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APV Declarations

Please note we do not guarantee the accuracy or how current the below document is at any point.

TABLE OF CONTENTS

1. Recitals
2. No Further Force or Effect
3. Definitions
4. Florida and Local Law
5. Term
6. Enforcement
7. Severability
8. Reservation of Rights
9. APV
9.1 Establishment of

APV

9.2 Rights of APV
9.3 Assessments
9.4 Allocation of Assessments
9.5 Bulk Land Assessments
9.6 Surplus Assessments
9.7 Establishment of Assessments
9.8 Claim of Lien
9.9 Timing of Assessment Payment
9.10 Non-Payment of Assessments
9.11 Subordination of Lien
9.12 Exemption
9.12.2 Common Areas
10. Utility

Fees

11. Fines, Suspension of Voting, Etc.
11.1 Right to Cure
11.2 Non-Monetary Defaults
11.3 Expenses
11.4 No Waiver
11.5 Rights Cumulative
11.6 Fines and Suspensions
12. Uniform

General Requirements

12.1 Easements
12.1.1 Additional Temporary Easements
12.2 Plans and Specifications
12.3 Avatar's Approval Rights
12.4 Signs
12.5 Pets and Animals
12.6 Walls and Fences
12.7 Vehicles
12.8 Parking
12.9 No Repairs
12.10 Greenways and Waterways
12.11 Irrigation
12.12 Trash Containers for Commercial, Institutional, Multiple Family
12.13 Real Estate Offices
12.14 Commercial Use
12.15 Districts
12.16 Membership in Village Association
12.17 Subdivision of Land
13. Residential

Dwellings

13.1 Garbage and Trash
13.2 Pets
13.3 No Outside Storage
13.4 Garages
13.5 Flag Lot
13.5.1 Tenants In Common
13.5.2 Sharing of Expense
13.5.3 Failure to Maintain
13.5.4 Exceptions
14. Commercial
14.1 Parking
14.2 Required Paving and Construction
14.3 Use Restrictions for Areas Zoned Commercial
14.4 Party Walls
14.5 Modification or Waiver

POINCIANA SUBDIVISION

DECLARATION

ASSOCIATION OF POINCIANA

VILLAGES, INC. (the " APV "), a Florida not-for-profit association

hereby makes this Poinciana Subdivision Declaration (" Declaration ")

respecting the real property described in Exhibit A (the " Poinciana

Subdivision "). Avatar Properties Inc. (" Avatar ") joins

in this Declaration to show its consent to the same.

R E C I T

A L S:

A. Avatar in its own name

or under its former name, GAC Properties, Inc., recorded (1) the various deeds

of restrictions described on Exhibit B attached hereto and made

a part hereof in the Public Records of Polk County, Florida (collectively, the

"Original Polk Deeds of Restriction ") and (2) the various deeds

of restrictions described on Exhibit B attached hereto and made

a part hereof in the Public Records of Osceola County, Florida (collectively,

the " Original Osceola Deeds of Restriction ").

B. The Original Polk Deeds

of Restriction and the Original Osceola Deeds of Restriction (collectively,

the " Original Deeds of Restriction ") were restated and consolidated

by that certain Restated Declaration of Restrictions (the " Restated Declaration ")

recorded in Polk County in Official Records Book 4510 at Page 1454 and in Osceola

County in Official Records Book 1767 at Page 297. The Restated Declaration replaced

entirely the Original Deeds of Restriction.

C. The Restated Declaration

governs the community known as Poinciana Subdivision, which is legally described

on Exhibit A attached hereto and made a part hereof.

D. Pursuant to Section 5

of the Restated Declaration, the APV, by majority vote of the entire Board of

Directors, has decided to amend and restate the Restated Declaration in its

entirety by this Declaration.

NOW THEREFORE, the APV does

establish the following restrictions for the Poinciana Subdivision:

1. Recitals .

All of the foregoing Recitals are true and correct.

2. No

Further Force or Effect . The Original Deeds of Restriction and the Restated

Declaration are of no further force or effect as the same are replaced entirely

by this Declaration.

3. Definitions .

In addition to the terms defined elsewhere in this Declaration, all initially

capitalized terms herein shall have the following meanings:

3.1 " APV

" shall mean Association of Poinciana Villages, Inc.

3.2 " Articles "

shall mean the APV's Amended and Articles of Incorporation attached hereto

as Exhibit C .

3.3 " Assessments "

shall mean any assessments made in accordance with this Declaration and as

further defined in Section 9 hereof.

3.4 " Avatar "

shall mean Avatar Properties Inc., a Florida corporation, its successors,

and assigns.

3.5 " APV Board "

shall mean the Board of Directors of the APV.

3.6 " Bulk Land "

shall mean any tract of land (whether or not subdivided) which has none of

the following: (i) improvements; (ii) overall community drainage; and (iii)

water and sewer availability. By way of example, if a Lot has either water

and sewer availability or overall drainage, it is not Bulk Land.

3.7 " By-Laws "

shall mean the APV's By-Laws attached hereto as Exhibit D .

3.8 " Common Areas "

shall mean all real property interests and personality within Poinciana Subdivision

designated as Common Areas from time to time by Plat or recorded amendment

to this Declaration and provided for, owned, leased by, or dedicated to, the

common use and enjoyment of the Owners within Poinciana Subdivision.

3.9 " County "

shall mean Polk or Osceola County, as applicable.

3.10 " Criteria "

shall mean the Design Control Board Criteria of the APV.

3.11 " DCB "

shall mean the Design Control Board of the DCB.

3.12 " Flag Lot "

shall refer to any of the various types of Flag Lots described in Section

13.5 hereof.

3.13 " Lender "

shall mean any federally insured savings and loan association or bank, insured

by the Federal Savings and Loan Insurance Corporation, or Federal Deposit

and Insurance Corporation, Mortgage Bankers, licensed Mortgage Brokers (or

person or entity holding mortgage through efforts of a licensed Mortgage Broker),

Avatar and Parkway Mortgage Company, Inc. and their successors and assigns,

holding a first mortgage on a Lot.

3.14 " Lot "

shall mean any lot shown on a plat.

3.15 " Owner "

shall mean the owner of a lot.

3.16 " Poinciana

Subdivision " shall mean the real property described on Exhibit

Aattached hereto including future property subject to plats incorporating

this Declaration.

3.17 " Utility Availability

Fee " shall have the meaning set forth in Section 10 herein.

3.18 " Village "

shall mean each subdivision of Poinciana Subdivision. Currently Poinciana

Subdivision is divided into ten (10) Villages. The Villages are described

on Exhibit E attached hereto and made a part hereof.

3.19 " Village Association "

shall mean the homeowners association governing each Village.

4. Florida

and Local Law . All restrictive covenants, listed and/or contained herein

are subject, in all instances, to compliance with State of Florida applicable

County health ordinances, restrictions and regulations, zoning regulations or

other established pertinent restrictions, and in particular when the said State

and County requirements exceed the requirements of the restrictions contained

herein. The laws of the State of Florida and applicable County as well as the

rules and regulations of their administrative agencies now or hereafter in effect

with regard to sewage disposal, water supply and sanitation are hereby incorporated

herein and made a part hereof.

5. Term .

These restrictive covenants, easements, reservations and requirements upon the

lands within the Poinciana Subdivision and any amendments and additions thereto,

shall run with the land and remain in full force and effect until January 1,

2012, at which time they shall be automatically extended for successive periods

of ten (10) years unless by majority vote of the entire APV Board on January

1, 2012, or at the end of each successive ten (10) year period thereafter, the

APV Board agrees to change said covenants, easements, reservations and requirements

upon said lands in whole or in part for the best interests of the Poinciana

Subdivision, at which time modifications thereto shall be evidenced by recording

in the office of the Clerk of the Circuit Court an Amendment to the Deed of

Restrictions reflecting such modifications. Notwithstanding the foregoing, the

APV Board hereby declares that from and after January 1, 2012 the APV Board

may amend this Declaration at any time upon a majority vote of the APV Board.

Nothing in this Section shall be construed to prohibit the APV Board from amending

this Declaration at any time upon a vote of two-thirds (2/3) of the APV Board.

All amendments shall be recorded in both the public records of Polk County and

Osceola County.

6. Enforcement .

Enforcement of this Declaration shall be by proceedings at law or in equity

against any person or persons violating or attempting to violate any covenant

of this Declaration. Enforcement of this Declaration may be either to restrain

violations or to recover damages, or both. The prevailing party shall be entitled

to recover, in addition to cost and disbursements allowed by law, such sums

as the Court may adjudge to be reasonable for the service of the prevailing

party's attorney.

7. Severability .

These covenants and restrictions are severable and the invalidation of one shall

not invalidate any other covenant hereof, and each covenant shall be independent

to such extent.

8. Reservation

of Rights . Avatar reserves the right to create one or more additional Villages

upon property owned by Avatar or its assignees or designees. Such Villages shall

be subject to such use restrictions and setbacks as deemed appropriate by Avatar

or its assignees or designees and recorded in the Public Records of the applicable

County. Without limiting the foregoing, any property made subject to a new Village

shall not be subject to the use restrictions set forth in this Declaration except

and to the extent so designated by document recorded in the Public Records of

the applicable County. The APV and Avatar or its assignee or designee agree

to negotiate in good faith to what extent, if any, the APV will provide services

to such property and be subject to Assessment by the APV based on the impact

of such development.

9. APV .

9.1 Establishment of

APV . As an additional covenant and condition to the ownership to lands in

Poinciana Subdivision, as now platted, and as to lands in any subsequent plats

of Poinciana Subdivision filed by Avatar, Avatar has established the APV, a

master owners association, which has under its umbrella the various Village

Associations. The APV, this Declaration and the APV Articles affect all properties

within the Poinciana Subdivision and all present and future Owners agree to

be bound by this Declaration and the APV Articles, for themselves and as a charge

and duty of each lot owned, or to be owned by them.

9.2 Rights of APV .

APV shall have the right to own and take title to common areas not previously

dedicated and accepted by the public such as roads, streets and other ways,

greenways, drainage ways, retardation areas, open space and the like, and to

designate improvements to be constructed on any of such lands which it may own

at such time, or subsequently acquire. The APV shall have the right to assess

the costs of construction of such improvements to the Owners of all Lots in

Poinciana Subdivision and subsequent annexations and plats thereto. Except for

streets and roadways dedicated to the Public, the APV or an improvement district,

shall always assume the responsibility for maintenance of "Greenways" and "Retardation

Areas", as set forth on the respective Plats of Poinciana Subdivision filed

with the applicable County, and pursuant thereto, shall have the right to reimbursement

therefor in accordance with the provisions hereof, to make Assessments on all

of the Lots in the Poinciana Subdivision to cover the costs thereof, all as

further provided below.

9.3 Assessments .

Each Owner, by acceptance of a deed or instrument of convey-ance for the acqui-sition

of title in any manner (whether or not so expressed in the deed), including

any purchaser at a judicial sale, shall hereafter be deemed to have covenanted

and agreed to pay to the APV at the time and in the manner required by the APV

Board, assessments or charges and any special assessments as are fixed, established

and collected from time to time by the APV (collectively, the " Assessments ").

The Assessments levied by the APV shall be used for, among other things, the

purpose of promoting the recreation, health, safety and welfare of the residents

of Poinciana Subdivision, and in particular for the improvement and maintenance

of the Common Areas and any easement in favor of the APV. The Assessments levied

by the APV Board shall be used exclusively for the purposes set forth in this

Declaration, the Articles and the By-Laws and for the benefit of the Owners

as an entire community, the improvements, maintenance, repair and replacement

of properties, services and activities and facilities devoted to this purpose

and applicable to the use and enjoyment of the Common Areas.

9.4 Allocation of Assessments .

All Assessments shall be fairly apportioned over all the Lots in the Poinciana

Subdivision. The APV Board shall determine the total amount of Assessments required,

including operational items such as insurance, repairs, maintenance and other

operating expenses, as well as charges to cover any deficiencies from prior

years, capital improvements and reserves approved by the APV Board. The total

annual Assessments required and any supplemental requirements shall be allocated

between, assessed to and paid in accordance with the following:

9.4.1 Subject to the following,

all Owners (other than Bulk Land Owners or Owners subject to special assessment

agreement with the APV) shall be assessed equally for costs and expenses of

the APV related to any uniform overall community function, activity, service,

facility or improvement of the APV which is for the specific benefit of all

Villages.

9.4.2 Assessments covering

special costs and expenses of the APV for any function, activity, services,

facility or improvements used by a portion of a Village or one or more Villages

but not by all Villages shall be assessed to those Owners directly receiving

the benefit thereof but not to Owners not receiving such benefit. The APV Board

shall determine, using reasonable judgment, the amount assessed and what Owners

are subject to such special Assessments.

9.4.3 Solivita (Village

X) has elected, at its own expense, to maintain all of its common areas, greenways

and drainage facilities, and provide or supply its own patrol, architectural

review (which supplements the Criteria), enforcement of restrictions, recreational

facilities, improvements and association type operations within the Village.

Owners within Solivita are subject to Assessments by the APV pursuant to that

certain Village Ten Assessment Agreement recorded in Official Record Book 04510

at Page 1739 in the Public Records of Polk County.

9.4.4 For any undeveloped

Village or portion thereof, the Owner shall be assessed by the APV as a Bulk

Land Owner.

9.5 Bulk Land Assessments .

Each Bulk Land Owner shall be liable to pay its prorata share of the Assessments

levied each year by the APV respecting Bulk Land (" Bulk Land Assessments ").

The total amount of all Bulk Land Assessments shall be equal to the annual budget

adopted by the APV multiplied by a fraction, the numerator of which shall be

the aggregate value of all Bulk Land owned by the Bulk Land Owners as assessed

by the applicable county tax assessor for the prior calendar year, and the denominator

of which shall be the value of all land subject to the Declaration (other than

land owned by Avatar) as assessed by the applicable county tax assessor for

the prior calendar year. Each Bulk Land Owner's prorata share of the Bulk Land

Assessment shall based upon the total acreage of Bulk Land owned by each respective

Bulk Land Owner subject to the Declaration, divided by the total acreage of

land owned by all Bulk Land Owners.

9.6 Surplus Assessments .

Any surplus Assessments collected by the APV may be allocated towards the next

year's Assessments. Under no circumstances shall the APV be required to pay

surplus Assessments to Owners.

9.7 Establishment of

Assessments . Assessments shall be established in accordance with the following

procedures:

9.7.1 Assessments shall

be established by the adoption of a twelve (12) month operating budget by the

APV Board. The budget shall be in the form required by Section 720.303(6) of

the Florida Statutes, as amended from time to time. Written notice of the amount

and date of commencement thereof shall be given to each Owner not less than

ten (10) days in advance of the due date of the first installment thereof. Notwithstanding

the foregoing, the budget may cover a period of less than twelve (12) months

if the first budget is adopted mid-year or in order to change the fiscal year

of the APV.

9.7.2 The APV may establish,

from time to time, by resolution, rule or regulation, or by delegation to an

officer or agent, including, a professional management company, use fees. The

sums established shall be payable by the Owner utilizing the service or facility

as determined by the APV.

9.8 Claim of Lien .

Each Owner, by acceptance of a deed or instrument of conveyance for the acquisition

of title to a Lot, shall be deemed to have covenanted and agreed that the Assessments,

and/or other charges and fees set forth herein, together with interest, late

fees, costs and reasonable attorneys' fees and paraprofessional fees at all

levels of proceedings including appeals, collections and bankruptcy, shall be

a charge and continuing lien in favor of the APV encumbering the Lot and all

personal property located thereon owned by the Owner against whom each such

Assessment is made. The lien is effective from and after recording a Claim of

Lien in the Public Records stating the legal description of the Lot, name of

the Owner, and the amounts due as of that date, but shall relate back to the

date that this Declaration is recorded. If such Assessments are not paid, the

Claim of Lien may be foreclosed after 90 days after same is outstanding, in

the same manner as provided under Florida law for the foreclosure of mortgages.

9.9 Timing of Assessment

Payment . All Assessments shall be paid by Lot Owners as established annually

by the APV Board and shall be due and payable to the APV in advance on or before

the first day of each calendar year. The APV Board, in its discretion, may allow

payments of Assessments on a monthly or other basis

9.10 Non-Payment of Assessments .

If any Assessment is not paid within fifteen (15) days (or such other period

of time established by the APV Board) after the due date, a late fee of $25.00

per month (or such lesser or greater amount established by the APV Board from

time to time), together with interest in an amount equal to the maximum rate

allowable by law (or such lesser rate established by the APV Board), per annum,

beginning from the due date until paid in full, may be levied. The late fee

shall compensate the APV for administrative costs, loss of use of money, and

accounting expenses. The APV may, at any time thereafter, bring an action at

law against the Owner personally obligated to pay the same, and/or foreclose

the lien against the Lot and improvements thereon, or both. The APV shall not

be required to bring such an action if it believes that the best interests of

the APV would not be served by doing so. There shall be added to the Assessment

all costs expended in preserving the priority of the lien and all costs and

expenses of collection, including attorneys' fees and paraprofessional fees,

at all levels of proceedings, including appeals, collection and bankruptcy.

No Owner may waive or otherwise escape liability for Assessments provided for

herein by non use of, or the waiver of the right to use the Common Areas or

by abandonment of a Lot.

9.11 Subordination of

Lien . The lien for Assessments shall be subordinate to a bona fide first

mortgage held by a Lender on any Lot if the mortgage is recorded in the Public

Records prior to the Claim of Lien. The lien for Assessments shall not be affected

by any sale or transfer of a Lot, except in the event of a sale or transfer

of a Lot pursuant to a foreclosure (or by deed in lieu of foreclosure or otherwise)

of a bona fide first mortgage held by a Lender, in which event, the acquirer

of title, its successors and assigns, shall not be liable for such sums secured

by a lien for Assessments encumbering the Lot or chargeable to the former Owner

of the Lot, which became due prior to such sale or transfer. However, any such

unpaid Assessments for which such acquirer of title is not liable may be reallocated

and assessed to all Owners (including such acquirer of title) as a part of the

operating costs of the APV included within Assessments. Any sale or transfer

pursuant to a foreclosure (or by deed in lieu of foreclosure or otherwise) shall

not relieve the Owner from liability for, nor the Lot from the lien of any Assessments

made thereafter. Nothing herein contained shall be construed as releasing the

party liable for any delinquent Assessments from the payment thereof, or the

enforcement of collection by means other than foreclosure.

9.12 Exemption . The

APV Board shall have the right to exempt any portion of Poinciana Subdivision

subject to this Declaration from the Assessments. The APV Board has exempted

all Lots owned by Avatar from Assessments until such Lots are conveyed to a

individual purchaser of a Lot. This Section shall not be amended by any party

or entity without the prior written approval of Avatar. The following property

is also exempt:

9.12.1 Any easement or other

interest therein dedicated and accepted by the local public authority and devoted

to public use.

9.12.2 Common Areas .

9.12.3 Land and improvements

owned by governmental entities pursuant to Florida law.

10. Utility

Fees . With respect to the real property described on Exhibit F

and all of Poinciana Subdivision in Polk County other than Village Ten, commencing

one year after the date a Lot buyer agrees to purchase a Lot, the Owner will

be responsible for payment of a utility availability fee to Avatar (" Utility

Availability Fee "). This Utility Availability Fee is to help Avatar

defray the costs and expenses involved in making utility service available to

the Lot. The Utility Availability Fee is presently estimated at $9.00 per month

per Lot, subject to adjustment in relation to actual costs and expenses and

the Utility Availability Fee shall continue until the utility facilities have

been turned over to a utility company. The extent of the utility maintenance

program and the amounts expended shall be within the sole discretion of Avatar.

This Utility Availability Fee shall constitute a lien against the assessed Lot,

and if unpaid, may be collected and enforced by any legal remedies available

to Avatar with the Lot Owner being liable for reasonable costs, including attorney's

fees. The Lot Owner's responsibility for the Utility Availability Fee shall

survive delivery of the deed.

11. Fines,

Suspension of Voting, Etc .

11.1 Right to Cure .

Should any Owner do any of the following:

11.1.1 Fail to perform its

responsibilities as set forth herein or otherwise breach the provisions of the

Declaration; or

11.1.2 Cause any damage

to any improvement or Common Areas; or

11.1.3 Impede the APV from

exercising its rights or performing its responsibilities hereunder; or

11.1.4 Undertake unauthorized

improvements or modifications to a Lot or to the Common Areas.

The APV, after reasonable

prior written notice, shall have the right, through its agents and employees,

to cure the breach, including, but not limited to, the entering upon the Lot

causing the default to be remedied and/or the required repairs or maintenance

to be performed, or as the case may be, remove unauthorized improvements or

modifications. The cost thereof, plus reasonable overhead costs and attorneys'

fees and paraprofessional fees at all levels including appeals, collections

and bankruptcy, incurred shall be assessed against the Owner as an Assessment

applicable just to such Lot.

11.2 Non-Monetary Defaults .

In the event of a violation by any Owner of any provisions of this Declaration,

other than the nonpayment of any Assessment or other monies, the APV shall notify

the Owner of the violation, by written notice. If such violation is not cured

as soon as practicable and in any event within seven (7) days after such written

notice, the party entitled to enforce same may, at its option:

11.2.3 Commence an action

to enforce the performance on the part of the Owner or to enjoin the violation

or breach or for equitable relief as may be necessary under the circumstances,

including injunctive relief; and/or

11.2.4 Commence an action

to recover damages; and/or

11.2.5 Take any and all

action reasonably necessary to correct the violation or breach.

11.3 Expenses . All

expenses incurred in connection with the violation or breach, or the commencement

of any action against any Owner, including reasonable attorneys' fees and paraprofessional

fees at all levels including appeals, collections and bankruptcy, shall be assessed

against the Owner, as an Assessment against the individual Lot, and shall be

immediately due and payable without further notice.

11.4 No Waiver . The

failure to enforce any right, provision, covenant or condition in this Declaration,

shall not constitute a waiver of the right to enforce such right, provision,

covenant or condition in the future.

11.5 Rights Cumulative .

All rights, remedies, and privileges granted to the APV and/or the DCB pursuant

to any terms, provisions, covenants or conditions of this Declaration, or Criteria

shall be deemed to be cumulative, and the exercise of any one or more shall

neither be deemed to constitute an election of remedies, nor shall it preclude

any of them from pursuing such additional remedies, rights or privileges as

may be granted or as it might have by law.

11.6 Fines and Suspensions .

Except to the extent prohibited by law, in the event of a violation of the provisions

contained herein by an Owner or a person acting by, through, or under an Owner,

the Rules and Regulations of the APV, the Criteria, or other rules and regulations

promulgated by the APV, the APV shall also have the right to levy reasonable

fines or suspend the privileges of the Owner or any person acting by, through,

or under an Owner.

11.6.1 The APV may suspend

the voting rights of any Owner for the nonpayment of regular annual Assessments

as provided by law.

11.6.2 Further, the APV

may suspend the rights of an Owner to use Common Areas of the APV so long as

such suspension does not impair vehicular and pedestrian ingress and egress

from the applicable Lot, including the right to park.

11.6.3 Each fine shall be

an Assessment against the applicable Lot and enforceable pursuant to the provisions

of this Declaration and the By-Laws. Each day of an Owner's failure to comply

with this Declaration, the Rules and Regulations, the Criteria, or other rules

and regulations promulgated by the APV shall be treated as a separate violation

and, be subject to a separate fine. Fines shall be in such reasonable and uniform

amounts as the APV shall determine.

11.6.4 Suspensions and fines

shall be imposed in the manner provided in Section 720.305 of the Florida Statutes,

as amended from time to time. The APV Board shall have the authority to promulgate

additional procedures from time to time.

12. Uniform

General Requirements . The following requirements are applicable to Villages

One through Nine and are not applicable to Village Ten (Solivita). Village Ten

is subject to the Solivita Declaration recorded in Official Records Book 04510

at Page 1576 in the Public Records of Polk County.

12.1 Easements . Easements

and rights-of-way are hereby expressly reserved for the creation, construction

and maintenance of utilities, such as gas, water, telephone, telegraph, electricity,

sewers, storm drains, public, or quasi-public, as well as for any public or

quasi-public utility or function deemed necessary and/or expedient for the public

health and welfare. Avatar reserves the exclusive use of such easements and

rights-of-way for purposes of cable television, including, but not limited to,

the exclusive right to erect, install, construct, repair, replace, reconstruct,

maintain and retain in, on, over, under, upon, across such easements and rights-of-way

for cable television systems. Overhead service wires are permitted across corners

of rear yards where side Lot lines do not join in the rear at a common corner.

12.1.1 Additional Temporary

Easements . In addition to the above, there shall be an additional temporary

construction easement abutting the exterior sides of each easement herein granted.

Said temporary construction easement shall be for the purpose of providing access

during the construction of utility improvements and shall terminate upon the

completion of improvements. Said easement shall be of unlimited width, except

that same shall approach no closer than five (5) feet to any structure existing

at time of construction.

12.2 Plans and Specifications .

Plans and specifications for all residential, institutional or commercial structures

including, but not limited to, driveways, and paving must be submitted to the

DCB for written approval as to quality of workmanship and materials, harmony

of external design, aesthetic effect, size and existing structures. Without

limiting the foregoing, the DCB must approve all building and site plans prior

to the commencement of any construction. The DCB has pre-approved all initial

construction for all improvements located within the boundaries of Village Ten.

The DCB shall not unreasonably withhold any approval of proposed changes to

initial construction sought by an Owner within Village Ten once such changes

have been approved by the Village Ten Architectural Review Committee. Building

permits must be obtained from the proper County authorities.

12.3 Avatar's Approval

Rights . Avatar or its designated agent shall have a right to review and

approve all plans and specifications submitted to the DCB. The failure of Avatar

or its designated agent to give notice of its disapproval of plans and specifications

submitted to the DCB within thirty (30) days after receipt thereof shall be

deemed to constitute the approval thereof.

12.4 Signs . No signs

of any kind shall be exhibited in any way on or above the property of Poinciana

Subdivision, including any and all signs to be painted on any side or face of

structure, without written approval from Avatar or its duly authorized agent

and the DCB. Avatar reserves the right to approve the erection of certain signs

on a temporary basis which would vary from the usual norm of other signs. All

other signs shall be in conformance with the Poinciana Signage Requirements

of the DCB.

12.5 Pets and Animals .

No husbandry of either animals or fowls shall be conducted or maintained in

Poinciana Subdivision; provided, however, that dogs, cats and other household

pets, not to exceed two (2) per household, may be kept on the Lots subject to

such rules and regulations as may be adopted by the APV Board, so long as they

are not kept, bred or maintained for commercial purposes.

12.6 Walls and Fences .

No fence, hedge, wall or other dividing instrumentality shall be erected or

maintained on any Lot of Poinciana Subdivision which shall restrict or block

the view from an adjoining Lot or which shall materially impair the continuity

of Poinciana Subdivision. For this purpose, a residential hedge, fence, wall

or other dividing instrumentality shall be maintained at no greater height than

six (6) feet, and no wall or fence shall be erected or placed within the front

setback lines of any Lot, unless said wall or fence shall be ornamental and

a desirable feature and shall not in any manner impair the general scheme of

Poinciana Subdivision. The APV Board may grant fencing variances for Flag Lots.

Notwithstanding the above, Avatar may, in its discretion, approve minor projections

above the restricted heights for architectural features. Innovative fencing

for commercial, institutional and recreation areas may exceed six (6) feet with

the approval of the APV Board. No wall or fence of any kind whatsoever shall

be constructed on any Lot until after the height, type, design and location

thereof shall have been approved in writing by Avatar, or its duly authorized

agent and the DCB. The failure of Avatar or its duly authorized agent to give

notice of its approval of any wall or fence submitted to the DCB within thirty

(30) days after receipt thereof shall be deemed to constitute the disapproval

thereof.

12.7 Vehicles . No

house trailer, mobile or motor home (except in Village Nine and other areas

designated for mobile homes), camper, recreation vehicle, boat, boat trailer,

bus, inoperable vehicle, implement of husbandry, or the like shall be allowed

on any residential Lots, roadways, driveways or Common Areas. No utility trailer,

tractor, truck tractor, semitrailer, road roller, commercial van or other vehicle

with a carrying capacity of one (1) ton or greater (oversized vehicles), dumpster,

pole trailer, caterpillar, bulldozer, crane, backhoe, or the like shall be allowed

on any of the residential Lots unless the same is present in the actual continuous

construction, repair, or development of structures or property, or the temporary

servicing of or delivery to homes, and only for the duration of such activity.

No Lot shall be used as a junk yard or auto graveyard. No other vehicle shall

be used for living purposes, except as allowed in areas subsequently zoned for

mobile homes. No trucks shall be parked overnight in areas zoned Residential.

No parking is permitted in the traveled section of any roadway or street. No

parking is permitted on the lawn or unpaved area of any Lot. In residential

areas "on-street" parking shall be allowed only for temporary visitor parking

or for the temporary parking of vehicles performing pick up, delivery and other

commercial services. Notwithstanding the foregoing, the APV may issue a twenty-four

(24) hour, on a case by case basis, for leisure styled vehicles such as boats,

campers, recreation vehicles and the like. Temporary passes must be non-consecutive

and not issued for the same Lot more frequently than once every seven (7) days.

12.8 Parking . No

trucks shall be parked overnight in areas zoned Residential. No parking is permitted

in the traveled section of any roadway or street or the shoulder or unpaved

portion of the street right-of-way, except for temporary emergency purposes

or by authorized governmental, public utility or law enforcement personnel while

engaged in their official duties. No parking is permitted on the lawn or unpaved

area of any Lot. No cars shall be parked on a residential Lot except with rear

or front car bumper facing garage or carport except where a Lot has a home with

a circular driveway.

12.9 No Repairs .

General repair or overhaul of any automobile, truck, recreation vehicle, motorcycle,

or any other motorized vehicle, shall not be performed at any Lot or upon any

Common Area within Poinciana Subdivision. Minor repair and adjustment, washing

or polishing of any vehicle is permitted at the Lot subject to applicable Florida

law.

12.10 Greenways and Waterways .

The owners and occupants of land in the Poinciana Subdivision who have continuous

ownership shall have an easement in common for the use of parks, greenways,

retardation areas and canal waterways. No structures shall be constructed, dug,

or excavated into any of the greenways, retardation areas, or canals until plans

for same have been approved in writing by Avatar, or its duly authorized agent

and the DCB. Likewise, no vehicle or structure shall be placed in the waterways

adjacent to or within the Poinciana Subdivision which will impede navigation

or restrict freedom of movement of other vehicles. No boat, houseboat, or other

vessel shall be used as a place of abode or dwelling within the Poinciana Subdivision.

12.11 Irrigation .

All buildings shall be connected at the Owner's expense with central water and

sewer utilities within ninety (90) days after date of availability. Incidental

utility or service structures, and detached garages, shall not be required to

make such utility connections. However, wells may be maintained for outside

use, including watering of lawns, swimming pools, etc., subject to approval

of duly constituted public health authorities and/or public utility.

12.12 Trash Containers

for Commercial, Institutional, Multiple Family . All trash container areas

and yards for commercial, institutional and multiple family buildings will be

screened visually and in a manner which will dampen associated noise. This should

be accomplished either with dense shrubbery such as hedges or with wood fences

or landscaped masonry walls.

12.13 Real Estate Offices .

No property shall be used for a real estate office, except only upon the written

approval of Avatar.

12.14 Commercial Use .

No residential Lot shall be used for commercial purposes of any kind that result

in noise, increased traffic, nuisance or otherwise disrupt the residential character

of a neighborhood; provided, however, the APV may grant a special exception,

upon the application duly made. No Lot granted a special exception for commercial

use shall be used exclusively for commercial purposes. A combination of residential

and commercial usage is required. Signage shall be in accordance with Section

12.4 of this Declaration.

12.15 Districts .

Avatar or the APV Board may form or cause to be formed one or several general

or special improvement or service districts for the purpose of providing for

the construction of street lighting, fire districts, pedestrian ways, common

parking areas, and for the care and maintenance of common open spaces, parks,

greenways, drainage ways, pedestrian ways and beautification. These districts

shall arrange for and defray costs of said care and maintenance by equitable

Assessments on Owners. Such districts may cease to exist if at any time any

municipality, County, or other public body or improvement district shall assume

said care and maintenance.

12.16 Membership in Village

Association . At such time as a deed is delivered to the Owner of a Lot,

the Owner of the Lot shall automatically become a member of the Village Association

for the Village in which the Lot is located if such association has previously

been created by Avatar for such purpose. The jurisdictional boundaries of the

Village Association may include any areas in Poinciana Subdivision or annexations

thereto specifically designated by Avatar.

12.17 Subdivision of

Land . No Lots, tracts, or parcels set forth in the recorded plat or subsequent

recorded plats of Poinciana Subdivision can be divided or re-subdivided unless

all the divided portions thereof are added to the adjacent Lots, tracts, or

parcels to create larger adjacent contiguous ownerships, except with the written

consent of Avatar. Consent shall not be unreasonably withheld. It is further

provided that no Lots, tracts, or parcels be subdivided so as to create a violation

of any of the restrictions herein established. In the event a Lot is increased

in size by the addition of a portion of the adjacent Lot, any encroachment on

the utility easements in the interior of the increased Lot is hereby waived

and such easement is hereby deemed removed to the perimeter of said increased

Lot and original easement heretofore reserved is hereby vacated. The Owner of

combined Lots must pay the Assessments due on each Lot unless the structure

built on the combined Lots straddles the interior Lot boundaries.

13. Residential

Dwellings . In addition and supplemental to the foregoing restrictions, the

DCB Criteria and the following restrictions, reservations and easements shall

apply to and govern the erection and maintenance of single, duplex and multiple

dwellings in Villages One through Nine. These restrictions do not apply to Village

Ten.

13.1 Garbage and Trash .

Trash and garbage containers shall not be permitted to remain conspicuous except

on days of trash collection. In Village Nine, at the time of occupancy each

Owner shall be responsible for arrangement with the franchised collector for

removal of garbage on a regular basis.

13.2 Pets . No animals,

livestock or poultry of any kind shall be raised, bred or kept on any Lot, except

that dogs, cats or other household pets (but no more than two (2) per Lot) may

be kept if permitted by the APV pursuant to rules and regulations adopted by

it.

13.3 No Outside Storage .

No outside storage is allowed (e.g., storage of car tires, step ladders, discarded

appliances, etc.).

13.4 Garages . There

shall not be erected or maintained on the property of that part of the Poinciana

Subdivision which is designated herein exclusively for single family residential

purposes, any structure of any kind other than a one-family dwelling and suitable

accessory building, such as garage or carport. No garage or accessory buildings

shall be used as living quarters. All garages must be built on rear half of

Lot unless attached to the house.

13.5 Flag Lot . A

Flag Lot has the basic formation set forth on Exhibit G hereof ("Typical

Flag Lots") or as set forth on Exhibit H hereof (" Non-Typical Flag

Lots "), each of which has parcels marked "A," "B" and "C." The front Lot

line is that portion of the Lot which abuts the greenway, golf course, open

space or waterway or, with respect to rear Flag Lots, the portion of the Lot

which abuts the driveway. When more than one side of the Lot abuts a greenway,

the front Lot line is defined as the Lot line abutting the major greenway.

13.5.1 Tenants In Common .

The Owners of the two residential Flag Lots fronting (contiguous to) the street

lying on either side of the said driveway tract, together with the Owners of

the rear two Flag Lots served access by the driveway tract for ingress and egress

shall be tenants in common, each as to an undivided one-fourth (_) interest,

all to the entire of said driveway tract. Said respective ownership interest

of an undivided one-fourth (_) interest in the driveway parcel shall constitute

an appurtenant additional interest to the rights of ownership of the respective

residential Lot adjacent to or lying to the rear of the subject driveway parcel,

and the title to said appurtenance shall follow and be concurrent to the ownership

of the respective residential Lot. Any person hereinafter acquiring title to

any such residential Lot agrees that the title to such Lot and the said appurtenant

undivided one-fourth (_) interest in the driveway parcel is perpetually unified

and made concurrent, to the result that such unity of title shall forever be

a covenant running with the land and that the benefits and burdens of such ownership

of said appurtenance shall be attributable to and a charge and lien upon the

ownership of the fee simple title of the respective residential Lot, including

an assumption by the Owner thereof of the responsibility for maintenance and

payment of ad valorem taxes, all in addition to the rights of possession, all

as hereinafter set forth. As to the Owner of a residential Lot adjacent to parcel

"A" or "B", respectively, such Owner shall become obligated to maintain the

grass and all landscaping planted along the border of said parcel "A" or "B"

lying adjacent to such Owner's respective Lot and to the driveway parcel "C".

The Owner assuming the above said duties of maintenance as to parcel "A" or

parcel "B" shall have as to that specific parcel exclusive rights to possession

and enjoyment to the exclusion of all other persons, which rights of use, possession

and enjoyment, except as needed by rear Lot Owners for parcel "C" maintenance,

shall include the right fully to occupy same in all manner and respect as the

rights are attributed to the Owner's residential Lot adjacent thereto. Said

Owner also agrees to pay an undivided one-fourth (_) of all Assessments and/or

ad valorem taxes imposed on the driveway parcel by any governmental authority.

13.5.2 Sharing of Expense .

The Owners of either of the rear Flag Lots shall have the full and undiminished

right to use and occupancy of the driveway (parcel "C") and all rights of ingress

and egress to his respective Lot over and across said driveways, to the exclusion

of all other persons, excepting only the owner of the other adjacent rear Lot

also served by the same said driveway parcel "C". It shall be a covenant running

with the land that each of said rear Flag Lot Owners have the concurrent obligation

for the maintenance of the surface and appearance of said driveway (parcel "C")

and also shall pay an undivided one-fourth (_) of all taxes or assessments made

by any governmental authority thereon.

13.5.3 Failure to Maintain .

In the event any of the respective tenants in common having ownership of parcels

"A" or "B" and "C" shall fail to maintain said parcels as described above according

to the conditions therein stated, or to pay taxes and/or Assessments which may

be imposed thereon, the APV shall have the right to perform such maintenance

services in behalf of such respective common Owners or pay the taxes and assessments

thereon, and the APV shall have the right to enforce reimbursement for such

advances by imposing a lien upon the respective residential Owner, which lien

may be enforced according to the terms and provisions of this Declaration.

13.5.4 Exceptions .

None of the provisions of this Section 13.5 shall apply to the Owner of a Flag

Lot or the Owner of either of the two residential Lots fronting (contiguous

to) the street lying on either side of the said driveway tract unless the deed

from Avatar shall also include in the lands conveyed thereby the appurtenant

undivided one-fourth (_) interest in the driveway parcel. Nothing herein contained,

however, shall prevent at any time in the future, the owners of Flag Lots or

the fronting residential Lots contiguous to the Flag Lot stems from voluntarily

agreeing to be bound by the provisions of this Section 13.5, other than this

subsection, by filing in the Public Records of the applicable County an instrument

in writing agreeing to privity of title as between all four of any such Lots,

each as to an undivided one-fourth (_) interest in said driveway parcel as then

made unified. After the filing of such instrument in the Public Records of the

applicable County, the covenants running with the lands, as recited in this

Section 13.5, shall thereafter apply.

14. Commercial .

The following restrictions, reservations and easements shall apply to and govern

the erection and maintenance of Commercial Buildings in Villages One through

Nine, all of which are limited and restricted to those sections and areas of

Poinciana Subdivision as are zoned for that purpose. These restrictions are

not applicable to Village Ten. Pursuant to Section 5 of the Original Declarations,

the Village Ten Declaration shall set forth the restrictions on Commercial Buildings

applicable to Village Ten. Setback requirements for Commercial Buildings are

set forth in the DCB Criteria. In addition, all Commercial Buildings must meet

all applicable regulations of the applicable County.

14.1 Parking . The

front and rear setback areas may be utilized for parking. No vehicular parking

shall be allowed on the front building setback portion of any Lot unless provisions

are established, to the satisfaction of Avatar and the County to prevent the

vehicles departing such premises from backing onto the traveled portions of

adjacent streets. In all such departures, the vehicles must use only Avatar

and the County approved exits.

14.2 Required Paving

and Construction . As part of the construction of each building erected in

a commercial area of Poinciana Subdivision, there shall be included a sidewalk

in accordance with the applicable County Code and/or Regulations. Likewise,

as part of the construction of each building, there shall be constructed concrete

curbing and gutters, and storm sewers, plus that portion of the unpaved street

fronting on each such building, lying between the side curb and gutter and the

street, as paved by Avatar, shall be paved. All of the construction required

by this Section shall be at the expense of the Lot Owner and shall be paid for

by the Lot Owner at the prevailing rate, concurrently with the erection of a

building or buildings. It is further understood that Lot Owners who erect buildings

on only a fractional portion of a Lot must provide the herein above-detailed

curbs, sidewalks, gutters and paving for the entire Lot. All structures erected

must be of a permanent building material and must include adequate toilet facilities

for Owners and/or occupants and their employees. No building shall be used or

occupied as living quarters except for bonafide hotels and motels.

14.3 Use Restrictions

for Areas Zoned Commercial . The use restrictions for areas zoned Commercial

shall be as follows: retail businesses or services; parking lots and parking

garages; hotels, offices, banks, theaters; wholesaling; dry cleaning plants;

newspaper offices, printing establishments; public buildings; gasoline service

stations; funeral parlors; auto sales and repair service; bus and truck terminals;

tourist courts, motel and apartment motels, baking establishments; radio or

television studios and transmission towers; recreation and entertainment facilities;

or any other business the operation of which is not noxious, offensive, or injurious

to the properties or the occupants thereof in districts of higher restrictive

classifications by reason of the emission of odor, dust, dirt, smoke, gas, fumes,

cinders, noise, refuse matter, vapor, vibration, radioactive or other similar

substance or conditions; provided, however, that site development plans accompany

the user application for building permits and use and plans are approved by

Avatar, the DCB and the applicable County. The use restrictions shall be at

least as restrictive as the restrictions imposed on areas zoned or subsequently

zoned Commercial under the applicable County Zoning Code. Further, no gasoline

stations or service stations shall be permitted in areas designated Commercial

unless approved in writing by Avatar.

14.4 Party Walls .

When and where the use of a party wall is not in conflict with the laws and

regulations governing fire protection, party walls are permissible in a Commercial

Building by the mutual consent of all parties concerned.

14.5 Modification or

Waiver . The above restrictions shall refer in general to all Commercial

property in Poinciana Subdivision. These restrictions may be modified and waived

where a developer can demonstrate an adequate or more desirable solution to

the satisfaction of the applicable County, Avatar and the APV. Without limiting

any other provision hereof, the DCB must approve all Commercial building site

plans.

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DEEDS OF RESTRICTION WHICH ARE OF NO FURTHER FORCE OR EFFECT

Original Polk Deeds of

Restriction : Deed of Restrictions executed by GAC Properties, Inc. recorded

in Official Records Book 1384 at Page 58; as amended by Amendment to Deed of

Restrictions recorded in Official Records Book 1401 at Page 50; as amended by

Amendment of Deed to Restrictions recorded in Official Records Book 1457 at

Page 799; as amended by Third Amendment to Deed of Restrictions recorded in

Official Records Book 1552 at Page 490; as amended by Fourth Amendment to Deed
Tuesday, June 26, 2007

 -------------------------------------------------------------------------------------------------------------


PREPARED

BY AND RETURN TO:

DENNIS J. GETMAN, ESQ.

ASSOCIATION OF POINCIANA VILLAGES, INC.

401 WALNUT STREET

POINCIANA

KISSIMMEE, FLORIDA 34759-4329

INSTR # 2001165186

OR BK 04805 PG 0410

RECORDED 09/21/2001 11:49 AM

RICHARD M. WEISS CLERK OF COURT

POLK COUNTY

DEPUTY CLERK pvaughan

LARRY WHALEY 107P

OSCEOLA COUNTY, FLORIDA

CLERK OF CIRCUIT COURT

CL 2001137613 OR 1932/2808

DLB Dated 09/21/2001 Time 09:50:11 POINCIANA

SUBDIVISION DECLARATION

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