SECTION 1. DURATION. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to the Declaration; their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of twenty (20) years.

SECTION 2. AMENDMENTS. These covenants and restrictions of this Declaration may be amended by an instrument signed the Association President and Secretary and properly recorded only after written approval by not less than sixty (60) percent of the Lot Owners. Written approval by the Members are to be held with the Association records.

SECTION 3. NOTICE. Notices, approval, consents, applications and other actions provided for or contemplated by these Covenants shall be in writing and shall be signed on behalf of the party who originates the notice, approval, consent, application or other action. Notice shall be sufficiently served if delivered by mail or otherwise:

(a) to the dwelling situated on the Lot owned by that Owner, or

(b) if there is no dwelling or property is tenant occupied, then to the address furnished by the Owner to the Association and if the Owner has not furnished an address, then to the most recent address of which the Association has a record.

SECTION 4. ENFORCEMENT. The Association or any Owner shall have the right to enforce these covenants and restrictions by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, including without limitation, all expenses, costs, reasonable attorneys fees, or both and against the land to enforce any lien created by these covenants. Failure by the Association or any Owner to enforce any covenant or restriction therein contained shall in no event be deemed a waiver of the right to so thereafter.

SECTION 5. ADDITIONAL REMEDY. If notice has been given in writing to any Lot Owner as to violation or breach of covenant or restriction, the Owner shall have thirty (30) days to cure the violation or breach. Upon the failure by an Owner to cure a violation or breach within thirty days of written notification, the Association may at its option make repairs or perform maintenance or otherwise undertake action to cure the breach to restore the appearance of the Lot involved to a reasonable attractive condition or otherwise bring such Lot into compliance with the Covenants. In the event the Association elects to perform maintenance, the Association will submit to the Owner or persons responsible for the properly upon which or for whose benefit such maintenance was performed, a written statement of the costs incurred by the Association in performing the maintenance. These costs shall be paid to the Association within thirty (30) days after receipt of such notice. the failure by an Owner to cure a violation or breach within thirty days of written notification, the Association may at its option make repairs or perform maintenance or otherwise undertake action to cure the breach to restore the appearance of the Lot involved to a reasonable attractive condition or otherwise bring such Lot into compliance with the Covenants. In the event the Association elects to perform maintenance, the Association will submit to the Owner or persons responsible for the property upon which or for whose benefit such maintenance was performed, a written statement of the costs incurred by the Association in performing the maintenance. These costs shall be paid to the Association within thirty (30) days after receipt of such notice. If the Association costs have not been paid after expiration of this thirty-day period, the Association may thereafter record a lien against the Lot (including improvements thereon) for all expenses without limitation including reasonable attorneys’ fees incurred by the Association in performing the maintenance and in collecting such costs and foreclosing upon lien. This lien shall be junior to all other liens or encumbrances of record with respect to the Lot on the date this lien is recorded. This lien may thereafter be foreclosed upon in the manner provided by Colorado law for foreclosing upon real estate mortgages.

SECTION 6. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

SECTION 7. RULES AND REGULATIONS. The Board may, in its sole discretion, adapt reasonable rules and regulations to enforce, implement and supplement the covenants, terms and provisions of this Revised and Restated Declaration, including without limit, imposing fines. No such rule or regulation shall conflict with the Declaration.

The Association certifies that not less than seventy five percent (75%) of the Lot Owners have consented in writing to this Revised and Restated Declaration of Covenants, Conditions and Restrictions of ROCKRIMMON SUBDIVISION, GOLDEN HILLS FILING NO. 1 AND NO. 2. All original executed and notarized voting ballots are to be retained in the permanent records Of THE GOLDEN HILLS HOMEOWNERS ASSOCIATION and copies will be made available upon request in writing to the then current President of the Association. These Revised and Restated Declaration of Covenants, Conditions and Restrictions of ROCKRIMMON SUBDIVISION, GOLDEN HILLS FILING NO. 1 AND NO. 2 will become immediately effective upon recordation in the records of El Paso County, Colorado.