WVHOA

Covenants: Pg 19-20

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Section 7: Attendance at Meetinqs. Any representative of a Mortgagee or Insurer may attend and address any meeting which an Owner may attend.

Section 8: Appointment of Trustee. In the event of damage, destruction, or condemnation of all or a portion of the Common Elements, any Mortgagee may require that such proceeds be payable to a trustee. Such trustee may be required to be a corporate trustee licensed by the State of Colorado. Proceeds will thereafter be distributed pursuant to the Act or pursuant to a condemnation award. Unless otherwise required, the members of the Executive Board, acting by majority vote through the president, may act as trustee.

Section 9: Payment of Delinquent Fees. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Elements and may pay overdue premiums on hazard insurance policies or secure new hazard insurance on the lapse of such a policy for such Association property, and Mortgagees making such payments shall be owed immediate reimbursement therefore from the Association.

ARTICLE XII. GENERAL PROVISIONS

Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner, by the Architectural Control committee, or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court shall award to the prevailing party in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the costs and reasonable attorney's fees incurred by the prevailing party in connection with such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration.

Section 2: Duration. This Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided in the Act.

Section 3: Amendment. Except as otherwise provided in this Declaration, this Declaration may be altered or amended at any time the then record Owners of sixty-seven percent (67%) or more of the Lots so elect through a duly written and recorded instrument.

Section 4: Management of the Common Elements. The Association may obtain and pay for the services of a managing agent to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation, and maintenance of the Common Elements; provided, however, that any contract in regard to the hiring or employing of such a managing agent or other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee.

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Section 5: FHA/VA Approval. So long as the Declarant owns more than fifty percent (50%) of the Lots or maintains control of the Association or Executive Board pursuant to Article V above, the following actions shall require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Elements, dedication of Common Elements, dissolution and amendment of the Articles of Incorporation of the Association.

EXHIBIT ?“A?”

Legal Description of the Real Estate:

Westwood Third Subdivision to the City of Loveland, according to the recorded plat thereof, Larimer Country, Colorado.

EXHIBIT ?“B?”

Easements to Which the Real Estate is Subject:

1. An easement for electric transmission or distribution line or system and incidental purposes granted to Poudre Valley Rural electric Association, Inc. by the instrument recorded November 20, 1974 in Book 1625 at Page 659, said right of way not being specifically defined.
2. An easement for utility systems and incidental purposes granted to the City of Loveland, Colorado, a Municipal Corporation by the instrument recorded March 24, 1994 at Reception No. 94026439.
3. The following items as set forth on the plat of Westwood Third Subdivision to the City of Loveland, to-wit:
   1. All notes as shown.
   2. Easements for utilities, drainage, postal, ditch and incidental purposes as shown.