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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
GARRETT RANCH RIDGE SUBDIVISION

That Garrett Ranches Packing, an Idaho general partnership, whose members are
Frankie L. Garrett and Gary L. Garrett and VanSlyke Farms, Inc., an Idaho corporation, by
and through Howard VanSlyke, its president, as developers and grantors (hereinafter
"Developer"), do hereby certify and declare that there is to be established a general plan for
the development, improvement and maintenance, and protection of the real property within
the development known as Garrett Ranch Ridge Subdivision, and Developer does hereby
establish the restrictions and protective covenants as set forth below. Developer does further
declare that it is the owner of the real property situated in Canyon County, Idaho, more
particularly described within that certain plat of Garrett Ranch Ridge Subdivision, recorded
October 17, 2006, as Instrument No. 2006 83397, in the Office of the Recorder for Canyon
County, Idaho, hereinafter referred to as Garrett Ranch Ridge Subdivision.

PROPERTY USE AND RESTRICTIONS: All land within the above-described real
property, including lots, parcels and tracts thereof, and any conveyance covering or
describing all or any part thereof, either by reference to the above described plat or by any
number or designation hereon, or by any other description, shall be subject to the following
restrictions, covenants and conditions. By the acceptance of any such conveyance, the
Grantee or Grantees, and there heirs, executors, administrators, successors and assigns,
covenant with the undersigned Developer, its successors and assigns, and with each other as
to the property above-described as follows:

SECTION 1. LAND USE AND BUILDING TYPE: All lots in said
development shall be known and described as rural residential lots, and said lots, or any part
thereof; or any structure placed thereon, shall not be used for commercial purposes, except
as provided herein. The uses of said lots shall be limited to buildings used solely for rural
residential or related purposes. A residential building is a structure completely under one roof
for the use of not more than one family. Each lot shall be restricted to one single-family
residential dwelling and related appurtenant structures. Other outbuildings incidental to
residential use shall be allowed, and shall substantially match and be compatible with the
single-family dwelling constructed on the lot. An "at-home" business, or a small agricultural-
related business, may be conducted so long as the business is legal, safe, and does not disturb
any neighbor by noise, odor, traffic, parking or in any other way. Selling of produce, flowers
or farm product and maintaining a feedlot, or other commercial activities are expressly
prohibited. No residence, dwelling, building, lot, or any portion thereof, may be rented to
any person. Rental of any real property within Garrett Ranch Ridge Subdivision is strictly
prohibited.

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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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SECTION 2. ARCHITECTURAL CONTROL: No building shall be
erected, placed or altered on any residential building plot in this development until the
building plans, specifications, paint color, and plot plan showing the location of such
building have been approved in writing, as to the conformity and harmony of external design
with the existing structures in the development, and as to location of the buildings with
respect to topography, finish grade elevations, and minimum building set back lines by the
Architectural Control Committee.

a. Architectural Control Committee. The initial Architectural Control
Committee shall be made up of three members. The initial members shall be Gary Garrett,
Kristie Garrett and Howard VanSlyke. A majority of the Committee may designate a
representative to act for it. In the event of death or resignation of any member of the
Committee, the remaining members shall have full authority to designate a successor. Neither
the members of the Committee nor its designated representative shall be entitled to any
compensation for services performed pursuant to this declaration At any time, the then record
owners of three-fourths (3/4) of the Lots shall have the power through a duly recorded
written instrument to (a) change the membership of the Committee or (b) to withdraw from
the Committee or to restore to it any of its powers and duties It is the intention of this
provision to require three-fourths (3/4) of the lots to amend these covenants and if an owner
owns more than one (1) lot, that owner is entitled to cast a vote for each lot owned.
b. The Committee's approval or disapproval shall be in writing. In the event
the committee fails to approve or disapprove any plans within thirty (30) days after the plans
and/or specifications have been submitted to it in writing, or in the event no lawsuit to enjoin
the construction has been commenced prior to the completion of the building, approval will
not be required and the covenants herein related to the building only shall be deemed to have
been fully complied with.
SECTION 3. DWELLING SPECIFICATIONS: Alldwellingsshallhave
a minimum floor area of the main structure, exclusive of open porches and garages, of not
less than 2000 square feet.

The Architectural Control Committee shall have the power to approve plans for split-
level or two-story homes, so long as the first story or level of the home proposed has at least
70% of the minimum floor area set forth above, and the total square footage of the home
exceeds the square footage requirements set forth above.

Each single-family dwelling shall have a free-standing or attached, or semi-attached
garage for not less than two vehicles, including boats, campers, trailers and other recreational
vehicles. No fence or wall shall be erected, placed or altered on any lot nearer to any street
than the minimum building setback lines, or as otherwise set forth below, unless approved by
the Architectural Control Committee. Open carports, or similar structures intended for the
parking of vehicles which consist of a roof without sides are strictly prohibited unless

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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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shielded from public view in accordance with these covenants. In no event shall a
manufactured or relocated house be erected, placed or permitted to remain on any lot.

At or prior to the completion of a dwelling, owners shall construct a driveway from
the public common road to the garage or other outbuilding adequate to provide off-street
parking for the vehicles of the occupants and their guests. All driveways shall be properly
surfaced and maintained with asphalt, concrete or gravel. All driveways shall be constructed
in accordance with any and all requirements imposed by any governmental entity, including
but not limited to any highway and/or fire district. Footage requirements for all driveways
shall be approved by the Architectural Control Committee.

SECTION 4. BUILDING LOCATION:

a. No building shall be located on any lot nearer than twenty (20) feet to
the front lot line, and must be in compliance with any applicable city or county setback
requirements, as well as these covenants.
b. No building shall be located closer than ten (10) feet to any interior side
lot line. No dwelling shall be located on any interior lot nearer than fifteen (15) feet to the
rear line.
c. For the purposes of this covenant, eaves, steps and open porches shall
not be considered as a part of the building, provided, however, that this shall not be
construed to permit any portion of a building on a lot to encroach upon another lot.
d. No antennae of any kind shall extend above the roof line of the
residence or building upon which it is located, or to which it is attached.
e. No barn or similar building shall be placed within fifty (50) feet of any
neighboring residential building or individual domestic well.
f. Each structure constructed on any lot shall be placed upon the lot in
such a manner as to minimize obstruction of the views from other lots.
g. No owner shall allow any trees, hedges, towers or structures that
unreasonably interfere with the view from any other lot, and no trees of a height of forty (40)
feet or more shall be permitted without the express approval of the Architectural Control
Committee.
h. The exact location of each building is subject to review and
control by the Architectural Control Committee prior to the commencement of construction.
i. Each property owner shall be responsible for maintaining a postal
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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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mailbox with the property address thereon. Postal authorities must be contacted by the
parcel owner for proper mailbox dimensions and location. All mailboxes shall be standard
type, and approved by the Architectural Control Committee. A newspaper delivery box may
be attached to or located to one side of the mailbox.

SECTION 5. LANDSCAPING: Theownershallsubmitalandscaping
plan in writing to the Architectural Control Committee for approval. Landscaping shall be
completed in accordance with the plans approved within sixty (60) days from the date of
occupancy of the dwelling, weather permitting.

SECTION 6. EXTERIOR LIGHTING: Noexteriorlightingshallbeinstalled
or maintained on any lot (or structure thereon) that interferes with the use and enjoyment of
adjacent lots, or without prior written approval of the proposed installation by the
Architectural Control Committee.

SECTION 7. EASEMENTS: Lot owners shall agree to grant easements to
the extent necessary for installation and maintenance of utilities and storm retention ponds.
All utilities shall be placed underground. Within these easements, no structure, planting, or
other material shall be placed or permitted to remain which may damage or interfere with the
installation or maintenance of utilities, or which may change the direction of flow of
drainage channels in the easements, or which may obstruct or retard the flow of water
through channels in the easements. The easement areas of each lot, and all improvements in
it, shall be maintained continuously by the owner of the lot, except for those improvements
for which the Homeowners Association, a public entity, or utility company is responsible.

SECTION 8. BUILDING MATERIALS: All dwellings shall be site built,
new stick construction, and shall be of frame or stone. If materials other than brick or stone
are used, the exterior shall be finished and painted. In all cases, the exterior shall be kept in
good repair. Colors shall be limited to earth tones, or such other colors as are approved by
the Architectural Control Committee, and such colors, size, location, style and finish of each
proposed building shall be subject to the conditions set forth herein, as well as architectural
and aesthetic review and control of the Architectural Control Committee prior to the
commencement of construction. No owner shall allow repainting of the outside walls or
fences without first obtaining written approval of the Architectural Control Committee as to
color. All patio roofs shall be of design and color consistent with the roof of the dwelling
unit.

No manufactured or mobile homes or trailer houses of any kind shall be
permitted, except that an owner actually building a residence may occupy temporary living
facilities for a period not to exceed one (1) year. Thereafter, occasional use of a travel trailer
by individuals temporarily visiting a lot owner shall be permitted, so long as such use does
not exceed thirty (30) days.

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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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SECTION 9. MAINTENANCE DURING CONSTRUCTION: The
following requirements shall apply during the construction of improvements on all lots.

A. All debris shall be removed daily.
B. No materials shall be placed or kept on any adjoining lots.
C. Vehicles belonging to workmen or used in the construction of the
improvements shall not be parked in front of any occupied dwelling, or interfere with traffic
on public streets or private streets. Tires should be free of mud, and debris before accessing
the public rights-of-way.
D. Utilities, including water, shall not be taken from any other lot without the
approval of the owner thereof.
E. A receptacle for trash and debris shall be located on the subject lot, and shall
not be overfilled.
F. Each owner shall be responsible for repair of any damage which may occur
during the construction period to any road, mailbox, utility facility or other onsite or offsite
improvement caused by the owner or owner=s agents.
SECTION 10. WORK PROSECUTION: The construction or
remodeling of all dwellings and outbuildings shall be prosecuted diligently and continuously
from the time of commencement thereof, and the same shall be completed, including interior
painting, within one (1) year after the date of commencement, unless such completion is
prevented by causes beyond the control of the grantee.

SECTION 11. TEMPORARY STRUCTURES: Other than as provided in
Section 8, no structure of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuildings shall be used on any lot at any time as a residence, whether temporarily
or permanently.

SECTION 12. MOVED BUILDINGS: Nobuildingshallbemovedontoany
building site unless specific permission and approval of plans, specifications and location are
obtained in writing from the Architectural Control Committee.

SECTION 13. NUISANCES: No noxious or offensive activity shall be
carried on or upon any lot, nor shall anything be done on any lot which may become an
annoyance or nuisance to the neighborhood. No junk, wrecked, or nonfunctional vehicles
will be permitted to be parked in public view. Any car, truck, recreational vehicle,
motorcycle, ATV boat, snowmobile or other vehicle of any kind or nature shall either (1) be
concealed from public view, or (2) if exposed to public view, be currently licensed for use

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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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and in good condition.

SECTION 14. BILLBOARDS-SIGNS: Unless otherwise approved in
writing by the Architectural Control Committee, no sign of any kind shall be displayed to the
public view on any residential building site, except on a sign of not more than six (6) square
feet advertising the property for sale, or a name of resident sign not exceeding three (3)
square feet which must be attached to the structure. This section is not intended to preclude
an official sign, as approved by the Architectural Control Committee, at the entrance to the
development bearing the name Garrett Ranch Ridge Subdivision, or larger signs used by the
Developer to advertise for sale the lots within said subdivision.

SECTION 15. ANIMALS: No more than three (3) horses shall be permitted
to be kept on any one lot, and all horses must be confined in a dry corral with a barn. Horses
will only be allowed on lots with occupied residential structures. Corral fence type and barn
type as well as their locations, must be approved by the Homeowners Association. No other
livestock, including cattle, swine, sheep, goats, llamas, alpacas, poultry, emus, ostriches,
reptiles, snakes or game birds will be allowed. Dogs and cats will be allowed, but no dog or
cat breeding enterprises will be permitted, and no owner or occupant shall be allowed to
obtain a kennel permit or license from the county for use on any lot. Pit bull dogs and pit
bull hybrids, wolf hybrids, or any other breed known to be vicious, are specifically
prohibited. The Homeowner’s Association can hold a vote to allow or prohibit questionable
dogs on a case by case basis. All pets must be confined to the owner’s property. All county,
state and federal ordinances will apply. All other pets, wild animals, reptiles, or waterfowl
will be denied or approved by the Homeowner’s Association. Animals shall not be
maintained for any commercial purpose. Animals shall not become a nuisance to adjoining
property owners. The property owner shall be held civilly and/or criminally liable for issues
created by their animals.

SECTION 16. FENCE, HEDGE, OR WALLS: No fence, hedge or
boundary wall situated anywhere upon any lot shall have a height greater than six (6) feet
above the finished graded surface of the ground upon which such fence, hedge, or wall is
situated. Fencing around the home and yard shall be constructed of pole, vinyl, or post and
rail, including corrals. All other fencing shall be of commonly used fencing materials, and be
designed to be harmonious with surrounding properties. No wire fencing of any type shall be
permitted, except for dog runs. All fencing and the location of fences shall be approved by
the Architectural Control Committee before installation.

SECTION 17. EXCAVATION AND DEFACING: No commercial
excavation, drilling, or quarrying for stone, sand, gravel, cinders, fill, earth, oil, natural gas,
coal, or other natural resources shall be made upon any lot following the sale thereof by the
Developer. Excavation shall thereafter be permitted only (1) to the extent necessary or
desirable for the erection of any improved structure upon the lot; or (2) to allow removal of
materials to be used upon the lot for any non-commercial purpose. Nothing contained herein

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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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shall preclude the Developer from extracting materials from any unsold lot for use in
improving any public access road within the development.

SECTION 18. REFUSE AND DUMPING: No lot or building site included
within this development shall be used or maintained as a dumping ground for rubbish,
abandoned automobile bodies, trash, garbage, or other waste material. Incinerators used for
disposal, if permitted, and other receptacles for storage of trash, and garbage shall be
maintained in a sanitary and clean condition. No junk machinery, trailers, trucks, appliances
or unsightly material of any sort or nature, or junk automobiles and appliances shall be kept
on any of said premises. Any machinery, trailers, trucks, boats, automobiles and appliances,
unless for a temporary period, shall be concealed in a structure so that the same shall not
constitute an unsightly or offensive condition. No machinery, building, equipment, or
material shall be stored upon a site until the grantee is ready and able to commence the
construction with respect to such building upon which such building material will be used,
and then such building material shall be placed within the property line of such building site
upon which the structure is to be erected.

SECTION 19. DOMESTIC WATER AND SEPTIC SYSTEMS: Each lot
owner acknowledges that it is their responsibility to provide and install their own individual
domestic water and septic systems. Each lot owner also acknowledges that the primary
purpose of their water well is for domestic use, and irrigation usage is limited to one-half
(1/2) acre irrigated. All wells and septic placements must match the approved report on file
with Southwest District Health. All costs relating to well drilling, delivery of domestic
water, septic system installation and plumbing shall be at the expense of the parcel owner
and shall meet all government regulations. Owners acknowledge that no declarations,
representations, or warranties have been made regarding the quantity or quality of water
available now or in the future, nor have any representations been made as to the cost of
drilling, installation, repair, maintenance or upkeep and operation of any well. Each well
shall be drilled and maintained in accordance with all applicable laws and ordinances.

SECTION 20. SEWAGE DISPOSAL FACILITIES: Ownersshallinstall,at
owner's expense, a septic system of sufficient size and capacity for their lot. Further, owners
shall maintain such system in a clean and sanitary fashion, and in accordance with all
applicable laws and ordinances. All bathroom, sink, and toilet faculties shall be located
inside the dwelling house or other suitable appurtenant building. Drainage from such septic
system shall be kept within the limits of each building site, unless an adequate easement is
obtained from an adjacent lot owner. Approval of all sewage and disposal systems shall be
obtained from Southwest District Health Department. The Developer shall have no obligation
to construct or maintain any sewer, or provide any connection thereto.

SECTION 21. MAINTENANCE: Thefollowingprovisionsshallgovern
the maintenance of lots and all improvements thereon:

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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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(a) Each owner of all lot shall maintain all improvements located thereon in
good and sufficient repair, and shall keep the improvements thereon painted or stained, lawns
cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut, and
otherwise maintain the same in a neat and aesthetically pleasing condition. (a) Ground
Cover: all grasses and weeds must be mowed or managed in a manner that will not create a
fire hazard to the subdivision.
(b) All damage to any improvements shall be repaired as promptly as is
reasonably possible.
(c) A building which is vacant for any reason shall be kept locked and the
windows glazed in order to prevent entrance of vandals. Vacant buildings and unimproved
lots shall not be exempt from the provisions of these Covenants, Conditions and Restrictions.
(d) All structures, facilities, equipment, objects and conditions determined
by the Architectural Control Committee and/or the Homeowners Association in it its sole
discretion, to be offensive shall be enclosed within an approved structure or appropriately
screened from public view. All trash, debris, garbage and refuse shall be kept at all times in
a covered container, and all such containers shall be kept on a lot within an enclosed
structure or screened from public view.
(e) No articles, goods, machinery, materials or similar items shall be stored,
kept or maintained on a lot in the required set-back area along a public or private right-ofway, or otherwise kept in the open or exposed to public view.
(f) Any event or condition on a lot, or adjacent to a lot if under the control
of the owner, which, in the sole discretion of the Architectural Control Committee and/or the
Homeowners Association, creates an unsightly or blighting influence, shall be corrected,
removed or obstructed from public view, as the case may be, by the owner of the lot,
notwithstanding the fact that such event or condition may not be specifically described
and/or prohibited in these Covenants, Conditions and Restrictions. If such event or condition
is not promptly corrected by the owner, the Architectural Control Committee and/or the
Homeowners Association shall have the right to correct the same pursuant to subsection (g)
below.
(g) In the event that any owner shall permit any improvement, including any
landscaping which is the responsibility of such owner to maintain, to fall into disrepair or as
to create a dangerous, unsafe, unsightly or unattractive condition, the Architectural Control
Committee and/or the Homeowners Association, upon fifteen (15) days prior written notice
to the owner of such lot, shall have the right to correct such condition, and to enter upon said
lot and into any building or structure thereon, if necessary, for the purpose of correcting or
repairing the same, and such owner shall promptly reimburse the Association for the cost
thereof. The owner of the offending lot shall be personally liable, and such owner=s lot may
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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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be subject to a mechanic=s lien for all costs and expenses incurred by the Association in
taking such corrective action, plus all costs incurred in collecting the amounts due. Each
owner shall pay the amounts due for such work within ten (10) days after receipt of written
demand therefore, or the amounts may, at the option of the Architectural Control Committee
and/or the Homeowners Association, be levied as an assessment against said lot, and shall be
enforceable in the same manner as set forth in Section 24 (e) 6.

SECTION 22. TERM: These covenants shall run with the land described
herein and shall be binding upon the parties thereto, and all successors in title or interest to
said real property, or any part thereof, for a period of twenty-five (25) years from the date of
the recording hereof, after which time such covenants shall automatically be extended for
succeeding periods of ten (10) years each, unless an instrument signed by the majority of the
owners of said tracts has been recorded agreeing to change said covenants. These covenants
may be amended by a vote of three-fourths (3/4) of the lot owners. The amendments must be
in writing and have three-fourths (3/4) of the lot owners signatures affixed thereto. Said
amendments must comply with all other governmental agency laws, ordinances and
regulations, including but not limited to the Canyon County Planning and Zoning
Commission or other agencies, if applicable. It is the intent of this provision to require three-
fourths (3/4) of the lots to amend these covenants, and if an owner owns more than one (1)
lot, that owner is entitled to cast a vote for each lot owned.

SECTION 23. VIOLATION: Inadditiontoandnotwithstandinganyother
provision of these Covenants, Conditions and Restrictions, should the parties hereto, or any
of them, or their heirs or assigns, violate, or attempt to violate, any of the covenants or
restrictions herein set forth, any person or persons owning any other lot may bring a civil
action, at law or in equity, against the person or persons violating, or attempting to violate,
any such covenant or restriction to prevent or enjoin the alleged violation.

SECTION 24. HOMEOWNERS ASSOCIATION:

a. Membership. Every owner of a lot that is in Garrett Ranch Ridge
Subdivision shall be a member of the Homeowners Association. The foregoing is not
intended to include persons or entities that hold an interest merely as security for the
payment of an obligation. Membership shall be appurtenant to, and may not be separated
from, ownership of any lot that is subject to assessment. Such ownership shall be the sole
qualification for membership, and shall automatically commence upon a person becoming
such owner, and shall automatically terminate and lapse when such ownership in said
property shall terminate or be transferred. Absolute liability is not imposed on
owners/members for damage to common areas or lots in the development.
b. Annual Meetings. An annual meeting of the membership of the
Homeowners Association shall be held and conducted by the Board of Directors.
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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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c. Voting Rights. The Homeowners Association shall have two
classes of voting membership:
Class A: Class A members shall be all owners and shall be entitled to
one vote per lot. Fractional votes shall not be allowed. The contract seller shall exercise the
vote applicable to any said lot being sold under contract of purchase, unless the contract
expressly provides otherwise.

Class B: Class B members shall be the Developer, and shall be
entitled to two (2) votes for each lot owned.

d. Board of Directors. The Board of Directors of the Homeowners
Association shall consist of three members, to be elected by a simple majority of members,
whether in person or by proxy. The initial term of the board members shall be one (1) year
for the first two directors and two (2) years for the third director. Thereafter, all terms shall
be for two (2) years. This shall avoid replacement of all three directors in any one year.
The initial Board of Directors shall consist of Gary Garrett, Kristie
Garrett and Howard VanSlyke. At such time that the total of number of lots owned by the
Developer becomes less than twenty-five (25) percent of the total platted lots, the members
of the Homeowners Association shall elect a new Board of Directors. A yearly meeting of
the Board of Directors shall be required, in addition to such other meetings as the Board
deems necessary from time to time.

e. Architectural Control Committee. Initially, the Architectural Control
Committee shall consist of Gary Garrett, Kristie Garrett and Howard VanSlyke. At such time
that the total number of lots owned by Developer becomes less than twenty-five percent (25)
of the total number of platted lots, then the membership of the Architectural Control
Committee shall be appointed by the Board of Directors of the Association to succeed the
prior Committee membership upon such appointment.
f. Assessment.
1. Creation of the Lien and Personal Obligation of Assessment: Each owner of
any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Homeowners Association:
(a) Regular annual assessments or charges; and
(b) Special assessments for capital improvements. Such assessments
to be established and collected as hereinafter provided. The regular annual and special
assessments, together with interest, costs of collection and reasonable attorney fees incurred
in collection, shall be a charge on the lot, and shall be a continuing lien upon the lot against
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AND RESTRICTIONS OF GARRETT RANCH RIDGE
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which each such assessment is made. Each such assessment together with interest, costs, and
reasonable attorney fees, shall also be the personal obligation of the owner of such lot at the
times when the assessment fell due. The personal obligation for delinquent assessments shall
not pass to his successors in title unless expressly assumed by them but unpaid assessments
shall constitute a continuing lien against the lot until paid.

2. Purpose of Assessments: The assessments levied by the Homeowners
Association shall be used exclusively for routine maintenance of storm water retention ponds
and common areas.
3. Annual Assessments: The annual assessments shall be one
hundred dollars ($100.00) per lot per year, billed and payable on an annual basis. The
assessments shall be due January 1 of each calendar year. The first year assessment will be
prorated for the current year and collected as of the date of closing. The annual assessment
may be increased at any time by the affirmative vote of three-fourths (3/4) of the lot owners.
The annual assessment will be put into a Homeowners Association account for the
maintenance of the Common Areas and storm water retention pond easements.
4. Initiation Assessment: Upon the initial conveyance of each lot, the
purchaser thereof shall pay an initiation assessment in the amount of one hundred dollars
($100.00), collected at closing and paid directly to the Developer.
5. Date of Commencement of Annual Assessments: The annual
assessments provided for herein shall commence as to a lot sold on the first day of the month
following the initial conveyance of the said lot. The first annual assessment shall be adjusted
according to the number of months remaining in the calendar year and collected at closing.
The Board of Directors of the Homeowners Association shall fix the amount of the annual
assessment against each lot at least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessment shall be sent to every owner subject thereto.
The due dates shall be established by the Board of Directors. The Homeowners Association
shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of
the Homeowners Association setting forth whether the assessments on a specified lot have
been paid. A property executed certificate of the Homeowners Association as to the status of
assessments on a lot is binding upon the Homeowners Association as of the date of its
issuance.
6. Effect of Nonpayment of Assessments: Remedies of Association:
Any assessment not paid within thirty (30) days after the due date shall bear interest from the
due date at a rate of eighteen percent (18) per annum. The Homeowners Association may
bring an action at law against the owners personally obligated to pay the same, or foreclose
the lien against the property. No owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of any common area or abandonment of his lot.
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7. Subordination of the Lien to Mortgages: The lien of the assessments
provided for herein shall be subordinate to the Lien of any first mortgage. Sale or transfer of
any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant
to mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments that became due prior to such sale or transfer. No sale or transfer
shall relieve such lot from liability for any assessments thereafter becoming due or from the
lien thereof.
8. Exempt Property: The following property shall be exempt from the
assessments created herein.
a. All property expressly dedicated to and accepted by a local public
authority;
b. Any common areas and storm water retention ponds
c. All lots owned by Developer, until title is transferred to another party,
or until occupancy, whichever occurs first; and
d. All other properties owned by Developer or the Association.
That the invalidation of any one of these covenants by judgment or court order shall in
no way affect any of the other provisions which shall remain in full force and effect.

Date: ______________________ By
__________________________________
Gary Garrett, Partner
Garrett Ranches Packing

Date: By
Frankie L. Garrett, Partner
Garrett Ranches Packing

Date:______________________ By:
__________________________________
Howard VanSlyke, President
VanSlyke Farms, Inc.

DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF GARRETT RANCH RIDGE
SUBDIVISION Page 12 of 14

STATE OF IDAHO )

)ss.
County of Owyhee )

On this 16th day of November, 2006, before me, the undersigned, a notary public in and for
said county and state, personally appeared Gary Garrett, known or identified to be one of the
partners in the partnership of Garrett Ranches Packing, and the partner or one of the partners
who subscribed said partnership name to the foregoing instrument, and acknowledged to me
that he executed the same in said partnership name.

IN WITNESS WHEREFOR I have hereto set my hand and affixed my official seal.

NOTARY PUBLIC FOR IDAHO
Residing at Caldwell
Commission expires: 9/6/2012

DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF GARRETT RANCH RIDGE
SUBDIVISION Page 13 of 14

STATE OF IDAHO )

)ss.
County of Owyhee )

On this 16th day of November, 2006, before me, the undersigned, a notary public in and for
said county and state, personally appeared Frankie L. Garrett, known or identified to be one
of the partners in the partnership of Garrett Ranches Packing, and the partner or one of the
partners who subscribed said partnership name to the foregoing instrument, and
acknowledged to me that he executed the same in said partnership name.

IN WITNESS WHEREFOR I have hereto set my hand and affixed my official seal.

NOTARY PUBLIC FOR IDAHO
Residing at Caldwell
Commission expires: 9/6/2012

STATE OF IDAHO )

)ss.
County of Owyhee )

On this 16th day of November, 2006, before me, the undersigned, a notary public in and for
said county and state, personally appeared Howard VanSlyke, known or identified to be the
President of VanSlyke Farms, Inc., who subscribed his name to the foregoing instrument on
behalf of said corporation, and acknowledged to me that he executed the same.

IN WITNESS WHEREFOR I have hereto set my hand and affixed my official seal.

NOTARY PUBLIC FOR IDAHO
Residing at Caldwell
Commission expires: 9/06/2012

DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF GARRETT RANCH RIDGE
SUBDIVISION Page 14 of 14