Revision to the Fifth Amendment of the Covenants, Restrictions, and Trusteeship to

Pinnacle Lake Estates Association, Inc., Warren and Montgomery Counties, Missouri

September 13, 2008

GRANTOR and GRANTEE: Pinnacle Lake Estates Association, Inc.

                                                     102 Skyline Drive South

                                                     New Florence, MO63363

                WHEREAS, prior to the date hereof Pinnacle Lake Estates Association, Inc. (the “Association”) has adopted and enacted the (1) Restrictions to Pinnacle Lake dated September 10, 1964 recorded at Book 205, Page 542of the Montgomery County Records, Book 114, Page 245 of the Warren County Records (the “Initial Restrictions”); (2) Amendment to Restrictions to Pinnacle Lake Estates dated June 24, 1974 recorded at Book 247, Page 159 of the Montgomery County Records and Book 176, Page 333 of the Warren County Records; (3) Second Amendment (“Second Amendment”) to Restrictions to Pinnacle Lake Estates dated April 21, 1978, recorded at Book 261, Page 145 of the Montgomery County Records and Book 214, Page 712 of the Warren County Records; (4) Third Amendment to Restrictions to Pinnacle Lake Estates dated May 18, 1978, recorded at Book 261, Page 240 of the Montgomery County Records and Book 214, Page 712 of the Warren County Records; (5) Fourth Amendment to Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated December 29, 1984, recorded at Book 287, Page 493 of the Montgomery County Records and Book 285, Page 1027 of the Warren County Records; (6) Revision of the Fourth Amendment of the Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated July 15, 1985, recorded at Book 296, Page 571 of the Montgomery County Records and Book 339, Page 261 of the Warren County Records; (7) Revision of the Fourth Amendment of the Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated May 4, 1993, recorded at Book 344, Page 321 of the Montgomery County Records and Book 644, Page 101 of the Warren County Records; (9) Revision of Fourth Amendment of the Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated August 16, 1994, recorded at Book 354, Page 756 of the Montgomery County Records and Book 672, Page 246 of the Warren County Records; and (10) Revision of the Fourth Amendment of the Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated January 16, 1999, recorded at Book 405, Page 414 of the Montgomery County Records and Book 927, Page 134; and (11) Revision of the Fourth Amendment of the Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated October 5, 2002, recorded at Book 474, Page 174 of the Montgomery County Records and Book 1136, Page 280 of the Warren County Records; and (12) Revision of the Fourth Amendment of the Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated September 11, 2004, recorded at Book 526, Page 255 of the Montgomery County Records and Book 1281, Page 690 of the Warren County Records;

                Whereas, the Initial Restrictions to Pinnacle Lake dated September 10, 1964 recorded at Book 205, Page 542of the Montgomery County Records, Book 114, Page 245 of the Warren County Records shall be in full force and effect and the same are hereby ratified, confirmed, and incorporated herein by reference, except to the extent amended by this Amendment (the “Initial Restrictions” and this “Amendment” shall be hereafter collectively referred to as the “Restrictions”);


                Whereas, by a majority vote of those present at the Annual Meeting of members of the Association held on September 10, 2005 the Association hereby adopts this Amendment and restates the Fourth Amendment of the Covenants, Restrictions and Trusteeship to Pinnacle Lake Estates dated September 11, 2004, recorded at Book 526, Page 255 of the Montgomery County Records and Book 1281, Page 690 of the Warren County Records to read as follows:

  1. All roads indicated on plats of said Pinnacle Lake Estates, which is more particularly described on Exhibit A attached hereto and incorporated herein, now filed or on future plats, to be constructed by a developer, will be constructed according to the standards established by the Trustees of the Pinnacle Lake Estates Association, Inc. before said roads may be accepted for maintenance.
  1. A> All dwellings must be constructed to conform to the following minimum area requirements of enclosed living space:
  1. Single story dwellings must have a minimum area of 768 square feet of enclosed living space.
  2. Two story dwellings must have a minimum area of 768 square feet of enclosed living space on the first floor.

The words “enclosed living space” as used herein shall mean a building with enclosed heated living area and the area shall be computed on the outside measurements of the dwelling, except it shall not include any area of basements, garages, porches and attics. Any structure less than the above minimums may not at any time be used for living, but for storage only.

                B> All lots within Pinnacle Lake Estates shall be used as a residence for one family and/or recreational purposes only; no commercial business shall be permitted, maintained or conducted thereon, except by the Association. Said premises shall not be used for any unlawful purpose, or for any purpose that would injure the reputation of the neighborhood.

                C> No house trailers, mobile homes, manufactured homes, or similarly described structures are permitted. Modular homes shall be permitted, however, if, in addition to any other requirements for dwellings and structures the modular home is (i) new, (ii) has a roof pitch no less than 4- inch rise to 12-inch run, (iii) is a minimum of 24 feet in width and length, (iv) meets the Association’s minimum square foot requirements, (v) is permanently erected on and affixed to a spread footing and foundation, and (vi) is in conformance with all applicable state and local building codes. House trailers, mobile homes, manufactured homes and similarly described structures which were documented by the Board of Trustees of the Association to exist within Pinnacle Lake Estates on or before September 30, 1994 are permitted to remain, but should those dwellings be removed or structurally damaged beyond acceptable standards at any time in the future, they may not be replaced with any structure not permitted by the “Restrictions”, By-laws or other rules of the Association at that time in effect.

                D> No portion of land located within Pinnacle Lake Estates shall be subdivided or re-subdivided into lots containing less than three acres of land. Any subdivision or re-subdivision of land located within Pinnacle Lake Estates and/or restructuring of lot lines of platted lots of record of Pinnacle Lake Estates shall require a new plat or a revision to the existing recorded plat, which is to be completed at the property owner’s expense, and such revision shall be submitted to the Board of Trustees for written approval prior to submitting such revision to the plat to the county or other applicable governmental body for approval and prior to recording. Any subdivision and/or restructuring of lot lines of land located within Pinnacle Lake Estates not indicated on a plat filed of record shall require a plat be completed at the property owner’s expense and such proposed plat shall be submitted to the Board of Trustees for written approval prior to submitting the plat to the county or other applicable governmental body for approval and prior to recording. The Board of Trustees shall have the authority to consent or reject such revision to plat or proposed plat in its sole discretion.

Upon written approval of a revision to plat or proposed plat by the Board of Trustees, the property owner must present the approved plat to the proper planning and zoning commission or authorities of the county in which the property is located for approval. Upon approval by the appropriate county authorities, the approved plat or revision to plat shall be filed for record in the recorder's office of the county in which the property is located.  For purposes of this section, if the property that is subject to the revision to plat or the plat is located in more than one (1) county, the property owner must present such plat or revision to plat to the proper authorities of each county in which the property is located and record the revision to plat or proposed plat in each county’s recorder’s office.  No clubs, organizations, corporations, limited liability companies, limited partnerships, limited liability partnerships, general partnerships, not for profit corporations, or similar corporate entities shall hold title to any land located within Pinnacle Lake Estates

  1. The Association, its successors or assigns, may erect a clubhouse, a boat house, stables, swimming pools, baseball diamonds, golf course, tennis courts, and other recreational facilities.

  

  1. No cattle, swine, sheep, goats, fowl or other farm animals may be kept on any lot. Horses may be kept only at locations designated by the Association. The Trustees of the Association shall have the power to establish leash laws for domestic animals.
  1. No building, fence, wall or boat dock, or other structure shall be erected, altered, built, or permitted to remain unless plans or specifications are first approved, in writing, by the Board of Trustees of the Association. Any structures and/or vehicles, including but not limited to sheds, porches, boat docks, campers, homes, decks, gazebos, boats, autos, etc., that are, in the opinion of the Board of Trustees, determined to be in disrepair or in violation of the Association Rules and Regulations, as set forth in Exhibit B attached hereto and incorporated herein, the owners will be notified in writing that repair or removal is necessary and will be given a minimum of 30 days to complete the necessary work. Less than 30 days may be given in the event of a health or safety threat. At the request of the lot owner, an extension may be granted by the Board of Trustees when it is considered appropriate. In the event that the owner fails to comply by the stated date the Board of Trustees has the authority to contract with a private service to have the repairs done or remove the stated structure and/or vehicle from the property at the owners’ expense. The costs shall be billed to the owner, and non-payment of the bill will be handled in the manner customary to that service.
  1. No recreational vehicle, basement, tent, shack, barn, garage, or other outbuilding erected in Pinnacle Lake Estates shall be, at any time, used as a permanent residence. No building shall be erected on any easement. No outdoor sanitary facilities will be permitted other than the sanitary facilities provided by, or approved on an annual basis by, the Board of Trustees of the Association.
  1. Only lot owners, their immediate families, and guests with written permission of lot owner, in his or her absence, presented to the security guard or other proper official, may sail, boat ride, ski, fish or swim in PinnacleLake or use any facilities now available. All property owners and guests must abide by the Rules and Regulations of Board of Trustees of the Association. All others may use such facilities now available or to be provided only with the approval of a majority of the Board of Trustees of the Association
  1. Any increase in assessments to be levied against lots may only be approved by a majority vote of eligible members present at an annual or a specially called meeting. The membership must be notified in writing by the Trustees at least thirty days in advance of such a meeting that an assessment increase will be voted on. Such notice shall contain a proposal setting forth the proposed amount of increase per lot and the maximum amount of the increase in assessments to be voted on at said meeting.

                A> Notice of Assessment and Date: Notice of each annual assessment and special assessment shall be given to each lot owner containing a due date. The assessment shall be due thirty (30) days from the date the notice is given unless another date is specifically identified by the Board of Trustees and provided in the notice.

                B> Effect of Non-Payment of Assessment: Personal Obligation of the Owner: Each such assessment, together with the costs of collection thereof, as herein provided, shall be the personal obligation of the owner of record of the property at the time when the assessment became due. Each regular or special assessment not paid on the due date shall become a delinquent assessment. Each such delinquent assessment shall accrue interest at the rate of Eighteen (18%) percent per annum on the unpaid principal balance, calculated from the due date, through and including the date full payment is received.

The Board of Trustees shall also have the power to assess any lot owner any actual costs and expenses incurred by the Board of Trustees in remedying, or attempting to remedy, any such delinquency, violation or breach. Said costs include reasonable attorney fees incurred, whether or not any lien is filed or suits are brought, and whether any resolution is by settlement or by trial. All such costs and attorney fees shall also be a lien on such lot as provided herein and a personal obligation of the lot owner. The Board of Trustees may bring an action at law or equity against the owner personally obligated to pay, or foreclose the lien against the property as described herein.

                C>Creation of Lien: In the event of a delinquency in the payment of any assessment, such amounts as may be delinquent, together with late charges, interest, and all costs which may be incurred by the Board of Trustees or its representatives in the collection of such delinquent accounts, including reasonable attorney fees incurred, shall constitute a lien on said tract in the manner provided herein.

Any assessment, cost, charge, penalty, fine, or other sum for which these restrictions make provision for the creation of a lien, shall become a lien against the tract in question upon the recordation in the office of the Recorder of Deeds of a Notice of Lien, signed by any one or more of the Board of Trustees, describing the tract and stating the amount owed.

Once a notice of lien is recorded, the lien shall include all further charges and reasonable attorney fees actually incurred by the Board of Trustees with respect to the foreclosure of the lien or other satisfaction of any amounts owed. This includes any additional assessments, which may become due. No additional notice of lien need be recorded itemizing such sums.

               D>Foreclosure of Lien: Any such lien shall be collected and enforced through foreclosure in the same manner as a mortgage on real estate or a power of sale under Chapter 443 of the Revised Statutes of the State of Missouri, as the same may be amended from time to time.

The Association shall upon demand at any time furnish to any owner liable for said assessment a certificate in writing signed by a member of the Board of Trustees, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment, therein stated to have been paid.

  1. Special assessments for emergencies may be levied upon property owners in accordance with the procedure established by the Trustees of the Association. Special assessments must be approved by majority vote of qualified members at a specially called meeting. The Association is herewith granted the authority to enforce said payment in the manner provided herein.
  1. All property owners are members of the Association but shall not be entitled to vote unless the assessments are paid.
  1. The Covenants, Restrictions, and Trusteeship contained herein may be amended by a majority vote of qualified membership attending or voting in proxy at a meeting duly called according to the procedure established by the Association.
  1. The Trustees of the Association are, by this instrument, authorized to establish and enforce Rules and Regulations for the use of recreational facilities, the lake, and recreational vehicles, but shall not prohibit the use of recreational vehicles by lot owners.

                A>Violation and Penalties: The Board of Trustees shall have the authority to determine a schedule of offenses (Exhibit B) subject to a fine and the amount of such fine (Exhibit C), in its sole discretion, and adopt, repeal, or amend such schedule of offenses or the amount of the applicable fine.  Upon approval by the Board of Trustees, any adoption, amendment or repeal regarding the fines shall be posted at the AdministrationBuilding and a copy thereof shall be made available to any member of the Association upon the request of such member.  In no case shall the amount of a fine be in excess of $100 for a first offense or $300 for a repeated or recurring offense.  The Board of Trustees may assess a fine against any owner who, or whose guest, is determined to have violated or to be in violation of any of the offenses subject to a fine. The owner may have a hearing before the Board of Trustees by filing a written request with the Board of Trustees within fifteen (15) days of the giving of notice of the violation and fine. If no written request is made for a hearing and payment of the fine is not received within thirty (30) days of the giving of notice, or if a hearing is requested and payment of a fine is not received within (30) days of the decision of the Board of Trustees after hearing, the fine shall become a lien against the owner’s property and enforceable as set out herein for assessments and liens. The Board of Trustees shall determine, at its discretion, the protocol for any hearing conducted hereunder.

               B>Notices: All notices, demands or other writings under these Restrictions provided to be given, or made, or sent, or which may be given or may be sent, shall be deemed to have been fully given or made or sent by the Board of Trustees in any of the following manners in the order listed:

  1. In writing and deposited in the regular U.S. mail to the address provided to the Association by the owner or on the Deed of any owner recorded in the Office of the Recorder of Deeds of the County of Warren or the County of Montgomery.
  2. In writing and recorded in the Office of the Recorder of Deeds in the County in which the lot is located.
  3. In writing and posted on the lot of the owner.
  4. In writing and published in a newspaper of general circulation in the County in which the lot of the lot owner is located.             

It is the responsibility of each lot owner to provide the Association with an address to which any notice, demand or other writing may be given or may be sent as above provided. Upon change of address it is the responsibility of the lot owner to give written notice to the Association of any new address.

  1. These Restrictions are covenants running with the land and are enforceable in their entirety by the Trustees of the Association and shall be binding on all property owners or person claiming under them, their heirs, successors or assigns.
  1. If the owners of any of said lots, or his or her heirs or assigns, shall violate, or attempt to violate any of the conditions or restrictions herein contained, it shall be lawful for any other person or persons owning any real estate situated in the development, to bring a proceeding at law or in equity against the person or persons violating, or attempting to violate any such conditions or restrictions, and to prevent him, or them, from such violations.
  1. It is expressly understood and provided at the invalidation of any one of these conditions and restrictions, by judgment or order of any Court, shall in no way effect any of the other provisions herein contained, which shall remain in full force and effect.
  1. These Restrictions may be signed in counterpart.
  1. The use of firearms, whether for hunting, target shooting or otherwise, is prohibited on all lots within Pinnacle Lake Estates.
  1. No motor vehicle or equipment in a wrecked or dilapidated condition, or otherwise inoperable or immobile under its own power shall be permitted on any property, except in the instance of ordinary or emergency repairs which render a vehicle or piece of equipment inoperable only temporarily. Temporary or ordinary repair period shall not exceed sixty (60) days. The fact that any motor vehicles of the type which ordinarily requires licenses for legal operation on public highways shall not have affixed current licenses required by the State of Missouri for operation on public roadways, shall create an irrefutable presumption that the vehicle is inoperable.
  1. No all terrain vehicles, motorcycles or other motorized unlicensed land vehicles may be used on the common ground of Pinnacle Lake Estates, unless the operator has acquired prior written consent from the Board of Trustees. No all terrain vehicles, motorcycles or other motorized land vehicles may be used on the roadways of Pinnacle Lake Estates unless:

                A> The vehicle has in full force and effect the minimum liability insurance required by the State of Missouri for operation of motor vehicles on a public roadway with regard to the operation of the said vehicle.

                B> The operator shall abide by Missouri law when operating the vehicle.

  1. No water vehicles may be used on PinnacleLake unless the operator has acquired prior written consent from the Board of Trustees. No watercraft may be used on PinnacleLake unless:

                A> The vehicle has in full force and effect the minimum liability insurance required by the State of Missouri for operation of the watercraft.

                B> The operator shall abide by Missouri law when operating the watercraft.

PINNACLE LAKE ESTATES ASSOCIATION, INC.

                                                                                                                                                                                                                ____________________________________________

                                                                                                                Linda Rosner

                                                                                                                Board of Trustees

STATE OF MISSOURI                       ) SS

COUNTY OF MONTGOMERY     )

                On this ______ day of April , 2009 before me appeared LINDA ROSNER, to me personally known, who, being by me duly sworn, did say that she is a Member of the Board of Trustees of Pinnacle Lake Estates Association, Inc., a Missouri Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Trustees, and said LINDA ROSNER acknowledged said instrument to be the free act and deed of said corporation.

                Witness my hand and official seal the day and year first above written.

                                                                                                                ____________________________________________

                                                                                                                Notary Public


EXHIBIT A

LEGAL DESCRIPTION OF PINNACLE LAKEESTATES

Said property being described:  All of the East one-half of the Southwest quarter and the Southeast quarter of Section 12 and the East one-half of the Northwest quarter, the East one-half and the Northwest quarter of the Southwest quarter, all of the Northeast quarter and all of the Southeast quarter of Section 13 and all of the Northeast quarter and the North one-half of the Southeast quarter of Section 24 all in Township 47 North Range 5 West in Montgomery County, consisting of 1,000 acres, more or less. ALSO, Lot Number 2 Northwest quarter and Lot Number 2 of the Southwest quarter of Section 18 and Lot Number 2 of the Northwest quarter and the South one-half of Lot Number 1 of the Northwest quarter and the South one-half of the Northeast quarter and the North one-half of the Southeast quarter and the East one-half of the Southwest quarter of Section 19 all in Township 47 North Range 4 West of Warren county, consisting of 520 acres, more or less (“Pinnacle Lake Estates”).