The

to

State
of

conform

of

law.

OF

pursuant
have

to
been

1988

Incorporation.

and
affixed

at the

City

the

of

Santa

State
to

Fe

the

Seal of said

certificate

caused

Chairman

the
this

Whereof,

of

Testimony

Commission

In

Mexico
signed

by

its

has

to be

Director.

Chairman

Commission

be

New

State

of

by

the
are

Corporation

of
and

duplicate
hereto,

in it
Certificate
original

it

of

that
attached

the
provisions
received
by

ASSOCIATION

Commission
certifies
of
Incorporation

1409085

INEXICO

INCORPORATION

LANDOWNERS'

OF

OF

CO

NEW

by
virtue
of the
authority
vested
Corporation
Commission
issues
this
attaches
hereto
a duplicate
and

to

SEPTEMBER 28,

Incorporation
Articles

Accordingly,
the
State

Dated:

of
the

law,

found

Act,

RANCH

Corporation
the
Articles

PEE

duly
signed
and
verified
NONPROFIT
Corporation

originals

TEE

CERTIFICATE

STATE
CO
R
P
ORA
TIO

of

purposes

The
of

for

TEE

II

PEE

I

roads

the

BOX 92

is

RANCH

Datil,

perpetual.

LANDANERS

jurisdiction

the

the

this

of

are:
Pee

To

Ranch

2

for
a subdivision

the

The

Last

the

this

may

be

exercise

to:
all

brought

of

the

fix,

the

(by gift,
operate,
dedicate

against

upon,

and

purchase
maintain,
public
for

property

of

to

terms

payment

the

(hereafter

by

of

use

or

the

or

sell,

otherwise

otherwise),

Association;

deal

with

hold,
lease,

to

all

real

improve,
sublease,

or

of the
levied
or

means,

Declaration;

lawful

in

and

Sub-

all
Restric-

Ranch

Declaration);

and

Pee

perform
set
forth

Association

business
charges

the

the

own,

any

of

called

to
as
Tee

Conditions

the

the
of
conduct
to the
taxes
or governmental

enforce

pursuant

incident
expenses
including
all

collect

assessments

levy,

or

acquire

transfex,

build

(c)

imposed

all
pay
Association,

charges

(b)

Plat

Covenants

the

and privileges
and
of the Association
of

with

powers

and obligations
duties
the
of
Plat
Restrictions
filed
the
division,
and
the Declaration
tions
filed
on said
Subdivision

(a)

purpose

hereafter

for

DEPT.

8 1988

New Mexico

adopts

provide

87821.

SEP

MEXICO

CORPORATION
the

ASSOCIATION,

1978),

under

INC.

NEW

office
is:
The
87821.
The
whose address
is

N.M.

Tee

organized

within

is

serving

and

IV

P.O.

NSA

corporation:

53-8-99

such

within

Association

ARTICLE

60,

III

Association

ARTICIE

the

ARTICLE

is

"Association".

Hiway

of

the

ARTICLE

to

for

a corporation

Association's
initial
registered
Hiway
60, P.O.
Box 92, Datil,
N.M.
registered
agent
is Noella
Bannister

which

the

Building,

(53-8-1

of

ASSOCIATION,

OF

COMMISSION

FILED IN OFFICE O F

STNTE CORPORATION

located
in Catron
County,
New Nexico
(hereafter
called
the Subdivision),
to
for
the cost
and maintenance
of a landfill
site
for
the use of
this
provide
Conditions
and
Covenants,
subaivision,
to
enforce
the
Declaration
the
in
Restrictions
of
the
Subdivision,
maintain
the Ranch House located
Subdivision,
safety,
and
to promote
the
health,
and
of the
residents
within
the subdivision
and any additions
thereto
as
welfare

maintenance

Frontier

Last

the

Act

OF

INCORPORATION

LANDOWERS"

OP

incorporator

S

Incorporation

as

PEE-RANCH

corporation

called

of

duration

address
of
The
Building,
Frontier
name of the initial

The period

the

of

hereafter

name

The

INC.,

Articles

following

acting

TEE

Corporation

undersigned

Nomprofit

The

1439085

participate

statute;

or

all

ranch

for

mergers

organized

in

the

incurred;

real

mortgage,

its

with
or

personal

pledge,

affairs

of

the

and

same purposes

consolidations

house;

the

with

in

in

trust,

as

security

Association;

manner

other

or

provided

nonprofit

and
maintain
waste disposal,

property

the
deed

the Subdivision,
and within
to be used for solid
site

debt

of

and

entection

V

shall

be a Member

of

the

Association.

the

directors

(3)

affairs
may

directors,

of

a lot

be

this

who

Noella

William

David

R.

Bannister

Stenz

Bannister

A.

NAME

P.O.

The

P.O.

The

P.O.

of

the

shall

VI

by

the

their

BOx

Last

Box

Last

73,

Datil,

Datil,

Datil,

by

the

a

N.M.

Building,

N.M.

Building,

N.M.

are:

to

in

Hiway

87821

Hiway

87821

Hiway

87821

act

of

the

60,

60,

60,

below

By-laws

Board

Association.
decreased

of

Building,

ADDRESS

Frontier

73,

Frontier

Box: 73,

the
be
are

successors

whom

number

of

managed

amendment

Frontier

persons

2

be

be members

Last

shall

The

increased

need

not

ARTICLE
Association

in no event
but
Association,
of
and addresses
names
The
selection
the
until
directors

of

Ine
three

shall
The

Owner of

Membership

Every

Datil,

Datil,

Datil,

capacity

of

N.M.

N.M.

N.M.

least

number
the
of
(3).
three

at

The

in the Subdivision
of
from ownership
be separated
to and may not
be appurtenant
voting
of
class
one
have (1)
shall
Association
any
Lot.
to one (1)
be entitled
and shall
be Owners
all
shall
The members
membership:
more
than
one
(1)
person
holds
an
owned. When
each Lot or Parcel
for
vote
they
as
be exercised
shall
such persons
all
any Lot or Parcel,
in
interest
cast
be
(1) vote
more than
shall
in no event
but
themselves
determine,
among
member
shall
have
such
other
rights,
Each
Parcel.
or
Lot
to any
respect
with
the
and
Articles,
in these
be set forth
as shall
and obligations
duties,
time.
to
time
from
amended
be
may
as
,
Association
the
of
Rules
the
and
Bylaws

ARTICLE

and privileges
rights
powers,
any and all
have and to exercise
(g)
Act
Corporation
Nor profit
the
under
organized
a corporation
which
or
have
hereafter
or
now
may
law
by
Mexico
New
of
State
the
the
of
exercise.
to
profit
or
gain
pecuniary
contemplate
not
does
Association
The
members.

by

corporations

maintain

(E)

and

d

roads to
a landfill

borrowed

maintain
operate

money

(e)

for

or

money,

any

property

borrow

hypothecate

(d)

personal

IN

laws

name

& My

41592

the

Expires:

Expires

made

VIII

vote

I

the

to

J . GOECKS

SEAL

I,

is

of

by

follows:

have

therein

hereunto

foregoing

before

Bannister,

1988,

purposes

the

R.

forming

set

the

in

Board

Articles

constituting

corporation

these

this

the

provided

60

of

as

of

of

the

under

the

NOTARY

to

seal.

same

Notary
the
acknowledges

be

official

he

PUBLIC

and

and

me

undersigned

my hand

to

that

person

Public,

Williom
R. Donnister
R. Bannister

contained.

instrument,

known

me,

William

1988.

executed

undersigned,

Hiway

Members

resolution

the

as

of
the

have

purpose

the

Mexico,

87821

day of- HUsIsT,

fuGisT:

PUBLIC
NOTARY
STATE
OF NEW
MEXICO

RONALD

OFFICIAL

панаморотом

be

N.M.

Association

Now

William
for

incorporator

for

Datil,

) ss.

WHEREOF,

same

subscribed

WITNESS

is

of

may

ARTICLE

two-thirds

WIL

R. Bannister
William
Building,
The Last Frontier
P.O. Box 73

the

13Ta

this

/Studay
of
appeared

Commission

IN

executed

this

of

of

Act.

by

Articles

WHEREOF,

State

NEW MEXICO

the

OF CATRON

OF

of

WITNESS

My Cormission

he

whose

On this
personally

COUNTY

STATE

incorporator
Incorporation

the

address

name

The

and

Corporation

Profit

adopted

Directors

Non

these

of

and

Anendnent

ARTON

1409085

the

2.
Covenants

by

of

uf

to

nor

more

address

3.

than

fifty

days

New

cone

INC.

COMMISSION

CORPORATION

shall

the

Special
a
by

to

in

the

Catron

of

meeting
majority

date

stated
at

such

and

times

for
as

in

shall

members
meeting,

be

of

determine

and

the

may

set

be

forth

dates

held

1

at

election
notice

the
and

the

the

of

the

the

Members
of
Board

meeting.

of

• of

and
date
to
at his
ten
than

be
may
Directors

of
2nd

the
so

the

such

of
the

called
or

in
to

as

of

by
executed
partnership.

County,

Declaration

Association.

Pee Ranch Landowners'

fails
of Directors
the Board
meeting
annual
the
the meeting,
on the
of the corporation
office

as

meetings

MEMBERS

III

before

Mexico,

refer

Subdivision,

the

Tee

and
County
of Catron
Clerk
a limited
of Tee Pee Ranch,

a

and

of

to

DEPT.

SEP 2 8 1988

O F NEW MEXICO

FILED I N OFFICE O F

CORPORATION

place,
the
stating
notice,
Written
business
the
of
nature
general
the
thereat
to vote
to each member entitled
less
not
of the corporation,
records

vote.

or

before

of Meetings.
Notice
the
meeting,
be given
shall
on the
appears
as it

entitled

Section

are

Meetings.
President

who

Special
the
by

the

Members

time
considered,

OF

business

Annual

MEETING

refer

directors

and

assigns.

mean

of
Ranch

ARTICLE

resolution,

properly

State

meeting.

the

may

Pee

shall

board

and

mean

In the event
of
and place
date
the
time,
principal
at the
be held
shall
in each year.
p.m.
2:00
of May at

Directors,

as

Tee

the

shall

County
the
with
Partner
General

of

II

"Association".

TRE PEE

DEFINITIONS

Annual
Meetings.
other
such
for

and

or

is

the

ARTICER

as

successors

to

means

its

"Declaration"

"Board"

as filed
Bannister,

within

2.
Section
time
any
at

Sunday

determine
members

notice

directors
meeting,
places,
of
Board

Section 1.

New Mexico,
R.
William

Restrictive

Section 3.

Section

Inc.,

"Association"

Directors.

LOCATION

ASSOCIATION,

STATE

INC.,
ASSOCIATION,
RANCH LANDOWNERS'
the
of
office
The principal
92,
Box
P.O.
Building,
Frontier
at The Last
be located
such
at
may be held
and directors
of hembers
but meetings
of
Board
by the
as may be designated
of New Mexico
State

AND

I

LANDOWNERS

ARTICLE

RANT

NAME

corporation

section
Association, 1.

referred

shall
87821
the

of

PEE

corporation
N.N.
Datil,
within
places

name

hereinafter

The

TEN

BY-LAWS

the

is

shall

qualify.

by

be

the

shall

of

the

be

to

By-laws
affirmative

elected

be

IV

his

revocable

at

the

(1/2)

subsequent

by

serve

the

meeting

adjourned

of

until

his

shall

successor

shall
be
meeting

and

cease

at

in
the

given

elected

majority
members
and
purpose,

be

the
of
the
at
by like

and

fewer
than
three.
mambers
and
each

shall

no
of

automatically

be

quorum

to cast.
required
guarum

may vote
with

not

meeting.

need

reguired

of a
vote
the affirmative
of the
a majority
of
vote

of
at

directors
the
annual

tot.

DIRECTORS

ARTICLE

Member

proxy

the

one-half

announced

of

each
Member
all
meetings
of
Membera,
proxies
shall
be in writing
and filed

are

The
number
Number.
be elected
shall

by

Every

At
All

Proxies.
proxy•

by

shall

Notice

entitled
proxies
or of
members
the
If
a quorum.
constitute
required
and the
may be called

shall

5.

may

of

such

than

vacancy,

be

a quorum

shall

the

and

qualify.

or

directors

removal

time

effect

dully

and

by

the

the
hold

the

not

office

vote,

the

office

2

meeting.

chosen.

to

time

receipt

Board

shall

its

vacant,

at

a majority

If

of

of

Directors

the

may

or

if

his

the

any

be

and

without

until

permitted
taken

or

term

to

to

a

be

his

though

person

be

In

ox

or
other
writing,
time

be
his

their

a cormittee
office,

of

with

of

any

and

successor

effective.
qualified

in

member

no

in

office

may

for

votes.

until

Board,

hold

elected

secretary.

it

and

make

required

unexpired

appoint

directors

director

Any action

for

may

any

to

therein,
president

necessary

the

remaining

of

be

by

specified

of

serve

the

performance

of a committee
shall
be made

shall

majority

from

the

director

to

are
compensation

a director,

and

of

a

in

Any

meeting

successors

that

such

receive

for

be removed

holding

incurred

shall

their

at

Association.

until

called

chosen

may

Members

remaining

resignation

of

the

expenses

to

director

be

and

muy

meeting

Any director

by the

vote

without
S
ec t i on 2 • any Action
meeting
of
taken

successor

fill

less

election

actual

a resignation

the

resign
take

at

special

member
. Any director,
Resignations.
Such resignation
at
any
time.

elected

selected
are

a

death,

by

his

Removal.
of

a

directors

annual

at

No
Compensation.
render
as such

may

next

or

Section
6.officerVacancies.
other
becomes
or

acceptance

specified,

and

Section
officer

be

event

successors

shall

the

Sect
ion 4.
cause,
without

duties.

reimbursed

3.

the

additional

meeting

the

Section
service

until
qualify.

annual

directors,

e increased by
yab
seciton 2: tease in numbe.r The number of directors m

shall

director

1.
Section
directors
The

Secretary.
upon transfer

or

hour

meeting.
and
date

meeting

of
presence
shall
votes
meeting
present-another

The
Quorum.
of all
(508)

not

subsequent

the
preceding
place,
if the

at

guarun

4.
Sectionpercent
fifty

action
a written
went
such written
consou
is
thereto
is
signed
by
filed
with
the
minutes
all
of

exercise

Board

employ

delegated

of
Directors

this

the

a manager,

to

for

all

necessary,

independent

deems

an

Association;

Association

to

and

contractor,

povers,

to

or

prescribe

duties

such

and

other

their

authority

employees

duties.

vested

as

in

enforce
overdue.

is

as

the

written

amount

lien

AND

ARTICLE

•

THEIR

V

lot
which

DUTTES

for

to

of

the

a

assessment

the

Board

may

from

time

to

time

by

create.

and

such

not

Association

is

meeting

shall

to

other

paid

and

of

and

the

Term.
resign,

3.

sooner

Members.

or
shall

be

removed,

The election

or

officers

otherwise

of

any

take

disqualified

shall

to

place

acceptance

the

effective.

later

shall

time

written

any

resignation

giving
of

such

take

specified,

notice

3

on

the

Board,

therein,

the

resignation

effect

to

shall

and

date

Any
the

of

not

unless

be

notice
to

specified

such

resign
at
or
secretary.

necessary

of

may

otherwise

receipt

officer
president

therein,
make

time
Such

section Routation by he Board. ry officer may resigned any fine

shall
serve.

Section

of

.

se on first netion offers of election to ring eshan tal meeing

officers

be

annual

Association,

member.

this

at

resolution

the

every

Members

and
employees
performed;

the

assessment

any

each

assessment.

against

of

the

thereof

agents
properly

OFFICERS

notice

of

all
officers,
duties
are

a statement

of Officers.
The officers
of this
1: Enumeration
section
President,
Vice-President,
Secretary,
and Treasurer,

e.

send

d.

the

fix

supervise
that
their

to
present
Members;

c.

see

a.
and
the

Section
Duties
B
oard of firecto
rs to:of t h e Boar of Directors. It shall b e t h e duty of the
cause to be kept a complete record of all its acts and corporate affairs

the

or

Section
B. Powers
of the Bourd of Directors. The Board of Directors shall
have
the power
to:

meeting,
if
prior
to such
members
of the Board,
and
proceedings
of
the Board.

Section

any

8.

of

his

of

secretary
proceedings

such

by

the

the

These

the

Board

shall
of

shall

is

not

which

is
a lien

Secretary
and

of

the

Members;

receive

and

deposit

Treasurer

are

may

be

not

days

when

4

action

AMENDMENTS

by

appropriate

appropriate

due

of

shall

the

after

the

the

be

Board

of

due

delinquent.

a

late

case

the

is
Any
the

by
and

all

charge

of

In

delinquent
made.
is
If

Directors.

date,

accounts

directed
as
account;
of
Board.

bank

when
which
assessment

funds
such
disburse
books
proper
keep
by the
be required

and

records
current

addresses,
Board.

the
and

" oi

meetings

notice

all

such

all
of

amount
the
to
;and added
imposed
provide.
law will
than
not greater

(30)

be

paid

ARTICLE VII

shall
interest

within

amended

paid

keep

keep the minutes
Association;

in

sign

b

on

the

shall

may

than

in
of the president
and stead
exercise
and shall
to act,
Board.
by the

perform

shall

Directors;

and

of

out;

more

for

appointment

serve

by

treasurer

hold

and

followe:

Board

as

carried

the

are

instruments

are

of

to pay assessments,
which
Lot against

ASSESSMENIS

ARTICLE VI

secretary

shall

filled

their
with
together
by the
be required

and
votes
the
record
and of the
the Board

obligated
upon the

Board
the
with
along

By-Laws

by
fixed
assessment,

Member
Each
by
secured
assessments
assessment

Board.

written

and shall
Association
the
of
monies
of Directors;
of the Board
resolution
as may
duties
such other
perform
shall

treasurer

officers

Board

be

vacancy

may

simultaneously

of

replaces.

such

office

to

meetings

other

of

all

Vice-President

required

and

at

Association
of the
the Members
showing
as may
duties
other
such
perform
shall

meetings

The
and

of

may be

deeds

the

shall

he

oftices

President

of

The

o person

officer

duties

the

resolutions

preside

The

offices.

of

any

in the place
act
shall
or refusal
inability
absence,
as may be reguired
duties
other

as

vice-president

perform

event

The

other

orders

mortgages,

duties

that

leases,

see

and

shall

Duties.

other

term

Offices.
Multiple
same
person.

the

in

appointed

A vacancy

The officer

Vacancies.

the

The president

Section

of

held

1.
Section
by the

the soard.
by
of
remainder

end

R.

id
Da
David

Inc..

date

December

the

President

on

of

Association

Bonnistes

day

FISCAL

Secretary-Treasurer

ll

R.

Bannister,

the

begin

198.

Association,

shall

31st

of

the

the

Articles

AATICLE

year

I

By-Laws,

these

and

a
A. Stenz,

William

of August:

William

on

year

fiscal

Landowners

fiscal

and

'he

Declaration

the

between

5

of

of

shall

begin
every

on
year,

R.

day

Director

of

Noella

the

CORPORATION

SED

28

BEGETA
ORCA

1980

day

vanuary

R. Bannister

leror
Bannister,

first

By-Lawe,

1,

except that the cirst -

these

Halla Bannister,Bamale
Director

William

and

control:

the

Willian

Dant

incorporation.

YEAR

VIII

shall

Incorporation

Declaration

of

Articles shall control: and in the case o f any conflict between

conflict

Article

1.

records

of

shall

the

3.

Article

shall

valid

Article

By-Laws

after
Article

eleven

III

months

III

entitled

III

the

5
Section

from

cast

4
to

: Section

:

the

as

date

ten

be issued
the
Annual

newsletter.

shall
date
of

winter

of

address

time

3

of

the

its

percent

of

SEP

and

the

(108)

E IV

31.

SEP 3.01998

AL.M.

E

E

1)0

Page

one

of

no

on
than

event

pets

DEPARTMEN!

B00

OISE

3 0

meeting
appears

not
less
meeting.

In

it

Annual

MIN
CORPORA

PRORATION

of

weapons,

Board

action

Tandowners'

by
By-Laws,

alcohol,

the

Section

to

Association

the

and

at

Ranch

amended

Pee

CSTATE

Articles
of
Incorporation
Article
V
Reference
NS
53-8-15
Reference
the
of
be a Member
shall
Subdivision
the
in
a lot
of
owner
Every
or
lot
each
for
vote
to one
be entitled
shall
The member
Association.
parcel
owned.
In no event
shall
more
than
one vote
be cast
with
respect
to any
lot
or
parcel.
In
no event
shall
any requirement
other
than
of
a lot
or parcel
be imposed
upon
any
landowner
in
order
to
anership
or
impere
the
member's
right
to vote.
restrict

Reference

be

NMS

Reference

a quorum.

53-8-15

By-Laws

Reference

4.

constitute

shall

Section 5.

No proxy
execution.

By-Laws

the

Reference
NMS 53-8-16
of members
or of proxies

Reference

votes

presence

all

Section

of

The

Section

in

date,

member

III:

III

be

1409082

ASSOCIATION

BY-LAWS

and security,
members.

ratified.

notification
before
the

each

place,

Article

Article

53-8-14

to

the

Association

sent

NMS

By-Laws

By-Laws

Tee

may
necessary

the

TO

Landowners'

hereby

OF MEMBERS

is issuei,
fifty
days

be

stating

Reference

notice,

members

Ranch

amendments

are

of

By-Laws

welfare
communal
at any meetings
of

Reference

of

MEETING

Reference

:

certain

By-Laws

"These

the

AMENDMENTS

PRE RANCH LANDOWNERS!

" •and
Tee Pee

of

TEE

amendments

winter
newsletter
nor
more
than
ten

the

of

written

Section 2.

the cause
prohibited

Section

For
are

ONE

following

deems

ARTICLE

the

Directors

7

proposes:

of Directors.
Board
WHEREAS the 98-99

Association

WHEREAS

3170289

two

O

two

BY-LAWS

By-laws
Article
NMS 53-8-23
B

D

IV

IV

fewer
:

:

Section

five.

Section

than
4

1

of

Ranch

29th

Pee

Association,

Director

At-

Large

aved
Zittel,ZettaOfficer
David

At-Large

0
CORP.

3

COMM.

1998

EIVE
CEFFORATION DEPT.

SEP

At-Large

Ple Officer
UnaValenzuela,
Cindy

Medina,

Medina

Mirias

Mifiah

Rame

set

and Officers
hereunto

Director

1

have

Directors
Inc.,

Ben Ramer,
Vice-President

the

status

Tem
Terry Kawcak, Director

of

8

membership

Section

Treasurer

day of AuGUST,1998.

Landowners

:

Secretary

Orman
President

this

Tee

all

may grant
ex-officio
the corporation.

IN WITNESS WHEREOF we, being

The Board
of Directors
one or more officers

IV

our

of

to

hands

the

any

may be removed
with
or without
cause
by a vote
of two-thirds
A director
voting
at a regular
or special
meeting.
The director
of the directors
shall
have
an opportunity
to be heard
at said
meeting.
be removed
in the event
of removal
of a director
shall
be filled
by
A vacancy
as the
time
such
until
members
Board
of the remaining
appointment
shall
be duly
elected.
successor

Article

Section 3. Reference
Reference

be no

Article

By-Laws

shall

NMS 53-8-18

DIRECTORS

Section 2. Reference
Reference

:

two

20

By-Laws

IWO

of

1. ofReference
Section
directors
The rumber

ARTICLE

Page

AMENDMENTS

-

to

BOOK-

PACE
DELARATION OFCOVENANTS CONDITIONS AND RESTRICTIONS

FOR

TEE PEE RANCH SUBDIVISION

,
i
p
h
s
e
d
n
a
p
e
t
i
m
a
t
s
e
r
d
n
e
dite
t,
r
e
v
o
C
f
O
R
T
O
U
A
B
O
E
D
i
S
t
h
hereathe catereoper
WHEREAS,
property
situated

Developer

is

in Catron

County,

filed

with

owner

of

the

following

described

real

New Mexico:

Subdivision
known as TEE PEE
shown on that certain plat thereof

certain
RANCH, and

the County

o n the

Mexico,

the

Clerk

16th

of

Catron

day of August,

County

1988, as

. A-272.

Slide

to
subject
will convey the said properties,
WHEREAS, the Developer
liens
,
reservations
restrictions,
conditions,
covenants,
certain protective.
set forth,
and charges hereinafter

THEREFORE, Developer

NOW,
described
covenants,

above shall

resevations

(hereinafter

sold

be held,
charges,

herein

described

collectively

declares

that

all

of

and conveyed subject
restrictions,
sometimes

called

the

to

properties

the
following
easements

"restrictions"),

and protecting
the
the purpose of enhancing
a n d all of which
of the said real property,
a n d attractiveness
of
the properties
b e for the benefit
of
to

desirability,

and
These

and assigns.
be binding o n all
benefit

hereby

of

the

owners

thereof,

restrictions

their

shall

run

heirs,

with

the

successors,
real

grantees

property

title
a n y right,
parties having or acquiring
shall
and
properties,
or a n y part thereof,

and

shall

or interest
inure to

each owner thereof.

ARTICLE I
DEFINITIONS

amended fronit
meot car.

"Declaration"

Section

the subdivison

whether

"Lot"

2.

plat

shall

shall

mean

this

mean and

refer

to

Section 4 .

of

document

any numbered

plat

which

may be

recorded

on

of the Property.

Section 3. "Owner" shall
entities

entire

equitable

"Property"

or

mean and refer
legal

shall

mean

to

the

recorded

Owner (s),

property,

including

title.
and refer

to all

roads and any common areas a s shown in t h e Subdivision

Plat;

1

2/b

-211

PAGE

BOOR-

ARTICLE II
ASSOCIATION
Corporation
Not For Profit
a New Mexico
Association,
Inc.",
(hereafter
Landowners'
with
the
powers
he duties and invested
with

establish

shall

Developer

The

charged
"Association")
prescribed b y law and set forth
for

or

the

Association,

and

this

Declaration.

Section 1.

ESTABLISHMENT OF THE ASSOCIATION.

himself

itself,

by

acguiring

any

or

ownership

interest

in

Lot,

successors,

representatives,

personal
of

be members

to

assigns

B y acceptance of a deed,
each person or

representatives,

his heirs,

binds himself,
and

any

personal

his heirs,

and assigns
transferees
transferees
successors,
automatically.

the Bylaws

of Incorporation,

in the Articles

of

Owner

y

Ever
SHIP AND VOTING RIGHTS.
•Sectionof 2.the MEMBER
Membership shall b e appurtenant
be a member
Association.

have (1) one class

shall

The Association

(a)

shall

to a n d may

of a n y Lot.

from ownership

not b e separated

a Lot

of voting

membership:

be
The members shall all b e Owners and shall
owned.
lot
each
for
vote
(1)
one
to
entitled
n interest
When more than one (1) person holds a exercised
such

'all

Lot,

any

in

be

shall

persons

but in n o
they among themselves determine,
cast with
e
b
vote
(1)
one
than
more
event shall
to any Lot.

respect

have such other

Each member shall

(b)

set

be

as shall

Articles

the

in

forth

duties

rights,

and obligations
and

the

ent f e e levied

by

the

Incorporation,

of

Bylaws

as they may b e amended from time to time.

Rules of the Association,

ENT FEE. The assessm
Section 3 . PURPOSE OF ASSESSM
to promote the health,
exclusively
shall

the Association

the

of

welfare

owners
the

maintain

to

is

b e used

•for the maintenance

of

the

roads

The initial

lots.
shown

of the

Landfill

and every

year

and
safety,
purpose of the Assessment

on

the

'Tee

Ranch

Pee

and

Plat,

provide

and Ranch House.

Section 4 .

DATES.

The first

January

31,

1989,

Section 5.
ASSOCIATION.

shall

b e a lien,

thereafter.

EFFECT OF NONPAYMENT OF ASSESSMENT FEE:

30 days after
assessment fee not paid within
assessed.
lot
the
upon
e,
losur
forec
to
ct
subje

UNIFORM RATE OF ASSESSMENT FEE:
SectionFee5. shall
be at the
same rate
for
all
lots,

assessment
owned

by

the

REMEDIES OF THE

developer.

The

developer

shall

of the normal assessment fee paid b y other

2

pay

on

these

the

due

date
•The

except
lots

owners of the lots.

for
the
one-fith

(1/5)

of

the

ARTICLE III

Use Restrictions
1.

Section

b e left

vegetation,

shall

necessary.

The natural

Natural

undisturbed,

exce pt for

N o logging
for its intended purpose.
such clearing necesary to u s e the lot
to
except
lots
operations are to b e conducted o n any
cutting
be
tree
must
of the land
where

trees

preserved

beauty

and maintained.

equipment of any

or Jun k mechanical

N o junk vehicles

Section 2 .

be deposited i n

A n y trash or junk shall

.
kind a r e permitted on t h e propertyb e kept in a clean and tidy
l
shal
Lots
containers.
sanitary
tarpaper
are to

homes,

condition.
hanes, or buildings

mobile
unkept trailers,
shacks, or dilapidated
trailers,
mobile
• All
erty.
prop
the
n
o
d
or place
b e constructed
p.
anshi
workm
and
y
qualit
al
are to b e of a profession
and
buildings
No building

Section 3be.

a n y lot shall
the
to
feet
lot line.

side

may b e conducted

ventures

Section
must

in

shall

Section
in height.

6 . All

become a nuis anc e to

15 feet

or offensive

noisy

from

the

back

business

or

commercial

o n a n y of the lots.

Livestock
enclosures.
b e confined in suitable
bird,
fowl,
poultry,
No animal, horse,
conditions.

sanitary

livestock

than

or mobile home
nor nearer than 1 5

tent,
line,

shall

5. Animals

kept

be

to the street

nearer

'nor

line,

N o obnoxious,

4.

Section

than 4 0 feet

nearer
lot

trailer,

structure,

be allowed

to make an unreasonable

structures,

except antennas shall

amount of

to

or

noise,

neighboring properties.
not be mor e than 30 feet

division shall b e resubdivided
7. None of the lots in the Sub
of
Section
dimension
less than the full original
in
smaller lots nor conveyed in pt for public or private
es,
utiliti
exce
as a
such lot a s shown b y the plat,
be treated
shall
the

lot

for

remaining

the purpose of this

said

of

portion

lot

provision.

single-family
than one detached
No lot shall have more
8.
barn, o r
Section
ge,
gara
a
s
a
such
tures
together with other detached struc
nt by a
dwelling;
yme
enjo
and
use
e
h
t
for

storage

shed,

family

unit;

which structures

a r e appropriate

and two guest houses.

must blend
or structures
buildings
the lot.
e
insid
en
or b e well hidd

Hom es a n d other
Section 9 . tatio
and terrain
n

the natural

vega

in

with

of

the

ARTICLE I V
GENERAL PROVISIONS

Section 1 .

Association

restrictions;

shall

INTERPRETATION OF RESTRICTIONS.

have the exclusive

and their

right

decision shall b e final,
3

The Board Members

to construe

and interpret

these

conclusive and binding upon

persons and t h e Property.

• all

jurisdiction 2that any provision in this instrument in
shall

unenforceable

not

the validity

affect

of this

provisions

b y a n y court

Any determination

SEVERABILITY.

force

and effect.

set

Seicotn 2 seciton 5hereof, the failure to
WAIVER

forth

any of

the

provisions

of

this

enforce

instrument

shall

full

remain in

specifically

otherwise

Except as

OR ABANDONMENT.

or
the

of

enforceability

or

and the same shall

instrument

of competent

any

breach

not

constitute

or

of
or any
e such provision
an abandonment. or waiver of a n y right to enforc
other
the
of
y
n
a
of
or
of such provision
subsequent breach or violation
herein set forth.
Restrictions
violation

Section

4.

ENFORCEMENT.
with

which

shall

run

relief

is

sought.

the

Thes e Covenants, Conditions,

Property

and be a burden

on the

and Restrictions
property

are

and shall
of the property owners,
and protection
the exclusive benefit
Association.
the
of
the Board Members
enforceable
by
majority
vote of
forth
set
n
herei
ns
any one or more of the Restrictio
Violation
and/or danages
ed by a n y court of competent jurisdiction
enforc
or
ted
restric
be
shall
herein
nothing
awarded
for
any
violation.
ble
equita
where
y
meaning that damages are a n adequate remed
construed

and Restrictions

Conditions,
The Covenants,
Section 5 . AMENDMENT•with
and bind the land, for a term of twenty

of
(20)

shall run
this Declaration
after
which
time
they
is recorded,
this Declaration
date
the
from
years
) years.
(10
ten
of
s
period
ssive
succe
for
y
b e extended automaticall
shall
to time b y recording in the Office
This Declaration may be. amended from time
instrument
New Mexico,
ty,
Recorder of Catron Coun
properly
s
(with
signature
d
signe
and
t
dmen
said Amen
reciting,
writing
iation.
acknowledged)

by seventy-five

(758)

of

the

the members of

Assoc

An Agreement
ge,
amendment shall b e valid with respect to a mortga
Beneficiary
or
gee
Mortga
the
unless
lot
such
y
n
a
of
trust deed
to such amendment.
consented in writing

for
has

of

the

the

undersigned

18th day of August_,

1988.

IN

WITNESS WHEREOF,

has

executed

this

instrument

as

2/4

Attested:

TEE PDE RANCH, a Limited

Partnership

by Bannister Properties,

Inc.,

General

Naula Benneter

Partner.

William

Noella Bannister, Secretary

William

B . Bannister

R. Bannister,

President

STATE OF NEW MEXICO)
55.

COUNTY OF CATRON

The

)

foregoing

PROPERTIES,

instrument

was acknowledged

by WILLIAM R.

INC.,

general

partner

OlDebattaliasaid corporation,
OFFICIAL SEAL

RONALD J. GOECKS
NOTARY
STATE

My Commission

OF

PUBLIC
NEW

before

BANNISTER,

me this

1 8TH day of

President o f BANNISTER

for Tee/Pee Ranch, a Limited

Dartnership,

L

Notary Public

MEXICO

Expires

M y Cormission Expires:

715-92

STA
TE F
ON
E
W MEXICO, LES
CATRO
N COUNTY,
_day o f

Anasan

lsnin
County Clerl

Deputy

む

ん

♪

77

BOOK.

- PAGE 002
DECLARATION

OF

COVENANTS,

CONDITIONS

AND

RESTRICTIONS

FOR

This

thig

nade

DECLARATION

of

Covenants,

day

March

by

7th

hereafter

of

called

AND III

II

PHASES

SUBDIVISION,

RANCH

TEE PEE

Pee

Ranch,

a

is

Restrictions

and

Conditions

Tee

limited

partnership

"Developer".

WITNESSETH:
situated

property

real

A certain

Subdivision

of
Catron
1990
as

County,
slides:

New
B-028,

WHERAS,

the

and

easements
called

cing
the

covenants,

on

binding
interest

inure

all
in

to

parties
the

the

21st

day

of

and

B-031.

having

described

benefit

or

each

the
subject

of
all
conveyed

that
and

liens,

restrictions,
sometimes

purpose

of

enhan-

altractiveness
and
declared
hereby

are

any
or

any

right,

title

part

thereof,

of
be

to

and
herein
desoribed
and assigns.
grantees
and shall
property
real

acquiring

owner

subject
llens,

propertles,

said

collectively
are
for
the

properties,

of

Clerk

February,

forth.

desirability,
which
of

value,
all
and

shown

County

charges,

conditions,

all

the

and

the

restrictions,

set

of the properties
of all
successors,
heirs,
their
the
with
run
shall

benefit
for the
thereof,
owners
These restrictions

Ranch,

conditions,

(hereinafter
of
which

described

with

declares
hereby
Developer
sold
be held,
shall
above

prolecting
property,,
real

and
said

the

convey

hereinafter

reservations
and
restrictions"),

"

the

following
Mexico:

Pee

B-030,

covenants,

following

Tee

on

will

charges

NOW, therefore,
deseribed
propertles
the

New

flled

Mexico,
B-029,

Developer

protective

as

thereof

plats

the

of

County,

known

certain

certain

to

Catron

on those

reservations

to

in

owner

the

is

Developer

The

WHERAS,

the
be

or
and

shall

thereof.

ARTICLE

I

DEFINITIONS
entire

this
mean
shall
1.
"Deçlaration"
time.
to
time
from
be amended
may
"Lot"
shall
mean
and
refer
to
2.
Section
recorded
on the
subdivision
plat
of
the
Property.

Section

document

which

Section
Owner

(s)

entitles

roads

shall
of

and

any

mean

common

and

equitable

shall

"Property"

4.

Section
including

"Owner"

3.

whether

refer
or

mean

areas

a

any
to

legal

numbered
the

plat

recorded

title.

refer

to

all

property,

shown

in

the

Subdivision

- 1-

77602

Plat.

603

77

BOOK.

ARTICLE II

. PAGE

ASSOCTATION

"Association")

Ranch
charged

prescribed

by law and set forth

Pee

for

the

Association,

and

this

Inc.",

Association,

Landowners'
with

Corporation

Profit

Not For

a N e w Mexico

establish

shall

Developer

The

(hereafter

the Bylaws

of Incorporation,

in the Articles
Declaration.
OF THE

Section 1. ESTABLISHMENT

or

by acquiring

any ownership

for

himself

or

itself,

transferees

and

assigns

successors,

transferees

ASSOCIATION.

interest
himself,

and

assigns

acceptance

of

each person

or

representatives,

personal
binds

By

in any lot,
his

heirs,

to

be

deed,

entity

successors,

representatives,

personal

members

a

of

the

Association

automatically.

Section 2 .

be a member of
not

be

the

separated
The

(a)

from

ownership

Association

shall

The

members

to

entitled
When

of

any

have

(1)

one

all

be

Owners

one

(l)

vote

for

more

than

all

one

(1)

themselves

among

shall

more

respect

to

any lot.
shall

appurtenant

class

of

voting

and

shall

of

Rules

the

Section

Association,

3.

as

to

shall
and

may

an

interest

be

exercised

determine,

but

one

(1)

have

such

other

may be

be

holds

than

they

a Lot

membership:

shall
vote

be

riants.

amended

PURPOSE OF ASSESSMENT FEE.

in

cast

shali be set forth in the Articles of Incorporatio
Ch member

of

each

person

such persons

event

be

Lot.

shall

in any Lot,

Owner

Every

MAssociation.
EMBERSHIP AND VOTIN
G RIGHTS
.
Membership
shall

fram

no

with

and

duties

obligatio

the Bylaws
time

to

and

the

time.

The assessment fee levied

by

the Association
shall
be used exclusively
to promote the health,
safety,
and
The initial
purpose of the Assessment
welfare
of the owners of the lots.
fee is to maintain
the roads shown on the Ice Pee Ranch Plat,
and provide

for the maintenance

of the Landfill

and Ranch House.

ine tratan cant pamenton al lots allebde

Section 4 .

DATES.

January 31, 1989, a n d every year thercafter.
ASSOCIATION.

shall

be aLien,

subject

Section 6.
fce

assessment
Owned by
of

the

the

normal

to foreclosure,

upon the lot

assessed.

UNIFORM RATE OF ASSESSMONT FDE; DEVELOPER EXCEPTION.
shall

developer.
assessment

be at the same rate for all
lots,
except for the
The developer
shall
pay on these lots one-fith
fee

paid

by

other

owners

of

the

lots.

2

27603

(1/S)

of

77

JOK -

_PAGE 604

ARTICLE III

Use Restriction:
Section

such
or

1.

tree

Natural

cutting

operations

thin the
preserved

to

are

on

containers.
shacks, or

sanitary
tarpaper

be

the

property.

Lots

shall

be

or

on

lots

Any
be kept
on

the

equipment of any

tent,

in

be deposited
condition.

or mobile

home

on

fram

the

back

business

or

cammercial

15 feet

than

nearer

be

must

mobile hames, or buildings
mobile
All trailers,
and workmanship.
quality

property.

structure,
nor

for
except
No logging
except
to

the land

trash or junk shall
in a clean and tidy

unkept trailers,

line,

lot

any

beauty of

are to be of a professional

side

purpose.

or junk mechanical

placed

No building
the

conducted

The natural

dilapidated

constructed

hames, and buildings

lot

to

No junk vehicles

ion 2.
Sect
are
permitted

kind

are

trees where necessary.
a n d maintained.

undisturbed,

intended

its

for

lot

the

use

be left

shall

vegetation,

to

necesary

clearing

line.

obnoxious,
No
Section
may be conducted
on any
ventures

Section
must

be kept

or

livestock

5. Animals

Section

in suitable

b e confined

shall

Livestock

enclosures.

bird,
fowl,
poultry,
horse,
No animal,
in sanitary
conditions.
or to.
amount of noise,
to make an unreasonable
be allowed
shall

a nuisance

became

or offensive
lots.

noisy
of the

to
All

6.

neighboring

properties.
except

structures,

shall

antennas

not

be more

shall

be

30 feet

than

in height.

of the lots
in the Subdivision
. Nonenor conveyed
ct l on 2lots
Sesmaller
in less than the full
which

lot

the remaining

event,

for

the purpose

Section 8 .

dwelling:
storage

together
shed, which

family

unit;

of

portion

public

shall

of said lot

resubdivided

dimension
utilities,

of
in

as a

whole

be treated

provision.

No lot
shall
have more
than
one detached
single-family
barn, or
with other
detached structures
such as a garage,
structures
are appropriate
for the use and enjoyment
by a

and two guest houses.

Section 2. Homes

the natural

this

for

except

as shown by the plat,

such lot

original
or private

vegatation

and other buildings
or structures
must blend
and terrain
or be well hidden inside the lot.

in

with

ARTICLE IV

GENPRAL, PROVISIONS

Section.

Association

restrictions:

INTERPREFATION

Shall

have

and their

the

OF RESTRICTIONS.

exclusive

decision

right

shall

to

be final,

The

construe

Board
and

conclusive

Members

of

interpret

the
these

and binding

•

upon

3

:
77-00%

605
-

•all

persons

and

the

PAUCE

Property.

Any

SWVFIAMII.ITY.

determination

by

any

court

of

competent

jurisdiction

the

shall

unenforceable

provisions

of

this

validity

instrument

or

and

the

enforceability
same

shall

romain

in

full

socion. sction hercot the failure enforce any breach or
WAIVER OR ABANDONMENT. Except as

of

violation

any

of

the

provisions

or
waiver of
an abandonment
subseguent
breach
or violation
Restrictions
herein
set forth.

of

this

otherwise

instrument

any right
to enforce
of such provision

shall

such
or of

specifically

not

constitute

provision
any of
the

or
any
other

These Covenants,
Conditions,
and Restrictions
4. ENFORCMENT.
shall
run with the Property
and be a burden on the property
are
for
exclusive
benefit.
and protection
of the property
owners,
and: shall
be
enforceable
by majority
vote
of the Board Mambers of
the
Association.
one or more of the Restrictions
herein
set forth
may
be
any
or enforced
by any court
of competent
jurisdiction
and/or
damages
restricted
be
awarded
for
any violation.
herein
shall
nothing
as meaning that damages are an adequate remedy where
equitable
construed
Section

which

Section
this

of

AMENDMENT. The Covenants,

Conditions,

shall

land,

run

with

and bind

the

for

and Restrictions
a torm

of twenty

of
(20)

from
the date this Declaration
is recorded, after
which time they
be extended autamatically
for successive periods of ten (10)
years.

years
shall
This

5.

Declaration

Declaration
the

may be amended from

County

Recorder

of

Catron

time

to

County,

time

by recording

New Mexico,

writing
reciting,
(with
Amendment and signed
by seventy-five
(758) of the mambers of
acknowledged)
such
Sale,

amendment
or
trust

consented

shall

be

valid

respect

deed of any such lot unless
in writing
to such amendment.

N WITNESS WHERDOF, the

th

with

day

of

Marcb

undersigned
•

to

the

a mortgage.

the Mortgagee

has executed

this

in

the Office

instrument
in
an
properly
signatures
Association.
An Agreement

for

or Beneficiary

has

instrument

th

as of

1990

77-605