The name of the corporation is Mountain Plains 2 Homeowners Association (the "Association"), a South Dakota nonprofit corporation. The principal office and address of the corporation is located at 135 E. Illinois Street, Box 138, Spearfish, South Dakota 57783.
1. Definitions. All terms defined in these Bylaws shall have the same meaning as the terms defined in the Articles of Incorporation, the Declaration of Restrictive Covenants, and all rules adopted by the Association, unless the context indicates otherwise.
2. Purposes. The specific purpose of the Association is:
a. To provide for the operation, improvement, development, regulation and administration of real property, roads and water supply systems within the Development in Lawrence County, South Dakota, as more fully described in Exhibit "A" attached and incorporated by reference;
b. To preserve, protect, and enhance the values and amenities of the Development;
c. To carry out the powers, duties, and authorities previously exercised by Mountain Road Company, Inc. and Mountain Water Company, Inc., as authorized by unanimous vote of the Members of each of the corporations at annual meetings of the corporations held June 10, 1996;
d. To carry out the conditions of (1) Declaration of Restrictive Covenants affecting the Subdivision dated August 6, 1980 and recorded in the office of the Lawrence County Register of Deeds on August 22, 1980 as Document No. 80-2509;
(2) The Amendment to Declaration of Restrictive Covenants dated September 28, 1983, recorded in the office of the Lawrence County Register of Deeds on September 30, 1983 and recorded as Document No. 83-5437 [shown as para. 2.e. on the recorded document but should logically be para. 2.d.(2)];
(3) The Declaration of Covenants, Conditions and Restrictions for Mountain Road Maintenance and Improvement dated April 1, 1992, filed in the office of the Lawrence County Register of Deeds on April 15, 1992 and recorded as Document No. 92-1680 [shown as para. 2.f. on the recorded document but should logically be para. 2.d.(3)];
(4) The Declaration of Covenants, conditions and Restrictions for Mountain Water Supply dated April 1, 1992, and recorded in the office of the Lawrence County Register of Deeds on April 15, 1992 and recorded as Document No. 92-1679 [shown as para. 2.g. on the recorded document but should logically be para. 2.d.(4)];
(5) The Amendment to Declaration of Restrictive Covenants dated May 24, 1995, filed in the office of the Lawrence County Register of Deeds on June 15, 1995 as Document No. 95-2213 [shown as para. 2.h. on the recorded document but should logically be para. 2.d.(5)]; and
e. To promote the health, safety and welfare of the Owners and users of property in the Development [shown as para. 2.i. on the recorded document but should logically be para. 2.e.].
3. Assent. All Owners, their families, tenants, guests, and any other person using property, roads or water supply in the Development are subject to the covenants in this Article, the Articles of Incorporation of the Association, these Bylaws and any rules adopted by the Board of Directors. The acquisition of any ownership interest in any property in the Development constitutes acceptance of these Bylaws and an agreement to comply with them.
1. Membership. Ownership of a lot in the Development is required to qualify for membership in the Association. Each owner shall, upon purchase of a lot, become a member of this Association. Membership shall continue until the member no longer holds an ownership interest in the property or until the member assigns his or her interest subject to such restrictions as may be imposed. Status as a member shall end upon termination of the member's ownership interest.
2. Responsibilities of Owners. An Owner is subject to these Bylaws. The membership shall terminate without any formal Association action whenever that person ceases to own an interest in a lot within the Development. Termination will not relieve any former Owner from any liability incurred or in any way connected with the Association during the period of ownership, or impair any rights or remedies the Board of Directors or others may have against the former owner.
3. Membership Certificates. No certificates of stock will be issued by the Association. The Board of Directors may issue membership cards or other forms of identification to Owners. The membership card will be surrendered to a member of the Board of Directors whenever ownership of the lot designated on the card is terminated.
4. Classes of Membership. Initially, the Association will have one class of voting membership, comprised of all Owners. The Board may establish additional classes of membership.
5. Voting Privileges. Each lot in the Development shall be entitled to one vote. When more than one person holds an interest in any lot, all those persons will be deemed members of the Association, but only one vote may be cast. If a majority of the owners of any lot cannot agree, owners of that lot shall not be entitled to vote.
a. The voting privileges or other rights of any owner may be exercised by another party expressed by written proxy or specific written consent of the owner.
1. Annual Meetings. An annual meeting of the membership shall be held in June at a time and location set by the Board of Directors. The purpose of the annual meeting is for the election of the Board of Directors and the transaction of other business as may be necessary.
2. Special Meetings. Special meetings of the Members may be called at any time by the President of the Association, by a majority of the Board of Directors, or upon written request of Members who are entitled to vote at least 20 percent of all of the votes in the Association.
3. Notice of Meetings. Written notice stating the place, day and hour of the meeting and the agenda for the meeting shall be delivered not less than 10 nor more than 50 days before the meeting personally or by mail or otherwise as permitted by the laws of the State of South Dakota, by or at the direction of the President, or the Secretary, or the persons calling the meeting, as provided in these Bylaws, to the mailing address for each Member entitled to vote at such meeting.
4. Quorum. A quorum is deemed present throughout any meeting of the Association if Members entitled to cast (or proxies entitled to cast) 20 percent of the votes of the Association are present at the beginning of the meeting. If there is no quorum, Members will have the power to adjourn the meeting until a quorum is present or represented by proxy.
5. Actions Binding on Members. A majority of votes cast by Members constituting a quorum in person or by proxy will be sufficient to make decisions binding on all Owners, unless a different number or method of voting is required by statute or by the Declaration, the Articles, or these Bylaws.
6. Majority of Owners. As used in these Bylaws, the term "majority" will mean those votes, Owners, or other groups as the context may indicate totaling more than 50 percent of the total number.
7. Voting by Mail. Voting by mail is permitted for election of the Board of Directors, amendment of the Articles, adoption of a proposed plan of merger or dissolution under the provisions of the Laws of South Dakota. In the case of a vote by mail, the Secretary of the Association shall give notice to all Members. The notice shall include a proposed written resolution setting forth a description of the proposed action, a statement that the Members are entitled to vote by mail, a statement of a date not less than 20 days after the date the notice will have been given by which all votes must be received, and the address of the office to which votes must be sent. Votes received after that date will not be effective. Delivery of a vote in writing to the designated office will be equivalent to receipt of a vote by mail at that address for the purpose of this section.
8. Proxies. Any Member may cast a vote in person or by proxy. No proxy will be valid if it is not dated or if it purports to be revocable without notice. Further, no proxy will be valid after 11 months from the date of its execution unless otherwise provided in the proxy or unless voluntarily revoked upon notice, amended, or sooner terminated. Finally, no proxy will be valid unless filed with the Secretary of the Association before the appointed time of the meeting at which the proxy will be voted.
9. Designation of Voting Representative by Non-Individual Owners--Requirement for Proxy. If title to a lot is held in whole or in part by a corporation, partnership, association, limited liability company, or other entity, the voting privilege appurtenant to that ownership may be exercised only by a proxy executed on behalf of the parties. It must be filed with the Secretary of the Association, authorizing one person or alternate persons to attend all meetings of the Members and to cast the vote allocated to that lot.
10. Designation of Voting Representative by Multiple Owners--Use of Proxy. If title to a lot is held by more than one Owner, each Owner may vote or register protest to the casting of votes by the other Owners of the lot through a proxy. If a majority of the Owners of a lot cannot agree, the Owners of that lot will not be entitled to vote. An Owner may not revoke a proxy given under this section except by notice of revocation to the person presiding over a meeting of the Association.
11. Waiver of Notice. Waiver of notice of a meeting of the Owners will be deemed the equivalent of proper notice. Any Owner may waive, in writing, notice of any meeting of the Owners, either before or after the meeting. Attendance at a meeting by an Owner, whether in person or by proxy, will be deemed a waiver by the Owner of notice of the time, date, and place of the meeting unless that Owner specifically objects to a lack of proper notice at the time the meeting is called to order. Attendance at a special meeting will also be deemed a waiver of notice of all business transacted at the meeting unless objection to the convening of the meeting, of which proper notice was not given, is raised before the business is put to a vote.
12. Action Without a Meeting. Any action that may be taken by the vote of the Members at a regular or special meeting may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all of the Members.
1. Number, Qualification, and Initial Board. The affairs of the Association will be managed by a Board of not less than three and not more than nine Directors.
a. Directors of the Association must be members of the Association in good standing. The number of the Board of Directors will be established by amendment to these Bylaws.
b. The number of members of the Board of Directors will be nine. The names and addresses of the persons serving on the Board of Directors are listed below:
NAME
ADDRESSES
(Not shown on Web version)
TERM EXPIRATION
Don Berger 1998
Jeff Burriss 1999
Doug Drolc 1998
Roger Garrett 1997
Charles Kilmer 1997
John Langdell 1998
Steve Loescher 1997
Dean Sullivan 1999
Nicholas Van Dewerker 1999
2. Voting Procedures Generally. Each lot shall be entitled to one vote for members of the Board of Directors. If multiple lots have been replatted into a single lot, the replatted lot shall only be entitled to one vote.
3. Term of Office of Directors. The term of office for the full slate of Directors will be fixed as they determine establishing a system of three-year terms. One-third of the Board will be elected each year. The Board will identify in which year the directorships are subject to election. Each director elected following the original Board of Directors will be elected to serve for three years. Each director will hold office until the Director's successor is elected by the Owners and qualified to take over the office.
4. Removal of Directors. Any Director may be removed, with or without cause, at any regular or special meeting of the Owners by two-thirds of the votes of the Owners voting in person or by proxy. A successor to any Director removed may be elected at that meeting to fill the vacancy created. A Director whose removal is proposed by the Owners will be given notice of the proposed removal at least 10 days before the date of the meeting and will be given an opportunity to be heard at the meeting.
5. Vacancies. Vacancies occurring on the Board may be filled by a vote of a majority of the remaining directors, though not less than a quorum of the Board of Directors. Each director elected shall hold office for the remaining term of the director replaced.
6. Compensation. No Director shall receive compensation for any service rendered to the Association. However, a Director may be reimbursed for expenses incurred in the performance of his or her duties as a Director.
1. Regular Meetings. Regular meetings of the Board of Directors will be held at times set by the Board of Directors. Meetings will be held no less frequently than annually. Should a regularly scheduled meeting fall on a legal holiday, that meeting will be held at the same time on the next day that is not a legal holiday.
2. Special Meetings. Special meetings of the Board of Directors will be held when called by the President of the Association, or by any two Directors, after not less than three days' notice to each Director.
3. Quorum. A quorum is deemed present throughout any meeting of the Board of Directors if persons entitled to cast 51 percent of the votes on the Board are present.
4. Actions Binding on Directors. Every action taken or decision made by a majority of the Directors present at a duly held meeting at which a quorum is present will be regarded as an act of the Board.
5. Waiver of Notice. Attendance of a Director at any meeting will constitute a waiver of notice of such meeting, except when a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Before, at, or after any meeting of the Board of Directors, any member of the Board may waive in writing notice of such meeting, and that waiver shall be deemed equivalent to giving such notice. Neither the business to be transacted at, nor the purpose of, any meeting of the Board of Directors need be specified in the waiver of notice of such meeting.
6. Action Taken Without a Meeting. The Directors have the right to take any action they could take at a meeting in the absence of a meeting by obtaining the written approval of all the Directors. Any action approved shall have the same effect as though taken at a meeting of the Directors.
1. General. The Board of Directors shall have the power necessary to administer the affairs of the Association. Except as provided by these Bylaws, the Declaration, or the laws of South Dakota, the Board of Directors may do all things not specifically required to be done by the owners and may otherwise act in all instances on behalf of the Association.
2. Specific Powers and Duties. Without limiting the general powers set forth in Section 1 of this Article, the Board of Directors shall have the following powers and duties, subject only to the requirements of the laws of South Dakota:
a. To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations, and all other provisions set forth in the Articles of Incorporation and the covenants specifically described in Article II, Section 2 hereinabove;
b. To establish, amend, and enforce compliance with reasonable rules and regulations necessary for the operation, use, and occupancy of the Development, subject to the provisions of the Articles of Incorporation. A copy of those rules and regulations will be delivered or mailed to each Member promptly after adoption.
c. To keep in good order, condition, improve and repair the roads and water supply systems serving the Development. No approval of the members is required for expenditures for these purposes, except as otherwise required by the Articles of Incorporation or these Bylaws.
d. To fix, determine, levy and collect the prorated Annual Assessments to be paid by each of the Owners toward the administrative, road and water systems of the Mountain Plains 2 Homeowners Association.
e. To designate and approve personnel necessary for the operation and maintenance of the road and water systems within the Development.
f. To collect Special Assessments whenever it is necessary to do so, to meet increased operating or maintenance expenses or additional capital expenses. All Special Assessments will be in statement form and will set forth the various expenses for which the Special Assessments are being made.
g. To collect delinquent Assessments by suit or otherwise and to seek damages from an Owner as provided in the Covenants and these Bylaws, and to exercise other remedies for delinquent Assessments as set forth in the Articles of Incorporation, Mountain Plains 2 Homeowners Association Bylaws, and the 1997 Amended and Restated Declaration of Restrictive Covenants upon approval by lot owners.
h. To borrow funds to pay for any expenditure required by the provisions of the Articles of Incorporation and these Bylaws, and subject to the limitations of the laws of South Dakota, and to authorize officers to execute all instruments evidencing indebtedness as the Board of Directors may deem necessary. Such indebtedness shall be the several obligation of all Owners in the same proportion as each lot represents to the total of all lots within the Development. However, the Board will not borrow more than $50,000 at any one time without the approval of two-thirds of the votes of Owners present and voting in person or by proxy on the issue.
i. To enter into contracts within the scope of their duties and powers.
j. To establish bank accounts for the Association and for all separate funds as required or deemed advisable by the Board of Directors.
k. To cause to be kept and maintained full and accurate books and records showing all of the receipts, expenses, or disbursements and to permit examination thereof by Members or their Mortgagees during convenient weekday business hours.
l. To cause any and all access roads, parking areas, and roadways leading into the Subdivision and across the Subdivision to be maintained, repaired and improved.
m. To maintain the insurance coverage (including without limitation fidelity insurance, or in its place, a bond covering the Board, the officers and any other persons charged with handling Association funds) necessary to comply with the requirements of the Articles of Incorporation, these Bylaws, and the laws of South Dakota.
n. To carry on the administration of the Association and to do all things necessary to carry out the purposes and intent in the Articles of Incorporation, these Bylaws, the Development covenants and the requirements of the laws of South Dakota.
o. To delegate to any person or entity the Association's duties as may be more efficiently performed by someone other than by the Association, and to agree to assess the Owners a reasonable fee for those services, except the duties set forth in subparagraphs (d), (f), (g) of Section 2 above and duties reserved to the Board by law will not be delegated.
p. To prepare and approve a budget before the close of each fiscal year of the Association and notify the Association of the contents of the approved budget.
3. Accounts and Reports. The following management standards will be followed unless the Board determines otherwise:
a. A segregation of accounting duties for each bank account shall be maintained, and disbursements made by check which will require two signatures. The two signatures will be the signature of two Board Members. The Board may modify this requirement by resolution of the Board.
b. Accounts of the Association as established by the Board will not be commingled with any other accounts.
c. No remuneration will be accepted by any member of the Board of Directors from vendors, independent contractors or others providing goods or services to the Association.
d. Any financial or other interest a member of the Board of Directors may have in any firm providing goods or services to the Association will be disclosed promptly to the Board of Directors.
e. A balance sheet as of the last day of the Association's fiscal year and an operating statement for the fiscal year will be distributed to the Members. Financial statements for the preceding year will be available to Owners and Mortagees within 120 days after the end of the Association's fiscal year, and will be delivered to an Owner or Mortgagee upon written request.
f. Association financial statements and records will be reviewed annually and audited at least tri-annually.
4. Hearing Procedure. The Board will not impose a fine, suspend voting, or suspend any rights of an Owner or any other occupant of the Development for violations of rules and regulations or of the provisions and rules adopted by the Association unless the procedure below is followed:
a. Demand. Written demand to cease the alleged violation will be served upon the alleged violator specifying:
i. The alleged violation;
ii. The action required to abate the violation; and,
iii. A time period of not less than 10 days during which the violation may be abated without further sanction, if the violation is a continuing one, or a statement that any additional similar violation may result in the imposition of a sanction after notice and hearing, if the violation is not continuing.
b. Notice. At any time within 12 months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty or if the same rule is subsequently violated, the Board or its delegate will serve the violator with written notice of a hearing to be held by the Board. The notice will contain the following:
i. The nature of the alleged violation;
ii. The time and place of the hearing, which time will be not less than 10 days from the date of the notice;
iii. An invitation to attend the hearing and produce any evidence on the Owner's behalf; and,
iv. The proposed sanction to be imposed.
c. Hearing. The hearing will be held pursuant to the notice, affording the Owner a reasonable opportunity to be heard. Proof of notice and the invitation to be heard will be placed in the minutes of the meeting. This proof will be deemed adequate if a copy of the notice, with a statement of the date and manner of delivery, is entered by the officer, Director, or agent who delivered the notice. The notice requirement will be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting will contain a written statement of the results of the hearing and the sanction, if any, imposed. Written and oral evidence may be presented. The presenting party will provide copies of any written evidence to the other party or parties. The decision of the Board will be final.
d. Appeal. The Board may appoint a Hearing Committee to hear the matter. In that event, the above procedure will apply except that either party may appeal the decision of the Hearing Committee to the Board by written notice to the Hearing Committee, the other party, and the Board. The Board will consider the minutes of the hearing and report the decision of the Board within a reasonable period of time not exceeding 60 days after receipt of the notice. The decision of the Board will be final.
i. Notwithstanding anything to the contrary, judicial proceedings must be instituted before any non-conforming or violating items of construction can be altered or demolished.
ii. The foregoing procedures will not be necessary to impose any sanction or penalty for nonpayment of a delinquent Assessment.
1. Enumeration of Officers. The officers of the Association will be a President, Vice President, Secretary, and Treasurer, and other officers as the Board may create. All officers of the Association must be owners of lots within the Development.
a. Election of Officers. The election of officers will take place at the first meeting of the Board of Directors following each annual meeting of the Owners.
b. Term. The officers of the Association will be elected annually by the Board, and each will hold office for one year or until his successor is duly elected and qualified, unless he or she sooner resigns, is removed, or is otherwise disqualified to serve.
c. Special Appointments. The Board may elect officers as the affairs of the Association may require; each will hold, have authority, and perform duties as the Board may determine.
d. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board. The resignation will take effect on the date of receipt of the notice or at any later time specified in the notice, and unless otherwise specified, the acceptance of the resignation will not be necessary to make it effective.
e. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to the vacancy will serve for the remainder of the term of the officer replaced.
f. Multiple Offices. Any two or more offices may be held by the same person except the offices of President and Secretary.
g. Duties. The duties of the officers are as follows:
i. President. The President will preside at all meetings of the Association and the Board of Directors; see that orders and resolutions of the Board are carried out; sign all leases, mortgages, deeds and other written instruments; co-sign all promissory notes; cause to be prepared and execute, certify and record amendments to the Declaration on behalf of the Association; exercise and discharge other duties as may be required of the President by the Board.
ii. Vice President. The Vice President will act in the place of the President in the event of his or her absence, inability or refusal to act, and will discharge other duties as required by the Board.
iii. Secretary. The Secretary will record the votes and keep the minutes of all meetings and proceedings of the Board and of the Owners; keep the corporate seal of the Association and place it on all papers requiring the seal; serve notice of meetings of the Board and of the Owners; keep appropriate current records listing the Owners with their addresses; and perform other duties as required by the Board.
iv. Treasurer. The Treasurer or appointees will receive and deposit in appropriate bank accounts all moneys of the Association and will disburse funds as directed by the Board of Directors; sign all checks of the Association unless the Board directs otherwise, and co-sign all promissory notes of the Association; keep proper books of accounts; cause an audit or review of Association accounts to be made in a manner authorized or directed by the Board; and prepare an annual budget and a statement of income and expenditures to be presented to the Owners at their annual meeting, and deliver or make copies available to each of the Owners.
The Board of Directors may appoint (1) a Road Committee whose function shall be to supervise the day to day operations and make progress reports and recommendations to the Board of Directors concerning roads leading into and located within the Development; (2) a Water Committee whose primary function shall be to supervise the day to day operations and make progress reports and recommendations to the Board of Directors concerning the operation of the water systems serving the Development; (3) a Hearing Committee as described in Article VII above; and (4) such other committees as the Board of Directors may, from time to time, deem appropriate for carrying out its purposes.
1. Scope of Indemnification. To the extent permitted by law and consistent with the Articles of Incorporation, the Association will indemnify every member of the Board of Directors, and every officer, employee and agent of the Association and every person who serves at the request of the Association as a director, officer, employee, fiduciary, or agent of any other foreign or domestic corporation or of any partnership, joint venture, trust, or other enterprise or employee benefit plan against liability asserted against or incurred by that person in that capacity or arising out of that person's capacity as such. The indemnification permitted under this Article shall extend, in any event, to any act or omission occurring before the date of incorporation of this Association arising out of membership on the Board of Directors of the predecessors of this Association, Mountain Road Company, Inc. and Mountain Water Company, Inc.
2. Settlements. In the event of a settlement, the Association will provide indemnification for those matters covered by the settlement only if counsel advises the Association that the person to be indemnified has not been guilty of the alleged actions or omissions in the performance of the person's duties for the Association.
3. Does Not Exclude Other Rights. The foregoing rights will not be exclusive of other rights to which the member of the Board of Directors or officer or other person may be entitled.
4. Treated as Common Expense. All liability, loss, damage, cost, and expense arising out of or in connection with the foregoing indemnification provisions will be treated and handled by the Association as a Common Expense.
1. No Distribution of Profits. The Association is not organized for profit. No Member of the Association, member of the Board of Directors, or person from whom the Association may receive any property or funds will receive or will be lawfully entitled to any pecuniary profit from the operations of the Association. In no event will any part of the funds or assets of the Association be paid as a dividend or be distributed to, or inure to the benefit of, any member of the Board of Directors.
2. Compensation and Reimbursement. Notwithstanding the foregoing:
a. Reasonable compensation may be paid to any Member or Director acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association;
b. Any Member or Director may be reimbursed for reasonable expenses incurred in connection with the affairs of the Association. Any Director may be reimbursed for expenses incurred in the performance of his duties.
These Bylaws may be repealed or amended, at a regular or special meeting of the members called for that purpose, by a vote of a majority of a quorum of members present in person or by proxy. Written notice of any proposed amendment shall be given to members at least 10 days in advance of any meeting at which a bylaw amendment shall be voted on.
1. Fiscal Year. The fiscal year of the Association will begin on the first day of January and end on the 31st day of December every year, except that the first fiscal year will begin on the date of incorporation.
a. Corporate Seal. The Association will have a seal in a form approved by the Board of Directors, circular in form having within its circumference the words:
Mountain Plains 2 Homeowners Association
Corporate Seal
State of South Dakota
b. Conflicts of Documents. In the case of any conflict between the Articles of Incorporation, these Bylaws, or the laws of South Dakota, the laws of the State of South Dakota and Articles of Incorporation will control.
The undersigned members of the initial Board of Directors have executed these Bylaws on the 21st day of April, 1997.
DON BERGER JEFF BURRISS DOUG DROLC
ROGER GARRETT CHARLES KILMER JOHN LANGDELL
STEVE LOESCHER DEAN SULLIVAN NICHOLAS VAN DEWERKER
EXHIBIT "A"
Lots 101 through 218, inclusive, and Lots 116A, 141A, 142A, 152A, and Lot 219A of Mountain Plains Subdivision No. 2 located in the SE1/4 and part of the NE1/4NE1/4, SE1/4NE1/4, SW1/4NE1/4, NE1/4SW1/4, SE1/4SW1/4, Section 21; W1/2SW1/4 and part of NW1/4NW1/4, SW1/4NW1/4, SE1/4NW1/4,SW1/4NE1/4, NE1/4SW1/4, Section 22; NW1/4NW1/4, Section 27; NE1/4NE1/4, Section 28, all in Township 6 North, Range 2 East, Black Hills Meridian, Lawrence County, South Dakota, as shown on the plat thereof recorded as Document #79-1148, as amended in part by a plat recorded as Document #80-1898, and subject to easements and reservations of record, Declaration of Restrictive Covenants thereon recorded as Document #80-2509, and amendment thereto recorded as Document #83-5437, in the Office of the Register of Deeds of Lawrence County, South Dakota.
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