TRAIL RUN™ AREA 1

TRAIL RUN_™ AREA 1

STATE OF WYOMING )

COUNTY OF CARBON )

AMENDMENT NO. 1 TO DECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONS FOR

TRAIL RUN_™ AREA 1

THIS AMENDMENT TO DECLARATION, made on _________________, 2004, by William R. Saulcy, Jr., and Judith Jean Saulcy, hereinafter referred to collectively as “Declarant.”

A. Declarant is the owner of certain real property in Carbon County, Wyoming, generally described as: Record of Survey, Trail Run_™ Area 1, as recorded on October 21, 2002, in Book 1026, Page 172, as Instrument No. 900786, in the office of the County Clerk and Ex-Officio Register of Deeds.

B. Declarant filed a Declaration of Covenants, Conditions and Restrictions for Trail Run_™ Area 1 on October 21, 2002, in the Office of the County Clerk and Ex-Officio Register of Deeds for Carbon County, Wyoming, the same being recorded at Book 1026, Page 173, as Instrument No. 900787.

C. Declarant has not sold any tract in Trail Run_™ Area 1, and Declarant desires to amend the Declaration of Covenants, Conditions and Restrictions for Trail Run_™Area 1 referred to above, as follows:

9. Division and Ownership of Land Including Common Elements.

No tract in Trail Run_™ Area 1 shall be further divided by any Owner; each tract must be conveyed or encumbered only as a constituent unit.[BS1] However, for the limited purpose of securing financing to construct a residence on the tract or purchase a tract, less than the entire tract may be encumbered with the prior written consent of Declarant. The Owner is solely responsible for assuring that encumbering less than the entire tract will not violate any law, regulation or ordinance or this Declaration of Covenants, Conditions and Restrictions for Trail Run_™Area 1, and must provide such assurance in writing as the Declarant may request.

Declarant expressly reserves the right in Paragraph 6 to grant easements and use on the roadway, utilities, recreation pathways and other easement areas, to other persons and entities, and for the benefit of other property. No Owner shall grant a right-of-way or easement across any tract for the purpose of providing ingress and egress to any other property.

14. Residential Building Standards.

Residential buildings will be subject to the following criteria to ensure compatibility within the neighborhood and to enhance the attractiveness of the residential area to adjoining agricultural and recreational areas.

A. Manufactured Homes. Manufactured homes will be allowed in the Trail Run_™ Area 1 which meet, at a minimum, the standards described below. The construction of manufactured homes will conform to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., and all subsequent amendments, as well as manufactured home construction and safety standards outlined in the current regulations of the U.S. Department of Housing and Urban Development (24 CFR Chapter XX, Part 3280) and any subsequent amended regulations which are at least as stringent as those currently in effect.

B. Modular Homes. Only those modular homes which have been built to the most current edition of the Uniform Building Code, in effect at the time a building permit is issues by Carbon County, Wyoming, and carry a UBC certification are allowed.

C. Site Built Homes. Site built homes must be constructed according to standards established in the most current edition of the Uniform Building Code.

D. Standards Applicable to All Residences.

1. Each residence shall be new and constructed with new materials unless Declarant approves, in writing, the use of alternative materials. Only new manufactured homes or modular homes which have a manufacture date within the twelve (12) months prior to the date of issuance of a building permit by Carbon County, Wyoming, shall be allowed.

2. Each residence must be able to resist a minimum wind load of sixty (60) miles per hour.

3. Each residence must be able to support a minimum snow load of thirty (30) pounds per square foot.

4. The maximum height of the residence shall not exceed thirty (30) feet above the high ground side of the home at finished grade.

5. Each residence must meet the following minimum design requirements:

(a) The size of the above‑grade main level living area plan (excluding breezeways, porches, patios, garages, carports, decks, and terraces), shall be not less than 1400 square feet.

(b) Eighty percent (80%) of the above‑grade main level living area must be of a width of 27 feet 6 inches or greater.

6. Each residence shall be placed on and attached to a permanent, full perimeter poured concrete foundation, regardless of structural design or interior structural support.

7. The exterior walls of each residence shall be a minimum of six (6) inches in thickness.

8. Siding material will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum, cement board, or lap vinyl. One or a combination of these materials must be used to permanently cover the exterior of the house, including exposed foundations or basement walls. The exterior color(s) of the residence shall be neutral tones or earth tones and must blend aesthetically with the surrounding area as determined by Declarant. Any material used to finish the lower perimeter of the residence must be able to withstand the effects of wind, soil, decay, rodents, and termites.

9. Each residence will have a pitched roof, with a roof slope of not less than a four (4) inch vertical rise for each twelve (12) inches of horizontal run. Roofing materials shall be tile, slate, T-lock, asphalt shingles or baked on enamel metal roofing, all of which, including color, must be approved by Declarant.

10. Each residence will have a roof overhang that extends not less than sixteen (16) inches outward from the exterior walls, not including rain gutters.

11. Each residence must have, at a minimum, one of the following two features:

(a) an attached garage, the design of which alters the structure’s roof line and/or which results in the structure’s footprint being other than a simple rectangle; or

(b) a main level design which results in the structure’s footprint being other than a simple rectangle.

12. The residence must have, at a minimum, four (4) of the following eleven (11) features:

(a) walk out basement

(b) a second story living level

(d) dormers

(e) shutters

(f) bay windows

(g) horizontal siding or log siding

(h) porch

(i) deck

(j) pods

(k) eyebrows

13. The following home designs or construction types are specifically not allowed:

(a) A‑frame homes

(b) Earth Birm homes

(d) Envelope Homes

(e) Geodesic Homes

(f) Homes using wall framing other than wood or steel

(g) Any other manufactured homes, modular, or site‑built homes not meeting standards set forth herein.

32. Electricity.

Electricity will be supplied through a main on the boundary of each tract. Each tract owner will be responsible for the installation and burial of an electrical supply line, including the installation of transformers, if applicable, from the tract boundary line to the residence and other buildings. Each tract must have a connection made to the main electrical supply and meter installed by Carbon Power and Light or its successor unless an alternative electrical power source suited for long-term sustainable power is approved in writing by the Declarant. If such approval is granted, connection to the alternative power source shall be construed to be a connection to the electric utility for purposes of compliance with these provisions.

39. Authority of the Trail Run Landowners Association, Inc.

A. The Association shall enforce the provisions of this Declaration and the bylaws, shall have all powers and authority permitted to the Association under this Declaration, shall be the grantee and holder of the non-exclusive easement for the road and utilities in Trail Run_™ Area 1, shall have the exclusive authority to manage, maintain, repair and improve the easements, common elements, conduct Association operations, and the authority to make the assessments as provided herein. The Association shall also have the exclusive authority to acquire and pay for, out of the common expense fund as hereinafter provided, all goods and services requisite for the proper functioning of the Association, including, but not limited to the following:

1. Road maintenance, improvement, and snow removal, recreational pathway maintenance and improvement, utility easements maintenance and improvements, and the maintenance and improvement, as required, for the common elements.

2. The services of such personnel the Association shall determine necessary or proper for the maintenance, improvement and operation of the common elements, whether such personnel are employed directly by the Association, contracted or are furnished by the manager, managing agent, or Declarant.

3. Legal and accounting services for the operation of the Association, administration of the common elements, or the enforcement of this Declaration or Association bylaws.

4. Any other materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Association is required to secure by law or which in its opinion shall be necessary or proper for the operation of the Association or the operation, maintenance or improvement of the common elements or for the enforcement of this Declaration or Association bylaws. Provided, however, if for any reason such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments are provided for the benefit of a particular tract or owner as opposed to the general benefit of all tracts, the cost thereof shall be specially assessed to the particular tract and its owners. Such assessments shall be due and payable within ten (10) days of such assessment and if unpaid when due shall bear interest at the rate and in the manner provided in Paragraph 40.D.

B. Nothing contained herein shall be construed to preclude the Association from ceding or inviting jurisdiction for traffic regulation and control to the public agency having jurisdiction over the adjacent public roadways.

D. All other provisions of the Declaration of Covenants, Conditions and Restrictions for Trail Run_™ Area 1 as recorded at Book 1026, Page 173, except as specifically amended herein, shall remain the same. The lands and improvements constructed and located on the lands included in the Record of Survey, Trail Run_™ Area 1, as recorded in Book 1026, Page 172, are subject to the use and ownership as set forth and are subject to the terms, covenants, conditions, easements, and restrictions, uses, limitations, and obligations, all of which shall be deemed to run with the land, shall be a burden and a benefit to Declarant and any person acquiring or owning an interest in the real property and improvements, their grantees, successors or assigns.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, this _____ day of ___________________, 2004.

___________________________________

William R. Saulcy, Jr.

___________________________________

Judith Jean Saulcy

STATE OF WYOMING )

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COUNTY OF CARBON )

The foregoing instrument was subscribed to and acknowledged before me by William R. Saulcy, Jr., and Judith Jean Saulcy, this ______ day of __________________, 2004.

Witness my hand and official seal.

___________________________________

Notary Public

My commission expires: ____________________.