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Cloud 9 Explanation of Restrictions

Cloud 9 Explanation of Restrictions

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Published by Cloud 9 Ranch Club
Cloud 9 Explanation of Restrictions
Cloud 9 Explanation of Restrictions

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Categories:Types, Business/Law
Published by: Cloud 9 Ranch Club on Mar 27, 2009
Copyright:Attribution Non-commercial

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07/06/2010

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Revised 6/10/061
Explanation Of Restrictions
The next document delivered to you herewith in this booklet is the restrictions on Cloud 9 Ranch. Thefollowing is a brief explanation of those Restrictions. This explanation should be used only as a guide orindex to the Restrictions and is not intended to replace or be a substitute for the Restrictions. You shouldread the Restrictions carefully after reading this explanation.
ARTICLE 1- USE OF THE PROPERTY.
Each owner of the Ranch is entitled to use the property for hiking, camping, horseback riding,hunting, fishing, swimming, sports and other recreational uses. Each owner will refrain from obstructingor interfering with the use of the property by other owners.
ARTICLE 2- RULES.
 Each owner will abide by the rules of Cloud 9 Ranch Club, Inc.
ARTICLE 3- INTEREST OWNED.
Each owner owns a 1/6000
th
undivided interest in the entire property including the improvementsthereon.
ARTICLE 4- FEES, TAXES, AND ASSESSMENTS.
The annual maintenance fees payable by the members of Cloud 9 Ranch Club, Inc. The Board of Directors is authorized to increase annual maintenance fees up to 10%, if the need arises. Increasesgreater than 10% may only be authorized by a majority of voting members of the corporation voting atan annual meeting in person or by proxy. All taxes on the Ranch will be paid by Cloud 9 Ranch Club,Inc. Special Assessments may be levied by the Board of Directors if necessary for matters involvinghealth, safety or welfare, otherwise only by a majority of voting members of the corporation voting at anannual meeting in person or by proxy.
ARTICLE 5- EXHIBIT “C” PROVISIONS FOR COSTS OF MAINTENANCE ANDOPERATION.
The expense of maintaining and operating the Ranch will be paid from the fees of the members of Cloud9 Ranch Club, Inc.
ARTICLE 6- POWERS OF CLOUD 9 RANCH CLUB, INC.
Cloud 9 Ranch Club, Inc. is a not-for-profit corporation, and each owner automatically becomes amember thereof upon contracting to purchase an interest in the Ranch. The corporation is responsible foroperating and maintaining the Ranch and paying the taxes thereon .The corporation has enforcementrights on each owner’s interest in the Ranch for collection of its fees etc.
ARTICLE 7- BREACH
Violation of any of the Restrictions constitutes a nuisance and every remedy allowed by law or equityagainst a nuisance is applicable against any person who violates the Restrictions.
 
Revised 6/10/062
 ARTICLE 8- RIGHT OF ENTRY.
Cloud 9 Ranch Club, Inc. has the right to inspect the Ranch; however, it will inspect the same in such amanner as to interface as little as is reasonably possible with each other’s use of the Ranch.
ARTICLE 9- PARTITION.
Each owner has waived his right to partition the Ranch.
ARTICLE 10- SALE OF ENTIRE PROPERTY.
The Ranch may be sold upon the affirmative vote of three-fourths of the entire voting membership of Cloud 9 Ranch Club, Inc. The proceeds of any such sale shall be divided among the owners of the Ranchin proportion to their respective ownership thereof.
ARTICLE 11- PARTIAL SALE &USE BY OTHERS
In the event of a partial sale of Ranch property, each member agrees to exchange his or her individualinterest for a lesser-undivided interest in the remaining property.
ARTICLE 12- WAIVER.
Any delay or omission in enforcing the restrictions shall not be constructed to be a waiver oracquiescence of the violation thereof.
ARTICLE 13- AMENDMENTS
Generally, the Restrictions may be amended by three-fourths of the owners of the Ranch.
ARTICLE 14- SEVERABILITY.
If any provisions of the Restrictions are unenforceable the remaining provisions thereof continue to beenforceable.
ARTICLE 15- TERM.
The Restrictions run with the title to the Ranch and all subsequent purchasers thereof will also be boundthereby.
ARTICLE 16- ACCEPTANCE.
Each owner accepts the Restrictions and agrees to the same.Cloud 9 Ranch Club, Inc. By President
 
Revised 6/10/063 
RESTRICTIONS
Cloud 9 Ranch Club, Inc., being the not- for- profit organization of the owners of all the hereinafterdescribed property, commonly referred to as Cloud 9 Ranch, does hereby create, impose and place uponall of the said property in Ozark County, Missouri, to wit:All of section Ten, except a strip of land off the North end, being all that part of section Ten that liesNorth of the Farm to Market Highway KK; Thirty- Two acres off the South side of the South Half of theNorthwest Quarter of Section Eleven; the South Half of Section Eleven, all of Section Thirteen, all of Section Fourteen, all of Section Fifteen, and all of Section Sixteen lying West of the County Road; theNorth Half of the Northeast Quarter; The Southwest Quarter of the Northeast Quarter; all in SectionTwenty-two;The Northeast Quarter; The North Half of the Northwest Quarter; The Southeast Quarter of theNorthwest; The Southeast Quarter of the Northwest Quarter; The North Half of the Southeast Quarter;The Southwest Quarter; of the Southeast Quarter; The East Half of the Southwest Quarter; all in SectionTwenty-four, EXCEPT The Southwest Quarter of the Southwest Quarter; all of Section Twenty-five,EXCEPT the East Half of the Southeast Quarter and EXCEPT the Northwest Quarter of the NorthwestQuarter; The Northeast Quarter of Section Thirty-five that lies North of U.S Highway 160; theNorthwest Quarter; the Northeast Quarter; All that part of the Northwest Quarter of the SouthwestQuarter that lies North of U.S Highway 160, all of the above land being in Northeast Quarter; all of theabove land being in township Twenty-three North, Range Eleven West of the Fifth Principle Meridian inMissouri, County of Ozark.The following reservations, conditions and covenants, any and all of which are hereby termed“Restrictions” all of said Restrictions are made jointly and severally for the benefit and shall be bindingupon the present title holder to said lands, as well as all other persons, firms, or corporations, who mayfrom time to time own, hold, lease, rent or purchase said lands, or any part thereof, and their respectiveheirs, assigns, and successors, said lands into whosesoever hands they or any part of them shall come;and same are hereby made and declared void and for any reason unenforceable, the validity and bindingeffect of any other of said Restrictions shall not thereby impaired or affected, said Restrictions shall notbe construed that the waiver or failure to enforce any breach of any Restrictions shall be considered aswaiving the necessity for the observance or the right of enforcement by sale of the property ashereinafter provided, injunction, mandamus or other proceedings at law or in equity against any presentor future party or parties infringing, violating, attempting to infringe or violate, or omitting to abide bysaid lands or any part thereof, may recover damages for the breach, infringement or violation of anysuch Restrictions.
ARTICLE 1- USE OF PROPERTY
 A. The entire property described herein shall be used solely for hiking, camping, horseback riding,hunting, fishing, swimming, sports and other recreational uses authorized by Cloud 9 RanchClub, Inc.B. No above- ground or underground structure or fixture of any kind or nature and no fences of anykind shall be created, maintained or permitted upon any portion of property described hereinwithout the prior consent of the Board of Director. No owner, guest or person whomsoever shallplace, store or keep or permit to be placed, stored, or kept, upon any portion of the property

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