01/15/2008 09:25 AM Inst rument# 2008-008297 It 1 Page: 55 ...

1 01/15/2008 09:25 AM. Inst rument# 2008-008297 It 1. Book: 6180. Page: 55. Mercedes Homes,Inc. 6905 N. Wickham Rd., Suite 401. Melbourne, FL 32940. Cross-reference to Declaration recorded in Official Records Book 5520,Page 3081, Public Records of Volusia County, Florida FIRST AMENDED AND RESTATED DECLARATION OF. COVENANTS,CONDITIONS AND RESTRICTIONS. FOR. TUSCANY WOODS. THIS FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TUSCANY WOODS,is hereby made on the date hereinafter set forth. WITNESSETH: WHEREAS,TUSCANY WOODS COMMUNITY DEVELOPERS,INC., a Florida corporation is the Declarant under that certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Tuscany Woods as recorded at Official Records Book 5520, Pages 3081 through 3121,Public Records of Volusia County, Florida (hereinafter referred to as the "Original Declaration"); and WHEREAS, MERCEDES HOMES,INC.

2 , a Florida corporation, is successor in interest to TUSCANY WOODS COMMUNITY DEVELOPERS, NC., by virtue of that certain Assignment of Permits and Development Rights and Bill of Sale dated February 24, 2006 (the "Assignment") and recorded March 13, 2006 in Official Records Book 5784, Page 2942 in the Public Records of Volusia County, Florida WHEREAS,the Original Declaration encumbers all of that certain property in Volusia County, State of Florida, as more particularly described in Exhibit"A" attached hereto and incorporated herein by reference (the Property") a portion of Property is more particularly described in the plat ofTUSCANY WOODS,as recorded in Map Book 51, Pages 71-76, Public Records of Volusia County, Florida; and. WHEREAS,TUSCANY WOODS HOMEOWNERS ASSOCIATION,INC.

3 , a Florida Not-For-Profit Corporation was created to act as the community association for the Tuscany Woods subdivision; and WHEREAS,it has now been determined that the Original Declaration needs to be amended by this FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, Inst rument# 2008-008297 # 2. Book: 6180. Page: 56. CONDITIONS AND RESTRICTIONS FOR TUSCANY WOODS as set forth herein below, which amendment is consistent with the general development plan for the Properties set forth in the Original Declaration; and WHEREAS, this FIRST AMENDED AND RESTATED DECLARATION OF. COVENANTS, CONDITIONS AND RESTRICTIONS FOR TUSCANY WOODS was properly adopted by the members of the Association Pursuant to Article I, Section 4 and Article VIII, Section 2, ofthe Original Declaration and Florida Statutes Section (4)(2007).

4 NOW,THEREFORE,in consideration of premises and covenants herein contained, the Members ofthe Association declare that the Properties are and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, and liens set forth in this FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TUSCANY WOODS as the same may from time to time be amended in the future, and that such covenants and restrictions shall run with the real property and be binding on all parties having any right, title or interest in the Properties as defined herein, including their heirs, personal representatives, successors and assigns. This FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TUSCANY WOODS specifically and completely supersedes and replaces the Original Declaration.

5 ARTICLE 1. DEFINITIONS. The following words when used in the Declaration, as defined herein, or any amendment, supplement or modification thereto (unless the context shall prohibit) shall have the following meanings: Section "Articles of Incorporation" or "Articles" shall mean and refer to the Amended and Restated Articles ofIncorporation of Tuscany Woods Homeowners Association, Inc., as they may be amended from time to time. A copy ofthe existing Articles ofIncorporation are attached hereto as Exhibit"B". Section "Assessment" shall mean and refer to those charges made by the Association, from time to time, against each Lot within the Properties for the purposes, and subject to the terms, set forth herein, whether made regularly and in proportional amounts as to each Lot, or as an assessment against a single Lot or a limited number of Lots, and shall mean, but not be limited to, all assessments, fees or charges described in Article 6 ofthis Declaration.

6 Section "Association" shall mean the Tuscany Woods Homeowners Association, Inc., a Florida corporation not-for-profit. 2. Instrument# 2008-008297 # 3. Book: 6180. Page: 57. Section "Board" shall mean the Board of Directors ofthe Association. It is the aws body responsible for the administration of the Association, selected as provided in the By-L. and generally serving the same role as the board of directors under Florida corporate law, Section "Builder" shall mean any natural person, corporation, partnership, trustee or other legal entity who purchases one or more Lots for the purpose of constructing improvements for later sale to Owners. A Builder is also an Owner. Section "By-Laws" shall mean and refer to the By-Laws ofthe Tuscany Woods Homeowners Association, Inc., as they may be amended from time to time.

7 A copy of the existing By-Laws are attached hereto as Exhibit"C". Section "Common Areas" shall mean and refer to all real and personal property, use including easements, which the Association owns, leases or otherwise holds possessory or rights in for the common use and enjoyment ofthe Owners including, but not limited to, those J and N. areas ofland which are listed on the Plat ofTUSCANY WOODS as Tracts C,D,E, F,I, the and those areas that are within the plat boundary but are neither part ofthe Lots nor part of dedicated lands. The Association, by and through its Board of Directors, may in its sole discretion maintain, transfer and assign legal ownership ofthe Common Areas, and may rights mortgage the same, subject only to the use rights granted herein to the Owners, which use shall not be construed to create in any Owner a legal interest in and to such Common Areas.

8 Common Areas shall not be subject to assessment by the Association. Section "Conservation Area" or "Conservation Easement Area" shall mean and refer to all such property designated as Tracts A,B and M upon the plat of Tuscany Woods. The Declarant reserves the right to add lands to the Conservation Easement Area. Section "Declaration" shall mean this instrument, the FIRST AMENDED AND. RESTATED DECLARATION OF COVENANTS, AND CONDITIONS FOR TUSCANY. WOODS,as such may be amended and supplemented from time to time as provided herein. Section "Design Guidelines" refers to a document promulgated by the Declarant, Board or Architectural Review Board to implement, expand upon, and further clarify architectural and modification issues related to Lots and their Owners as set forth in this Declaration.

9 Section "Developer" or "Declarant" shall mean MERCEDES HOMES,INC., a Florida corporation, and its successors or assigns as designated in writing by the Developer. Section "Director" shall mean a member ofthe Board of Directors of the Association. Section "Governing Documents" shall mean a collective term referring to this ons as Declaration, the Articles, the By-Laws, the Design Guidelines and the Rules and Regulati such documents may be amended from time to time. 3. Instrument# 2008-008297 # 4. Book: 6180. Page: 58. Section "Lot" shall mean and refer to any plot ofland shown on the Plat for TUSCANY WOODS which has been designated by the Developer to contain a Residence. The word Lot shall also include the Residence and all other improvements located thereon when such have been constructed on the Lot.

10 Section "Member" shall mean and refer to a Member ofthe Association, which shall include the Developer and the Owners of all Lots. The Developer and each person hereafter owning a vested interest in the fee title to any Lot, which interest is evidenced by a recorded and valid instrument in the Public Records of Volusia County, Florida shall automatically be Members ofthe Association and such membership shall be terminated without the necessity of any formal action upon the recording of a valid instrument terminating or transferring the vested, present interest of such person in a Lot to another. Membership in the Association shall be and is appurtenant to and may not be separated from ownership of any Lot. Section "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, ofthe record fee or undivided fee interest in any Lot located within the Properties, but shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu offoreclosure.