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1 Board Resolution for Covenant Enforcement May 2017 WHEREAS, the Applewood Heights Homeowners Association ("Association") is governed by those certain Bylaws, dated January 27, 1982, which provide at Section 3, paragraph A, subparagraph 2 that "the affairs of the [Applewood Heights Homeowners Association] and its assets and other property shall be managed exclusively by a board of five directors...."; and WHEREAS, the Bylaws further provide, at Section 3, paragraph C, subparagraph 5 that, "Each director shall be entitled to cast one vote in person on any matter or questions voted upon."; and WHEREAS, the Bylaws further provide, at Section 3, paragraph D that "[T]he Board of Directors may, in place of holding any meeting, by unanimous written consent dispose of any matter or questions."; and WHEREAS, on April 28, 2017, Sara Komen resigned as a director of the Board; and WHEREAS, as of May 1, 2017, the Board consists of the following four directors: Aric Wenzl; Joan Luebbert; Mike Palmer; and Paul Shoomaker; and WHEREAS, the lot owner of Lot 100 (the "Lot Owner") installed nonconforming roofing materials that were not otherwise approved by the Association's Architectural Control Committee (the "Violation"), as demonstrated in Exhibit A; and WHEREAS, the Lot Owner received a Demand Letter, attached hereto as Exhibit B, providing it 60 days to remedy the Violation, but Lot Owner has not remedied the Violation; and WHEREAS, by unanimous written consent, the Board of Directors has voted in favor of taking appropriate legal action against the Lot Owner for installing nonconforming roofing material; and IT IS HEREBY RESOLVED that the taking of legal action against the Lot Owner for installing nonconforming roofing material is an official act of the Association. VOTES IN FAVOR: VOTES OPPOSED: The requisite unanimous votes being in favor, this resolution and the aforementioned legal action against the Lot Owner is hereby approved, effective this 1st day of May, [signature page to follow]

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3 MfM917-7, Applewood Heights Homeowner s Association CHITECTURAL CONTROL COMMITTEE MINOR STRUCTURAL CHANGE APPROVAL REQUEST FORM lordrfatritivell ritinill I-00) - 5)ThirTIA-Cn r 1Lni- if 160 1\ I DYL} I:4624P ec't --V-tt-1e ROOF UFACIIMER'S RSION OF WO UFACTUREIM ) LEASE SUBMIT THIS FORM BY EITHER ING IT TO: ArchitecturalContro1Committee@ApplewoodHOA.com - MAILING IT TO: Applewood Heights Homeowner's Association P.O. Box 615 Boys Town, NE TERM PROJECT UESTED START DATE 2_ !MATED COMPLETION DATE IEE YOU THE OWNER OF THE ROPERTY7 F.' YES n NO ri LANDSCAPING FENCE (1 EXTERIOR PAINT / SIDING DECK [ I SATELLITE DISH INSTALL {-7 OTHER gevitud Mkt fio Insurana. warmq v40,fitc) tt, (AAA( ivnt gml tc. z, vvrylv,e, ActiCb Un VkLus-t, Wt- KM-or covtu -klac*- voof- on cnclase, VAC. VlotA G a knks_ crlft-u-a. r Jx4,51-- Lu.Rei S IL) tottl W-- or cat Appelt, oyiwo) ro _A L yiwrect_ DO NOT FT(t IN THIS SPACE - ACC USE WY Applewood Heights Homeowners Association, Inc Architectural Control Committee DENIED Date I ) o2-t\, 1 Zr. By /4, a /1? a E. I CERTIFY THE ABOVE INFORMATION IS A TRUE AND ACCURATE REPRESENTATION OF THE SCOPE OF THE PROJECT TO BE COMPLETED ON THE IDENTIFIED LOT WITHIN THE APPLEWOOO HEIGHTS DEVELOPMENT. I UNDERSTAND THAT ADDITIONAL INFORMATION, SAMPLES, PLANS, AND OTHER ITEMS MAY BE REQUESTED BY THE ARCHITECTURAL CONTROL COMMITTEE, PRIOR TO CONSIDERATION OF APPROVAL OF THE AFOREMENTIONED PROJECT. I UNDERSTAND THAT THE PROJECT MUST BE APPROVED BY THE ARCHITECTURAL CONTRUt. COMMITTEE BEFORE THE COMMENCEMENT OF ANY PORTION Of THE AFOREMENTIONED PROJECT to TE)

4 FINAL INVOICE PORTILLO CONSTRUCTION LLC., GIRRARD STREET OMAHA, NE PHONE:1402) Mirandacontractinghotma INVOICE NO. [120] DATE October 10, 2016 CUSTOMER ID [ABC12345] TO DELIA FLORES NOLASCO WASHINGTON DRIVE OMAHA, NE PHONE: (402) [Phone] SALESPERSON JOB PAYMENT TERMS DUE DATE OSCAR MIRANDA ROOF REPLACEMENT Due upon receipt 10/8/16 QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL 34 SQ 102 BUNDLES OF CASTLE BROOK 35 YR ATLAS DESERT SHAKE $ 8, S 8, NEW SKYLIGHT RIGHT SIDE PF HOUSE SLANT VENTS 8 ROLLS OF ICE Et WATER SHIELD 10 ROLL OF UNDERLAYMENT FELT 30 GUTTER APRON 2 BOOT PIPE 4" 2 BOXES OF COIL ROOFING NAILS 2 BOXES OF PLASTICAP 5 TUBES OF COULKIN 11 BUNDLES OF HIP Et RIDGE 3 BUNDLES OF STARTERS TRIP PAID FULL SUBTOTAL $ 8, SALES TAX TOTAL $ 8, THANK YOU FOR YOUR BUSINESS!

5 EXHIBIT BRODKEY, PEEBLES, BELMONT & LINE, LLP ATTORNEYS AT LAW Bruce H. Brodkey Edith T. Peebles, P.C. Benjamin M. Belmont Lisa M. Line Wm. Oliver Jenkins Tosha Rae D. Heavican bbrodkey(cacolaw.com Two Old Mill, Suite West Dodge Road Omaha, Nebraska Telephone: (402) Facsimile: (402) Sent via certified and regular U.S. mail Delia Flores-Nolasco & Lorenzo Herrera Rodriguez Washington Drive Omaha, Nebraska RE: Non-Conforming Roof Dear Ms. Flores-Nolasco & Mr. Rodriguez: March 8, 2017 Our office represents Applewood Heights Homeowners Association, Inc. ("Applewood Heights HOA") with reference to the installation of non-conforming shingles upon the roof of your home. As residents of the Applewood Heights neighborhood, we are certain that you are aware of the covenants governing external improvements to your home. The covenants explicitly state that no exterior improvement to your residence, can be built, erected, placed or altered without first seeking approval of the Architectural Control Committee. Upon receiving the application seeking approval of an improvement, the Architectural Control Committee is to consider not only the architectural character, color and external design and like matters, but also there are only certain types of roofs that will be allowed. Roof types which are in compliance with the covenants are set forth in a Second Amendment to Declaration of Covenants, Conditions and Restrictions for Applewood Heights, and are easily accessible to homeowners on the Applewood Heights HOA website. According to the information supplied to our office by Applewood Heights HOA, a letter was left with you, dated November 18, 2016, regarding the installation of a new roof upon your home without first seeking approval from the Architectural Control Committee. The Applewood Heights HOA Board of Directors respectfully requested that you submit an application to the Architectural Control Committee for the change to the roof. The Architectural Control Committee eventually received your application on or about, November 30, However, due to the noticeably non-compliant shingles installed, the Architectural Control Committee was left with no other option but to deny your approval request. You are hereby notified that within sixty (60) days of the date of this letter, you

6 Page Two Ms. Flores-Nolasco & Mr. Rodriguez Re: Non-Conforming Roof February 20, 2017 are required as follows: 1. Secure the Architectural Control Committee approval of roofing material and of such type that is approved by the current amendments to the Declaration of Covenants, which will require re-submission of the applicable application forms to the Architectural Control Committee so that the main roof and the porch roof will be of the same. 2. Within that sixty (60) day period, and following approval, submit a plan for approval to the Applewood Heights HOA Board of Directors, outlining when a conforming roof can be expected to be completed. Applewood Heights HOA takes the responsibilities of the Architectural Control Committee and the covenant restrictions seriously. The covenants and by-laws and the procedures for submitting requests for improvement are essential to maintain the quality of the entire neighborhood. You are, therefore, notified that if approval of conforming roofing materials is not received by the Architectural Control Committee, and a plan approved by the Applewood HOA Board of Directors, outlining when it can be expected you will replace the roof, we have been authorized to commence any legal action that is required to enforce the covenants, as well as any other legal or equitable remedy provided by the by-laws or at law. We assume that you will commence the necessary activities upon receipt of this letter. If you should have any specific questions regarding this letter, please be certain to contact the undersigned. We thank you in advance for your cooperation. Yours very truly, Wm. Oliver Jenkins Brodkey, Peebles, Belmont & Line, LLP Cc: Aric W. Wenzl, President Applewood Heights HOA