THIS DECLARATION is made on the date hereinafter set forth by Interwest Development, Inc., an Idaho Corporation, hereinafter referred to as "Declarant."

Recitals: Declarant is the owner of the following real property in Ada County, State of Idaho, hereinafter sometimes referred to as the "Property."

All of the land within the boundaries of Pepper Hills Subdivision No 4, according to the plat thereof recorded in Book 73 of Plats at pages 7486 and 7487, records of Ada County, State of Idaho.

ARTICLE I. DECLARATION

ARTICLE II. DEFINITIONS

2.1

Annexed Property

2.2

Association

2.3

Association Property

2.4

Common Area

2.5

Common Facilities

2.6

Declarant

2.7

Declaration

2.8

Exempt Property

2.9

Lot

2.10

Member

2.11

Owner

2.12

Project

2.13

Property

ARTICLE III. HOMEOWNERS ASSOCIATION

3.1

Formation

3.2

Responsibilities

ARTICLE IV. PROPERTY RIGHTS

4.1

Rules and Regulations

4.2

Improvements

4.3

Enforcement

4.4

Suspension

4.5

Easements

4.6

Dedication

4.7

Delegation

ARTICLE V. RIGHTS RESERVED BY DECLARANT

ARTICLE VI. MAINTENANCE

6.1

Common Area and Common Facilities

6.2

Private Property

ARTICLE VII. USE AND BUILDING RESTRICTIONS

7.1

Building Restrictions

7.2

Minimum Building Size

7.3

Maximum Building Height

7.4

Building Location

7.5

Building Site; Subdivision

7.6

Minimum Building Requirements

7.7

Fences; Hedges

7.8

Construction

7.9

Mining and Drilling

7.10

Animals

7.11

Landscaping

7.12

Unsightly Structures, Property or Practices

7.13

Material Storage

7.14

Noxious Use of Property

7.15

Condition and Repair

7.16

Vehicle and Equipment Parking

7.17

Control of Exterior Appearance, Walls, Etc.

7.18

Exterior Antennas, Etc

7.19

Signage

7.20

Exterior Light

7.21

Mail Boxes

7.22

Sewage Disposal

ARTICLE VIII. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS

8.1

Membership

8.2

Classes of Voting Members

ARTICLE IX. COVENANT FOR MAINTENANCE ASSESSMENTS; LIENS AND ENFORCEMENT

9.1

Creation of the Lien and Personal Obligation of Assessments

9.2

Regular of Annual Assessments

9.3

Special Assessments

9.4

Limited Assessments

9.5

Assessment Period

9.6

Uniform Rate of Assessment

9.7

Notice and Assessment Due Date

9.8

Estoppel Certificate

9.9

Special Notice and Quorum Requirements

9.10

Subordination of the Lien to First Mortgages

9.11

Rights of Mortgagees

9.12

Right to Enforce

9.13

Assessment Liens

9.14

Method of Foreclosure

9.15

Required Notice

ARTICLE X. ARCHITECTURAL CONTROL

10.1

Approvals Required

10.2

Rules and Regulations

10.3

Fees

10.4

Enforcement

10.5

Waivers

10.6

Liability

ARTICLE XI. ENFORCEMENT

11.1

Authority to Enforce

11.2

Methods of Enforcement

11.3

Limitations on Enforcement

11.4

Fees and Costs

11.5

Failure to Enforce

ARTICLE XII. ANNEXATION

12.1

Procedure

12.2

Designation of Common Areas

ARTICLE XIII. PRESSURIZED IRRIGATION

13.1

Irrigation District Service

13.2

No Private System

13.3

Water Master

ARTICLE XIV. SOLAR ACCESS DEFINITIONS

14.1

Exempt Tree

14.2

Front Lot Line

14.3

North Slope

14.4

Restricted Vegetation

14.5

Shade

14.6

Shade Point

14.7

Shade Point Heights

14.8

Shade Restricted Lot

14.9

Solar Friendly Vegetation

14.10

Solar Lot

14.11

Solar Lot Line

14.12

Solar Setbacks

14.13

Solar and Shade Restricted Lots

ARTICLE XV. SOLAR ACCESS

15.1

Shade Restriction

15.2

Pre-Existing Vegetation

15.3

Solar Setbacks

15.4

Solar Friendly Vegetation

ARTICLE XVI. SOLAR ACCESS RIGHTS, DUTIES AND RESPONSIBILITIES

16.1

Solar Access Rights

16.2

Solar Access Duties

ARTICLE XVII. GENERAL PROVISIONS

17.1

Severability

17.2

Amendment

17.3

Conveyance of Common Area

17.4

HUD/VA Approval

17.5

Contracts or Agreements

17.6

City Power of Enforcement