Montclair Estates - Covenants

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Recorded in Public Records of Lake County
Official Records Book 1470, Pages 1337 through 1355

DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR
MONTCLAIR, A RESIDENTIAL COMMUNITY

KNOW ALL MEN BY THESE PRESENTS: That Declarent, MONTCLAIR LAND TRUST, a Florida Land Trust, organized and existing under the laws of the State of Florida, the owner of certain real property located in Lake Courtly, Florida, described on the attached Exhibit "A" (which is hereinafter referred to as "The Property) hereby declares that all of the property shall be held, sold and conveyed subject to the covenants, conditions. easements and restrictions which are set forth herein and which are intended to protect the value and desirability of the properly.

The covenants, conditions, easements, and restrictions are hereby declared to run with the Property and to be binding upon the Property and upon all parties, owners, their heirs, personal representatives, successors and assigns, having any right, title or interest in the Property or any part thereof. The provisions hereof shall inure to the benefit of and be binding upon each owner of any part of the Property.

Article I. Definitions

When used in this Declaration, the following words and terms shall have the meanings indicated opposite each word or term.

1.1 "Association" shall mean and refer to The Montclair Homeowners Association, Inc., its successors and assigns.

1.2 "Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association.

1.3 "Common Area" shall mean and refer to those areas of land designated as "Tracts" on the recorded subdivision map of Montclair intended for the common use and enjoyment of the Owners of the lots within Montclair. The term shall also include any tangible personal property, real property. and easements acquired, owned or leased for the benefit of the owners if such property is designated as Common Area. Subject to fee schedules and operating rules promulgated by the Developer or by the Association, the

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Common Areas are intended for the common use, enjoyment and benefit of the lot owners and their families, guests, tenants and invitees. Common Area will also include Tract A which shall be used only as a boat ramp with no other recreational use, including restroom facilities.

1.4 "Declarant" or "Developer" shall mean and refer to Montclair Land Trust, a Florida Land Trust, its successors and assigns.

1.5 "Property" shall mean and refer to all of the real property within Montclair as that property is described and shown on the plat recorded in plat book 38, pages 01 through 03, public records of Lake County, Florida.

1.6 "Lot" shall mean and refer to the subdivided portions of the Property as shown on the plat or map of Montclair which are improved or to be improved with single family conventional homes and which are subject to private fee simple ownership.

1.7 "Member" shall mean and refer to each of the members of the Association. Where there are multiple owners of any one lot, each of the owners shall be a member of the Association.

1.8 "Owner" or "Lot Owner" shall mean and refer to the record owner of an interest in one or more of the lots, but excluding parties having an interest merely as security for the performance of an obligation.

1.9 "Project" shall mean and refer to the Property and Declarant's land being developed.

Article II. Scheme of Development

2.1 Phased Development: It is the intent of declarant to develop the project in three (3) phases. This declaration is being recorded in conjunction with the development of Phase I. Declarant reserves the right to add two (2) additional phases. As the additional phases of the project are developed, additional residential homesites will be added to the project. As those homesites are developed, they will be located on a contiguous parcel of land (hereinafter referred to as "the contiguous parcel").
Declarant hereby reserves the right to develop those additional homesites as additions to the property and hereby reserved for the owners of those

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homesites the right to utilize the common area and the easement area as provided herein. In order to document the addition of the contiguous parcel to the property.
(a) The declarant shall subject the contiguous parcel to the terms and conditions of this declaration by filing an Amendment of Declaration wherein the contiguous parcel is described and the number of additional homesites is disclosed. Any necessary modifications or additions to the declaration shall be made in the amendment which shall be signed only by declarant.
(b) The declarant shall modify the assessment budget to reflect the additional contributions of the lot owners of the lots developed on the contiguous parcel.
(c) Declarant shall ensure the reciprocal easements are granted and reserved where appropriate.

Article III. Property Rights

3.1 Lots: Each lot within the property shall be subject to fee simple ownership. It is the intent of declarant that each lot will be improved with one single family conventional dwelling which shall include a garage adequate to house two standard sized American automobiles. Garage must be no less than 20' x 20'. All garages shall have side entry only except in cases where the lot width is less than 100' at the front building lot line. All front entry garages shall contain a minimum of one window in front, and shall be subject to approval of the Architectural Committee. Only one dwelling may be placed on any one lot. Lots may not be further subdivided. No lot may be used for ingress and egress to contiguous parcels of property without the prior written consent of developer. The setback requirements for buildings on all lots shall be as follows:
Setback from property line - 25 feet
Setback for sideyard lot line - 10 feet
Setback for rear lot line - 25 feet
provided that swimming pools with their enclosures may be no closer than 5 feet from the rear lot line.

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3.1.1 Declarant intends that Montclair will be improved with quality built conventional homes. Declarant has designed an overall scheme of development which regulates the height, size and quality of the dwelling. Declarant will effectuate its overall scheme of development by requireing that any proposed improvements to a lot within Montclair be appoved by the Architectural Review Committee.

3.1.2 Tha Architectural Review Committee shall be responsible for reviewing and approving all proposed improvements to the lots including but not limited to approval of the size, type, quality, design and style of the dwelling or any outbuildings or structures, approval of the location of the dwellings or any outbuildings or structures, approval of the location and type of landscaping and approval of any additions to the dwellings, any outbuildings, structures or the lot, it being the intent of the developer that an owner will not at any time improve the lot or alter or modify the home or the other lot improvements located thereon without the prior written consent of the Architectural Control Committee. All homes constructed on Lots 15 through 28 shall have a minimum of 2000 square feet of living area exclusive of garages, porches and covered entry ways. All homes constructed on Lots 14, 29, 30 and 36 through 40 (lots on Lake Clair and across the street) shall have a minimum of 1800 square feet of living area exclusive of garages, porches and covered entry ways. All other lots shall have a minimum of 1700 square feet of living area exclusive of garages, porches and covered entry ways. Additionally, all roof pitches shall be 6:12 or steeper and all roof shingles shall be of architectural design, dimensional and specifically no 3 tab shingles.
The minimum width of the front elevation of the home shall be 54 feet. Overhangs shall be no less than 24 inches except on gables which shall be no less 12 inches.
All exterior wall surface on the front, sides and rear of all dwellings shall be brick, stucco, wood or stone. All front entries of the dwelling shall have a roofed front porch or a raised entry. No block may be used as an exterior surface. No false or imitation stone, rock or brick siding may be used. All

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painting and staining must be natural earth tones and approved by the Architectural Control Committee.

3.1.3 Maintenance of the lot and the improvements to the lot shall be the responsibility of the lot owner. Lot owners must keep all lawns mowed and shrubs and bushes trimmed.
Should an owner fail to maintain the lot and improvements thereon in a clean and neat fashion, then the association shall notify the owner of any deficiency in the maintenance of his Lot by written notice mailed at the last address listed on the association's records. If the deficiency is not cured within twenty (20) days after the notice is mailed, then the association shall have the right, through its agents and employees, to enter upon the owner's lot and to clean, repair, maintain and restore the lot and the exterior of the home and other improvements located thereon. The cost of such maintenance shall be the resposibility of the owner.

3.1.4 In the event of damage or destruction of any exterior wall, roof eve, or other exterior surface, the owner therefore shall at his own expense, immediately after the damage or as soon as thereafter as is practicable, repair the damage or cause it to be repaired. If the owner fails to repair the damage within a reasonable period of time then the association shall have the right, after notice to the owner, to repair the damage or cause it to be repaired in accordance with paragraph 3.1.3 hereinabove. Provided, however that if the damage is so extensive that repair is impractical, then the owner will be required to clear the lot of debris in a timely manner. Should the owner fail to clear his lot, then the association may proceed as hereinabove described, after notice to the owner.

3.2 Easements. Easements are expressly provided for and reserved in favor of the owners and occupants of the lots as follows:

3.2.1 Drainage and Utility Easements. Easements are granted by the owners across property lines as may be required by installation, maintenance and serve of utilities including but not limited to electrical, gas, sewer, water, cable television and telephone equipment and for drainage and water retention purposes. These easements are shown on the plat of the

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property, or are reserved in the deed of conveyance from declarant. Declarant reserves for itself and for the association, the right to convey non-exclusive interests in and to all easements to both public and private agencies or entities who make use of the easements consistent with the purposes for which they are reserved.

3.2.2 Declarant. Easements and rights of way in favor of declarant are reserved for construction, installation and maintenance of utilities including but not limited to electrical, gas, sewer, water, cable television, telephone equipment and the like, which are necessary or desirable for public health, safety and welfare and which may serve the inhabitants of the property. Neither the owners nor the association shall in any way interfere with the completion and the of the remaining lots.

3.2.3 Ingress and Egress. An easement shall exist for pedestrian traffic over, upon, through and across sidewalks, paths, walks and other portions of the common areas and lots as may from time to time be intended, designated and paved for such purpose and use; and for such vehicular and pedestrian traffic, over, through, across such portions of the common areas as may from time to time be paved and intended for such purposes; and such easements shall be for the use and benefit of the owners, the declarant, and all those claiming by, through, or under the aforesaid provided, however, that nothing herein shall be construed to give or create in any person the right to park upon any portion of the property except to the extent that space may be specifically designated for parking purposes. The streets shown on the plat have been dedicated by declarant to Lake County. Declarant specifically prohibits any lot owner from granting any easements of ingress and egress over, upon and across any lot for the purpose of granting access to property which is contiguous to the property.

3.2.4 Common Area. The subdivision plan of Montclair includes Tracts A, B, C, D, E which include certain water retention areas which are hereby dedicated to the homeowners' association for the benefit, use and enjoyment of the lot owners and their guests. Ownership of a lot within the

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property shall not entitle a lot owner to come upon any of the common area which is not intended for public purposes. Every owner shall have permit and right of enjoyment in and to the common area. Title to the common area shall be conveyed by declarant to the association at the time declarant turns over control of the homeowners' association to the lot owners.

3.2.4.2 Tracts B, C, D and E are water retention areas and green areas and are shown on the plat. As such they are provided for the benefit of the lot owners and may be used for the purposes designated on the plat.

3.2.4.3 Tract A offers access to the Palatlakaha Chain of Lakes to the lot owners. this tract is improved with boat ramp and docking facility. The docking facility will provide temporary docking to the residents of Montclair (which temporary docking will not exceed 24 hours in duration). The association is empowered to promulgate rules and regulation governing the day to day use of Tract A.

Article IV. Covenant For Maintenance Assessments

4.1 Levy of Maintenance Assessments. Declarant has designed and planned the construction of recreational facilities and other common areas for the benefit of the lot owners. These services and facilities will be operated and maintained by the association. The cost of maintaining the facilities and common area will be paid by the lot owners. Such payments will be collected in the form of maintenance assessments.

4.2 Creation of Lien and Personal Obligation. Each owner of any lot by acceptance of a deed or other instrument of conveyance therefore, is deemed to covenant and agree to all the provisions, covenants, conditions, easements, and restrictions of this declaration and to promptly pay
(a) all annual assessments or charges: and
(b) any special assessments.
The annual and special assessments, together with interest, cost of collection and reasonable attorneys' fees shall be a charge on and a continuing lien on the lot against which the assessment is made. Each such assessment together with

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interest, cost of collection, and reasonable attorneys' fees shall also be the personal obligation of each person or entity who was an owner of the lot at the time the assessment first became due and payable.

4.3 Purpose of Assessments. The assessments shall be used to support services available to lot owners of Montclair, including but not limited to maintenance of common docking facilities, common lighting, the payment of taxes and governmental assessments on the common areas, the repair, replacement, and purchase of additions to the common area, and the payment of the costs to obtain labor, services, equipment, materials, management, and the necessary supervision therefore, the assessments may be used to establish a reserve account for the periodic maintenance, repair and replacement of improvements to the common area. the funds shall be reflected in the annual operating budget and designated "reserve fund." The assessments for subsequent years shall not be limited by the amount of assessment set in earlier years. In no event shall the assessments and any other revenues exceed expenses and reasonable reserves.

4.4 Exempt Property. Declarant will not be required to pay assessments as to those unimproved lots which are platted and owned by developer.

4.5 Special Assessments. In addition to the annual assessments authorized above a special assessment may be levied applicable only to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the common are (including fixtures, and personal property related thereto) the amount of any unanticipated taxes or insurance costs, and the amount of any budget deficit from that year.

4.6 Uniform Rate of Special Assessment. Special assessments will be fixed and assessed at a uniform rate.

4.7 Date of Commencement of Annual Assessments, Due Dates. The amount of the assessment on an annual basis shall be established at least thirty

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(30) days in advance of each annual assessment period. Written notification of the annual assessment shall be sent to every owner subject thereto. The assessments shall be paid monthly in equal installments.

4.8 Effect of Nonpayment of the Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate of interest authorized under the laws of State of Florida. The association may file a claim of lien for such overdue assessments. The association may bring an action at law against any owner who has failed to pay timely the assessment and who is obligated to pay the same, and may sue to foreclose the lien against the lot. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common areas or abandonment of the lot. If any installment of any assessment remains unpaid sixty (60) days after the same shall become due, declarant shall give written notice of that delinquency to any mortgagee who has requested written notification of same.

4.9 Subordination of Assessment Lien to Mortgages. The lien of the annual and special assessments provided from herein is declared to be subordinate to the lien of any institutional first mortgage on any lot. The sale or transfer of any lot pursuant to mortgage foreclosure of an institutional first mortgage or any proceeding in lieu thereof extinguishes the lien of any assessments which became due prior to the effective date of the sale or transfer. The sale or transfer of any lot not pursuant to mortgage foreclosure or proceeding in lieu thereof shall nor affect the assessment lien. No sale or transfer, by judicial action or otherwise, shall relieve the pertinent lot from liability for any assessments thereafter becoming due or from the lien thereof. These provisions shall in no way effect or minimize the personal liability of the lot owner for the assessments.

4.10 Homestead. By acceptance of a deed thereto, the owner of each lot shall be deemed to acknowledge conclusively that the obligations evidenced by the assessments provided for in this Article are for the improvement and

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maintenance of homestead property, and that the assessment liens herein provided for shall be superior in priority to any claims of homestead status.

Article V. Association

5.1 Creation. Declarant shall create an incorporated homeowners association called Montclair Homeowners Association, Inc.

5.2 Membership. The association shall have two classes of voting membership as follows.
CLASS A - Class A members shall be all members other than the declarant and such members shall be entitled to one vote for each lot owned, provided, however, that when more than one person owns an interest in a lot, all of such persons together shall be entitled to not more than one vote with respect to each lot owned by them and such vote shall be exercised as they among themselves determine. It is provided further that co-workers of a lot shall designate the person who shall be authorized to exercise the vote for all co-owners, and that designation shall be in writing delivered to the Secretary of the Association. In the event that joint or multiple lot owners are unable to agree among themselves as to how their vote or votes shall be cast, then they shall lose their right to vote on the matter issue. If any lot owner costs a vote representing their lot , it shall thereafter be presumed conclusively for all purposes that the person so voting was acting with the authority and consent of all other owners of that property. Should more than one vote be cast for a particular lot on a particular issue, none of the votes so cast shall be counted and the votes so cast shall be deemed void. There shall be no split voting permitted.
CLASS B - Class B members shall be the declarant which shall be entitled to one vote for each lot owned by declarant. Class B membership shall cease and be converted to Class A membership no later than the date when declarant has sold 75% of the lots in the project to third party purchasers. So long as there shall be Class B membership, Class A members shall not be entitled to vote.

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5.3 Architectural Review Committee. So long as Class B membership exists, the developer shall be and constitute the Architectural Review Committee as that committee is described herein. When the Class B membership terminates, the Board of Directors of the association shall appoint an Architectural Review Committee which shall function as described herein. The Architectural Review Committee shall be responsible for reviewing and approving all proposed improvements to the lots including but not limited to approval of size, type, quality, design and style of dwelling, approval of location of dwelling, approval of location and type of decorative landscaping, approval of additions to and modification of the lots and the improvements thereon. With respect to swimming pools, the Architectural Control Committee will be empowered to review and approve plans for construction of pools, pool enclosures, fencing, landscaping, and other related lot improvements. The Architectural review Committee shall also be responsible for ensuring that owners maintain their lots as prescribed in this declaration. The Architectural Review Committee is empowered to perform or have performed the work necessary to bring a lot and the improvements thereon in conformance with the dictates of this declaration as more as more particularly set forth herein.
Should a lot owner fail to produce the prior written approval from the Architectural Review Committee for improvements to a lot, then the Architectural Review Committee will be empowered to seek an injunction to prohibit the completion of the work until the Architectural Review Committee has had an opportunity to review and approve the proposed improvements. Any lot owner who proceeds to improve a lot without the prior written consent of the Architectural Review Committee proceeds at his own risk. Should consent be withheld, the lot owner will be required to remove unauthorized improvements.

Article VI. Protective Covenants

6.1 Residential Use Only. Each lot, except as provided herein, shall be used for single-family private residence purpose. No more than one single family residential dwelling shall be located on any one lot.

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6.2 Construction Requirements. All homes constructed on Lots 15 through 28 shall have a minimum of 2000 square feet of living area exclusive of garages, porches and covered entry ways. All homes constructed on Lots 14, 29, 30, and 36 through 40 (lots on Lake Clair and across street) shall have a minimum of 1800 square feet of living area exclusive of garages, porches and covered entry ways. All other lots shall have a minimum of 1700 square feet of living area exclusive of garages, porches and covered entry ways. Additionally, all roof pitches shall be 6:12 or steeper and all roof shingles shall be of architectural design, dimensional and specifically no 3-tab shingles.
The minimum width of the front elevation of the home shall be 54 feet. Overhangs shall be no less than 24 inches except on gables which shall be no less 12 inches.
All exterior wall surface on the front, sides and rear of all dwellings shall be brick, stucco, wood or stone. All front entries of the dwelling shall have a roofed front porch or a raised entry. No block may be used as an exterior surface. No false or imitation stone, rock or brick siding may be used. All painting and staining must be natural earth tones and approved by the Architectural Control Committee.

6.3 Water and Sewer. Declarant requires every lot owner to utilize the water system constructed by declarant, subject to regulations of governing authorities. Sewage disposal shall be by septic system unless otherwise dictated by regulations of governing authorities.

6.4 Motorized Vehicles. All motor vehicles that are required to be licensed by the State of Florida shall carry a current year's license tag registration and shall be maintained in proper operating condition so that they do not constitute a nuisance because of noise, exhaust emissions, or otherwise. All motor vehicles, including, but not limited to, automobiles, golf carts, trucks, etc. Shall be driven only upon the paved parking areas. No motor vehicles shall be driven upon the pathways or unpaved areas of the property (except Tract A).

6.5 Parking. This declaration provides that a lot owner will be required to construct a two car garage, at a minimum in conjunction with the construction

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of a home. It is the intent of the declarant that cars within the subdivision utilize their garage spaces. It is also the intent of the declarant that neither commercial oversized vehicles nor recreational vehicles shall be parked on any lot except as follows:
(a) This provision shall not apply to the parking of any vehicles in a garage out of view of the public.
(b) No overnight parking is permitted on the street adjacent to the lot.
(c) This prohibition shall not apply to the temporary parking of trucks and commercial vehicles such as for pick up and delivery and other services as may be necessary to service the property; and
(d) Boats, boat trailers, and campers, motor home, or trailers are permitted to be parked temporarily for loading or unloading, but in no event for a period in excess of twenty-four (24) hours. Boats or recreational vehicles may be stored in the garage or to the rear or side of the house.
(e) Except for emergency repairs, no owner shall repair or restore any vehicle, boat, or trailer upon any portion of the project, provided, however, that in the event of an emergency, repairs of a minor nature may be undertaken.

6.6 Driveway. All driveways shall be constructed of concrete.

6.7 Pets. All pets must, at all times, be under the control and direct supervision of an owner, his family, servant, guest, invitee, or lessee. Every owner shall have the responsibility for cleaning up after his pet.

6.8 Clothes Drying Equipment. No outdoor clothes lines or other outdoor drying apparatus or equipment shall be permitted on any lot in view of any other lot owner or in the public view.

6.9 Recreational Facilities. All recreational facilities, except basketball, shall be placed at the rear of the lot. Skateboard ramps and devices of a similar nature shall not be permitted.

6.10 Trash and Garbage. No lot shall be used for dumping or accumulation of rubbish, trash, garbage, or other waste materials. Storage,

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collection, and disposal of garbage shall be accordance with procedures and rules adopted from time to time by the Board. All lots shall be kept free of an accumulation of rubbish, trash, garbage, and other solid waste materials, and from unsightly weeds and underbrush. All builders shall keep the area cleared of trash and debris during construction.

6.11 Antennae. No exterior television or other antennae or dish which exceeds 35 inches in diameter, including any transmission or receiving equipment shall be permitted on any of the lots, without the prior written consent of the Architectural Review Committee. Any such dish shall not be placed within the front building line of the property within view from the street.

6.12 Signs. No signs of any kind shall be erected on any Lot so as to be visible from the street except as are previously approved by the Board. The Owner or Tenant identification signs shall be allowed if in conformity with the Rules and Regulations (and clearly state "For Sale" or "For Rent") shall be permitted.

6.13 Nuisance. An owner, his family, invitees, and lessees shall not do or keep, and shall not cause anything to be done or kept on his lot, which would constitute a nuisance. No owner may obstruct or interfere with the rights of the other owners or the association by unreasonable noise, odor, or otherwise, nor shall any owner, his family, invitees, or lessees commit or permit any nuisance or immoral or illegal act within the property.

6.14 Fences, Walls, and Hedges. Perimeter fences are prohibited. Non-perimeter decorative fences, walls, or hedges installed, erected or planted by declarant or placed, following receipt of permission by the Architectural Control Committee, shall be permitted on the property. Fences on the side lot line shall need not exceed six feet in height. Fences on the back lot shall not exceed six feet in height. On corner Lots, no fence or wall shall be constructed close to the side street than the wall of the house. No fences shall be constructed of "chain link".

6.15 Outbuildings. No freestanding outbuildings are permitted to be placed on a lot, without the prior written consent of the Architectural Control Committee.

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No boat dock or covered boat stall shall be constructed without the approval of the Architectural Review Committee and all county and state agencies requiring approval. Approval shall be based upon location, length, width, elevation and construction materials to be used. To prevent obstruction of view, no enclosed boat stalls will be permitted.

6.16 Wetlands Ordinances Lakefront Lot Owners are subject to and will obey all state and county ordinances related to the encroachment of designated wetland areas.

6.17 Structure Types. Earth homes, log homes, geodesic dome homes, mobile homes, modular homes, double-wides, manufactured homes, as these terms are normally used in 1996, are specifically prohibited without unanimous approval of Architectural Review Committee.

6.18 Mail Boxes. All residents must use the centralized mailboxes provided in the subdivision.

6.19 Landscaping and Irrigation. Upon completion of the dwelling, the front yards of the premises must be immediately fully landscaped and sodded with floritan or equivalent broad-bladed grass (no bahia). If construction is not commenced on Lots within six months of closing, the Lot Owner, at his expense, shall clear the Lot and keep it clear of all brush, dead wood, weeds and junk. Shrubbery, including hedges, shall not be placed so as to obstruct the vision of motorists. All front and back yards shall be irrigated.

6.20 Provisions Inoperative During Initial Construction. No provision contained in this declaration shall be interpreted or construed to prevent the declarant, his transferees or successors in title, or his contractors or subcontractors, from doing or performing on all or any part of the project actually owned by the declarant or its transferees as the case may be, whatever they determine to be reasonably necessary or advisable in connection with the completion of the development of the project and the sale of the lots, including, without limitation, the following: erecting, constructing, and maintaining such structures and vehicles as may reasonably be necessary for the conduct of declarant's business of completing and establishing the project as a residential

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community and disposing of the same in parcels by sale, lease or otherwise, and maintaining such sign or signs on the project as may be reasonably necessary in connection with the sale, lease, or other transfer of the project into lots, and the establishment of homes thereon; utilizing home sites for marketing purposes, which marketing activities might include short term leases and transient residential activity.

Article VII. General Provisions

7.1 Enforcement. Declarant, the Association and any owner shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens, and other charges now or hereafter imposed by the provisions of this declaration, and the party enforcing same shall be entitled to recover all costs and expenses incurred thereby, including reasonable attorney's fees. The failure of the declarant, the association or of any owner to enforce any covenant or restriction or provision hereof shall in no vent be deemed a waiver of the right to do so thereafter.

7.2 Rights of First Refusal Declarant, in order to maintain a community of congenial lot owners and thus maintain and protect the value and desirability of lots within Montclair hereby reserves a right of first refusal on the sale of any lot. Right of first refusal shall operate until released in writing on the public records by developer, its successors and assigns.
The rights of first refusal shall be relinquished in the following manner:
(a)When a lot owner who intends to make a bona fide sale of his lot receives an offer for the purchase of that lot, then that lot owner shall give notice to the declarant of the proposed sale and purchase of the lot by presenting a copy of the contract todeclarant. Within ten (10) days after notification of the pending sale, declarant will either exercise its right of first refusal or notify the lot owner by a writing in recordable form that it waives its right of first refusal on the condition that the new owner shall agree to be bound by all of the terms and conditions of this declaration including declarant's continued right of first refusal.

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7.3 Soverability. The invalidation of any of the provisions hereof by judgment or court order shall in no way effect any other provision which shall remain in full force and effect.

7.4 Restrictions run With the Lands; Amendment. The provisions, covenants, conditions, easements, and restrictions of this declaration shall run with and bind the property for a term of forty (40) years from the date this declaration id recorded, after which time, they shall be automatically extended for successive periods of ten (10) years each, unless an instrument signed by 80% of the lot owners and certified by the officers of the association shall be recorded indicating that the declaration is terminated.
When this declaration is amended to add an additional phase, such amendment requires the consent of only the declarant, and it needs to be executed only by the declarant. This declaration may be amended by an affirmative vote in favor thereof by the owners (and their respective institutional mortgages) of at least a majority of the lots upon which these restrictions are imposed. Any amendment of this declaration (but not of the Articles of Incorporation and by-laws of the association) must be recorded in the public records of Lake County before it shall be deemed effective. All the rights contained in this paragraph are provided with the restrictions that on right or privilege granted to declarant may be modified or amended without the prior written consent of declarant.
IN WITNESS WHEREOF, the undersigned declarant has hereonto set its hand and seal on the day and year first above written.

Witnesses:
Annie S. Ragar
Lori L. Bailey

MONTCLAIR LAND TRUST
Dale J. Ladd, Trustee

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STATE OF FLORIDA
COUNTY OF LAKE

The foregoing instrument was acknowledged before me this 26-th day of September, by DALE J. LADD as Trustee of Montclair Land Trust.

Personally Known

Annie S. Ragar
Notary Public

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EXHIBIT "A"

All of the property in Montclair, a subdivision in Lake County, Florida, according to the Plat thereof recorded in Plat Book 38, Pages 01 through 03. Public Records of Lake County, Florida.

Recorded in Public Records of Lake County
Official Records Book 1472, Page 1460

FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR
MONTCLAIR, A RESIDENTIAL COMMUNITY

The Developers as set forth in the Declaration of Covenants, Coditions, Easments and Restrictions For Motclair, A Residential Community, recorded in Official Records Book 1470, Pages 1337 through 1355, Public Records of Lake County, hereby file this first amendement to the above covenants as follows (Stricken language is repealed and replaced by new language in italics):

5.2 Membership - CLASS B. Class B members shall be the declarant which shall be entitled to one vote for each lot owned by declarant. ~~Class B membership shall cease and be converted to Class A membership no later than the date when declarant has sold 75% of the lots in the project to third party purchasers.~~ Class B membership shall cease and be converted to Class A membership no later than the earlier of the following:
A. 75% of the units are deeded to the homeowners.
B. On January 01, 2001.
So long as there shall be Class B membership, Class A members shall not be entitled to vote.

As Developer, we swear that the existing lot owners have approved this first amendment in writing and consent to the same.

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