions and covenants which shall be covenants running with the land and shall be binding upon the Owner/Developer, its successors and assigns, and shall be enforceable as hereinafter set forth.

A.        Use of Land

1.         The development of Stone Mill shall be subject to the Planned Unit Development provisions of the Broken Arrow Zoning Code, as the same existed on August 3, 1992 or as subsequently amended.

2.         All lots except Lot 25, Block 1 shall be known and described as residential lots and shall be limited to use for detached single-family residences and purposes.

3.         Lot 25, Block 1 is reserved for future dedication of a public street right-of-way connecting West Hartford Street to the future extension of a public street anticipated to be dedicated within the property abutting the North boundary of Lot 25, Block 1 (the "Abutting Property"), provided however, in the event the Council of the City of Broken Arrow shall by resolution determine that the residential development of the Abutting Property will not occur, then in such event, the reservation shall terminate and Lot 25, Block 1 shall thereafter be known and described as a residential lot and shall be limited to use for detached single-family residence and purposes.

4.         The number of dwellings within the subdivision shall not exceed 234.

5.         Reserve "A", Reserve "B", Reserve "C", Reserve "D" and Reserve "E" shall be limited to use for utilities, stormwater drainage facilities, open space, landscaping and/or recreation and pipelines and appurtenances located within existing pipeline easements and are reserved for subsequent conveyance to the homeowners’ association to be formed pursuant to Section IV. hereof.

B.         Fronting and Access Limitation

Each dwelling shall front an interior public street and derive its access solely from an interior public street. On corner lots, the dwelling shall front the greater of the building setback lines if differing building setback lines have been established on the lot.

C.         Yards and Setbacks

1.         Street Setback. No building shall be erected nearer to a public street than the building setback lines depicted on the accompanying plat unless subsequently modified by the Broken Arrow Planning Commission.

2.         Side Yard. The minimum side yard shall not be less than the greater of 5 feet in width or the width of any utility easement located within the lot and along the side lot line, and in the aggregate, side yards shall not be less than 10 feet in width.

3.         Rear Yard. The rear yard shall not be less than 20% of the lot depth. Customary accessory structures may be located in the required rear yard, but no building shall be erected nearer than 5 feet to any lot line.

4.         Easement Setbacks. No building, whether principal or accessory, shall encroach upon any utility easement as depicted on the accompanying plat.

D.        Building Height

No building shall exceed 21/2 stories or 35 feet in height.

E.        Side Yard Access Easement

Upon the accompanying plat, there is designated by symbol dots (" - ") the common side lot line (hereinafter referred to as the "Access Lot Line") of certain adjoining lots. The Owner/Developer herein grants and establishes a nonexclusive perpetual access easement 10 feet in width extending along and centered upon the Access Lot Line for the limited purposes of providing each adjoining lot access to the rear of the lot which might otherwise be precluded. Each lot adjoining an Access Lot Line shall be deemed both a benefitted lot and a burdened lot. The access easement shall be subject to the following limitations:

1.         Within the easement area, no building, heating and air conditioning equipment or other improvements shall be constructed or erected which would prohibit reasonable and effective access by the owner of the benefitted lot, provided, however, nothing herein shall prohibit walks, landscaping, or customary fences.

2.         The owner of the benefitted lot shall have the right to enter upon the easement area to the extent reasonably necessary to gain access to the rear of the benefitted lot for construction and maintenance purposes and the right of entry shall be exercised in a manner to minimize interference with the owner of the burdened lot and shall be preceded by reasonable notice, provided that in cases of emergency, the right of entry shall be immediate.

3.         The owner of the benefitted lot shall indemnify the owner of the burdened lot for all damage to the easement area within the burdened lot resulting from the use of the easement area by the owner of the benefitted lot and without limitation, shall forthwith upon completion of the activity which necessitated entry upon the access area, restore the easement area within the burdened lot to its condition preceding entry, including repair or replacement of fencing and landscaping.

4.         The owner of the burdened lot shall be held harmless from any liability arising from the use and enjoyment of the easement area by the owner of the benefitted lot.

F.         Definitions

In the event of ambiguity of any word or term set forth in Subsections A, B, C, D or E of Section II., the meaning thereof shall be deemed to be defined as set forth within the Broken Arrow Zoning Code as the same existed on August 3, 1992, or as subsequently amended.

SECTION III. PRIVATE BUILDING AND USE RESTRICTIONS

WHEREAS, the Owner/Developer desires to establish restrictions for the purpose of providing for the orderly development of the subdivision and conformity and compatibility of improvements therein.

THEREFORE, the Owner/Developer does hereby impose the following restrictions and covenants which shall be covenants running with the land, and shall be binding upon the Owner/Developer, its successors and assigns, and shall be enforceable as hereinafter set forth.

A.        Architectural Committee - Plan Review

1.         No building, fence, wall or free standing mailbox shall be erected, placed or altered on any lot in the subdivision until the plans and specifications have been approved in writing by Select Homesites, Inc., or its authorized representatives or successors, which are hereinafter referred to as the "Architectural Committee". For each building, the required plans and specifications shall be submitted in duplicate and include a site plan, floor plan, exterior elevations, drainage and grading plans, exterior materials and color scheme. In the event the Architectural Committee fails to approve or disapprove plans and specifications submitted to it as herein required within 10 days after submission, or in the event no suit to enjoin the erection of the building or structure or the making of an alteration has been commenced prior to the 30th day following completion thereof, approval of the Architectural Committee shall not be required and this covenant shall be deemed to have been fully complied with.

2.         The Architectural Committee’s purpose is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver as hereinafter authorized may take into consideration the nature and character of the proposed building or structure, the materials of which it is to be built, the availability of alternative materials, the site upon which it is proposed to be erected and the harmony thereof with the surrounding area. The Architectural Committee shall not be liable for any approval, disapproval or failure to approve hereunder and its approval of building plans shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading or drainage or code violations. The approval or failure to approve building plans shall not be deemed a waiver of any restriction. Nothing herein contained shall be deemed to prevent any lot owner in the subdivision from prosecuting any legal action relating to improvements within the subdivision which they would otherwise be entitled to prosecute.

3.         The powers and duties of the Architectural Committee shall, on the 1st day of January, 1998, be deemed transferred to the homeowners’ association provided for in Section IV., or upon written assignment to the homeowners’ association by the Architectural Committee, whichever event first occurs, and thereafter the foregoing powers and duties shall be exercised by the board of directors of the homeowners’ association.

B.         Floor Area

Single story dwellings shall have a minimum of 1600 square feet of living area. Multi-story dwellings shall have a minimum of 1600 square feet of living area, provided however, the first floor shall have a minimum of 1000 square feet of living area. The computation of square feet of living area shall exclude garages, open spaces and breezeways.

C.         Garages

An attached garage providing space for a minimum of two automobiles shall be provided on each lot. Garages shall be enclosed and carports are prohibited. Glass in garage doors is prohibited.

D.        Foundations

Any exposed foundation shall be of brick, stone or stucco. No stem wall shall be exposed.

E.        Masonry

The exterior surface of first story exterior walls (excluding windows and doors) shall be of brick, stone or stucco, provided however, the Architectural Committee may, in the particular instance and upon written request, approve a waiver of this restriction.

F.         Windows

Aluminum windows having a mill finish are prohibited.

G.        Roof Pitch

No dwelling shall have a roof pitch of less than 6/12, provided however, the Architectural Committee may, in the particular instance and upon written request, approve a waiver of restrictions to permit a dwelling having a flat roof area equal to no more than 20% of the area covered by all roof surfaces.

H.        Roofing Materials

Roofing shall be self-sealing composition roofing shingles (not less than 225# and weathered wood in color), provided however, in the event that such roofing should hereinafter not be reasonably available, alternative roofing of comparable quality shall be permitted upon the determination of the Architectural Committee that the proposed alternative is of comparable or better quality and of a design and color which is compatible with the roofing first above described.

I.          On-site Construction

No residence built off-site built shall be moved or placed onto any lot.

J.          Outbuildings

Outbuildings are prohibited.

K.        Swimming Pools

Above ground swimming pools are prohibited.

L.         Fencing

Interior fencing or walls shall not extend beyond the building lines of the lot and, if a residence is built behind the front building line of a lot, no fence may extend beyond that point nearest the street at each end corner of the residence, provided however, on corner lots fencing may extend to within 121/2 feet of the street right-of-way forming a side yard boundary of the lot. Fences shall be of wood, brick, stucco or stone. Chain link, barbed wire, meshed and other metal fencing are prohibited. No fence shall exceed 6 feet in height. Notwithstanding the foregoing provisions, fences shall be constructed in accordance with the provisions of Subsection 11.3 of Section 11 of Article VIII of the Broken Arrow Zoning Code.

M.        Perimeter Fencing

The Owner/Developer herein reserves and herein grants to the homeowners’ association to be formed pursuant to Section IV., a perpetual easement to erect and maintain fencing, walls and landscaping along the boundaries of the subdivision adjacent to South 129th East Avenue (Olive) and East 71st Street South (Kenosha) within the fence easements depicted on the accompanying plat as "F/E".

N.        Antennas

Exterior television, "CB" Radio or other type antennas, or similar outside electronic reception devices shall be prohibited. However, satellite dishes or similar outside electronic devices with a twenty-one (21) inch or smaller diameter shall be permitted, provided it is attached to the residence and the top of such device does not exceed the height of the roof peak so as to not be readily visible. No residence shall be permitted to install more that two (2) satellite dishes with a twenty-one (21) inch or smaller diameter at any given time. Furthermore, a single satellite dish or similar outside electronic reception device that has a diameter that exceeds twenty-one (21) inches shall be permitted, provided the satellite dish is located within the back or side yard and fencing or year round natural landscaping is installed and maintained sufficient to shield its view from the street, common areas, and adjacent lots. The Architectural Committee may, in a particular instance and upon written request, approve a waiver of the foregoing restrictions, all such waivers must be in writing signed by the President of the homeowners’ association provided in Section IV.

O.        Lot Maintenance

No inoperative vehicle, equipment or machinery shall be stored on any lot, or in the street in front of any lot. Each lot shall be maintained in a neat and orderly condition free of rubbish, trash and other debris and shall be cut, trimmed ar mowed to prevent growth of weeds and tall grass. The homeowners’ association provided in Section IV, may render services or cause services to be rendered to correct any infractions of the foregoing restriction and assess the charges to the lot as additional homeowners’ association dues which shall constitute a lien on the lot against which the assessment is made, provided the lot owner was given written notice of the infraction and fifteen (15) days to correct the infraction.

P.         Recreational Vehicles

Boats, trailers, campers and other large recreational equipment shall not be stored on any lot, except within an enclosed garage. However, visitors with non-resident owned recreational equipment may be stored on the residents driveway for a period not to exceed three (3) consecutive days or a total of fourteen (14) days out of each calendar year.

Q.        Clotheslines

Exposed clothesline poles or other outside drying apparatus are prohibited and no exposed garbage can, trash can or any trash burning apparatus or structure shall be placed on any lot. The foregoing restriction shall not prohibit the installation of underground garbage and trash storing devices.

R.         Mailboxes

As long a rural type mailbox is in use in Stone Mill for United States Postal Service, all mailbox pedestals shall conform in design to a specific plan to be approved by the Architectural Committee. The mailbox shall be positioned so that the front face is approximately 6 inches in from the base of the curb and 6 feet from the "inside edge" of the driveway. "Inside edge" shall mean the edge of the driveway which borders the largest continuous lot area. The top of the mailbox shall be 42 inches from street level.

S.         Animals

No animals, livestock or poultry of any kind may be maintained, bred, sold or kept except that two dogs, two cats or other household pets may be kept provided that they are not used for commercial purposes.

T.         Noxious Activity

No noxious or offensive trade or activity shall be carried out upon any lot nor shall anything be done thereon that may be or may become an annoyance or nuisance to the neighborhood.

U.                 Signage

Voted into effect by the homeowners at the Annual Homeowner’s Association meeting on Tuesday, January 6, 2004.

 Passed 37 to 8.

AMENDMENT:  No sign of any kind shall be displayed to the public view on any lot except “professionally made” signs of not more than 5 square feet advertising the property for sale or rent or signs used by a builder to advertise the property during the construction and sales period, school spirit, security and holiday signs.

V.        Materials and Storage

No lot shall be used for the storage of materials for a period of greater than 30 days prior to the start of construction and the construction shall be completed within 9 months thereafter. Each lot shall be maintained in a neat and orderly condition.

SECTION IV. HOMEOWNERS’ ASSOCIATION

A.        Formation of Homeowners’ Association

The Owner/Developer has formed or shall cause to be formed the Stone Mill Homeowners’ Association, Inc. (hereinafter referred to as the "Association"), a non-profit corporate entity to be established in accordance with the statutes of the State of Oklahoma, and to be formed for the general purposes of maintaining the common areas and enhancing the value, desirability and attractiveness of Stone Mill.

B.         Membership

Every person or entity who is a record owner of the fee interest of a lot shall be a member of the Association, and membership shall be appurtenant to and may not be separated from the ownership of a lot. The acceptance of a deed to a lot shall constitute acceptance of membership to the Association as of the date of incorporation, or as of the date of recording of the deed, whichever occurs last.

C.         Covenant for Assessments

The Owner/Developer and each subsequent owner of a lot, by acceptance of a deed therefor, is deemed to covenant and agree to any of the Association assessments to be established by the Board of Directors in accordance with a declaration to be executed and recorded by the Owner/Developer prior to the conveyance of a lot within Stone Mill. An assessment shall be a lien on the lot against which it is made, but the lien shall be subordinate to the lien of any first mortgage.

D.        Enforcement Rights of the Association

Without limitation of such other powers and rights as the Association may have, the Association shall be deemed a beneficiary, to the same extent as a lot owner, of the various covenants set forth within this document, and shall have the right to enforce the covenants to the same extent as a lot owner.

SECTION V. ENFORCEMENT, DURATION, AMENDMENT AND SEVERABILITY

A.        Enforcement

The restrictions herein set forth are covenants to run with the land and shall be binding upon the Owner/Developer, its successors and assigns. Within the provisions of Section I. Public Streets, Easements and Utilities are set forth certain covenants contained in Section II. Planned Unit Development Restrictions are established pursuant to the Planned Unit Development provisions of the Broken Arrow Zoning Code and shall inure to the benefit of the owners of lots within the subdivision, shall inure to the benefit of the homeowners’ association provided for in Section IV., and shall inure to the benefit of the City of Broken Arrow, Oklahoma. The covenants within Section III. Private Building and Use Restrictions shall inure only to the benefit of owners of lots within the subdivision and the homeowners’ association provided for in Section IV. If the undersigned Owner/Developer, or its successors or assigns, shall violate any of the covenants within Section II., it shall be lawful for any person or persons owning any lot situated within the subdivision or the homeowners’ association, or the City of Broken Arrow to maintain any action at law or in equity against the person or persons violating or attempting to violate any such covenant, to prevent him or them from so doing or to compel compliance with the covenant or to recover damages. If the undersigned Owner/Developer, or its successors or assigns, shall violate any of the covenants within Section III., it shall be lawful for any person or persons owning any lot situated within the subdivision or the homeowners’ association to maintain any action at law or in equity against the person or persons violating or attempting to violate any such covenant, to prevent him or them from so doing or to compel compliance with the covenant or to recover damages. In any judicial action brought by the homeowners’ association or any lot owner, which action seeks to enforce the covenants or restrictions set forth within Section II. or Section III., or to recover damages for the breach thereof, the prevailing party shall be entitled to receive his or its reasonable attorney fees and costs and expenses incurred in such action.

B.         Duration

These restrictions shall remain in full force and effect until January 1, , and shall automatically be continued thereafter for successive periods of 10 years, unless terminated or amended as hereinafter provided.

C.         Amendment

The covenants contained within Section I. Public Streets, Easements and Utilities may be amended or terminated at any time by a written instrument signed and acknowledged by the Broken Arrow Planning Commission, or its successors with the approval of the City of Broken Arrow, Oklahoma. The covenants contained within Section II. Planned Unit Development Restrictions may be amended or terminated at any time by a written instrument signed and acknowledged by the Owner/Developer during such period that the Owner/Developer is the record owner of at least 10 lots within Stone Mill or alternatively, the covenants within Section III. May be amended or terminated at any time by a written instrument signed and acknowledged by the owners of more than 75% of the lots within the subdivision. The provisions of any such instrument amending or termination convenants shall be effective from and after the date it is properly recorded.

D.        Severability

Invalidation of any restriction set forth herein, or any part thereof, by an order, judgment, or decree of any Court, or otherwise, shall not invalidate or affect any of the other restrictions of any part thereof as set forth herein, which shall remain in full force and effect.

IN WITNESS WHEREOF: SELECT HOMESITES, INC., an Oklahoma corporation, has executed this instrument this ____ day of _________________________, 1994.

SELECT HOMESITES, INC.,

an Oklahoma corporation

ATTEST:

_________________________                      By _________________________

Secretary                                                          ,President

STATE OF OKLAHOMA     )

) ss.

COUNTY OF TULSA            )

Before me, the undersigned, a Notary Public in and for said County and State on this _____ day of ____________________, 1994, personally appeared ___________________, to me known to be the identical person who subscribed the name of the maker thereof as its President and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of the corporation, SELECT HOMESITES, INC., for the uses and purposes therein set forth.

_________________________         _____________________________

My commission expires                                               Notary Public

CERTIFICATE OF SURVEY

I, Jack C. Cox, a Registered Professional Land Surveyor, in the State of Oklahoma, do hereby certify that I have carefully and accurately surveyed, subdivided, and platted the tract of land described above, and that the accompanying plat designated herein as "Stone Mill", a subdivision in the City of Broken Arrow, Tulsa County, State of Oklahoma, is a true and correct representation of the survey.

   _____________________________

JACK C. COX, Registered

Professional Land Surveyor, #531

STATE OF OKLAHOMA     )

) ss.

COUNTY OF TULSA            )

This instrument was acknowledged before me this ______ day of _____________________, 1994, by Jack C. Cox, for the uses and purposes therein set forth.

_________________________         _____________________________

My commission expires                                               Notary Public