Covenants, Conditions & Restrictions (CC&Rs)

Documents listed here are NOT originals. A copy of the original CC&Rs is available from the Navajo County Recorder.

Subdivision: Pinetop Country Club Mobile Homes Unit 1; dated 8 May 1969)

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10.767 and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10768, being the owner and mortgagee, respectively, of the following described real property situated within the County of Navajo, State of Arizona, to-wit:

PINETOP COUNTRY CLUB MOBILE HOMES UNIT ONE, according to the plat of record in the office of the
County Recorder of Navajo County, Arizona, in Plat Book 10 . Page 2,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


1. All of said lots in said subdivision are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. No building (addition or accessory), mobile home, fence, wall, planting exceeding four feet in height, or other structure or  improvement shall be commenced, created or maintained, nor shall any addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, floor plan, materials, location and approximate cost of such structure or improvement have been submitted to and approved in writing by Pinetop Community Association, as hereinafter provided. Failure to give notice of approval or disapproval of such plans and specifications within thirty days after receipt thereof, shall be deemed to constitute approval thereof.

3. Cabanas and porches may not be built separate from trailer home unless attached to trailer directly or by a breezeway and must be blended in color to the trailer. Fireplaces must have spark arresters installed. Rolled roofing, or tin will not be permitted on any additions. Materials used for the construction of cabanas must be of new material unless approved by Pinetop Community Association.

4. No structure of a temporary character, tent, shack, garage, utility room, barn or other out buildings shall be used on any lot at any time as a residence either temporarily or permanently.

5. No more than one mobile home or trailer shall be maintained, or used upon one lot. A camping trailer or boat trailer or boat can be stored if it is placed in such a manner that it is not considered detrimental to the appearance of the property.

6. Exterior walls or cabanas are to be but not limited to: Masonry construction, peeled logs, either round, sawed or hewed; hand split shakes, or burnt adobe; log siding; edged, peeled slabs; rough lumber or siding; or native stone.

7. All mobile homes and trailers must be placed on lots in such a manner that they are parallel to the side property line.

8. No building, structure, mobile home, addition or accessory shall be located on any lot or parcel of land nearer than: (a) ten feet from the front lot line; (b) six feet from the rear lot line; and (c) five feet from any side lot line.

9. All mobile homes located on said lots must be a minimum of seventeen feet in length as designated on certificate of title. All mobile homes must have complete sanitary facilities, including, among others, a lavatory, wash basin, tub or shower, kitchen sink, and must be connected to sewerage outlets in conformity with State and County health requirements; septic tank and leach lines must be in accordance with State and County health requirements.

10. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded map or plat over the rear and side of each lot and parcel of land. Within these easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easement areas of each lot and parcel of land and all improvements in it shall be maintained continuously by the owner of said lot and parcel of land.

11. No advertising signs (except one "For Rent" or "For Sale" sign per lot, not to exceed three square feet), billboards, unsightly objects or nuisance shall be erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

12. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

13. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

14. Any exterior lighting erected on any of the lots in said subdivision shall be shaded so as to not create a nuisance to any other lot or occupier thereof.

15. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

16. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the Association) to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each Iot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lots, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall elect a committee of not less than three persons to act for the Association to take any necessary action required to enforce the provisions herein contained or perform the duties of said association as herein provided. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against the Association.

17. The Association, through its duly elected officers, shall have the right at its option, to enter upon all lots or parcels of land to care for, cut grass, remove rubbish and keep all lots, or parcels of land from creating an unsightly appearance and to charge the owner of said lot, block, or parcel of land for the actual cost plus ten percent for service performed in alleviating said unsightly appearance. Any such charge shall constitute a lien against the real property. All garbage and trash shall be sacked or securely wrapped and placed in a sanitary container, which must be kept tightly closed and in good condition at all times, and no trash or garbage shall, at any time, be burned on any of said lots.

18. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided, each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also, that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

19. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

20. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

21. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

DATED this _8th_ day of May, 1969.

Subdivision: Pinetop Country Club Mobile Homes Unit 2 and aka PCA Unit 22 subdivision: Pinetop Lakes Mountain Homes Unit 1, Lot 95-110 inclusive; dated 12 June 1968

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10.767 and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10768, being the owner and mortgagee, respectively, of the following described real property situate within the County of Navajo, State of Arizona, to-wit:

PINETOP COUNTRY CLUB MOBILE HOMES UNIT TWO according to the plat of record in the office of the
County Recorder of Navajo County, Arizona, in Plat Book 10 . Page 17,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


1. All of said lots in said subdivision are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. No building (addition or accessory), mobile home, fence, wall, planting exceeding four feet in height, or other structure or improvement shall be commenced, created or maintained, nor shall any addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, floor plan, materials, location and approximate cost of such structure or improvement have been submitted to and approved in writing by Pinetop Community Association, as hereinafter provided. Failure to give notice of approval or disapproval of such plans and specifications within thirty days after receipt thereof, shall be deemed to constitute approval thereof.

3. Cabanas and porches may not be built separate from trailer home unless attached to trailer directly or by a breezeway and must be blended in color to the trailer. Fireplaces must have spark arresters installed. Rolled roofing, or tin will not be permitted on any additions. Materials used for the construction of cabanas must be of new material unless approved by Pinetop Community Association.

4. No structure of a temporary character, tent, shack, garage, utility room, barn or other out buildings shall be used on any lot at any time as a residence either temporarily or permanently.

5. No more than one mobile home or trailer shall be maintained, or used upon one lot. A camping trailer or boat trailer or boat can be stored if it is placed in such a manner that it is not considered detrimental to the appearance of the property.

6. Exterior walls or cabanas are to be but not limited to: Masonry construction, peeled logs, either round, sawed or hewed; hand split shakes, or burnt adobe; log siding; edged, peeled slabs; rough lumber or siding; or native stone.

7. All mobile homes and trailers must be placed on lots in such a manner that they are parallel to the side property line.

8. No building, structure, mobile home, addition or accessory shall be located on any lot or parcel of land nearer than: (a) ten feet from the front lot line; (b) six feet from the rear lot line; and (c) five feet from any side lot line.

9. All mobile homes located on said lots must be a minimum of seventeen feet in length as designated on certificate of title and a minimum of ten feet in width. All mobile homes must have complete sanitary facilities, including, among others, a lavatory, wash basin, tub or shower, kitchen sink, and must be connected to sewerage outlets in conformity with State and County health requirements; septic tank and leach lines must be in accordance with State and County health requirements.

10. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded map or plat over the rear and side of each lot and parcel of land. Within these easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easement areas of each lot and parcel of land and all improvements in it shall be maintained continuously by the owner of said lot and parcel of land.

11. No advertising signs (except one "For Rent" or "For Sale" sign per lot, not to exceed three square feet), billboards, unsightly objects or nuisance shall be erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

12. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

13. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

14. Any exterior lighting erected on any of the lots in said subdivision shall be shaded so as to not create a nuisance to any other lot or occupier thereof.

15. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

16. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the Association) to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each Iot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lots, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall elect a committee of not less than three persons to act for the Association to take any necessary action required to enforce the provisions herein contained or perform the duties of said association as herein provided. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against the Association.

17. The Association, through its duly elected officers, shall have the right at its option, to enter upon all lots or parcels of land to care for, cut grass, remove rubbish and keep all lots, or parcels of land from creating an unsightly appearance and to charge the owner of said lot, block, or parcel of land for the actual cost plus ten percent for service performed in alleviating said unsightly appearance. Any such charge shall constitute a lien against the real property. All garbage and trash shall be sacked or securely wrapped and placed in a sanitary container, which must be kept tightly closed and in good condition at all times, and no trash or garbage shall, at any time, be burned on any of said lots.

18. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided, each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also, that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not. 

19. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

20. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

21. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

DATED this _12th_ day of June, 1968.

Subdivision: Pinetop Country Club Unit 3, lots 484 through 643 inclusive; dated 20 June 1967

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10,767, and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10,768 being the owner and mortgagee, respectively, of the following described real property situate within the County of Navajo, State of Arizona, to wit:

PINETOP COUNTRY CLUB UNIT THREE, according to the plat of record in the office of the
County Recorder of Navajo County, Arizona, in Plat Book 9, Page 28,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


A. Lots 484 to 642 inclusive, shall be subject to the following express covenants, restrictions and reservations;

1. Said lots are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. All buildings or structures erected on said lots shall be of new construction and no building or structure shall be moved from other location onto said premises. Not more than one single-family structure maybe erected on any individual lot; provided, however, a separate guest quarter may be constructed without cooking facilities. Every residential structure shall have a fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces, garages and guest quarters of not less than 800 square feet.

3. All plumbing, including but not limited to toilets, bathing facilities, and kitchen facilities, shall be of the modern inside type, connected below the surface of the ground to a septic tank with an adequate leach drainage line below the surface, or to an approved sewer line.

4. No structure shall be erected on any lot within 20 feet of the front line of said lot, or within 15 feet of either side line or rear lot line of said lot; provided, however, that the setback requirements herein provided may be amended or modified by the Pinetop Community Association upon written application by any owner, wherein the Association is of the opinion that the setback requirements would work an undue hardship, or where a variation thereof would be in the best interest of the lot owner and subdivision as a whole.

5. No horses, cattle, sheep, goats, pigs or other livestock or poultry maybe kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

6. No advertising signs (except one "For Rent" or "For Sale" sign per lot, not to exceed three square feet), billboards, unsightly objects or nuisance shall be erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

7. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. No metal fence shall be erected on any lot. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

8. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the "Association") to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each lot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lot, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall appoint a committee of not less than three persons to act for the Association to take the necessary action required in Paragraph 9 below. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against an owner.

9. No building, fence, wall, antenna, broadcasting tower or other structure shall be commenced, erected, maintained or remodeled until the plans and specifications showing the nature, kind, shape, color, height, material, floor plans, location and approximate cost of such structure shall have been submitted to and approved by the Association and a copy thereof, as finally approved, lodged permanently with said Association. Failure of said Association to reject in writing said plans and specifications within thirty days from the date the same are submitted shall constitute approval of said plans and specifications. Approval of plans and specifications shall not be unreasonably withheld, and rejection of any plans or specifications must be based on reasonable judgment as to the effect that said construction changes and alterations will have on the subdivision as a whole. The Association shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable, in its opinion, for aesthetic, or any other reasons, and in so passing upon such plans, specifications and grading plans, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned on the outlook from the adjacent or neighboring property. All subsequent additions to or changes or alterations, including but not limited to painting of exterior surfaces of any building, fence, wall or other structure, shall be subject to the prior approval of the Association.

10. No temporary house trailer, tent or other outbuilding shall be placed or erected on any lot longer than a period of six months, then only during the construction of a permanent dwelling.

11. No elevated tanks of any kind shall be erected, placed or permitted upon any of said lots. Any tanks for use in connection with any residential construction on said property, including tanks for the storage of gas and fuel oil, must be buried or walled in or kept screened by adequate planting to conceal it from the neighboring tracts, roads and streets.

12. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

B. In the event the owner of any lot shall fail to maintain the premises and the exterior of the improvements situated thereon in a manner reasonably satisfactory to the Association, or in the event the owner of any lot shall fail to keep a fire line cleared to the mineral soil around his lot, or permit litter and debris to accumulate on his lot, or fail to comply with any other reasonable fire preventive requirements, Pinetop Community Association, through its agents and employees, shall have the right to enter upon such premises and to repair, maintain, rehabilitate and restore the exterior of any improvements situated thereon and/or clean or clear any lot of litter and debris, or take any other steps necessary to meet reasonable fire preventive regulations; provided, however, that the Association shall first give written notice to the owner of said lot of its intention to make such repairs or of its intention to perform such cleaning, maintenance or rehabilitation work, affording the owner of said lot thirty days time in which to make said necessary repairs, maintenance or clearing work. If at the end of said thirty-day period the work to be performed has not been done by the owner, then Pinetop Community Association shall have the right, as set forth herein, to make such repairs, rehabilitation, clearing or maintenance work. Nothing herein contained shall be construed to grant to Pinetop Community Association any right to enter into or inside of any building located on any lot without the consent of the owner thereof. Any costs incurred by Pinetop Community Association in enforcing and carrying out any of the performance of this paragraph shall be charged against the owner of said lot by invoice.

C. Pinetop Community Association, or its successors, shall be given notice in writing of any intended sale, transfer or conveyance by any of the owners of lots in the subdivision. Within twenty days after said notice is mailed by certified mail to Pinetop Community Association, or its successor, of the owner's intention to sell, stating the price and the name of the purchaser, Pinetop Community Association, through its authorized officers or agents shall, have the option to purchase said lot at the same price and terms as the price and terms offered the proposed purchaser. In the event the said option shall not have been exercised within the twenty-day period, the proposed sale to the purchaser shall be deemed to have been approved by the Association or its successor. In the event that the Association, or its successor, shall fail to exercise the option to purchase said lot within the said twenty-day period, the proposed sale and transfer shall be valid only upon compliance with the following; there shall be filed in the office of the County Recorder of Navajo County, Arizona, and incorporated in the instrument of sale, transfer or conveyance, by reference, one of the following; (1) a certificate of approval by Pinetop Community Association, or its successor, of such sale, transfer or conveyance; or (2) an .affidavit of the owner of said lot that notice has been given to Pinetop Community Association, or its successor, in accordance with the provisions of this paragraph, and that Pinetop Community Association, or its successor, has failed to exercise its option within twenty days from the date of mailing said notice.

D. Should the interest of the owner of any lot become subject to a mortgage or other security device given in good faith and for value to a bank, savings and loan association, insurance company or other corporation or association regularly engaged in making mortgage loans, the holder thereof, upon becoming the owner of such interest through whatever means, or the seller at any sale under a power of sale therein contained, or the purchaser at a foreclosure sale, shall have the unqualified right to sell or otherwise dispose of said interest without complying with the provisions of paragraph "C" hereof, provided that all subsequent purchasers shall take subject to the limitations contained in said paragraph.

E. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise, and provided also that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

F. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

G. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

H. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument, in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

I. Nothing in this agreement to contrary withstanding Lot 601 is hereby exempted from these covenants, restrictions, reservations, and conditions.

DATED this _20th_ day of June 1967.

Subdivision: Pinetop Country Club Unit 4; dated 24 September 1968

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10,767, and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10,768 being the owner and mortgagee, respectively, of the following described real property situate within the County of Navajo, State of Arizona, to wit:

PINETOP COUNTRY CLUB UNIT FOUR, according to the plat of record in the office of the County Recorder of Navajo County, Arizona, in Plat Book 10, Page 3,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


A. Lots 1 to 138 inclusive, shall be subject to the following express covenants, restrictions and reservations:

1. Said lots are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said Lots or improvements located thereon.

2. All buildings or structures erected on said lots shall be of new construction and no building or structure shall be moved from other locations onto said premises. Not more than one single-family structure may be erected on any individual lot; provided, however, a separate guest quarter may be constructed without cooking facilities. Every residential structure shall have a fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces, garages and guest quarters of not less than 800 square feet.

3. All plumbing, including but not limited to toilets, bathing facilities, and kitchen facilities, shall be of the modem inside type, connected below the surface of the ground to a septic tank with an adequate leach drainage line below the surface, or to an approved sewer line.

4. No structure shall be erected on any lot within 20 feet of the front line of said lot, or within 15 feet of either side line or rear lot line of said lot; provided however, that the setback requirements herein provided may be amended or modified by the Pinetop Community Association upon written application by any owner, wherein the Association is of the opinion that the setback requirements would work an undue hardship, or where a variation thereof would be in the best interest of the lot owner and subdivision as a whole.

5. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

6. No advertising signs (except one "For Rent" or "For Sale" sign per lot, by owner only, erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

7. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. No metal fence shall be erected on any lot. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

8. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the "Association") to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each lot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lot, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall appoint a committee of not less than three persons to act for the Association to take the necessary action required in Paragraph 9 below. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against an owner.

9. No building, fence, wall, antenna, broadcasting tower or other structure shall be commenced, erected, maintained or remodeled until the plans and specifications showing the nature, kind, shape, color, height, material, floor plans, location and approximate cost of such structure shall have been submitted to and approved by the Association and a copy thereof, as finally approved, lodged permanently with said Association. Failure of said Association to reject in writing said plans and specifications within thirty days from the date the same are submitted shall constitute approval of said plans and specifications. Approval of plans and specifications shall not be unreasonably withheld, and rejection of any plans or specifications must be based on reasonable judgment as to the effect that said construction changes and alterations will have on the subdivision as a whole. The Association shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable, in its opinion, for aesthetic, or any other reasons, and in so passing upon such plans, specifications and grading plans, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned on the outlook from the adjacent or neighboring property. All subsequent additions to or changes or alterations, including but not limited to painting of exterior surfaces of any building, fence, wall or other structure, shall be subject to the prior approval of the Association.

10. No temporary house trailer, tent or other outbuilding shall be placed or erected on any lot longer than a period of six months, then only during the construction of a permanent dwelling.

11. No elevated tanks of any kind shall be erected, placed or permitted upon any of said lots. Any tanks for use in connection with any residential construction on said property, including tanks for the storage of gas and fuel oil, must be buried or walled in or kept screened by adequate planting to conceal it from the neighboring tracts, roads and streets.

12. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

B. In event the owner of any lot shall fail to maintain the premises and the exterior of the improvements situated thereon in a manner reasonably satisfactory to the Association, or in event the owner of any lot shall fail to keep a fire line cleared to the mineral soil around his lot, or permit litter and debris to accumulate on his lot, or fail to comply with any other reasonable fire preventive requirements, Pinetop Community Association, through its agents and employees, shall have the right to enter upon such premises and to repair, maintain, rehabilitate and restore the exterior of any improvements situated thereon and/or clean or clear any lot of litter and debris, or take any other steps necessary to meet reasonable fire preventive regulations; provided, however, that the Association shall first give written notice to the owner of said lot of its intention to make such repairs or of its intention to perform such cleaning, maintenance or rehabilitation work, affording the owner of said lot thirty days time in which to make said necessary repairs, maintenance or clearing work. If at the end of said thirty-day period the work to be performed has not been done by the owner, then Pinetop Community Association shall have the right, as set forth herein, to make such repairs, rehabilitation, clearing or maintenance work. Nothing herein contained shall be construed to grant to Pinetop Community Association any right to enter into or inside of any building located on any lot without the consent of the owner thereof. Any costs incurred by Pinetop Community Association in enforcing and carrying out any of the performance of this paragraph shall be charged against the owner of said lot by invoice.

C. Pinetop Community Association, or its successors, shall be given notice in writing of any intended sale, transfer or conveyance by any of the owners of lots in the subdivision. Within twenty days after said notice is mailed by certified mail to Pinetop Community Association, or its successor, of the owner's intention to sell, stating the price and the name of the purchaser, Pinetop Community Association, through its authorized officers or agents shall have the option to purchase said lot at the same price and terms as the price and terms offered the proposed purchaser. In the event the said option shall not have been exercised within the twenty-day period, the proposed sale to the purchaser shall be deemed to have been approved by the Association or its successor. In the event that the Association, or its successor, shall fail to exercise the option to purchase said lot within the said twenty-day period, the proposed sale and transfer shall be valid only upon compliance with the following; there shall be filed in the office of the County Recorder of Navajo County, Arizona, and incorporated in the instrument of sale, transfer or conveyance, by reference, one of the following; (1) a certificate of approval by Pinetop Community Association, or its successor, of such sale, transfer or conveyance; or (2) an .affidavit of the owner of said lot that notice has been given to Pinetop Community Association, or its successor, in accordance with the provisions of this paragraph, and that Pinetop Community Association, or its successor, has failed to exercise its option within twenty days from the date of mailing said notice.

D. Should the interest of the owner of any lot become subject to a mortgage or other security device given in good faith and for value to a bank, savings and loan association, insurance company or other corporation or association regularly engaged in making mortgage loans, the holder thereof, upon becoming the owner of such interest through whatever means, or the seller at any sale under a power of sale therein contained, or the purchaser at a foreclosure sale, shall have the unqualified right to sell or otherwise dispose of said interest without complying with the provisions of paragraph "C" hereof, provided that all subsequent purchasers shall take subject to the limitations contained in said paragraph.

E. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided each and all of said covenants, restrictions, reservations and shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

F. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

G. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

H. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument, in writing, executed and acknowledged by the owners of not less than threefourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of theinitial effective period hereof or any ten-year extension.

DATED this 24th day of September 1968.

Subdivision: Pinetop Country Club Unit 5; dated 12 May 1970

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DECLARATION OF RESTRICTIONS

SOUTHERN ARIZONA TITLE & TRUST COMPANY, an Arizona corporation, as Trustee under Trust Number 10,767, being the owner of the following described real property situate within the County of Navajo, State of Arizona, to wit:

PINETOP COUNTRY CLUB UNIT FIVE, according to the plat of record in the office of the County Recorder of Navajo County, Arizona in Plat Book 10, Page 36,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


A. Lots 1 to 84 inclusive, shall be subject to the following express covenants, restrictions and reservations

1. Said lots are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. All buildings or structures erected on said lots shall be of new construction and no building or structure shall be moved from other locations onto said premises. Not more than one single family structure may be erected on any individual lot; provided, however, a separate guest quarter may be constructed without cooking facilities. Every residential structure shall have a fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces, garages and guest quarters of not less than 800 square feet.

3. All plumbing, including but not limited to toilets, bathing facilities, and kitchen facilities, shall be of the modern inside type, connected below the surface of the ground to a septic tank with an adequate leach drainage line below the surface, or to an approved sewer line.

4. No structure shall be erected on any lot within 20 feet of the front line of said lot, or within 15 feet of either side line or rear lot line of said lot; provided, however, that the setback requirements herein provided may be amended or modified by the Pinetop Community Association upon written application by any owner, wherein the Association is of the opinion that the setback requirements would work an undue hardship, or where a variation thereof would be in the best interest of the lot owner and subdivision as a whole.

5. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

6. No advertising signs (except one "For Rent" or "For Sale" sign per lot, by owner only,) erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

7. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. No metal fence shall be erected on any lot. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

8. Each property owner agrees that by the acceptance of the contract of purchase or a deedto any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the "Association") to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each lot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lot, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall appoint a committee of not less than three persons to act for the Association to take the necessary action required in paragraph 9 below. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against an owner.

9. No building, fence, wall, antenna, broadcasting tower or other structure shall be commenced, erected, maintained or remodeled until the plans and specifications showing the nature, kind, shape, color, height, material, floor plans, location and approximate cost of such structure shall have been submitted to and approved by the Association and a copy thereof, as finally approved, lodged permanently with said Association. Failure of said Association to reject in writing said plans and specifications within thirty days from the date the same are submitted shall constitute approval of said plans and specifications. Approval of plans and specifications shall not be unreasonably withheld, and rejection of any plans or specifications must be based on reasonable judgment as to the effect that said construction changes and alterations will have on the subdivision as a whole. The Association shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable, in its opinion, for aesthetic, or any other reasons, and in so passing upon such plans, specifications and grading plans, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned on the outlook from the adjacent or neighboring property. All subsequent additions to or changes or alterations, including but not limited to painting of exterior surfaces of any building, fence, wall or other structure, shall be subject to the prior approval of the Association.

10. No temporary house trailer, tent or other outbuilding shall be placed or erected on any lot longer than a period of six months, then only during the construction of a permanent dwelling.

11. No elevated tanks of any kind shall be erected, placed or permitted upon any of said lots. Any tanks for use in connection with any residential construction on said property, including tanks for the storage of gas and fuel oil, must be buried or walled in or kept screened by adequate planting to conceal it from the neighboring tracts, roads and streets.

12. No lot or lots shall be subdivided except for the purpose of combining the re-subdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

B. In the event the owner of any lot shall fail to maintain the premises and the exterior of the improvements situated thereon in a manner reasonably satisfactory to the Association, or in the event the owner of any lot shall fail to keep a fire line cleared to the mineral soil around his lot, or permit litter and debris to accumulate on his lot, or fail to comply with any other reasonable fire preventive requirements, Pinetop Community Association, through its agents and employees, shall have the right to enter upon such premises and to repair, maintain, rehabilitate and restore the exterior of any improvements situated thereon and/or clean or clear any lot of litter and debris, or take any other steps necessary to meet reasonable fire preventive regulations; provided, however, that the Association shall first give written notice to the owner of said lot of its intention to make such repairs or of its intention to perform such cleaning, maintenance or rehabilitation work, affording the owner of said lot thirty days time in which to make said necessary repairs, maintenance or clearing work. If at the end of said thirtyday period the work to be performed has not been done by the owner, then Pinetop Community Association shall have the right, as set forth herein, to make such repairs, rehabilitation, clearing or maintenance work. Nothing herein contained shall be construed to grant to Pinetop Community Association any right to enter into or inside of any building located on any lot without the consent of the owner thereof. Any costs incurred by Pinetop Community Association in enforcing and carrying out any of the performance of this paragraph shall be charged against the owner of said lot by invoice.

C. Pinetop Community Association, or its successors, shall be given notice in writing of any intended sale, transfer or conveyance by any of the owners of lots in the subdivision. Within twenty days after said notice is mailed by certified mail to Pinetop Community Association, or its successor, of the owner's intention to sell, stating the price and the name of the purchaser, Pinetop Community Association, through its authorized officers or agents shall have the option to purchase said lot at the same price and terms as the price and terms offered the proposed purchaser. In the event the said option shall not have been exercised within the twenty-day period, the proposed sale to the purchaser shall be deemed to have been approved by the Association or its successor. In the event that the Association, or its successor, shall fail to exercise the option to purchase said lot within the said twenty-day period, the proposed sale and transfer shall be valid only upon compliance with the following: there shall be filed in the office of the County Recorder of Navajo County, Arizona, and incorporated in the instrument of sale, transfer or conveyance, by reference, one of the following: (1) a certificate of approval by Pinetop Community Association, or its successor, of such sale, transfer or conveyance; or (2) an .affidavit of the owner of said lot that notice has been given to Pinetop Community Association, or its successor, in accordance with the provisions of this paragraph, and that Pinetop Community Association, or its successor, has failed to exercise its option within twenty days from the date of mailing said notice.

D. Should the interest of the owner of any lot become subject to a mortgage or other security device given in good faith and for value to a bank, savings and loan association, insurance company or other corporation or association regularly engaged in making mortgage loans, the holder thereof, upon becoming the owner of such interest through whatever means, or the seller at any sale under a power of sale therein contained, or the purchaser at a foreclosure sale, shall have the unqualified right to sell or otherwise dispose of said interest without complying with the provisions of paragraph "C" hereof, provided that all subsequent purchasers shall take subject to the limitations contained in said paragraph.

E. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

F. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

G. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

H. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument, in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

DATED this _12th_ day of May, 1970

Articles of Incorporation of Pinetop Community Association

(Amended August 1975 and August 1996)

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KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, have voluntarily associated ourselves together for the purpose of forming a  private, non-profit corporation for the purposes and with the powers hereinafter set out, under and pursuant to the laws of the State of Arizona, and we do hereby adopt the following Articles of Incorporation:

ARTICLE I

The name of the corporation shall be PINETOP COMMLINITY ASSOCIATION, and its principal place of business within the State of Arizona shall be in Navajo County, Arizona, but the Board of Directors may designate other places, within the State of Arizona, where other offices may be established, maintained and corporate business transacted.

ARTICLE II

The names, residences and post office address of the incorporators are as follows:

L.C. JACOBSON
1528 East Missouri
Phoenix, Arizona

JAY KEE JACOBSON
1528 East Missouri
Phoenix, Arizona

ARTICLE III

This Corporation is organized for the foltowing non-profit purposes:

(l) To maintain a community in Navajo County, Arizona, for PINETOP COUNTRY CLUB MOBILE HOMES UNIT 1, a subdivision of part of Section 11, 8 North, 23 East, Navajo County, Arizona; PINETOP COUNTRY CLUB MOBILE HOMES UNIT 2, a subdivision of part of Section 2 and 11, 8 North, 23 East, Navajo County, Arizona, except for Lots 42 through 50 and Lots 79 through 86 which were originally included as part of PINETOP COUNTRY CLUB MOBILE HOMES UNIT 1, but which were subsequently replatted and included as a part of PINETOP LAKES MOUNTAIN HOMES UNIT ONE; PINETOP COUNTRY CLUB UINIT 3, a subdivision of part of Sections 1 and 12, 8 North, 23 East, Navajo County, Arizona; PINETOP COUNTRY CLUB UNIT 4, a subdivision of part of Section 1, 8 North, 23 East, Navajo County, Arizona; PINETOP COUNTRY CLUB UNIT 5, a subdivision of part of Sections 1 and 2, 8 North, 23 East, Navajo County, Arizona; Lots 95 through 110 of PINETOP LAKES MOUNTAIN HOMES UNIT ONE (which lots were originally platted and included as lots 42 through 50 and lots 79 through 86 of PINETOP COUNTRY CLUB MOBILE HOMES UNIT 2, a subdivision of part of Section 11, 8 North, 23 East, Navajo County, Arizona.

(2) To promote the collective and individual property and civic interests and deed restrictions and rights of all properties, persons, firms, and corporations owning properly in said units.

(3) As such non-profit corporation to be charitable and benevolent and to encourage, promote and unite the property owners who reside in said units and to encourage civic improvement in said units and vicinity and to do such things as are necessary to protect the property situated within said units from any influence which would devalue or degrade said properties and to cooperate with other organizations having similar objectives.

(4) To care for the improvement and maintenance of any community center, gateways, public easements, parkways, grass plots, parking areas, and any facilities of any kind dedicated to any community use and other open spaces and other ornamental features.

(5) To cooperate with the owners of all vacant and unimproved lots and plots and improved lots and plots now existing or which hereafter shall exist in said units in keeping them in good order sightly condition and from preventing them from becoming a nuisance and a detriment to the beauty of said units and to the value of the improved and unimproved property therein; and to take any action with reference to such vacant and unimproved lots and plots and improved lots and plots as may be necessary or desirable to keep them from becoming such nuisance and detriment.

(6) To aid and cooperate with all property owners in said units in the enforcement of such conditions, covenants, and restrictions on and appurtenant to their property as are now in existence, as well as any other conditions, covenants and restrictions as shall hereafter be approved by a majority vote of the members of the Corporation, and to counsel with the planning commissions and town councils of any towns or cities and municipal and county organizations or entities having jurisdiction in relation to any zoning or other matters which may affect any portion of the subject property.

(7) In general, but in connection with the foregoing to do any and all things necessary to promote the general welfare of the residents and owners of said property and their property interests therein. To acquire, own or lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes and objects, and to exercise all rights, powers and privileges of ownership to the same extent as natural persons might or could do.

(8) To arrange social and recreational functions for its members.

(9) To exercise any and all powers which may be delegated to it from time to time by the owners of real property in the tract, and found in all declaration of restrictions for each said unit.

(10) In general but in connection with the foregoing, to do any and all things necessary to promote the general welfare of the residents and owners of any portions of any of the above-described units and their property interests therein. To acquire, owl, or lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes and objects, and to exercise all rights, powers and privileges of ownership to the same extent as natural persons might or could do, and enter into contracts with any other corporation or non-profit association for the purpose of delegating its duties, enforcement power, and responsibilities and or any other reason whatsoever.

ARTICLE IV

No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its members, trustees, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distribution in futherance of the purposes set forth in Article III hereof, No substantial part of the activities of the Corporation shalt be the carrying of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) and political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the Corporation shall not carry on any other activities not permitted to be carried on a) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

ARTICLE V

Upon the dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such manner, or to such organizations organized and operated exclusively for purposes similar to the purpose of this Corporation, and shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Directors shall determine.

ARTICLE VI

It is the intent of the corporation to qualify as an organization described in Section 501(c)(3) of the Internal Revenue code of 1954, and not withstanding anything contained in these Articles to the contrary, the corporation shall exercise only such powers as are in furtherance of the exempt purposes of organizations as set forth in Section 501(c)(3) of the Internal Revenue Code of 1954 and the regulations promulgated there under as they now exist or as they may be hereafter amended from time to time.

ARTICLE VII

As a means of accomplishing the purpose of this Corporation, the Corporation shall have the following powers:

(1) To accept, acquire, receive, take and hold by bequest, devise, grant, gift and purchase, exchange, lease, transfer, judicial order of decree, or otherwise, for any of its objects and purposes, any property, both real and personal of whatever kind, nature or description and wherever situated. 

(2) To sell, exchange, convey, mortgage, lease, transfer, or otherwise dispose of, any such property, both real and personal, as the objects and the purposes of the corporation may require subject to such limitations as may be prescribed by law.

(3) To borrow money, and from time to time to make, accept, endorse, execute and issue bonds, debentures, promissory notes, bill of exchange and other obligations of the corporation for monies borrowed, or in payment for the property acquired, or for any of the other purposes of the Corporation, and to secure the payment of any such obligations by mortgage, pledge, deed, indenture, agreement or other instrument of trust or by lien upon, assignment of or agreement in regard to all or any of the properly rents, or privileges of the Corporation wherever situated, whether now owned or hereafter to be acquired.

(4) To invest, and reinvest funds in such stock, common or preferred, bond, debentures, mortgages, savings accounts, certificates of deposit, checking accounts, or in such other securities and property, whether real or personal, as the Board of Directors shall deem advisable, subject only to the limitations and provisions, if any, contained in any bequest, devise, grant or gift of such properly to this Corporation.

(5) To engage, enter into, and carry out contracts and agreements with public and private persons, organizations, and agencies, and other non-profit corporations with purpose of delegating or contracting with respect to its duties, obligations and liabilities.

(6) In general, to exercise such other powers which are now, or hereafter may be, conferred by law upon a corporation or organization for the purposes herein above set forth, or necessary, or incidental to the powers so conferred, or conducive to the attainment of the purposes of the Corporation, subject only to such limitations as are or may be prescribed by law.

(7) The foregoing enumeration of powers shall be limited only that such powers may be exercised by this Corporation in furtherance of its exempt purposes as set forth in Section 501(c)(3) of the Internal Revenue Code of 1954, and for no other purpose.

(8) To promote the collective and individual property and civic interests and deed restrictions and rights of all properties, persons, firms, and corporations owning properly in said units.

(9) To enforce such conditions, covenants and restrictions found in all Declarations of Restrictions, on and appurtenant to all properties contained herein under Article III as are now in existence, as well as any other conditions, covenants and restrictions as shall hereafter be approved by a majority vote of the members of the Corporation in any and every lawful manner, including the right to impose property liens, and to counsel with the planning commissions and town councils of any towns or cities and municipal and county organizations or entities having jurisdiction in relation to any zoning or other matters which may affect any portion of the subject property.

(10) To aid and cooperate with the members of the Corporation and with all property owners in said units in the enforcement of such conditions, covenants, and restriction on and appurtenant to their proper{y as are now in existence, as well as any other, conditions, covenants and restrictions as shall hereafter be approved by a majority vote of the members of the Corporation, and to counsel with the planning commissions and town councils of any towns or cities and municipal and county organizations or entities having jurisdiction in relation to any zoning or other matters which may affect any portion of the subject property.

ARTICLE VIII

This Corporation shall have no capital stock.

ARTICLE IX

The corporation shall have one class of members, the qualifications and rights being as follows:

(1) "Membership" shall refer to the rights with respect to this corporation which go with ownership of a single lot or set of adjoining lots in the subdivided properly. A membership may be owned by a single person or entity, or it may be jointly owned by more than one person or entity. If owned by more than one person or entity, the word "membership'o refers to the rights jointly owned by those persons or entities including the right to a single membership vote in the corporation. There shall be one membership for each lot, except that ownership of one or more adjoining lots shall give rise to only one membership. Each such membership shall be owned by the same person(s) or entities who own the lot or lots which give rise ts it and in the same form of ownership and shall be entitled to one vote. Membership dues shall be determined by the Board of Directors of
the association.

(2) The word "member' shall apply to an individual person or entity who/which owns or is one of a group of co-owners of a membership in the corporation. As set forth in the recorded covenants, restrictions, reservations and conditions running with the land contained in the deed restrictions on the subdivided property, each beneficial owner shall be a member of the Pinetop Community Association. Each member's ownership interest includes an undertaking by each member to comply with, obey and be bound by the Articles of Incorporation of this association as amended from time to time (hereinafter "the By-Laws"), and the policies, rules and regulations at any time adopted by this corporation.

ARTICLE X

This Corporation shall have perpetual duration.

ARTICLE XI

The affairs of the Corporation shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint. The number of directors shall not be less than three (3), nor more than twenty-five (25). Qualifications of the directors and officers of this Corporation shall be specified in the Bylaws of the Corporation. Directors shall be elected at the annual meeting of the Corporation which shall be held on the first Saturday in August of each year in Navajo County, Arizona or such other location as the Board of Directors shall determine. The Bylaws of this Corporation shall be adopted by the Directors named in these Articles of Incorporation and they may thereafter be altered, or repealed as provided for in the Bylaws. Until the first annual meeting of the members, and until their successors have been elected and qualified the following persons shall be directors of the Corporation: JAY KEE JACOBSON, LAWERENCE J. PETERSON, DWAYNE L. OLSON. Until their successors have been elected and qualified, the following persons shall be officers of the Corporation: JAY KEE JACOBSON, President; LAWERENCE J. PETERSON, Vice-President, Secretary end Treasurer, elected at an organization meeting held at 1528 East Missouri, Phoenix, Arizona on September 27,1971.

ARTICLE XII

These articles may be amended by the following procedure: The Board of Directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at an annual or special meeting of the members. At least ten (10) days written notice of the meeting of members shall be given to each member entitled to vote at the meeting which notice shall set forth the proposed amendment or a summary of the changes to be effected by it. The amendment may be adopted by the affirmative vote of a majority of members of the association to vote thereon.

ARTICLE XIII

The private property of the members, directors, and officers of this Corporation shall be forever exempt from all corporate debts of any kind whatsoever.

ARTICLE XIV

The fiscal year of the Corporation shall run from January 1 through December 31 of each year.

ARTICLE XV

The highest amount of indebtedness or liability, direct or contingent, to which this Corporation may be subject at any time, is to be such an amount as shall be authorized by the Board of Directors of the Corporation in conformity with and in the manner prescribed in the Bylaws.

ARTICLE XVI

This corporation shall indemnify any officer, director, or employees subjected to a claim of liability because the individual is or was an officer, director, or employee of this corporation, against liability incurred to the full extent allowed by A.R.S. 10-2305(B).

IN WITNESS WHEREOF, the said incorporators have here unto signed these Articles of Incorporation this 27th day of September, 1971.

/s/ Jay Kee Jacobson

/s/ L. C. Jacobson

IN WITNESS WHEREOF, the Pinetop Community Association has caused this certificate to be executed by its President as of this 2nd day of August, 1975.

/s/ O. Melvin Phillips - President

/s/ Richard E. Schaffer - Secretary

These Articles were amended by majority vote of the membership at the annual meeting held August 10, 1996, and properly recorded with the Arizona Corporation Commission.

/s/ Phillip L. James - President

/s/ .Richard Paver - Secretary