SUMMERTREE VILLAGE

CERTIFICATE OF DEDICATION

GILCREASE HILLS, VILLAGE II, PART OF BLOCK 18, BLOCK 20 AND BLOCKS 21 - 25: * As Amended, January 19, 1984, June 8, 1984, January 26, 1987

KNOW ALL MEN BY THESE PRESENTS:

That GILCREASE HILLS DEVELOPMENT CORPORATION, an Oklahoma Corporation (hereinafter sometimes called "grantor"), is the owner of the following described real estate:

A tract of land, situated in the W 1/2, SE 1/4 and S 1/2, NE 1/4 and SE 1/4, NW 1/4 of Section 27, T2ON, Rl2E, of the Indian Base and Meridian, said tract being more particularly described by metes and bounds as follows, to-wit :

Beginning at the NW Corner of the SE 1/4, Section 27, Township 20 North, Range 12 East: thence North 0E 19' 46"E East a distance of 60'00": thence North 89E13'01" West a distance of 30.00';thence North 0E18'46" East a distance of 310.20', to a point of curvature: thence along said curve to the right having a central angle of 44E20'47" a radius of 380.00', a distance of 294.12': thence North 44E39'33" East a distance of 0.00' to a point of curvature: thence along said curve to the left having a central angle of 16E03'01" a radius of 600' a distance of 168.08': thence South 29E49'07" East a distance of 250.23': thence South 2E24'19" West a distance of 149.27': thence South 58E38'47" West a distance of 224.76': thence North 32E28'24" West a distance of 404.08': thence South 44E39'33"

West a distance of 170.93' to a point of curvature: thence along said curve to the left having a central angle of 44E20'4" a radius of 320.00' a distance of 247.68': thence South 83E08'42" East a distance of 213.37 feet: thence South 23E23'47" East a distance of 171.42 feet: thence South 3E00'19" East a distance of 197.70 feet:

thence South 9E14'41" East a distance of 130.30 feet: thence North

63E26'59' East distance of 92.40 feet: thence South 89E43'32" East a distance of 278.01 feet: thence South 21E52'40" East a distance of 292.79 feet: thence South 54E36'14" East a distance of 114.67 feet: thence South 80E39'26" East a distance of 234.77 feet: thence South 0E57'04" East a distance of 105.00 feet to a point: thence North 89E02'56' East a distance of 0.00 feet to a point of curvature: thence along said curve to the left having a central angle of 49E38'18' a radius of 275.00' a distance of 238.25 feet thence North 39E24'38" East a distance of 56.49 feet to a point of curvature: thence along said curve to the right having a central angle of 8E59'42" a radius of 125.00', a distance of 51.02 feet: thence North 54E56'10' West a distance of 265.35 feet: thence North 22E42'44" West of distance of 196.76 feet: thence North 83E07'18" East of distance of 40.68 feet: thence North 59E35'33" East a distance of 163.73 feet: thence North 53E37'46" East a distance of 103.10 feet: thence South 36E22'14" East a distance 135.00 feet: thence North 53E37'46' East a distance of 439.15 feet: thence North 77E58'53" East a distance of 189.64 feet: thence South 10E58'27" East a distance of 504.22 feet: thence South 19E53'07" East a distance of 135.13 feet: thence South 59E49'33" West a distance of 212.94 feet: thence South 70E11'32" West a distance of 60.00 feet to a point: thence North 19E48'28" West a distance of 0.00 feet to a point of curvature: thence along said curve to the left having a central angle of 41E11'32" a radius of 251.63 feet a distance of 180.91 feet; thence North 61E00'00" West a distance of 75.00 feet to a point of curvature: thence along said curve to the right having a central radius of 488.08 feet a distance of 59.80 feet; thence South 38E57'20" West a distance of 12.20 feet to a point of curvature: thence along said curve to the right having a central angle of 21E13'58" a radius of 291.75 feet a distance of 108.12 feet: thence South 60E11'18" West a distance of 106.87 feet to a point of curvature : thence along said curve to the left having a central angle of 20E46'40" a radius of 275.00 feet a distance of 99.73 feet; thence South 39E24'38" West a distance of 56.49 feet to a point of curvature: thence along said curve to the right having a central angle of 16E09'20" a radius of 325.00 feet a distance of 91.64 feet: thence South 30E01'23" East a distance of 11.82 feet to a point of curvature: thence along said curve to the right having a central angle of 22E55'16" a radius of 271.63 feet a distance of 108.67 feet to a point of compound curvature; thence along said curve to the right having a central angle of 8E57'12" a radius of 210.00 feet a distance of 12.82 feet; thence South 89E24'54" East a distance of 144.36 feet: thence South 17E24'44" East a distance of 189.48 feet; thence South 29E59'24" West a distance of 124.59 feet; thence South 56E10'22" West a distance of 251.28 feet; thence North 19E41'19" West a distance of 249.03 feet to a point; thence South 74E31'35" West a distance of 0.00 feet to a point curvature; thence along said curve to the right having a central angle of 21E10'25" a radius of 210.00 feet a distance of 77.61 feet; thence North 84E18'00" West a distance of 289.00 feet to a point of curvature: thence along said curve to the right having a central angle of 19E40'54" a radius of 370.00 feet a distance of 177.42 feet: thence North 64E34'06" West a distance of 43.90 feet to a point of curvature: thence along said curve to left having a central angle of 24E13'55" a radius of 137.66 feet: thence North 88E48'01" West a distance of 231.30 feet to a point of curvature: thence along said curve to the right having a central angle of 55E14'57" a radius of 178.00 feet a distance of 171.64 feet: thence North 89E35'54" West a distance of 180.35 feet, thence North 8E24'06" East a distance of 741.47 feet to the point of beginning and containing 17.6 acres more or less,

and has caused the same to be surveyed, staked, platted and subdivided into lots, blocks, and streets, and designated the same as Gilcrease Hills, Village II, Part of Block 18, Block 20, and Blocks 21 - 25, a subdivision in Osage County, Oklahoma (hereinafter called "the subdivision").

Easement Grants

The grantor hereby dedicates for public use all the streets as shown on said plat. No vehicular ingress and egress shall be permitted over, through, and across any property or area designated on the above described plant as "limits" of access or a provided, however, that points of access or a portion thereof may be released, changed or altered by an amendment hereof with the approval of the governmental authority having jurisdiction thereof.

Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefor, including any wires, conduits, pipes, valves, meters, and other appurtenances there

to, with the right of ingress and egress upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDING, HOWEVER, that the grantor here reserves the right to construct any and all such utilities and system, and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by grantor, and to authorize the construction; operation and maintenance of any and all such utilities and system, together with the right of ingress and egress therefor over, across, and along all of the public streets and alleys shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and system to the area included in said plat and to any other use.

Restrictive Covenants

as amended:

* January 19, 1984, June 8, 1984 & January 26, 1987

For the purpose of providing an orderly development of the entire tract and for the further purpose of providing adequate restrictive covenants for the mutual benefit f the grantor and its successors in title in the subdivision of said tract, hereinafter referred to as "lots", grantor does hereby impose the following restrictions and reservations and create the following easements to which it shall be incumbent upon its successors and assigns to adhere, to wit:

*1. Land Use. All lots shall be developed and maintained for residential purposes and such development shall be limited to detached single family dwellings the ground floor of the main structure of which, exclusive of open porches and garages, is not less than 1000 square feet. All square footage requirements are to be figured on measurements over masonry of the ground floor.

Certain parcels of the property, identified on said plat as Reserve A through Reserve E, shall be used solely for the purposes of providing pedestrian accessibility and as utility easement for any and all utilities serving the Gilcrease Hills area. Such Reserves shall not be a part of the lots adjacent thereto, but shall be separate parcels the ownership of which shall ultimately be vested in the Gilcrease Hills Area Association (hereinafter called 'Area Association') or a successor corporation thereto.

2. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables, including all supply line (all of which electrical, telephonic and television installations are hereinafter collectively called "cable facilities"), shall be located underground in the easements hereinbefore dedicated for such purposes. All electric transformers and service pedestals shall be located in the said easements as locations approved by the Grantor; they shall be of the on-ground, weatherproof, completely enclosed type. All existing utility lines, poles, transformers and appurtenances shall be excepted from the provisions of this paragraph. Street light poles or standards shall be served by underground cable. Underground cable facilities to a particular dwelling may be run form the nearest service pedestal or transformer to the point of usage determined by the location and construction of the dwelling, provided that upon the installation of such cable facilities to a particular dwelling the supplier of such service shall thereafter by deemed to have a definitive, permanent, effective and exclusive right-of-way easement on said Lot, covering a five-foot strip extending 2.5 feet on each side of such cable facility, extending from the service pedestal or transformer to the service entrance on said dwelling. Such supplier shall at all times have right of access to all easements granted herein for the purpose of installing maintaining, removing or replacing any portion of it s facilities. Each Owner shall be responsible for the protection of the underground cable facilities located on his Lot and shall prevent the alteration of grade or any construction activity which may interfere with said cable facilities. Repairs or costs of relocation required by violation of this covenants shall be paid for by the Owner of such Lot. This covenant shall be enforceable by the suppliers of such cable facilities and the Owner of each Lot agrees to be bound thereby.

* 3. Construction Guidelines. All dwellings shall have an attached, garage or carport, with storage facilities for at least two cars. Colors, materials and finishes shall be coordinated on all exterior elevations of the buildings to achieve total continuity of design. Gutters and down spouts are to be painted to match the surface to which attached, unless used as a major design element, in which case the color is to be consistent with the color scheme of the building. Asbestos shingles or siding and plain concrete block shall not be used as a principal exterior material. Roofing materials on all lots shall be restricted to cedar shingles or composition shingles . Composition shingles shall be restricted to weathered wood colors and minimum weight shall not be less than 240 pounds per square. No composition roofing materials shall be used until actual samples showing color, materials and weight have been submitted to and approved in writing by the New Construction Architectural Review Board as set out in Paragraph 17 of the Certificate of Dedication as amended. No driveways shall be constructed upon any lot which will permit vehicular ingress and egress to Olympia Avenue or Union Avenue.

4. Fencing. No fencing of any type shall be placed closer to the front or side street line than the building set-back lines shown on said plat. Fencing shall not be more than six feet in height and shall be constructed wholly of wooden materials, except that low decorative fencing that does not exceed three feet in height, may be placed between the building line and property line. As set out in paragraph 17 hereof, erection or maintenance of any fence shall be approved by the Architectural Control Committee.

5. Clotheslines and storage. No clotheslines shall be placed on any lot in a location visible from neighboring property or within the public view. No lumber, metals, or bulk materials shall be kept, stored, or allowed to accumulate on any lot or the common area, except building or other materials to be used in connection with the work of construction, alteration or improvement approved in accordance with the term hereof.

6. Antennae and Rooftop Aerials. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot , except by installations inside of structures constructed on said lot, or by underground conduits. 7. Landscaping Guidelines. Each owner shall maintain the slopes on his Lot or parcel at the slope and pitch fixed by the finished grading thereof including watering and planting of the slopes.

8. Care and Maintenance of Lot. The owner of each lot shall keep the same free from rubbish, litter, and noxious weeds. All trash, garbage, or rubbish and litter shall be kept in containers adequate for the purpose and shall be stored on the lot in such a manner as to be out public view until such day as is designated for collection of such material. All structures, landscaping, and improvements from time to time placed upon the lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement for access to make reasonable repairs on adjoining lots and structures thereon; provided, however, that:

(a) Any damage caused by such entry upon a Lot or upon any adjoining property shall be repaired at the expense of the owner whose property was the object of the repair work which caused the same;

(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot; and

(c) In no event shall said easement be deemed to permit entry into the interior portions of any residence.

9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no boats, recreational vehicles, campers, trailers shall be parked upon or in front of any Lot in a location visible from or within public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such boats, recreational vehicles, campers, and trailers. Except as expressly hereinafter provided no boats, automobiles, trailers, or motor-driven vehicles of any kind shall be stored, repaired, rebuilt, dismantled, repainted upon any Lot in an area visible from neighboring property or in public view. Such storage or activities may be performed within garages located on the Lot which screen the sight and sound of the activities from neighboring property or from the street. The foregoing restriction shall not be deemed to prevent the ordinary parking of automobiles in garages, carports, or driveways. No commercial vehicles shall be parked at any time on or in front of any Lot in an area visible from neighboring property or in public view, except as such parking is necessary to make commercial pickups and deliveries.

10. Signs. No sign or other advertising device of any nature whatsoever shall be placed or maintained upon any Lot, except neatly painted "For Sale", "For Rent", or "Open for Inspection" and such other signs as may be authorized by the grantor. All signs shall be subject to regulation by the grantor. Its written approval must be obtained before any signs, whether or not authorized herein, may be erected on any Lot. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot, or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision, and sale of lots or other real property owned by grantor or its designees and contiguous to the property subject hereto; provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof.

11. Nuisances. No noxious, noisesome, or offensive activities shall be carried on upon any lot, nor shall anything be done or kept thereon which may be or become an annoyance or nuisance to the owners or occupants of any one or more neighboring lots.

12. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.

13. Commercial Activity Prohibited. Lots shall not be used for or in connection with the conduct of any trade, business, profession, or commercial activity of any kind or nature whatsoever. No building upon any lot or upon the common area shall be used in the conduct of any real estate business, as in office or otherwise, except that grantor or its designees may maintain model homes and real estate offices for the purpose of selling any lot or lots (improved or unimproved) subject hereto and other real property owned by grantor or persons designated by grantor; provided, however, that the rights of grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.

14. Temporary and Outbuilding structures. Except in connection with the preceding paragraph, no trailer, tent, shack, barn or other outbuilding type structure shall be erected or moved onto any Lot either temporarily or permanently. Not temporary residence or structure of any kind shall be maintained on any Lot; provided however, grantor may erect and maintain temporary buildings used for construction and administration purposes incidental to the initial construction of improvement and dwellings within the subdivision.

15. Membership in Homeowner Association. Any Owner of any Lot within said subdivision shall become a member of the Gilcrease Hills Village II Home Owners Association (hereinafter called "Home Owners Association ") by purchasing a Lot within said subdivision or any extended areas developed by grantor, and memberships therein shall be thereafter appurtenant to the ownership of said Lot. One cannot be transferred without the other. Each and every Lot owner shall have an easement to use the facilities of the Home Owners Association, or of the Area Association (hereinafter collectively called "Associations"), subject , however, to the rules and regulations thereof. Membership in the Home Owners Association shall be subject to assessments for the actual cost of maintenance, repair and upkeep for the common areas of the subdivision which shall include, without limitation, the clubhouse, playground, community street lighting, and the common areas and facilities as designated on the overall developmental plan for Gilcrease Hills. Annual assessments for maintenance, repair and upkeep shall be a lien upon any lot of any owner in said subdivision, and shall be subject to enforcement as provided in the Bylaws of the Home Owners Association. The Articles of Incorporation, Bylaws and rules and regulations of the Association may be examined at the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.

16. Compliance with Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the lots and any additions thereto.

*17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any Lot in the Subdivision, until the building plans specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structures and with the general architectural style of existing structures within the subdivision by a New Construction Architectural Review Board composed of three or more members appointed by TPO, Inc., its successor or the assignee of its right of appointment of the members of the Board. The New Construction Architectural Review Board may require as a condition of giving its approval that such plans and specifications shall comply with such condition as the Board may in the exercise of its reasonable discretion impose as to the type of building materials to be used or other features or characteristics thereof including the finished ground elevation. Should the Board fail to approve or disapprove such plans or specifications within fifteen (15) days after the same have been submitted to it for review then such plans and specifications shall be deemed to have been approved without further action on the part of the Board. The New Construction Architectural Review Board shall have the exclusive right to grant approvals required by the Restrictive Covenants imposed herein and to waive or vary the restrictions in particular aspects whenever in the opinion of the Board such waiver or variance is in the best interest of the owners in the subdivision.

* 18. Replacements or Modification. No existing building or structure within the subdivision may be altered, expanded or modified with respect to the exterior thereof until the plans and specification for such proposed alteration, expansion, or modification have been submitted to and approved by the Architectural Control Committee of the Gilcrease Hills Homeowners Association as provided in Article IX, Architectural Control, of the Bylaws of the Gilcrease Hills Homeowners' Association adopted February 9, 1980 and recorded in Book 609 at Page 259 in the office of the County Clerk of Osage County, Oklahoma.

19. Enforcement. Except as expressly otherwise provided herein, each of the Association, or any owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter proposed by the provisions hereof. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.

20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.

21. Amendment. Covenants and restrictions of this Certificate of dedication shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any lot, their legal representatives, heirs, successors, and assigns, for a term of forty (40) years from the date this Certificate of dedication is recorded, after which time said covenants shall be automatically extended for successive periods of ten 10) years. The covenants and restrictions of this Certificate of dedication may be amended during the first forty (40) year period by an instrument signed by the owners of not less than seventy-five (75%) of the lots, and thereafter by an instrument signed by the owners of not less than seventy percent (70%) of the lots. Any such amendment must by duly recorded to be effective.

23. Inapplicability to Property of Public Entity. The provisions hereof shall be inapplicable to any property now owned or hereafter acquired by the State of Oklahoma or any political subdivision thereof.

IN WITNESS WHEREOF, The undersigned, being the grantor herein, has hereunto set its hand and seal this 23rd day of February 1978.

GILCREASE HILLS DEVELOPMENT CORPORATION

By George D. Thurman

Vice President

ATTEST:

Glen Sams

Asst. Secretary

(SEAL)

STATE OF OKLAHOMA)

) ss.

COUNTY OF TULSA )

On this 23rd day of February, 1978, before me, the undersigned a Notary Public in and for the County and State aforesaid, personally appeared GEORGE D. THURMAN, to me known to be the identical person who subscribed the name of GILCREASE HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of Dedication as its Vice President, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and purposed therein set forth.

Given under my hand and seal of office the day and year last above written.

Kay Zirkle

Notary Public

My Commission Expires:

June 1, 1981

(seal)

CERTIFICATE OF SURVEY

I, the undersigned J. T. Barger, Registered Land Surveyor, State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above described real estate and premises dedicated as Gilcrease Hills, Village II, Part of Block 18 and 20, and Blocks 21 through 25, a subdivision in Osage County, State of Oklahoma, and that the above plat is a true representation of said survey.

Dated on this 28th day of February, 1978

J. T. Barger

STATE OF OKLAHOMA )

) SS.

County of Tulsa )

Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 28th day of February, 1978, personally appeared J. T. Barger, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.

Given under my hand and seal of office the day and year last above written.

Cheryl Fuqua

Notary Public

My commission expires:

June 23, 1981

I do hereby certify that there are no unpaid taxes on Gilcrease Hills, Village II, Part of Block 18 and 20, and Blocks 21 through 25.

Nezzie Horn

Osage County Treasurer