Declarant’s Rights

(a) Until the Transfer Date, Declarant reserves the right from time to time to expand Starling Community by annexing any or all of the Annexable Area described in Exhibit B to the Property and subjecting the same to the Declaration. However, the Declarant shall not be obligated or required to annex such additional lands to Starling Community and the Declarant may annex a portion or all thereof at Declarant’s discretion.

(b) The manner of subjecting a portion or all of the Annexable Area to the Declaration shall be accomplished by filing in the Public Record an amendment or supplement for each such annexation containing the following:

1. An amended Exhibit A providing the amended legal description for the Property.

2. An amended Exhibit C providing any additional covenants required by City of Kalispell, Flathead County, Montana.

3. Such other amendments and exhibits as the Declarant deems necessary or desirable to incorporate the annexed land into the Property and the Starling Community.

(c) The Declarant shall have the irrevocable right before the Transfer Date to execute, file, and record any amendment or supplement permitted under Section 7.1, and such other documents reasonable or necessary to accomplish such annexation. The Owners, the Association, lien holders, mortgagees, and others acquiring any interest in a Lot herein consent to the Declarant amending or supplementing the Declaration (and Bylaws, if required), and their consent is implied to such amendments or supplements by their acceptance or acquisition of any interest or lien in a Lot; and if the signature of any Owner or any Person having an interest in a Lot is required by any governmental agency, Declarant is appointed the Owner’s and Person’s agent to execute and record such amendments or supplements.

(d) Upon the execution and recording or any such amendment or supplement, such annexed land shall thereafter be deemed part of the Property and Owners, lien holders, mortgagees, and others acquiring any interest in a Lot, shall be bound and subject to all provisions of the Governing Documents.

(e) The amendment or supplement shall be effective at the time it is recorded in the Public Record.

(a) Until the Transfer Date, Declarant hereby reserves for itself and its assignees, for the benefit of itself and its agents, representatives, successors, assigns, contractors, and subcontractors, a non-exclusive easement through, over, over, under, and across, the Areas of Common Responsibility as may be reasonable or necessary to (i) discharge Declarant’s obligations under this Declaration; and (ii) exercise any of the Declarant’s Special Rights.

(b) Declarant hereby reserves for itself and its assignees, for the benefit of itself and its agents, representatives, successors, assigns, contractors, and subcontractors, a non-exclusive easement through, over, under, and across the Areas of Common Responsibility and utility easements for ingress and egress for the purpose of inspecting, installing, maintaining, repairing, replacing, relocating, tapping into, tying into, extending, enlarging, and using hot and cold water lines, waste water lines, electrical lines, gas lines, internet lines, cable television systems, master television antenna systems, Roads, ponds, wetlands, drainage systems, and any other utilities, to further develop the Property and the Annexable Area, whether or not any or all of such land is made subject to this Declaration. Declarant agrees that it and its successors or assigns shall be responsible for any damage caused to the Areas of Common Responsibility as a result of vehicular traffic connected with development of such Annexable Area. Declarant further agrees that if the easement is exercised for permanent access to all or a portion of such Annexable Area and such Annexable property or any portion thereof is not made subject to this Declaration, the Declarant, its successors or assigns, shall enter into a reasonable agreement with the Association to share the cost of maintenance of any access roadway serving such Annexable Area.

(c) Until the Transfer Date, Declarant hereby reserves for itself and its assignees the right to establish easements within the Property consistent with developing the Starling Community and any phase thereof.

Notwithstanding any other provision expressly or impliedly to the contrary in the Declaration or Bylaws, the Declarant hereby reserves for itself and its assignees the following rights:

(a) Until the primary building/structure on a Lot is substantially completed and is being occupied for its intended purpose, the Declarant shall not be required to pay any Assessments for a Lot.

(b) Until the Transfer Date, the right to appoint the Board of Directors.

(c) Until the Transfer Date, the right to complete any Improvements on the Property.

(d) Until the Transfer Date, the right to construct and maintain sales offices, trailers, booths, Improvements, or other structures used for sales or promotional purposes, management offices, and models on the Property, and the right to construct and maintain signs advertising the Property and the Lots contained therein. The number, size, and location of any such sales structures and signage, management offices, or models or the relocation thereof shall be determined by Declarant.

(e) Until the Transfer Date, the right to exercise any development right, including, without limitation, the right to add Annexable Area to the Property pursuant to Section 7.1 and to make that Annexable Area subject to this Declaration; the right to change the uses for such Annexable Area; the right to subdivide or combine Lots within the Annexable Area, and the right to record declarations and governing documents of any sub-associations.

(f) Until the Transfer Date, the right to maintain construction equipment on the Property that is necessary for the development of the Property.

(g) Until the Transfer Date, the right to merge and consolidate the Association with a property owners association of the same form of ownership.

(h) Until the Transfer Date, the right to not be subjected to the Design Manual.

(i) Any other right set forth within the Declaration and/or the Bylaws as reserved to the Declarant and/or its successors or assigns.

(a) The Declarant’s Special Rights may be transferred or assigned by the Declarant in whole or in part. Any such transfer or assignment shall only be effective if it is in a written instrument signed by Declarant and recorded in the Public Record.

(b) Upon transfer or assignment of the Declarant’s Special Rights, the liability of an assignor is as follows:

(a) An assignor is not relieved of any obligation or liability arising before the transfer.

(b) An assignor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from and after the date of such transfer.

(c) Upon transfer or assignment of the Declarant’s Special Rights, the assignee is subject to all obligations and liabilities imposed on the Declarant by this Declaration arising from and after the date of such transfer or assignment.

After the Transfer Date, Declarant will still have the following rights and duties: (i) if still an Owner, Declarant will continue to have all of the rights and duties given to Members under the Governing Documents; and (ii) any right or duty of the Declarant that has not been expressly limited as existing only before the Transfer Date.

The Declarant’s Rights set forth in Article 7 are irrevocable, shall be deemed covenants running with the Property, and may not be amended without the Declarant’s written consent.