turtle creek estates

First Amendment to Declaration
TURTLE CREEK ESTATES
Common Interest Community No. 13

THIS AMMENDMENT, made this 10th day of September, 2004 by Turtle Creek Estates, Inc., a Minnesota corporation, the Declarant and the owner of at least sixty-seven percent (67%) of the Units in the Common InterestCommunity, and sixty-seven percent (67%) of the votes in Turtle Creek Homeowners Association, hereby amends the Declaration of Turtle Creek Estates, dated April 21, 2003, recorded in the office of the Mower COunty Recor4der, Austin, Minnesota on May 20, 2003 as Document No. 516542 to add the collowing provision regarding use of the premises in the aforesaid Common Interest ommunity as Section 7.11 paragraph i:

7.11i All driveways and sidewalks located within the Community must be construted of concrete, brick, tile or other masonry type materials, and not with a surface of dirt, gravel or asphalt.

IN WITNESS WHEREOF, the undersigned being the Declarant and the owner of at least sixtxy-seven percent (67%) of the Units and the votes withing Turtle Creek Homeowners Association has caused this amendment to be executed the day and year revited above.

Lance R. Pogones
Jon G. Olson

Second Amendment to Declaration
TURTLE CREEK ESTATES
Common Interest Community No. 13

THIS AMMENDMENT, made this 19th day of April, 2005 by Turtle Creeek Homeowners Association (the "Association"), hereby amends the Declaration of Turtle Creek Estates Common Interest Community No. 13, dated April 21, 2003, recorded in the office of the Mower County Recorder, Austin, Minnesota on May 20, 2003 as Document No. 516542, as previously amended by the First Amendment to Declaration dated September 10, 2004, recorded September 17, 2004 in the office of the Mower County Registrar of Titles, as Document No. T000012712, now amended to add the following provision regarding use of the premises in the aforesaid Common Interest Commuinity as Section 7.11 paragraph j of the Declaration:

7.11j LP Gas, Oil and Fuel Tanks. All LP gas heating oil or other fuel tanks must be buried underground.

The Declaration is further amended by deleting from Section 7.16 thereof the phrase "or effectively screened from view outsside the Lot."

The Declaraion is further amended by adding the following phrase at the end of Section 7.15 thereof: "provided such temporary usage is non-repetitive." As a result of this amendment the last sentence of Section 7.15 will read as follows:

This provision shall not exclude the temporary storage on the driveway for a period not to exceed 72 hours, provided such temporary usage is generally non-repetitive.

IN WITNESS WHEREOF, the undersigned, being the officers of the Association certify that at an Annual Meeting of the Association held on April 19, 2005, duly called in accordance with the By-Laws of the Association, owners of at last sixty-seven percent (67%) of the Units and the votes within Turtle Creek Homeowners Association having voted in favor, this Amendment was adopted by the Association.

Tutle Creek Estates Homeowners Association

Lance R. Pogones
Jon G. Olson

Third Amendment to Declaration
TURTLE CREEK ESTATES
Common Interest Community No. 13

This Amendmetn, made this 23rd day of January, 2008, by Turtle Creek Homeowners Association (the "Association"), hereby amends the Declaraion of Turtle Creek Estates Common Interest Community No. 13, dated April 21, 2003 recorded in the office of the Mower County Recorder, Austin, MInnesota on May 20, 2003 as Document No. 516542, as previously amended by the First Amendment to Declaraion dated April 19, 2005, recored May 5, 2005, in the office of the Mower County Registrar of Titles as Document T000012986, now amended to make the following revisions to the Declaration:

I. Paragraph g. of Section 7.11 of the Declaraion is amended by deleting all fo the language thereof and inserting therein the following:

7.11g CHildren's Play Equipment and Outdoor Recreation Facilities. Children's ply equipment, trampolines and other similar outdoor recreational features are only allowed in private yard areas that are not visible from the public streeet. Any such structure must be no closer than (10) feet from all common lot lines and screened by landscaping. Basketball backstops and standards are allowed on driveways.

II. A new paragraph to be designated as Paragraph i. shall be added to Section 7.11 as follows:

7.11 i Motorized Recreational Vehicles. Motorized recreational vehicles are not allowed to be operated on the Property except to travel by the most direct route possible to and from legally authorized places for the operation of recreational vehicles.

IN WITNESS WHEREOF, the undersigned, being the officers of the Association certify that at an Annual Meeting of the Association held on November 9, 2006 owners of at least sixty-seven (67%) of the Units and the votes within Turtle Creek Homeowners Association having voted in favor, this Amendement was adopted by the Association.

Turtle Creek Estates Homeowners Association

Lance R. Pogones
Jon G. Olson

Fourth Amendment to Declaration
TURTLE CREEK ESTATES
Common Interest Community No. 13

THIS AMMENDMENT, made this 21St day of May, 2005 by Turtle Creeek Homeowners Association (the "Association"), hereby amends the Declaration of Turtle Creek Estates Common Interest Community No. 13, dated April 21, 2003, recorded in the office of the Mower County Recorder, Austin, Minnesota on May 20, 2003 as Document No. 516542, as previously amended by the First Amendment to Declaration dated September 10, 2004, recorded September 17, 2004 in the office of the Mower County Registrar of Titles, as Document No. T000012712, then amended by the Third Amendment to Declaration dated January 23, 2008, recorded January 24, 2008 , in the office of teh Mower County Registrar of Titles as Document T000013932, now amended to make the following revision to the Declaration:

I. Paragraph a. of Section 8.1 is amdended by adding the following language at tthe beginning thereof, as the new fisrst setnence of Section 8.1a:

Any residence constructed or to be constructed on the premises shall have at leaset 1,800 square feet on the main floor of a single story home and 2,800 total square feet (main floor and upper floor) for two-story homes.

II. The resto fo section 8.1a iremains as previously written.

IN WITNESS WHEREOF, the undersigned, being the officers of the Association certify that at an Annual Meeting of the Association held on November 9, 2006, duly called in accordance with the By-Laws of the Association, owners of at last sixty-seven percent (67%) of the Units and the votes within Turtle Creek Homeowners Association having voted in favor, this Amendment was adopted by the Association.

Tutle Creek Estates Homeowners Association

Lance R. Pogones
Jon G. Olson

Fifth Amendment to Declaration
TURTLE CREEK ESTATES
Common Interest Community No. 13

THIS AMMENDMENT, made this 8th day of February, 2011, by Turtle Creeek Homeowners Association (the "Association"), hereby amends the Declaration of Turtle Creek Estates Common Interest Community No. 13, dated April 21, 2003, recorded in the office of the Mower County Recorder, Austin, Minnesota on May 20, 2003 as Document No. 516542, as previously amended by the First Amendment to Declaration dated September 10, 2004, recorded September 17, 2004 in the office of the Mower County Registrar of Titles, as Document No. T000012712, then amended by the Third Amendment to Declaration dated January 23, 2008, recorded January 24, 2008 , in the office of the Mower County Registrar of Titles as Document T000013932,then amended by the Fourth Amendement to Declaraion dated May 21, 2008, recorded 23, 2008, in the office of the Mower County Registrat No. T000014070, now amended to make the following revision to the Declaration:

I. The Declaration is amended at Section 7.2 thereof by altering the required time to complete landscaping by deleting the phrase "six(6) months" and inserting in place thereof the phrase "one (1) year".

II. The Declaration is amended at Section 7.4 thereof by inserting the following sentence at the beginning thereof:

All clothes lines shall be retractable.

III. The Declaration is amended at Section 7.11g thereof by deleting all of the language thereof and inserting in place thereof the following:

7.11g Children's Play Equipment and Outdoor rectreational features are only allowed in the private yard areas of a Unit that are not visible from the street in front of the Dwwelling located upon the Unit by a person standing anywhere between the side lines of the dwelling, as extended forwardt to the street abutting the Unit. Basketball sbackstops and standards are allowed on driveways.

IN WITNESS WHEREOF, the undersigned, being the officers of the Association certify that at an Annual Meeting of the Association held on November 10, 2009, duly called in accordance with the By-Laws of the Association, owners of at last sixty-seven percent (67%) of the Units and the votes within Turtle Creek Homeowners Association having voted in favor, this Amendment was adopted by the Association.

Tutle Creek Estates Homeowners Association

Lance R. Pogones
Jon G. Olson