Recording Stamps and Preamble

After recording please return to: Kilday & Stratton, Inc. 2880 Technology Blvd. West, Ste. 271 Bozeman, MT 59718

[stamp: 202200030096 / Page: 1 of 41 / Fees: $328.00 / Debbie Pierson, Flathead County MT by AH / 12/8/2022 2:15 PM]

[stamp: 202300002414 / Page: 1 of 42 / Fees: $328.00 / Debbie Pierson, Flathead County MT by VS / 2/16/2023 1:56 PM]

[handwritten: Re-recording to add information regarding date and file number of plat on page 6.]

[handwritten (left margin, rotated): ** See attached assr#'s SE[?] ** 0016620 with plat; "SE[?]" written beneath "0016620"]

Declaration of Protective Covenants, Conditions and Restrictions For Starling Planned Unit Development

Declaration of Protective Covenants, Conditions and Restrictions for Starling Planned Unit Development

This Declaration of Covenants, Conditions and Restrictions for Starling Planned Unit Development (“Declaration”) is made this [handwritten: 20th] day of [handwritten: October], 2022, by Starling Development, LLC, a Montana limited liability company (the “Declarant”).

WHEREAS, Declarant is the owner of real property situated in the City of Kalispell, Flathead County, Montana, more particularly described in Exhibit A, attached hereto and incorporated herein, and hereinafter referred to as “Property” or “Starling PUD” or “Starling Community”;

WHEREAS, Declarant intends to develop, sell, and convey the Property;

WHEREAS, the purposes of this Declaration are to preserve and maintain the natural, scenic, recreational, economic, wildlife, and wetland values of the Property for the benefit of all Persons owning a Lot therein; to establish a means to provide for and maintain the Property and Improvements thereon as a pleasant and desirable environment for all Persons owning a Lot therein; to permit the Association to maintain, replace, repair, and improve those portions of the Property it is required or permitted to maintain, replace, repair, and improve; to provide for the collection and enforcement of Assessments and for enforcement of the Governing Documents; to provide for the addition and annexation of additional land to the Starling Community by the Declarant, as well as any development and improvements constructed (or to be constructed) thereon; and such other purposes as set forth in the Declaration, Bylaws, and Design Manual.

WHEREAS, the Property is part of a planned unit development, and Declarant reserves the right to develop the Property, and any land added and annexed into the Property, in any manner consistent with the subdivision regulations and zoning ordinances of the City of Kalispell, Flathead County, Montana, and any approved deviations thereto, and to expand the Property by annexing additional land as permitted by this Declaration. The Property will be developed in multiple phases;

NOW THEREFORE, Declarant, for itself and its successors and assigns, hereby declares that the Property, and any lands subsequently annexed to the Property and subjected to this Declaration, shall at all times be owned, held, conveyed, mortgaged, encumbered, leased, used, occupied, improved, sold, and conveyed subject to the declarations, limitations, covenants, conditions, restrictions, easements, and all provisions contained in the Declaration, all of which are imposed as equitable servitudes pursuant to a general plan for the development of Starling Community and the surrounding property owned by Declarant and for the purpose of enhancing and protecting the value and attractiveness of Starling Community, and every part of it, in accordance with the plan for development of Starling Community. All of the declarations, limitations, covenants, conditions, restrictions, easements, and provisions of the Declaration shall constitute covenants running with the land and are binding upon, and inure to the benefit of, Declarant, the Starling Community Association, Inc., and all persons having or acquiring any right, title, or interest in or to any part of the Property, and to their respective heirs, devisees, personal representatives, successors and assigns and any occupants and users of the Property;

This Declaration shall apply to all of the Property, and any land subsequently added and annexed into the Property, and to all improvements placed or constructed thereon and shall be in existence unless amended or terminated as set forth in this Declaration or by operation of law.

Said declarations, limitations, covenants, conditions, restrictions, easements, and provisions shall be as follows: