The real property more particularly described upon those certain Plats of Survey, (Meadow Brook, Spruce Addition, Brazos Rim, Elder Tract, Trailer Park, Cabin Sites, Aspen Lake, Park Addition, Johnson Addition), are collectively known as the Brazos Lodge Estates. Said Plats are filed for record with the Clerk of Rio Arriba County, New Mexico, which description is incorporated herein by reference as though set forth in detail.

The Upper Brazos Property Owners Association Board of Directors will act on behalf of the Brazos Lodge Estates (hereinafter referred to as "the Board of Directors") shall be the governing body for these covenants. All references to "the Board of Directors" in this document refer to the Board of Directors of the Upper Brazos Property Owners Association. This Board of Directors will comply with the rules and regulations set forth in the By-Laws of the Upper Brazos Property Owners Association. Also see Article 24.

Owners hereby make the following limitations, restrictive and protective covenants and uses to apply uniformly to all residential lots included within the Plats of Survey herein above described in order to provide a uniform plan for the development and preservation of mountain homesites, for private residential uses, to preserve the natural beauty of the area, to encourage attractive development, to assure the maximum enjoyment of the area subdivided by the owners of tracts therein, and to secure to each owner the full benefit of their property hereafter acquired.

(a) The property located in designated residential areas more particularly described upon the aforesaid Plats of Survey, shall be restricted to private residential uses. No business or commercial use, or any other use not consistent with the purpose herein expressed, shall be permitted within, or upon said designated areas.

None of the above described lots in residential areas shall be conveyed, leased, devised or otherwise transferred, unless properly surveyed and re-platted into residential lots no smaller than one-half (1/2) acre in size.

(a) Commercial tracts may be subdivided into lots no smaller than one-half (1/2) acre; however, when subdivided, they will be classified as residential lots and limited to one (1) single family dwelling per lot.

(b) No more than one (1) dwelling structure, in addition to necessary and appurtenant outbuildings, shall be constructed on any residential lot, which is less than one-half (1/2) acre in size. Lots over one-half (1/2) acre in size is permitted a maximum of two (2) single family dwellings.

No structures shall be erected, placed or altered on any building plot in these Plats of Survey until the structure plans, specifications and plot plan showing the location of such structures have been approved in writing as to conformity and harmony of exterior design of existing structures in the Plats of Survey and as to location of the structure with respect to the topography and finished ground elevations by the Board of Directors.

No dwelling structures (exclusive of porches and garages) having a floor area of less than four hundred (400) square feet, shall be erected or placed on any lot or tract. Construction of a dwelling structure, once commenced, shall be completed as to the exterior finish, within two (2) years from the date such construction commences. Exteriors consisting of exposed, uncovered tar paper, or roofing felt, shall be considered unfinished. House trailers may be used as living quarters within said area only during the period the lot owner is constructing a dwelling structure, and not to exceed two (2) years from the date the trailer is placed on the premises. No tent or tent dwelling may be used as permanent living quarters. Box cars and smaller structures shall not be permitted. No trailers or mobile homes will be permitted on a permanent basis. Exceptions: See Article 10(a) and 10(b). However, travel trailers may be placed on a lot temporarily, which shall not exceed fourteen (14) days one time stay.

(a) Trailers and mobile homes are only allowed in the designated areas of the Plats of Survey in the Brazos Lodge Estates.

(b) Mobile homes are allowed in the Plats of Survey only as long as they are consistent with the motif of the area as described in Article 6, within 24 months of placing on the property.

No Structure shall be located on any residential plot nearer than twenty (20) feet to the front lot line, nor nearer than fifteen (15) feet to any side street line, nor nearer than ten (10) feet to any side lot line, excepting that variances for odd shaped and/or sized lots shall be submitted to the Board of Directors for approval prior to commencing construction.

(a) A five (5) foot easement is reserved over the rear of each lot of the Plats of Survey for utility and/or drainage installations and maintenance of same.

(b) All streets within the Plats of Survey shall be thirty (30) feet in width and all trees of eight (8) inches in diameter and over within these limits shall be preserved whenever possible.

Dwelling structures shall be made of materials compatible with the current motif of the Plats of Survey. Metal exterior siding construction shall only be permitted for roofing.

(a) In order to prevent the construction of an undesirable dwelling in designated residential and commercial areas; the plans for building and location on residential and commercial lots shall be submitted for approval and shall be approved by the Board of Directors, before actual construction commences.

(b) Garages and outbuildings shall conform in construction and design to the construction and design of the main structure.

No walls or hedges constructed of materials, which do not blend in with the natural settings of the properties, shall be placed on any lot in these Plats of Survey. No walls or hedges shall interfere with the safety of all wildlife. Approval of such walls or hedges shall be obtained from the Board of Directors.

(a) No billboards, signs of any kind or nature, shall be placed on any tract within designated residential areas, with the exception of a single sign no larger than twelve (12) inches wide, and twenty-four (24) inches high, advertising such site for sale, lease or rent, or as a sign for identification purposes, or for a Cabin Watch sign. Any special billboards, signs of any kind or nature, shall be submitted to the Board of Directors for their review for approval or disapproval.

All matters concerning the aesthetics of the area, the construction and remodeling shall be under the authority of the Board of Directors, who shall develop architectural control guidelines for this purpose, shall control the addition to or alteration to any lot or to any structure or sign on any lot or living unit.

Plumbing, heating, and electrical installation shall be made in accordance with the respective codes of the State of New Mexico.

All dwelling structures shall have indoor plumbing facilities for waste disposal and no outdoor privies shall be permitted on the premises except for the period of construction of a residential dwelling.

Unless approved otherwise by the Board of Directors, Plats of Survey, all septic tanks, and all lateral lines extending there-from on residential lots, shall be located not less than fifteen (15) feet from any boundary line of the tract within which the same are installed. Further, said installation shall be situated at the location, which shall not be a discomfort or nuisance to adjoining property owners.

No nuisance shall be permitted upon any property within designated residential or commercial areas or shall any use or activity be carried on, or permitted of such nature as to be unreasonable, offensive, or otherwise harmful to the property value of others within said area. No junkpiles, (i.e., non-functional vehicles, or any mode of transportation, appliances, loose metal, non-stacked wood, etc.) shall be permitted to remain on any residential or commercial lots within the above described real property, nor shall any other unsightly use be made of any such residential or commercial lot. It shall be the responsibility of the owner of any lot to keep said lot clear of trash, rubbish, or noxious materials.

For the safety of all area residences and visitors and in deference to the wildlife and quietness of the area, the discharging of firearms shall not be permitted, unless used for the protection of the property or from endangerment from wildlife in the area. Property owners, their successors and permittees shall not hunt or chase animals or birds in the Plats of Survey.

It is recommended that firewood be stored in an attractive and safe manner.

No open fires, which include outdoor fireplaces, shall be permitted upon any property within the designated residential or commercial areas. All outdoor barbecue grills must have lids.

No commercial livestock operations shall be conducted on the aforesaid Plats of Survey by Property owners, their successors or permittees, provided however, except as stated in Article 16.

No livestock of any kind shall be kept upon any residential or commercial lot, except that a reasonable number of household pets are permitted.

Dogs and cats shall not be allowed on any property or roads unless they are on a secure leash, and under the immediate physical control of the owner. Any animal running at large in violation of this covenant may be taken up and impounded by the Board of Directors or property owners.

No person shall maintain a dangerous animal in a manner, which constitutes a threat to any person, or other animal.

No person shall allow an animal in his possession or control to persistently or continuously bark, howl or make noise common to its species, or otherwise to disturb the peace and quite of the property owners and guests or maintain an animal in a manner which produces noxious or offensive odors or otherwise endangers the health and welfare of property owners and guests.

Residential lots over one (1) acre in size will be permitted to keep saddle horses or pack animals, but they must be fenced in.

No motor vehicle shall exceed a speed of 25 mph in all areas and shall be operated in a safe and prudent manner.

Only licensed persons above 15 years of age shall be permitted to operate any motor vehicle per New Mexico State Motor Vehicle Laws. All Terrain Vehicles (ATV) - Off Road manufacturers state that persons 12 to 16 years old may operate an ATV up to 70cc. Person’s 16 years old and older may operate an ATV 90cc or greater. Off road is defined as an unimproved roads, trails, or private property.

All persons riding bikes, motor cycles, snowmobiles, 3 or 4 wheelers or any other recreational vehicle (exclusion - jeeps, 4 wheel drives, etc.) are recommended to wear approved safety helmets for that particular motor vehicle.

Upon the sale of property to new owners or through transfer to heirs, all names and addresses of new owners shall be reported to the Board of Directors.

All property owners automatically become members of the Cabin Watch Crime Prevention Group of the Upper Brazos Property Owners Association. Each property owner seeing suspicious persons, vehicles, etc., should note with a description, license plate, or any other identifiable markings, and report to the Cabin Watch Crime Prevention Committee. It is recommended that all suspicious activities be reported to the proper authorities. A Reward Fund is set aside, for the apprehension and conviction of perpetrators, for paid members of the Upper Brazos Property Owners Association.

Roads affording ingress and egress to the various sites or tracts are dedicated to the County of Rio Arriba shown on the records Plats. To the extent that said roads are not maintained by the County of Rio Arriba, the Upper Brazos Property Owners Association must maintain all roads off the main Highway 512.

The fishing pond on the Brazos Lodge Estates is for the use of all property owners and their guests.

(a) No swimming allowed.

(b) No volatile fluids/solids, or any man made objects are to be thrown/placed temporally or permanently into the pond or on the grounds or in any of the streams feeding the pond.

(c) All persons using the pond are to keep the area clean. Pack it in - Pack it out.

(d) Since this is a stocked lake (trout), no live bait of any kind is allowed to be used.

The Board of Directors or any property owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Board of Directors or by any property owner to enforce any covenant or restriction herein contained shall in no event be deemed to waive the right to do so thereafter.

The restrictions, covenants, servitude’s, and limitations contained herein shall be binding upon all parties, persons, or entities claiming any interest in any portion of said property, until January 1, 2017, at which time said restrictions or covenants or servitude’s, shall be automatically extended and renewed for successive periods of twenty (20) years, unless covenants are changed, modified, or dispensed with by the majority of the record owners (one vote per lot) of the tract or site within said Brazos Lodge Estates, through written instrument filed and recorded in the Office of the County Clerk of Rio Arriba County.

In the event the terms and provisions hereof should be deemed, construed, or result in what would be a violation of the rules against perpetuities, unreasonable restraint against alienation, or other similar rules, then, and in such event, the terms and provisions hereof shall continue for such period of time as will result in their being valid.

The restrictions, covenants, servitudes, limitation, on uses herein contained, shall constitute covenants running with the land for the mutual benefit of all the property within are herein above described, for the benefit of, and limitation upon, all future owners of said land and use thereof. All conveyances of real property within the above described real property, shall be subject to the restrictions herein provided, whether so expressly provided in the instrument of conveyance, or not.

In the event that any covenant, or condition, or restriction herein above declared or provided, or any portion thereof, be invalid or void for any reason, such fact in no way affect the validity and effect of the remaining covenants, conditions, restrictions, and limitations on use.

These covenants replace and void all previously dated issues of covenants for the Brazos Lodge Estates.

The annual, special, and penalty assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each lot against which each such assessments is made. These assessments and costs shall also be the personal obligation of the person, persons or entity who were owners of the lot when the assessment became due.

A. PURPOSE OF ASSESSMENTS. The assessments shall be used exclusively for the purpose of maintaining the integrity of the property, which is the subject of these covenants as well as the Association.

B. ANNUAL ASSESSMENTS. The Board of Directors will set the annual assessment amount for each calendar year.

The annual assessment will be due and payable in twelve equal monthly installments during the year on the assigned day of the month which shall be set by the Board of Directors.

The Board of Directors may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser or greater amount.

C. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized herein, the Association may levy a special assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction or re-construction, unexpected repair or replacement of described capital improvement upon the roads or other property commonly used by the owners provided that any such assessment shall be approved by members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

D. PENALTY ASSESSMENT. The Board of Directors shall have the authority to assess a penalty against a homeowner or lot owner for violation and/or infractions of these covenants in amounts deemed appropriate by the Board of Directors.

E. THE REMEDIES OF THE ASSOCIATION FOR NON-PAYMENT OF ASSESSMENT. If any installment of an assessment is not paid within thirty (30) days after it is due, then such assessment shall become delinquent and shall, together with interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of then owner, his heirs, devisee, personal representatives, and assigns. The personal obligation of then owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title until expressly assumed by them.

If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of twelve per cent (12%) per annum, and the Board of Directors may bring an action at Law against the owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs preparing and filing the Complaint in such action and, in the event a Judgment is obtained, such Judgment shall include interest on the assessment as above provided, a reasonable attorney's fee to be fixed by the Court, together with the costs of the action.