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HomeMy WebLinkAboutCovenants & RestrictionsMASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SANCTUARY AT 116TH STREET THIS MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE SANCTUARY AT 116T" STREET (hereafter "Master Declaration"), made this 2Y day of February, 2009, by and between (i) PLATINUM PROPERTIES, LLC, an Indiana limited liability company ("Platinum") and (ii) Paul E. Shoopman and Shelly E. Shoopman (collectively the "Shoopmans"). WITNESSETH: WHEREAS, Platinum owns most of the real estate located in Hamilton County, Indiana, and more particularly described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate"); the Shoopmans own a part of the Real Estate; and Platinum and the Shoopmans shall hereafter collectively be referred to as the "Title Holders"; WHEREAS, the real estate located in Hamilton County and more particularly described in what is attached hereto and incorporated herein by reference as Exhibit "B", along with all real estate contiguous therewith, shall hereafter be referred to as the "Additional Real Estate". WHEREAS, the Title Holders desire to impose certain covenants, conditions and restrictions on the Property and to irrevocably appoint and designate Platinum to be the Declarant herein; and, WHEREAS, the word "Property" shall hereinafter mean and refer to the Real Estate together with such portions of the Additional Real Estate as may be made subject to this Master Declaration per the terms of Article IV below. NOW, THEREFORE, the Title Holders hereby irrevocably appoint and designate Platinum to be the Declarant in this Master Declaration, to have and possess all rights and powers of the Declarant as set forth in this Master Declaration, and the Title Holders further declare that all of the Lots (hereafter defined) in the Property, as they are held and shall be held, conveyed, hypothecated, or encumbered, leased, rented, used, occupied, and improved, are subject to the following covenants, conditions, and restrictions, all of which are declared to be in furtherance of a plan of the improvement and sale of the Property and each Lot situated therein, and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property as a whole and each of the Lots situated therein. This Master Declaration shall run with the Property and shall be binding upon the Title Holders, its successors and assigns, and upon the parties having or acquiring any interest in the Property or any part or parts thereof subject to these restrictions. The covenants, conditions and restrictions shall inure to the benefit of the Title Holders and their successors and assigns in title to the Property or any part or parts thereof. 2009016948 DECLARATIO $113.00 03/26/2009 09:08:11A 51 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented ARTICLE I DEFINITIONS The following are the definitions of the terms as they are used in this Master Declaration: Section 1.1 "Amenity Area" shall mean (i) all walking paths constructed or to be constructed within the Common Areas and (ii) Common Area Block E, as designated on a Plat, which Common Area Block E may include, in the discretion of the Declarant some or all of the following: (i) swimming pool(s), (ii) a bath house, (iii) sports field(s), (iv) tennis court(s), (v) playground(s), and (vi) other improvements. Section 1.2 "Association" shall mean the The Sanctuary at 116th Street Homeowners Association. Inc., a not -for -profit corporation, the membership and power of which is more fully described in Article XI of this Master Declaration. Section 1.3 "Board" or "Board of Directors" shall mean the Board of Directors of the The Sanctuary at I I6th Street Homeowners Association, Inc. Section 1.4 "Builder" shall mean a person or entity regularly engaged in the business of constructing single family residences for sale and responsible for the original construction of a residence on a Lot. Section 1.5 "Committee" shall mean the Development Standards and Architectural Control Committee, as more fully described in Article VIII of this Master Declaration. Section 1.6 "Common Area" shall mean those areas (i) designated on current and future Plats as a "Block", "Common Area", "C.A.", (ii) the Private Street, and (ii) any other areas designated by the Declarant for the common use and enjoyment of the residents of the Development. Section 1.7 "Common Area N" shall mean what is identified as Common Area N in the Plat of Section 3 of The Sanctuary which Plat is recorded or to be recorded with the Recorder of Hamilton County, Indiana and which Plat (i) includes all of the real estate comprising The Estates at The Sanctuary (defined below) and (ii) includes the Limited Common Facilities. Section 1.8 "Declarant" shall mean PLATINUM PROPERTIES, LLC and its successors and assigns. Section 1.9. "Development Period" shall mean the period of time commencing with Declarant's acquisition of the Property and ending on the Turnover Date specified in Article XI below. Section 1.10 "Exempt Builder" shall mean Paul Shoopman Home Building Group, Inc., an Indiana corporation, Paul Shoopman Custom Homes, Inc., an Indiana corporation, and affiliated companies under the control of Shoopmans. Section 1.11 "Lake Area" shall mean any Common Area, or portion thereof, on which a Lake now exists or is later constructed by Declarant and "Lake" means a body of water which now exists or is later constructed by Declarant in a Lake Area. Section 1.12 "Lake Lot" shall mean any Lot which has a front, rear or side lot line which is contiguous with a Common Area in which a Lake is located. Section 1.13 "Lake Lot Strip" shall mean that portion of a Common Area which is contiguous with the front, rear and/or side lot line of a Lake Lot and which is located between such front, rear and/or side lot line and the water level of a Lake. Section 1.14 "Lease" or "Leased" shall mean any arrangement, whether consensual or not, by which a Lot and the Residence thereon is not occupied by the Owner of such Lot, the Declarant, a Builder or, in the case of the sale of a Lot pursuant to a land contract, the contract purchaser; provided, however, that (i) when the Owner of a Lot is a trust, a Lease shall not exist where the Lot is occupied or possessed by the trustee(s) of such trust and (ii) when the Owner of the Lot is a Person other than a trust or an individual(s), a Lease shall not exist where the Lot is occupied by the owner(s) of such other Person other than a trust or an individual.. Section 1.15 "Limited Common Facilities" shall mean (i) the Private Street (defined below) located within what is designated as Common Area N (defined below), (ii) the faux guardhouse located within Common Area N, and (iii) the gates and attached fencing located at the entrance to The Estates at The Sanctuary (defined below). Section 1.16 "Lot" shall mean any homesite, for the construction of a Residence, identified on a Plat that is recorded in the Office of the Recorder of Hamilton County, Indiana. Section 1.17 "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Property, including contract sellers, but otherwise excluding those having such interest merely as security for the performance of an obligation. Unless specifically indicated to the contrary, the term "Owner" shall include the Declarant. Section 1.18 "Person" shall mean an individual, firm, corporation, partnership, association, trust or other legal entity or any combination thereof. Section 1.19 "Plat" shall mean the subdivision plats of the Property which are recorded with the Recorder of Hamilton County, Indiana. Section 1. 20 "Private Street" shall mean the asphalt paving and the concrete curbs which together constitute the street located in what is designated as Common Area "N", together with all medians and islands located therein. Section 1.21 "Residence" shall mean any structure intended exclusively for occupancy by single family together with all appurtenances thereto, including private garage and �5 3 recreational facilities usual and incidental to the use of a single family residential lot Section 1.22 "Special Use" shall mean any use defined or identified in any applicable zoning ordinance as a "Special Use". Section 1.23 "Supplemental Association" shall mean the nonprofit corporation established pursuant to the Supplemental Declaration to carry out functions specified in the Supplemental Declaration. Section 1.24 -Supplemental Declaration" shall mean the Supplemental Declaration of Covenants, Conditions and Restrictions which may be recorded and which, in addition to this Master Declaration, shall be applicable to The Estates at The Sanctuary. Section 1.25. "The Estates at The Sanctuary'" shall mean and refer to a gated neighborhood located within the Property in the area legally described in what is attached hereto and incorporated herein by reference as Exhibit C. Section 1.26 "The Sanctuary at 121" Street" shall mean and refer to the residential subdivision which is developed on the land and which is described in what is attached hereto and incorporated herein by reference as Exhibit D. Section 1.27 ``The Sanctuary at 121 st Street Homeowners Association, Inc." shall mean and refer to the homeowners association established as a nonprofit corporation in connection with the Declaration of Covenants, Conditions and Restrictions for The Sanctuary at 121 s` Section 1.28 "The 121s' Street Declaration" shall mean the Declaration of Covenants, Restrictions and Easements for The Sanctuary at 121`t recorded with the recorder of Boone County, Indiana with respect to The Sanctuary at 121st Street, as instrument number 200600010917, as amended by that certain First Amendment to Declaration of Covenants, Restrictions and Easements for The Sanctuary at 121" recorded with the Recorder of Boone County, Indiana, as Instrument Number 200800010298. ARTICLE II CHARACTER OF THE DEVELOPMENT Section 2.1 In General. Lots may be used only for single family residential purposes. All Property located within a Plat which has not been designated by numbering shall be used in a manner determined by the Declarant. Lots may be used only for single-family residential purposes and only one Residence may be constructed thereon. No portion of any Lot may be sold or subdivided such that there will be thereby a greater number of Residences in the Property than the number of Lots depicted on the Plat. Notwithstanding any provision in the applicable zoning ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and necessary to single family residential purposes. Section 2.2 Other Restrictions. All Property shall be subject to the easements, restrictions, and limitations of record and rights -of -way, and also to all governmental zoning authority and regulation affecting the Property, all of which are incorporated herein by reference. ARTICLE III MASTER DECLARATION AND RELATION TO SUPPLEMENTAL DECLARATION AND SUPPLEMENTAL ASSOCIATION Section 3.1 Master Declaration. Declarant hereby expressly declares that the Property and any additions thereto pursuant to this Article III shall be held, transferred, and occupied subject to this Master Declaration. The Owner of any Lot, subject to (i) acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant or a subsequent Owner of such Lot, or (ii) by the act of occupancy of any Lot shall accept such deed, execute such contract and/or take such occupancy subject to this Master Declaration. By acceptance of such deed or execution of such contract, each Owner acknowledges the rights and powers of Declarant and of the Association with respect to this Master Declaration and also for itself, its heirs, personal representatives, successors and assigns, covenants, agrees and consents to and with Declarant, the Association, and the Owners and subsequent Owners of each of the Lots, affected by this Master Declaration to keep, observe, comply with and perform such Master Declaration. Section 3.2 Relation to Supplemental Declaration. This Master Declaration is intended primarily to address areas of common concern and benefit to all Owners in the Property. In addition to this Master Declaration, the Supplemental Declaration applies to The Estates at The Sanctuary. Except as expressly provided in such Supplemental Declaration (and where necessary approved by Declarant), in the event of a conflict between the terms of this Master Declaration and the Supplemental Declaration, the terms of this Master Declaration shall control; provided, however, that nothing in this Master Declaration shall preclude the Supplemental Declaration from containing additional restrictions which are more restrictive than the provisions of this Master Declaration and, in such case, the more restrictive shall control. ARTICLE IV ADDITIONS TO AND WITHDRAWALS FROM THE PROPERTY Section 4.1 Additions. As of the date of the execution of this Master Declaration the Property consists solely of the Real Estate. Declarant shall have the right, and hereby reserves on to itself the unilateral right, at any time, and from time to time, at any time prior to the end of the Development Period, to add to the Property and subject to this Master Declaration all or any part of the Additional Real Estate . Any portion of the Additional Real Estate shall be added to the Property, and therefore and thereby becomes a part of the Property and subject in all respects to this Master Declaration and all rights, obligations, and privileges herein, when Declarant places of record in Hamilton County, Indiana, a written instrument so declaring the 5 same to be part of the Property, which written instrument may be a Master Declaration of annexation contained in a Plat, or an amendment or supplement to this Master Declaration. Any such written instrument may contain modifications hereto and additional terms, conditions, restrictions, maintenance obligations, and assessments as may be necessary to reflect the different character, if any, of the Additional Real Estate. Upon recording of any such instrument on or before the end of the Development Period, the real estate described therein shall, for all purposes, thereafter be deemed a part of the Property and the Owners of any Lots within such real estate shall be deemed for all purposes, to have and be subject to all of the rights, duties, privileges, and obligations of Owners and Lots within the Property. No single exercise of Declarant's right and option to add and expand the Property as to any part or parts of the Additional Real Estate shall preclude Declarant from thereafter from time to time further expanding and adding to the Property to include other portions of the Additional Real Estate, and such right and option of expansion may be exercised by Declarant from time to time as to all or any portions of the Additional Real Estate (i) so long as such expansion is accomplished on or before the end of the Development Period and (ii) so long as, at the time of each such expansion, either the portion of the Additional Real Estate to be amended is titled in the name of the Declarant or the title holder to the portion of the Additional Real Estate to be annexed consents in writing to such annexation. Section 4.2 Withdrawals. So long as the Declarant has a right to annex Additional Real Estate pursuant to Section 4.2, the Declarant, with the written consent of Paul E. Shoopman for so long as the Exempt Builder owns any part of the Property, reserves the right to amend this Master Declaration for the purpose of removing any portion of the Property, which has not yet been improved with Residences, from the coverage of this Master Declaration. Such amendment shall not require the consent of any Person other than Shoopmans, for as long as Exempt Builder or Shoopmans own a Lot or own an Interest in the Property, and Owner(s) of the property to be withdrawn. ARTICLE V EASEMENTS Section 5.1 Designated Easements. The following are easements designated or to be designated, in the Declarant's sole discretion, upon a Plat: (A) Designated Drainage, Utility, and Sewer Easements. Strips of ground designated on the Plat as drainage easements, utility easements, sewer easements, sanitary sewer easements and storm sewer easements, or any combination thereof, are hereby reserved to the appropriate governmental entities, public utilities, and private utilities for the installation and maintenance of swales, ditches, pipes, drains, electric lines, gas lines, telephone lines, fibre optic cable, high speed internet lines, sanitary sewers, manholes, detention and retention areas or other drainage facilities. Purchasers of Lots shall take title subject to such easements hereby created and subject at all times to the rights of proper authorities to service and maintain such drainage facilities and easements, and no permanent structure of any kind and no part thereof, except fences which do not retard or impede the flow of drainage water and which are approved by any 6 TS entity to which the easement is dedicated, shall be built, erected or maintained on said drainage easements, except by the Declarant or its assigns. It shall be the responsibility of the Association and the Owners of the areas within any drainage easements to maintain such areas in such conditions that the flow of storm drainage waters on, across and from said areas shall not be impeded, diverted or accelerated. Such use for storm water movement or retention or detention is hereby declared to be an easement and servitude upon said land for the benefit of the Owners of other land included within the Plat, upstream or downstream, affected by such use and for any proper governmental agency or department or any private or public utility. All proper governmental agencies or departments and public and private utilities are hereby given the right to obtain access to such areas to perform maintenance and to perform such maintenance as may be necessary to protect that easement and servitude rights. It shall be the responsibility of the Association and the Owner of any Lot or parcel of land within the Plat to comply at all times with the provisions of the drainage plan as approved for the Plat by the appropriate governmental agency or department and the requirements of all drainage permits for such Plat issued by those agencies. Failure to so comply shall operate as a waiver and release of the Declarant, the developer, or their engineers and agents from all liability as to damage caused by storm waters or stone drainage. Further, there are easements and servitudes upon the land within the Plat in favor of surface water runoff along natural valleys and drainage channels running to Owners of other land contained within the Plat, upstream and downstream. It shall be the responsibility of the Association and the Owners of these natural valleys and channels to use their land and maintain said natural valleys and channels in such manner and condition that the flow of storm drainage waters on, across, from and to such areas shall not be impeded, diverted or accelerated. (B) Designated Mounding Landscaping and Screening and Sign Easements. Any strips of grounds shown or designated on the Plat for landscaping including, but not limited to, landscape easements, landscape maintenance easements, and/or landscape maintenance access easements are hereby reserved unto Declarant, during the Development Period, and, thereafter, unto the Association, for the purposes of (i) providing signs which either advertise the Property and the availability of Lots or identify the Property and, (ii) installing landscaping, mounding, fencing, masonry walls, and screening. Declarant reserves unto itself during the Development Period and thereafter unto the Association, the exclusive and sole right to erect signs and install landscaping, mounding, and screening within these strips of ground. Notwithstanding anything in this Master Declaration to the contrary, no planting shall be done, and no hedges, walls, fences or other improvements shall be erected or maintained in the area of such easements, except by the Declarant during the Development Period, and thereafter by the Association. Furthennore, notwithstanding anything in this Master Declaration to the contrary, no planting shall be done, and no hedges, walls, fences, structures, or other improvements shall be erected between (i) any landscape easement or landscape maintenance easement, and (ii) any perimeter roadway, public highway or right-of-way along the perimeter or boundary of the Property, except by the Declarant during the Development Period and thereafter by the Association. 7 .�S (C) Easement Work. Notwithstanding any architectural approval under Article VIII below, during the course of any maintenance, service, repair or work upon any easement, the Declarant, the Association, any private utility, any public utility, and/or any governmental entity shall have the right and the authority, without any obligation, liability or obligation of replacement, whatsoever to any Owner, to remove, damage, or destroy any fence or other structure or landscaping built, erected, maintained or planted in any easement described in Section 5.1 (A) above. Section 5.2 General Drainage Utility Sewer and other Development Easements. The following rights reserved in this Section 5.2 shall not be exercised after the conveyance of any Lot in a manner that (i) unreasonably and adversely affects any Residence or portion thereof located upon such Lot or the Owner's use or enjoyment thereof or (ii) unreasonably restricts the rights of ingress and egress to such Lot. The following rights and easements reserved by Declarant in this Section 5.2 shall run with the land, and Declarant's right to further alter or grant easements shall automatically terminate and pass to the Association upon the expiration of any Development Period. (A) Declarant hereby reserves unto itself during the Development Period, and thereafter unto any public or private utility, a general easement ("Drainage, Utility and Sewer Easement") for drainage, utility and sewer purposes in, on and over all of the Common Area and any Lot, so as to permit the installation and allow to be maintained all electrical, telephone, water, gas, sanitary and stone sewer, television (including but not limited to cable and/or satellite) transmission facilities, security systems and other utility services (including all necessary lines, pipes, wires, cables, ducts, antennae and other equipment and facilities) to serve any Residence. Any Drainage, Utility and Sewer Easement shall include all areas of the Property outside any Residence, with the exception of any areas covered by chimneys, or patios. Improvements or permanent structures installed within the Common Area are subject to the rights (including the right to remove where reasonably necessary without duty of replacement or reimbursement) of the Declarant and any public or private utility to construct, maintain, repair or remove any necessary facilities. By virtue hereof, Declarant reserves the right to install a Lake(s) on any Common Area. The rights hereunder and easements hereby reserved survive the conveyance, by the Declarant to the Association, of any Common Area. This easement shall be in addition to any easement identified or designated upon a Plat as a drainage, sewer, utility, cable, landscape, sign, transmission, flowage or similar type easement. (B) Declarant reserves unto itself during the Development Period, and thereafter unto the Association, an easement ("Lake Easement") and right-of-way in and to any Lake Area (s) or areas now or hereafter shown on the Plat as a "Block", "Common Area", or "Lake" or any other Common Area within the Property used as a water retention or detention area, or on which a Lake now exists or is later constructed, for the purpose of fulfilling any maintenance obligations set forth in this Master Declaration and/or establishing and maintaining proper surface water drainage throughout the Property, including de -watering or aquatic maintenance, and an easement of ingress and egress through so much of the remainder of the Property as is reasonably necessary or appropriate, to perform such actions as Declarant or the Association deem necessary or g �S appropriate, for the purpose of establishing and maintaining proper surface water drainage throughout the Property, which such actions shall include the construction, repair and maintenance of retention and detention Lakes or Lakes in accordance with the requirements of applicable law and of all governmental agencies having jurisdiction (without undertaking any obligation or duty to exceed such requirements). (C) Declarant reserves unto itself during the Development Period, and thereafter unto the Association, the right and a general sign and facilities easement ("Sign and Facilities Easement") to install, erect, construct and maintain an entryway sign or signs, directional signs, advertising signs advertising and/or identifying the Property or the Lots therein, lighting, walkways, pathways, fences, walls and any other landscaping, architectural and recreational features or facilities considered necessary, appropriate, useful or convenient, anywhere upon the Property (except upon any Lot after the first conveyance thereof). Any such signs shall comply with any applicable zoning requirements and all such facilities shall be maintained by the Association as a part of its Common Area maintenance obligations. (D) Declarant reserves unto itself during the Development Period, and thereafter unto the Association, the full right, title and authority to: 1. Relocate, alter or otherwise change the location of any (i) Drainage, Utility and Sewer Easement, (ii) Lake Easement, (iii) Mounding, Landscaping and Screening Easements and/or (iv) Sign and Facilities Easement, or any facility at any time located therein or thereon; 2. Grant such further easements, licenses and rights -of -way, temporary or permanent, exclusive or non-exclusive, surface or otherwise, as Declarant may deem necessary or appropriate, for ingress and egress, utility and similar purposes on or within any portion of the Property, for the benefit of the Property or any portion thereof; and, 3. Describe more specifically or to change the description of any (i) Drainage, Utility and Sewer Easement, (ii) Lake Easement, (iii) Mounding, Landscaping and Screening Easements and/or (iv) Sign and Facilities Easement or any other easement, license or right-of-way now or hereafter existing on the Property, by written instrument, amended Plat or amendment to the Plat recorded in the Office of the Recorder of Hamilton County, Indiana. (E) The title of (i) the Declarant or the Association to the Common Area owned by the Association during the Development Period and (ii) any Owner of any Lot shall be subject to the rights and easements reserved in this Master Declaration. 9 �S ARTICLE VI ADDITIONAL PROVISIONS RESPECTING THE SANITARY SEWER UTILITY Section 6.1 Sanitary Sewer Utility Easements. Sanitary sewer utility easements allow for the construction, extension, operation, inspection, maintenance, reconstruction, and removal of sanitary sewer facilities and also give utility companies, whether public or private, as well as any governmental authorities, the right of ingress/egress. Section 6.2 Trees. No trees shall be planted directly over building sewers (laterals). Any landscaping placed within easements or right-of-ways may be removed, damaged, or destroyed by the applicable utilities without an obligation of repair or replacement. Section 6.3 Improvements Within Sanitary Sewer Infrastructure. No mounding, lighting, fencing, signs, retaining walls, landscaping walls, entrance walls, irrigation lines, or other improvements shall be placed within ten (10) feet of the center of the sanitary sewer infrastructure. Any of these which are placed within easements or right-of-ways may be removed by the applicable utilities without the obligation of repair or replacement. Section 6.4 All Owners not serviced by gravity sanitary sewer service are responsible for all maintenance, repair and replacement of all grinder/ejector pumps, force mains and gravity laterals from the Residence to its connection to the sanitary sewer main. Section 6.5 Discharge of Water to Sanitary Sewers. The discharge of clear water sources, including, but not limited to, foundation drains, sump pumps, and roof drains to the sanitary sewers is prohibited. Section 6.6 Grade Changes Across Sanitary Sewers. Grade changes across sanitary sewer facilities must be approved in writing by the applicable utilities. ARTICLE VII COVENANTS AND RESTRICTIONS Section 7.1 Land Use. Lots may be used only for single-family residential purposes and only one Residence not to exceed the maximum height permitted by and measured pursuant to the applicable zoning ordinance of the municipality having zoning jurisdiction over the Property may be constructed thereon. No portion of any Lot may be sold or subdivided such that there will be thereby a greater number of Residences in the Property than the number of Lots depicted on the Plat. Notwithstanding any provision in the applicable zoning ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and necessary to single family residential purposes. 10 k,5 Section 7.2 Address Identification. The numbers representing the address of each Residence will be of an appearance and displayed in a location and manner as determined by the Committee. Section 7.3 Li htin . All Residences will have at least one (1) photoelectric dusk to dawn light, mounted on each side of the garage door of the Residence, or as otherwise approved by the Committee. Street lights may be installed by Declarant in the utility easements on Lots, in the Common Areas, and in public rights -of -way. During the Development Period, and in the Declarant's sole discretion, street lights, if any, shall be operated and maintained by the Association. After the Development Period, the Association shall have the right to remove street lights deemed no longer necessary by the Board of Directors. Section 7.4 Temporary Structures. No trailer, shack, tent, boat, basement, garage or other outbuilding may be used at any time as a dwelling or Residence, temporary or permanent, nor may any structure of a temporary character be used as a dwelling or Residence. Section 7.5 Driveways. All driveways in the Property shall be concrete in material, unless otherwise approved by the Committee. Section 7.6 Water Systems. Each Owner shall connect to the water main maintained by a private or public water utility to provide water for domestic use on the Lot, and each Owner shall pay all connection, or other charges lawfully established with respect to connections thereto, but only if and to the extent that such connection or other charges are owed. Section 7.7 Drainage. In the event storm water drainage from any Lot or Lots flows across another Lot, provision shall be made by the Owner of such downstream Lot to permit such drainage to continue, without restriction or reduction, across the downstream Lot and into the natural drainage channel or course, although no specific drainage easement for such flow of water is provided on the Plat. To the extent not maintained by the municipality or local governmental board having jurisdiction, "Drainage Easements" shall exist in drainage swales and shall be maintained by the Owner of the Lot upon which such easements are located such that water from any adjacent Lot shall have adequate drainage along such swale. The elevation of a Lot shall not be changed so as to materially affect the surface elevation or grade of surrounding Lots. Perimeter foundation drains and sump pump drains shall be connected whenever feasible into a subsurface drainage tile. Down spouts and drains shall be designed to disperse runoff for overland flow to street or swale collection systems. Each Owner shall maintain the subsurface drains and tiles located on his Lot and shall be liable for the cost of all repairs thereto or replacements thereof. Section 7.8 Ste. Except for such signs as Declarant may in its discretion display in connection with the identification of development of the Property and the sale of Lots therein, no sign of any kind shall be displayed to the public view of any Lot except that one (1) sign, of not more than four (4) square feet, may be displayed at any time for the purpose of advertising a Lot for sale, so long as the Committee approves in writing such sign before the installation thereof, provided, however, that such Committee approval shall not be required for such four (4) square foot signs displayed by the Exempt Builder. I �� Section 7.9 Fencin . This subsection is applicable to all Lots except those Lots which are used for a sales office or model home by the Declarant. No fence, wall, hedge, or shrub planting higher than eighteen (18) inches shall be pennitted between the front property line and the front building set back line except where such planting is part of Residence landscaping approved by the Committee and the prime root thereof is within six (6) feet of the Residence. Trees shall not be deemed "shrubs" unless planted in such a manner as to constitute a "hedge". All plans for approval of fencing which are submitted to the Committee shall identify all corners of the subject Lot, as determined by a licensed surveyor, and the Lot Owner shall be responsible for installing the fence in accordance with the approved plans. All fencing on a Lot shall be uniform in height, style, and color and substantially similar in material. No fence or wall shall be erected or maintained on or within any Landscape Easement except such as may be installed by Declarant and subsequently replaced by the Association in such manner as to preserve the uniformity of such fence or wall. No fence may be erected on a Lot without prior approval of the Committee, which shall approve or disapprove the location of all fences. The Committee may establish further restrictions with respect to fences, including (i) limitations on (or prohibition of) the installation of fences in the rear yard of a Lot abutting a Lake and (ii) design standards for fences. Each Owner shall properly maintain, mow, and trim grass on all portions of such Owner's Lot, including the portions of the Lot located on each side of a fence installed upon such Lot. Section 7.10 Nuisances. No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance within the Property. Violation of any ordinance governing noise, building or lot maintenance, or any other public nuisance shall be deemed to be a nuisance creating rights in every affected Owner, the Declarant, and/or the Association, as the case may be, to enforce the provisions hereof against the offending Owner. Barking dogs shall constitute a nuisance. In the event of successful enforcement by an Owner, the Declarant, or the Association of the provisions thereof, the offending Owner shall be liable to the prevailing party for attorneys' fees, court costs, and all other costs and expenses of litigation and collection in connection therewith. Section 7.11 Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers out of public view except for a period of time not more than 24 hours prior to the removal thereof, when it may be placed at the curb of the Lot. All equipment for storage or disposal of such materials shall be kept clean and sanitary. Section 7.12 Livestock and Poultry. 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 may be kept provided that they are not kept, bred, or maintained for any commercial purpose. Owners of dogs shall so control or confine them so as to avoid barking which will annoy or disturb adjoining Owners. Unless permitted by the Board of Directors of the Association, no Owner shall maintain more than two (2) of the same type (dog, cat, bird) of pet nor more than four (4) total pets; provided, however, that fish which are located in indoor aquariums and which pose no risk to the public health shall not be considered pets for the purpose of this restriction. No dangerous or potentially dangerous pets, such as exotic animals (large wild cats, wolves, alligators, snakes which are poisonous or longer than two feet, poisonous spiders, etc.) shall be 12 �S permitted to exist in a Residence or on a Lot without the unanimous consent of the Committee and the Board of Directors. Section 7.13 Outside Burning. No trash, leaves, or other materials shall be burned upon a Lot unless the smoke therefrom will not blow upon any other Lot. Owners shall use appropriate incinerators and shall at all times be in compliance with all applicable legal requirements for outside burning. Section 7.14 Antennae Systems. To the extent not inconsistent with federal law, exterior television and other antennae, including satellite dishes, are prohibited, unless approved in writing by the Committee. The Committee shall adopt rules for the installation of such antennae and/or satellite systems, which rules shall require that antennae and satellite dishes be placed as inconspicuously as possible and only when fully screened from public view on the Lot, sides or rear of the Residence. It is the intent of this provision that the Committee shall be able to strictly regulate exterior antennae and satellite dishes to the fullest extent of the law and should any regulations adopted herein or by the Committee conflict with federal law, such rules as do not conflict with federal law shall remain in full force and effect. Section 7.15 Exterior Lights. Except on Lots on which there is maintained a sales office or model home by the Declarant, no exterior lights shall be erected or maintained between the building line and rear lot line so as to shine or reflect directly upon another Lot. Section 7.16 Electric Bug Killers. Electric bug killers, "zappers", and other similar devices shall not be installed at a location or locations which result in the operation thereof becoming a nuisance or annoyance to other Owners, and shall be operated only when outside activities require the use thereof and not continuously. Section 7.17 Association's Right to Perform Certain Maintenance. In the event that the Owner of any Lot shall fail to maintain his or her Lot and any improvements situated thereon in accordance with the provisions of this Master Declaration, the Association shall have the right, but not the obligation, by and through its agents or employees or contractors, to enter upon said Lot and repair, mow, clean and perform such other acts as may be reasonably necessary to make such Lot and improvements situated thereon, if any, conform to the requirements of this Master Declaration. The corresponding costs incurred by the Association shall be assessed to the Owner. The Owner of such Lot shall reimburse the Association within thirty (30) days of the date on which the Owner is invoiced by the Association. The Association shall have the right to collect any outstanding maintenance assessments in the manner described in Article XII. Neither the Association nor any of its agents, employees, or contractors shall be liable for any damage that may result from any maintenance work performed hereunder. Section 7.18 Provision Regarding Leases. Unless otherwise approved in writing by the Board of Directors, in its discretion, a Lot and/or Residence located thereon may not be Leased during the first five hundred forty (540) days following the recordation of the deed by which such Owner holds title to the Lot to be Leased. In addition, the following provisions apply to Leases: .yS 13 l (A) All Leases shall be in writing and copies of all Leases, and amendments thereto, must be filed with the Secretary of the Association within 7 days after the execution of such Leases or amendments thereto. (B) The Owner of any Lot which is Leased shall file with the Secretary of the Association the address to which notices may be mailed to such Owner. (C) Subleasing is prohibited and no portion of a Residence other than the entire Residence may be Leased. (D) All Leases must contain provisions (1) by which the lessee(s) acknowledges and agrees that it is bound by and will comply with the terms, conditions, restrictions and provisions of the Declaration, (ii) by which the Lease is expressly subordinate in all respects to the teens, conditions and provisions of this Declaration, the Association's Articles and Bylaws, and any regulations promulgated by the Board, as any of the foregoing are from time to time amended, to the same extent as if the lessee(s) were a Member of the Association, and (iii) by which both the lessor(s) and the lessee(s) acknowledge and agree that, in the event the lessor(s) or the lessee(s) are in violation of any terms, conditions, restrictions, or provisions of the Declaration, that the Association shall have the right, under the Lease, and also independently of the Lease, per the terms of this Declaration, to commence an action in a court of competent jurisdiction, in the State of Indiana, to evict the lessee(s) and to collect from the lessor(s) and the lessee(s) all costs of litigation including reasonable attorneys' fees. (E) Notwithstanding any provision in any Lease to the contrary, the Owner(s) of a Lot and Residence, by reason of acceptance of a deed, and any occupant(s) in a Lease situation, by reason of acceptance of possession, acknowledge and agree that (i) in the event the lessee(s) and/or occupant(s) are in violation of the terms, conditions, restrictions and provisions of the Declaration, the Association shall have the right, by virtue of Section 7.18(D) and/or this Section 7.18 (E), to commence an action in a court of competent jurisdiction, in the State of Indiana, against the Owner and/or directly against the lessee(s) or occupant(s) to enjoin any violations of this Declaration, to evict the lessee(s) and/or occupant(s) and to collect from the lessor(s) and the lessee(s) and/or occupant(s) all costs of litigation including reasonable attorneys' fees and (ii) the lessor(s) and the lessee(s) and/or occupant(s) shall hold harmless and indemnify the Association from and against any and all claims, damages, losses, and expenses, including reasonable attorneys fees, arising out of any Lease and/or any action or litigation undertaken by the Association against the Owner or any lessee(s) and/or occupant(s) pursuant to this Section 7.18. (F) The Board of Directors shall have the right and power, in its discretion, to promulgate additional rules and regulations concerning Leasing. (G) No Lease shall provide, or be interpreted or construed to provide for a release of the Owner from such Owner's obligation to comply with this Declaration, 14 �� including, without limitation, the obligation to pay assessments under this Declaration, and any rules and regulations promulgated by the Board of Directors. Section 7.19 Awnings. Except on Lots on which there is maintained a sales office or model home by the Declarant or Exempt Builder, or as approved by the Committee, no metal, wood, fabric, fiberglass or similar type material awnings or patio covers are permitted anywhere on the Property. Section 7.20 Diligence in Construction. Subject to inclement weather, every Residence shall be completed within fifteen (15) months after the beginning of such construction or placement. For cause shown, this fifteen (15) month period may be extended by the Committee. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to remain in such state for more than three (3) months after the time of such destruction or damage or, if approval of the applicable casualty insurance is pending, then within three (3) months after such approval is forthcoming. Section 7.21 HVAC Units. All heat pumps, air conditioning units or gas meters shall be installed along the side elevations of the Residence or the rear elevation of the Residence and, if installed along the side elevation, shall be (1) set back at least fifteen (15) feet from the front elevation and (ii) screened from view in accordance with a landscape plan approved by the Committee. Section 7.22 Lake and Lake Area(s). Except as otherwise provided, no individual using a Lake, if any, has the right to cross another Lot or trespass upon shoreline not within a Common Area owned by the Association, subject to the rights of the Declarant, the Association, their employees, heirs, successors and assigns as set forth in the Master Declaration. No one shall do or permit any action or activity which could result in pollution of any Lake, diversion of water, elevation of any Lake level, earth disturbance resulting in silting or any other conduct which could result in an adverse effect upon water quality, drainage or proper Lake management, except as provided in the Master Declaration. A Lake shall not be used for swimming, fishing, ice skating, boating, or for any other purpose, except for drainage of the Property, unless expressly and specifically approved by the Board of Directors in writing and allowed by law. Lakes and Lake Areas may or may not exist on the Property, and the reference throughout this Master Declaration to Lakes and Lake Areas is made in order to address Lakes and Lake Areas, if any, which now exist or are later constructed upon the Property. The installation on the Property of any Lake or Lake Area shall be within the sole discretion of the Declarant, and under no circumstances shall the Declarant be required or obligated to install any Lake or Lake Area. Only the Declarant and the Association shall have the right to store items or develop recreational facilities upon any Common Area including, without limitation, Common Areas on which a Lake exists. Neither the Declarant nor the Association, nor a Builder nor the Exempt Builder shall have any liability to any Person, (i) for damage to person or property, arising out of any Lake, or the use thereof or access thereto, or (ii) for damage to any Lot resulting from any Lake or the proximity of a Lot to any Lake, including, without limitation, loss or damage from erosion or accretion. Notwithstanding anything to the contrary contained in this Declaration or in any other document or instrument or any marketing materials, Declarant and the Association make no representation or warranty with respect to the level of water in any Lake or Lake Area, which 15 �1 level may fluctuate from time to time. Without limiting the generality of the foregoing sentence, any "elevation" shown on the Plat for a Lake shall be as estimated for engineering purposes only and shall not be deemed a representation or warranty. Section 7.23 Mailboxes. All mailboxes and posts must be approved by the Committee and shall be standard as to size, location, post, design, height, material, composition and colors. The Builder shall install the initial mailbox for each Lot, meeting the above criteria, at the Lot Owner's expense. The Owner shall, at the Owner's expense, maintain, repair, replace and paint said mailbox and post in conformance with all other mailboxes. Section 7.24 Maintenance of Lots and Improvements. Each Owner shall at all times maintain the Lot and any improvements situated thereon in such a manner as to prevent the lot or improvements from becoming unsightly and, specifically, such Owner shall: (A) Mow the Lot at such times as may be reasonably required in order to prevent the unsightly growth of vegetation and noxious weeds. Additionally, all Lots shall have an automatic irrigation system for the entire yard, unless otherwise approved in writing by the Committee, and shall be free of weeds and properly irrigated in order to maintain a sightly and healthy appearance; (B) Remove all debris or rubbish from the Lot; (C) Prevent the existence of any other condition that tends to detract from or diminish the aesthetic appearance of the Property; (D) Cut down and remove dead trees from the Lot; and, (E) Within sixty (60) days following completion of a Residence, the Owner shall landscape the lot in accordance with the provisions set forth in this Master Declaration, and any approved plans weather permitting. (F) Each Owner of a Lake Lot shall mow, irrigate and maintain the Lake Lot strip which corresponds to such Owner's Lake Lot. Section 7.25 Miscellaneous. No clotheslines may be erected on any Lot. Section 7.26 Outbuildings and Animal Quarters. Any and all forms of outbuildings, including but not limited to, sheds, storage sheds, animal quarters, and play houses, which are not directly connected to the main house on any Lot are prohibited, unless the same are necessary or incident to the Declarant's, Builder's or Association's business or activities upon the Property; provided, however, that a pool house which (i) is used for changing and/or showering but not as sleeping quarters, (ii) is constructed on a foundation with footers (iii) is architecturally consistent with and uses the same exterior building materials as the Residence and (iv) is approved by the Committee shall be allowed. Animal quarters or kennels which are connected to the Residence must be approved by the Committee. �S 16 Section 7.27 Play Equipment. Children's play equipment such as sandboxes, temporary swimming pools having a depth of eighteen (18) inches or less, and swing and slide sets, shall not require approval by the Committee, provided that (i) such equipment is not more than eight (8) feet high (to the highest point of the structure) and properly painted or stained, and maintained by the Owner in good repair, (ii) such equipment is located in the rear yard of the Lot between the parallel lines defined by extending the side lines of the Residence into the rear yard of the Lot, and (iii) any swing and slide sets are constructed of wood. Prior approval by the Committee of the design, location, color, material and use of any equipment greater than eight (8) feet in height shall be required, and aluminum or metal play equipment is prohibited. Section 7.28 Plumbing. All plumbing vent stacks are to be located on the rear of the Residence unless an alternative location is approved by the Committee. Section 7.29 Subsurface Drains and Sump Pump Discharges. Subsurface drains have been provided in certain areas within drainage easements as additional storm and ground water drainage sources and are part of the public storm drainage system. Subsurface drain laterals have been provided on specific Lots, and the Builder on such Lots shall connect all sump pump discharge lines to such laterals. All maintenance and repair of all sump pump discharge lines and subsurface drain laterals shall be the responsibility of each Lot Owner in accordance with the following: (A) The limits of Owner responsibility include all sump pump lines and subsurface drain laterals between the connection at the sump pump within the home and the connection with the publicly maintained storm sewer or subsurface drain within the drainage easement. (B) In cases where subsurface drain laterals are connected along a common property line before connecting to the storm sewer, maintenance and repair of the common lateral will be shared equally by the adjacent Owners unless an individual Owner caused the lateral to be damaged, changed or altered. (C) Any Owner or Builder damaging, changing, or altering these subsurface drains and/or common subsurface drain laterals shall be responsible for such action and will be given ten (10) days notice, by registered mail, to repair said damage, after which time, if no action is taken, the appropriate jurisdictional agency, Declarant or the Association may cause said repairs to be accomplished and the invoice for such repairs will be sent to the responsible Owner(s) and/or Builder(s) for immediate payment. If immediate payment is not received, the Declarant and/or the Association shall have all the rights and remedies to collect any outstanding amounts as outlined hereafter in Article XII of this Master Declaration. Section 7.30 Swimming Pools and Hot Tubs. Only permanent, in -ground, professionally constructed pools which are approved by the Committee shall be permitted upon a Lot. All submittals to the Committee shall include landscape plans. All backyard pools shall be oriented to reasonably minimize the potential affect on neighboring Lots, shall be enclosed by a fence which obstructs unauthorized access or have an automatic pool cover, and shall comply with all 17 �S other applicable laws, statutes, ordinances, and regulations pertaining to safety. All fencing shall conform to county or municipal regulations and shall be of harmonious design and subject to Committee approvals. Hot tubs must also be approved by the Committee. Sections 7.31 Tennis Courts Racquetball Courts, Paddleball Courts, etc. Tennis courts, racquetball courts, paddle ball courts, basketball courts, squash courts, and other recreational facilities or sporting facilities are not permitted without the prior approval from the Committee. All submittals to the Committee shall include landscape plans. Basketball goals may be installed on a lot adjacent to driveway without Committee approval provided that they are permanently affixed to the ground and have clear fiberglass or glass backboards supported by black posts. Independent basketball courts may not be constructed on a Lot without written Committee approval. No basketball goal or backboard shall be pennitted to hang from or be affixed to the Residence or garage. Lighted courts of any kind are prohibited. Temporary or portable basketball courts will not be permitted. Section 7.32 Vents. All metal and PVC roof or range vents shall be painted to blend with roof color. Section 7.33 Windows -Doors. If storm doors are installed, they must be painted to match exterior of the Residence, and must be approved by the Committee. No unfinished aluminum doors or windows are allowed. All curtains, blinds, or other window coverings shall be tasteful and commensurate with character of the Residences. Section 7.34 Street Signs. Decorative street signs that do not conform to applicable municipal standards may be installed by Declarant in the Declarant's discretion. Such decorative street signs, if any, shall be maintained by the Association, and shall be repaired or replaced by the Association, if damaged, in accordance with applicable rules and regulations of the controlling municipality. The Association assumes all liability in the installation, maintenance and repair of the decorative street signs. Section 7.35 Fuel Tanks. All above or below ground storage tanks, with the exception of gas storage tanks used solely in connection with gas grills for the purpose of grilling or cooking food, are prohibited. Section 7.36 Garbage and Other Refuse. No Lot Owner in the Development shall burn or permit the burning out-of-doors of garbage or other refuse, nor shall any such Owner accumulate or permit the accumulation out-of-doors of such refuse, including compost, on his or her Lot. Section 7.37 Home Occupations. No Lot or Lots shall be used by an Owner, other than a Builder, Exempt Builder or Declarant, for any purpose other than as a single-family residence, except that a home occupation, which satisfies the following requirements, as well as all requirements of the applicable zoning ordinance, may be permitted: any use conducted entirely within the Residence and participated in solely by a member of the immediate family residing in said Residence, which use is clearly incidental and secondary to the use of the Residence for dwelling purposes and does not change the character thereof and in connection with which there is (i) no sign or display that will indicate from the exterior that the Residence is being utilized in whole or in part for any purpose other than that of a dwelling; (ii) no commodity sold upon the premises; (iii) no person is employed other than a member of the immediate family residing in the Residence; and (iv) no manufacture or assembly operations are conducted. Provided however, that in no event shall a child day care, barber shop, styling salon, animal hospital, any form of animal care or treatment such as dog trimming, or any other similar activities be permitted as a home occupation. The foregoing notwithstanding, the Declarant and Builders shall be pennitted to operate sales trailers, model homes, and sales offices. Section 7.38 Open Drainage Ditches and Swales. The following shall apply to open ditches and swales: (A) Drainage swales (ditches) along dedicated roadways and within the right- of-way, or on dedicated drainage easements, shall not be altered, dug out, filled in, tiled, or otherwise changed, without the written permission of the appropriate jurisdictional agency and the Association. Property Owners must maintain these swales as grassways or other non -eroding surfaces. Any damage to swales or drainage structures must be repaired or replaced by the Owner causing such damages. (B) Any Owner or Builder altering, changing, or damaging these drainage swales or ditches shall be responsible for such action and will be given ten (10) days notice, by registered mail, to repair said damage, after which time, if no action is taken, the appropriate jurisdictional agency, Declarant or the Association may cause said repairs to be accomplished and the invoice for such repairs shall be sent to the responsible Owners for immediate payment. If immediate payment is not received by the Association, the Association shall have all the rights and remedies to collect any outstanding amounts as outlined hereafter in Article XII of this Master Declaration. Section 7.39 Roofing Materials. The roofing materials on all Residences shall be of a quality, style and composition acceptable to the Committee. Section 7.40 Solar Panels. Solar panels shall not be permitted on any Residence unless the solar panel is (i) not reasonably visible from the street or another Residence and (ii) is approved by the Committee. The Committee, in reviewing a request for a solar panel, shall consider landscaping, location, size, aesthetics, and the visibility of the solar panel. Section 7.41 Temporary Structures. No temporary structure, trailer, or other outbuilding shall be placed or erected on any Lot, except by Declarant or a Builder. Any such temporary structure, trailer, garage, or other outbuilding shall be removed immediately upon completion of the primary Residence. Section 7.42 Utility Services. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Section 7.43 Parking of Cars and SUVs. Owners should endeavor to park cars and SUVs in their garage whenever it is feasible to park cars and SUVs in the garages, and cars and SUVs shall not be parked in the Private Street when there is room to park the car or SUV in the 19 �S garage or the driveway. Section 7.44 Storage. There shall be no outside storage of commercial trucks, trailers, boats, inoperable vehicles, equipment, or fuel tanks. Section 7.45 Wells. Water wells, which are approved by the Committee and may be used only for irrigating lawns and landscaping, may be drilled on Lots and Common Areas so long as the water from such wells will not discolor sidewalks or concrete and, in the event of such discoloration, the responsible Owner shall be liable for all clean-up costs. All wells must comply with all applicable laws, statutes, ordinances, and regulations, and all well equipment, tanks, pumps and other related infrastructure shall be underground. Well heads shall not be located in front yards or side yards, and shall be properly screened and landscaped. Section 7.46 Occupancy or Residential Use of Partially Completed Residence Prohibited. No Residence constructed on any Lot shall be occupied or used for residential purposes or human habitation until a certificate of occupancy has been issued. Section 7.47 Streets, Sidewalks, and Street Landscaping. (A) Installation. Each Owner, at such Owner's expense, shall be responsible for installing sidewalks along and within the segment of the street adjacent to such Owner's front Lot line. (B) Street Li hits and Decorative Street aigD.�, All street lights and decorative street signs, if any, located within a Common Area and within public rights -of -way shall be maintained by the Association. Section 7.48 Construction and Landscaping; Time Requirements; Divestiture; Penalties. All construction upon, landscaping of, and other improvements to a Lot shall be completed strictly in accordance with the plan approved by the Committee. All landscaping specified on the landscaping plan approved by the Committee shall be installed on the Lot strictly in accordance with such approved plan within sixty (60) days following substantial completion of the Residence, unless installation is delayed by reason of adverse weather conditions or the Committee approves in writing an enlargement of time. Section 7.49 Septic Systems. No septic tank, absorption field, or any other on -site sewage disposal system shall be installed or maintained on any Lot. ARTICLE VIII ARCHITECTURAL CONTROLS Section 8.1 Approvals. Approvals, determination, permissions, or consents required herein shall be deemed given only if they are given in writing and signed, with respect to the Declarant or the Association, by an officer thereof, and with respect to the Committee, by one (1) 20 r member thereof The Committee may, in its discretion, unilaterally promulgate and from time to time amend written building guidelines (the "Guidelines") which (i) may, from time to time, be changed, or amended by the Committee without notice to or consent of Owners and (ii) shall be binding upon the Owners. Section 8.2 Committee; Development Standards and Architectural Control Committee. There shall be a Development Standards and Architectural Control Committee, composed of at least three (3) members (the "Committee"). Until the end of the Development Period. the Committee shall comprise Paul F.Rioux, Steven Zintel and Paul Shoopman. Until the end of the Development Period, any vacancy in the Committee shall be filled by the vacating member within fifteen (15) days after the occurrence of the vacancy and, absent the filling of the vacancy by the vacating member within fifteen (15) days after the occurrence of the vacancy, the vacancy shall be filled by a person upon whom there is mutual agreement by the remaining members. After the end of the Development period, the Board of Directors, or their designees, shall continue the action of the Committee and any vacancies in the Committee shall then be filled by the Board of Directors. At all times, any detennination made by a majority of the members of the Committee shall be final and constitute the Committee's determination. Section 8.3 Duties of Committee. The Committee shall approve or disapprove proposed improvements within thirty (30) days after all required information shall have been submitted to it. The Committee for its pennanent files shall retain one copy of submitted material. All notifications to applicants shall be in writing and, in the event that such notification is one of disapproval, the requesting applicant may re -apply with changes. If however, approval has not been received by applicant in writing within thirty (30) days, then said request shall be considered denied. Section 8.4 Exercise of Discretion. Declarant intends that the members of the Committee exercise discretion in the perfonnance of their duties consistent with the provisions hereof, and every Owner by the purchase of a Lot shall be conclusively presumed to have consented to the exercise of discretion by such members. In any judicial proceeding challenging a determination by the Committee and in any action initiated to enforce this Master Declaration in which an abuse of discretion by the Committee is raised as defense, abuse of discretion may be established only if a reasonable person, weighing the evidence and drawing all inferences in favor of the Committee, could only conclude that such determination constituted an abuse of discretion. Section 8.5 Inspection. The Committee may inspect work being performed without the Owner's permission to assure compliance with these restrictions and applicable regulations. Section 8.6 Liability of Committee, Declarant, Developer. Neither the Committee nor any agent thereof, nor the Declarant, nor the Association shall be liable in any way for any costs, fees, damages, delays, or any charges or liability whatsoever relating to the approval or disapproval of any plans submitted to it, nor shall the Committee, Association or Declarant be responsible in any way for any defects in any plans, specifications or other materials submitted to it, or for any defects in any work done according thereto. Further, the Committee, Association and/or Declarant make no representation or warranty as to the suitability or advisability of the design, the engineering, the method of construction involved, whether the improvements result in 21 any encroachments, the compliance of proposed plans with laws and zoning ordinances, or the materials to be used. All parties should seek professional construction advice, engineering, and inspections of each Lot prior to purchasing the Lot and/or commencing construction on said Lot. Notwithstanding anything to the contrary contained herein or in any other document or instrument or any marketing materials, Declarant and the Association make no representation or warranty with respect to the average or minimum size of each Residence within the Property. Section 8.7 Common Areas Entrances Street Signs and Landscape Easements. None of the following shall be installed or constructed without prior written approval thereof by the Committee: (i) any and all landscaping, fences, structures, lighting, walking trails, sidewalks, or other improvements located in any Common Area, landscape maintenance access easement, and/or sign landscape easement, (ii) any entrance monument or signage identifying the Development or any section thereof and/or (iii) street signage. The Board of Directors of the Supplemental Association, in their sole discretion, shall determine, from time to time, matters and policies concerning the entry gates including, without limitation, the times during which the gates are to be kept opened or closed. Section 8.8 Lot Improvements. No Residence, dwelling, building structure, fence, deck, driveway, swimming pool, rear yard tennis or basketball courts, permanent playground equipment or other improvement of any type or kind (including significant landscaping or stacking of wood) shall be constructed or placed on any Lot without the prior approval of the Committee. Such approval shall be obtained only after the Owner of the Lot requesting authorization from the Committee has made written application to the Committee at least thirty (30) days prior to the proposed construction. Such written application shall be in the manner and form prescribed from time to time by the Committee, and shall by accompanied by two (2) complete sets of plans and specifications for any such proposed construction or improvement which plans shall be prepared and certified by a professional engineer. Such plans shall include plot plans showing (i) the location of the improvements existing upon the Lot and the location of the improvement proposed to be constructed or placed upon the Lot, each properly and clearly designated and (ii) all easements, set backs, and rights -of -way and (iii) any landscape plans required by the Committee. Such plans and specifications shall further set forth the color and composition of all exterior materials proposed to be used and any proposed landscaping, together with any other materials, photographs, or information, which the Committee may require. All building plans and drawings required to be submitted to the Committee shall be drawn to a scale of 1/4" = 1' and all plot plans shall be drawn by a professional to a scale of I" = 10', or to such other scale as the Committee shall deem appropriate. It is also recommended that a certified survey be prepared to insure that a resident is not encroaching on an adjacent homeowner or in a Common Area. If Owner has encroached on an adjacent Owner's property or in a common area, the encroaching Owner will, at his or her own expense, move any fence or other improvement(s) so as to eliminate the encroachment. No fence or screen of any kind will be permitted if its installation will obstruct necessary site lines for vehicular traffic. Undue obstruction of view of other amenities from adjoining properties shall be considered by the Committee when reviewing applications for approval. Section 8.9 Power of Disapproval. The Committee may refuse to grant permission to construct, place or make the requested improvement with or without cause. Common grounds for 22 denial include, but are not limited to, a lack or absence of the following: (A) The plans, specifications, drawings or other material submitted must themselves be adequate and complete, show the proposed improvement, and not be in violation of this Master Declaration; and (B) The design, color scheme, and square footage of a proposed improvement must be in harmony with the general surroundings of the Lot or with adjacent buildings or structures. Section 8.10 Power to Grant Variances. The Committee may allow reasonable variances or adjustments of this Master Declaration where literal application would result in unnecessary hardship, but any such variance or adjustment shall be granted in conformity with the general intent and purposes of this Master Declaration, no variance or adjustment shall be granted which is materially detrimental or injurious to other Lots, and any such variance granted shall not be considered as precedent setting. Section 8.I I Statement of Purposes and Powers. Subject to this Master Declaration and the restrictions contained herein, the Committee shall regulate the external design, appearance, use, location and maintenance of lands and improvements thereon in such a manner as to preserve and enhance values and maintain a harmonious relationship among structures and the natural vegetation and topography, and in keeping with the intent of the Declarant. ARTICLE IX CONTIGUOUS LOTS Section 9.1 Rules Governing Building on Several Contiguous Lots Having One Owner. Whenever a Lot and a contiguous Lot or portion thereof shall be owned by the same person, and such Owner shall desire to use the combination of Lots as a site for a single -dwelling house, such Owner must apply in writing to the Committee for permission to so use said Lots. If permission for such a use shall be granted, the Lots constituting the site for such single -dwelling house shall be treated as a single Lot for the purpose of applying this Master Declaration to said Lots, so long as the Lots remain improved with one single -dwelling house. In addition, the Owner must obtain all requisite and necessary permits and approvals from the municipality having zoning jurisdiction over the Property. ARTICLE X USE AND OWNERSHIP OF COMMON AREA Section 10.1 Common Areas. There is hereby granted to the Persons who are from time to time Members of the Association a license, upon such terms, conditions, rules and regulations as the Declarant, and successors, assigns or licensees of the Declarant, shall from time to time grant, for the use and enjoyment of all Common Areas, excluding only (i) the Limited Common Facilities, the use of which shall be limited as specified in Sectionl0.4 below and (ii) the Lake 23 �S Lot Strips, the use of which shall be limited as specified in Section 10.5 below. No residential development shall occur in the Common Area. Except with respect to the Limited Common Facilities and Lake Lot Strips, every Owner shall have a nonexclusive right and easement of enjoyment in common with all other Owners, in and to the Common Areas, which nonexclusive right and easement of enjoyment shall be appurtenant to and pass with the title to every Lot. Prior to the end of the Development Period, all Common Areas shall be conveyed by quitclaim deed to the Association; provided, however, that any such conveyance of shall be subject to any and all applicable provisions of this Declaration and the Supplemental Declaration including, without limitation, the restrictions applicable to the Limited Common Facilities and the Lake Strips. Such conveyance shall be deemed to have been accepted by the Association and those persons who shall from time to time be members thereof upon the recording of a deed or deeds conveying such Common Area to the Association. Section 10.2 Use. Subject to Section 10.4 and 10.5 below, the Common Areas shall be used for such purposes as deemed appropriate by the Declarant until the end of the Development Period. Following the end the Development Period, the Common Area shall be used for such purposes as deemed appropriate by the Association. Subject to Section 10.3, Section 10.4 and 10.5 below, the Common Areas shall remain for the exclusive use of (i) Owners and their family members, guests, tenants and contract purchasers who reside in the Owner's Residence (ii) such Owner's contractors, (iii) any and all emergency vehicles and personnel (iv) utilities authorized by the Declarant or the Supplemental Declarant, and (v) the Declarant, the Supplemental Declarant, the Association and the Supplemental Association; provided, however, that under no circumstances shall a Person, other than the Declarant, the Association, the Supplemental Association, emergency vehicles and personnel, and vehicles or persons functioning on behalf of any utility authorized by the Declarant or the Supplemental Declarant, be allowed to access any Common Area over or across a Lot owned by another Owner. Neither the Declarant's execution or recording of the plats nor the doing of any other act by the Declarant is, or is intended to be, or shall be construed as, a dedication to the public of the Common Area. Section 10.3 Amenity Areas The Amenity Area shall be available for use not only to the Owners, but also to the owners of lots in The Sanctuary at 121" Street, (i) per the terms of uniform rules and regulations promulgated by the Board of Directors which rules and regulations shall be uniformly applied and may, from time to time, be amended by the Board of Directors and (ii) on the terms and conditions which follow in this Section 10.3: (A) Each owner of a lot in The Sanctuary at 121 �t Street shall have a perpetual, non-exclusive easement to the use and enjoyment of the Amenity Area, which easement shall be appurtenant to and pass with the title of each such lot; provided, however, that the use and enjoyment of the Amenity Area by the owners of lots in The Sanctuary at 121" Street shall be subject to and conditioned upon the payment, by The Sanctuary at 121s' Street Homeowners Association, Inc. to the Association of the total amount of the Amenity Assessment, and The Sanctuary at 121 Sc Street Homeowners Association, Inc. shall be liable to the Association for the payment of the total amount of the Amenity Assessment. (B) The Amenity Assessment shall commence upon the date that the Amenity 24 T5 Area is completed as determined by the Declarant, which shall be no later than May 31, 2011, and the Amenity Assessment applicable to each and every calendar year shall be payable on April 30 of such calendar year, in advance of the opening of the swimming pool(s) during such calendar year and, therefore, in advance of the expenditure or accrual of all expenses of operating the Amenity Area for such calendar year. (C) Prior to the Turnover Date (defined below in Section 11.5), the total amount of the Amenity Assessment owed by The Sanctuary at 121St Street Homeowners Association, Inc. to the Association shall be $11.00 per month ($132.00 per year) per lot in The Sanctuary at 121St Street, multiplied by the total number of all lots, other than lots owned by the declarant (defined in The 121 St Street Declaration) and/or a builder (defined in The 121 st Street Declaration) in The Sanctuary at 121 st Street. (D) After such Turnover Date (defined below in Section 11.5), the total amount of the Amenity Assessment owed by The Sanctuary at 121 st Street Homeowners Association, Inc. to the Association shall be equal to (i) the annual operating costs of the Amenity Area divided by the aggregate sum of both the total number of Lots, excluding Lots owned by the Declarant and/or a Builder, and the total number of lots within The Sanctuary at 121 st Street, excluding lots owned by the declarant (defined in The 121 st Declaration) and/or a builder (defined in The 121 st Declaration), in The Sanctuary at 121 st Street, multiplied by (ii) the total number lots owned by owners, other than the declarant (defined in The 121 st Street Declaration) and/or a builder (defined in The 121" Street Declaration), in The Sanctuary at 121 st Street. After the Turnover Date (defined below in Section 11.5) the Amenity Assessment due and payable in advance on April 30 of each calendar year, in advance of the opening of the swimming pools, shall be based upon the operating costs of the Amenity Area for the immediately preceding calendar year and, in order to reconcile the Amenity Assessment payable in any given calendar year with the actual operating costs for such calendar year, the Amenity Assessment due and payable on April 30 of the following calendar year shall be adjusted (increased or decreased) to reflect the difference between (i) the Amenity Assessment that was last due and payable and (ii) the actual operating expenses incurred and/or accrued during the calendar year in which such Amenity Assessment was last due and payable. (E) In the event that the Association does not, by April 30 of each calendar year, receive the total Amenity Assessment due from the The Sanctuary at 121 st Street Homeowners Association, Inc as specified above in this Section 10.3, the Association shall provide written notice to the The Sanctuary at 121 St Street Homeowners Association, Inc. of such non-payment and, in the event that such payment is not received by the Association within ten (10) days after the date of such written notice, then the Association may (i) pursue all rights and remedies against the The Sanctuary at 121St Street Homeowners Association, Inc. and shall be entitled to collect reasonable attorney's fees and also (ii) suspend the rights of all owners in the Sanctuary at 121St Street to use the Amenity Area for the entire calendar year in which payment of the Amenity Assessment was not timely received by the Association. 1. If the Association suspends the right of the owners in the Sanctuary at �5 25 121" Street to use the Amenity Area, then the Sanctuary at 121" Street Homeowners Association, Inc. may reinstate the right of the Owners in the Sanctuary at 121" Street to use Amenity Area for any subsequent calendar year by paying to the Association, on or before April 30 of such subsequent calendar year, the total Amenity Assessment due for such calendar year, plus the sum of Seven Thousand Five Hundred Dollars ($7,500.00). Section 10.4 Limited Common Facilities On terms and conditions set forth in the Supplemental Declaration, the Limited Common Facilities shall be for the exclusive use and benefit of the (1) Owners of Lots within The Estates at The Sanctuary, and their family members, guests, tenants and contract purchasers who reside in the Residence located within The Estates at The Sanctuary (ii) such Owner's contractors, (iii) any and all emergency vehicles and personnel (iv) utilities authorized by the Declarant or the Supplemental Declarant, and (v) the Declarant, the Supplemental Declarant, the Association and the Supplemental Association. The Limited Common Facilities shall be maintained by the Supplemental Association, at the cost of the Supplemental Association, through assessments assessed by the Supplemental Association against the Owners of Lots within The Estates at The Sanctuary. Section 10.5 Lake Lot Strips Each Lake Lot Strip shall be for the exclusive use and benefit of the (i) Owner of the Lake Lot to which such Lake Lot Strip corresponds (ii) such Owner's contractors, (iii) any and all emergency vehicles and personnel and (iv) utilities authorized by the Declarant or the Supplemental Declarant and (v) the Declarant, the Supplemental Declarant, the Association and the Supplemental Association. The Lake Lot Strips shall be maintained by the Owner of the corresponding Lake Lot at such Owner's expense. ARTICLE XI THE SANCTUARY AT 116TH STREET HOMEOWNERS ASSOCIATION, INC. Section 11.1 Association Duties. The duties of the Association shall include: (i) the promotion of the recreation, health, safety, and welfare of the residents in the property, (ii) the maintenance and repair of the Common Area including, but not limited to, any and all lighting, landscaping, and sidewalks located thereon, (iii) the maintenance and repair of any and all entrance monuments, water features, Lakes, and signage, and the landscaping surrounding such entrances monuments and signage, (iv) maintenance and repair of all street signage, street lighting, and all improvements and landscaping existing in any landscape maintenance access easement and/or any sign landscape easement, (v) the performance of any other obligations and duties of the Association specified herein. The foregoing provisions of this Section 11.1 notwithstanding, an Owner shall be responsible and liable for any damage to any Common Areas or improvements thereon caused by such Owner or such Owner's agent, contractor, or guest, and the costs of repair as replacement necessitated by such damage shall be immediately paid by the Owner to the Association and may be assessed as a Violation Assessment and enforced per the terms of Article XII below. The Supplemental Association shall be responsible for the maintenance and operations of the Limited Common Facilities, including the repair and repaving �S 26 of the Private Street; provided, however, that the snow plowing of the Private Street, and the expenses related to maintaining all Common Areas within The Estates at The Sanctuary, including Common Area N but excluding only the maintenance, repair and operating costs of the Limited Common Facilities, shall be the responsibility of the Master Association and funded by the Annual Assessments pursuant to this Master Declaration. In each instance in which this Declaration imposes on the Association a maintenance obligation with respect to the Common Area or a part thereof, the Association shall maintain the Common Area in good condition, order and repair comparable to its condition when originally constructed, installed or planted, ordinary wear and tear accepted, and compatible with comparable residential subdivisions immediately adjacent to the Property. Section 11.2 Board of Directors. Prior to the Turnover Date, one-half (1/2) of the members of the Board of Directors shall be appointed by the Exempt Builder and may be removed and/or replaced by the Exempt Builder in its discretion, with or without cause and the other one-half (1/2) of the members of the Board of Directors shall be appointed by the Declarant and may be removed and/or replaced by the Declarant in its discretion, with or without cause. After the end of the Turnover Date, the Owners shall elect a Board of Directors of the Association as prescribed by the Association's Articles and Bylaws. The Board of Directors shall manage the affairs of the Association. Directors need not be members of the Association. Section 11.3 Classes of Membership. The Association shall have the following two classes of voting membership: (A) Class A. Class A Members shall be all Owners with the exception of the Declarant. Class B. The Class B Member shall be the Declarant. Section 11.4 Voting Interests. The Class A Members of the Association are entitled to one (1) vote for each Lot owned by them. The total number of Class A votes shall not exceed the total number of Lots. The vote of a Lot is not divisible. If a Lot is owned by one natural person, his right to vote shall be established by the record title. If a Lot is owned jointly by two or more persons, that Lot's vote may be cast by anyone of the record Owners. If two or more Owners of a Lot do not agree among themselves how their one vote shall be cast, that vote shall not be counted for any purpose. Class B membership shall cease to exist at the Turnover Date as specified in Section 11.5 below or at such earlier time as Declarant actually turns over control of the Association, whereupon the Declarant shall become a Class A Member as to all Lots owned by it. At all times prior to the termination of Class B Membership, the Class B Member shall have the same number of votes at any meeting in which votes are to be taken as are held by all Class A Members, plus an additional two hundred (200) votes. Section 11.5 Time of Turnover. Unless turnover of control of the Association ("Turnover") occurs at an earlier time as elected in writing by the Declarant in the Declarant's sole discretion, the Turnover of control of the Association shall occur on the last to occur of the following (the "Turnover Date"): 27 1 1.5.1 When the Declarant no longer owns any part or portion of the Property including, without limitation, any of the Lots or Common Areas; and 11.5.2 Fifteen (15) years from the date hereof; and 11.5.3 When Declarant, in its discretion, shall determine that the development of the Property has been completed. Prior to the Turnover Date, the Declarant, in its sole discretion, shall appoint all Directors and fill all vacancies on the Board of Directors and may, from time to time, and with or without cause, remove and replace any Directors. At the Turnover meeting, the Class A Members shall elect a Board of Directors and the Directors appointed by the Declarant shall resign. Section 11.6 Procedure for Calling Turnover Meeting. No more than forty-five (45) days and no less than thirty (30) days prior to the Turnover meeting, the Association shall notify in writing all Class A Members of the date, time and place of the Turnover meeting. Section 11.7 Early Turnover. The Declarant, in its discretion, may turn over control of the Association to Owners other than the Declarant prior to the Turnover Dates set forth above by declaring, in writing, that the Declarant is turning over control of the Association and by causing all of its appointed Directors to resign, whereupon it shall be the affinnative obligation of Owners other than the Declarant to elect Directors and assume control of the Association. The Declarant shall not be liable in any manner in connection with such resignations, even if Owners other than the Declarant refuse or fail to assume control. Section 11.8 Membership. Initially, the person(s) who serve as incorporator(s) of the Association shall be the member(s) (the "Initial Member(s)"). The Initial Member(s) shall remain member(s) of the Association until the Association Articles of Incorporation are accepted by the Indiana Secretary of State, at which time the Initial Member(s) shall cease to be member(s) unless they also qualify as Class A or Class B Members. Every Owner of a Lot shall be a member of the Association. Apart from the Initial Member(s), a membership in the Association shall be appurtenant to and may not be separated from ownership of any Lot. Section 11.9 Professional Management. The Declarant, at any time prior to the Turnover Date and the Board of Directors, at any time after the Turnover Date may require that the Association continuously employ a professional management company, possessing experience and expertise in the management of homeowners associations, to assist the Board in the management and administration of the Association. The cost of such professional assistance shall be an expense of the Association and included in the Annual Assessment. Section 11.10 Limitations on Rights of the Association. As long as there is a Class B Member, the Association may not use its resources, nor take a public position in opposition to future phases, or changes to current phases, of The Sanctuary at I I6th Street or The Sanctuary at 121St Street proposed by the Declarant. Nothing in this paragraph shall be construed to limit the rights of the members acting as individuals or in affiliation with other members or groups as long as they do not employ the resources of the Association or identify themselves as acting in the 28 name, or on the behalf of the Association. ARTICLE XII ASSESSMENTS Section 12.1 Creation of Lien and Personal Obligation of Assessments. Each Owner of any Lot (except the Declarant, the Exempt Builder and the Shoopmans with respect (1) to unimproved Lots which are titled in the name of the Declarant or the Exempt Builder and (ii) to Lots which are improved by a Residence and which are titled in the name of the Declarant, the Exempt Builder or the Shoopmans but which are not yet occupied by a Person as such Person's principal Residence in the State of Indiana,) by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the following: (A) Annual Assessments (hereafter defined); (B) Qne-Time Assessment (hereafter defined); (C) Special Assessments (hereafter defined) for costs of enforcement of the Master Declaration, capital improvements and operating deficits, copies of Association documents if requested by a Member, and such assessments to be established and collected as hereinafter provided or established by the Board; and (D) Violation Assessments (hereafter defined) levied for a violation of this Master Declaration. Section 12.2 Annual Budget. By majority vote of the Board of Directors, the Board of Directors shall adopt an annual budget for the subsequent fiscal year, which shall provide for the allocation of expenses in such a manner that the obligations imposed by this Master Declaration can effectively be met. Section 12.3 Annual Assessment. (A) Amount. The Annual Assessment provided for herein shall be per calendar year and shall commence for each Lot upon the earlier of (i) the date of closing of the sale of such Lot to an Owner other than Declarant or an Exempt Builder or (ii) the date on which the Residence located on such Lot is first occupied by a Person as such Person's principal Residence in the State of Indiana. The Annual Assessment, commencing during the calendar year in which the first Lot is conveyed to an Owner other than the Declarant, shall be One Thousand, Two Hundred Dollars ($1,200.00) per Lot per year. The Annual Assessment for the calendar year shall be pro -rated to year-end. The Board of Directors shall fix any increase in the amount of the Annual Assessment at least thirty (30) days in advance of the effective date of such increase. The initial due date for Annual Assessments shall be January 1st of each calendar year, and such Annual Assessment shall be subject to collection and late charges beginning on January 29 3 1 " of each calendar year. (B) Purpose of Assessments. The Annual Assessments levied by the Association shall be used in the reasonable discretion of the Board of Directors to fulfill the duties and obligations of the Association specified in this Master Declaration including, without limitation, (i) the obligation to maintain and repair all Common Areas, excluding only the Limited Common Facilities (ii) to pay insurance premiums for casualty insurance insuring the improvements in the Common Area, and for errors and omissions insurance pertaining to the actions of the Board of Directors and Officers of the Association and (iii) the costs of professional management to manage the operations of the Association. (C) Method of Assessment. By a vote of a majority of the Board of Directors, the Board of Directors shall, on the basis specified in Section 12.7 below, fix the Annual Assessment for each assessment year at an amount sufficient to meet the obligations imposed by this Master Declaration upon the Association. The Board during any calendar year shall be entitled to increase, and collect from Owners, the Annual Assessment for that year if it should determine that the estimate or current assessment is insufficient for that year. The Board of Directors shall establish the date(s) the Annual Assessment shall become due, and the manner in which it shall be paid. Section 12.4 One -Time Assessment. Upon the closing of (i) the initial conveyance of each Lot to an Owner other than Declarant or the Exempt Builder, the purchaser of such Lot and/or Residence shall pay to the Association, in addition to any other amounts then owed or due to the Association, as a contribution to its working capital and start-up fund, a One -Time Assessment in the amount of Four Hundred Fifty Dollars ($450.00) against such Lot, which payment shall be non-refundable and shall not be considered as an advance payment of any assessment or other charge owed the Association with respect to such Lot. Such working capital and start-up fund shall be held and used by the Association for payment of, or reimbursement to Declarant for advances made to pay expenses of the Association for its early period of operation of the Development, to enable the Association to have cash available to meet unforeseen expenditures, or to acquire additional equipment or services deemed necessary by the Board. Section 12.5 Special Assessment. In addition to such other Special Assessments as may be authorized herein, the Board of Directors may levy in any year a Special Assessment(s) for the purpose of enforcing these covenants and restrictions, for legal expenses, for collection expenses, other activity that is the responsibility of an Owner hereunder but which such Owner has not undertaken as required hereunder, for defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement which the Association is required to maintain and/or for operating deficits which the Association may from time to time incur. Section 12.6 Violation Assessment. In addition to all other assessments as is authorized herein, the Board of Directors may levy a Violation Assessment to an Owner, (i) for a violation against this Master Declaration or (ii) for damages if any portion of the Common Area that the 30 Association is obligated to maintain, repair and/or replace is damaged due to the willful or negligent act or omission of such Owner or Owner's guest or invitee. In the event of such damage, the Board shall have the right to undertake the necessary maintenance, repair or replacement. The choice between repair or replacement shall be determined by the Board in its sole discretion. Section 12.7 Basis for Assessments Subject to provisions specified above regarding unproved and unimproved Lots owned by the Declarant, the Exempt Builder and the Shoopmans, each Lot owned by a Person shall be assessed at a uniform rate without regard to whether a Residence has been constructed upon the Lot. Section 12.8 Notice and Due Date. Written notice of Special Assessments and such other assessment notices as the Board of Directors shall deem appropriate shall be delivered to every Owner subject thereto. The due dates for all Assessments shall be established by the Board of Directors. Section 12.9 Assessment Liens. All Assessments, together with interest thereon, attorney's fees, and other costs of collection permitted by this Master Declaration to be collected, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Assessment is made until paid in full. Each Assessment, together with interest thereon and costs of collection thereof, including reasonable attorney fees, shall also be the personal obligation of the Person who was the Owner of the Lot at the time when the Assessment became due. Section 12.10 Failure of Owner to Pay Assessments. No Owner, by waiver of the use or enjoyment of the Common Areas, or by abandonment of the Residence belonging to such Owner, may exempt himself or herself from paying Annual Assessments or Special Assessments, or from contributing toward the expenses of administration and/or maintenance and repair of the Common Areas and toward any other expense lawfully agreed upon. Each Owner shall be personally liable for the payment of all Annual Assessments, Special Assessments, Violation Assessments and all other charges. Where the Owner constitutes more than one Person, the liability of such Persons shall be joint and several. If any Owner shall fail, refuse or neglect to make any payment of any Annual Assessments, One -Time Assessment, Special Assessments, or Violation Assessments when due, the lien for such Assessment on the Owner's Residence may be foreclosed by the Board of Directors for and on behalf of the Association, as provided by law, in the same manner as mortgages are foreclosed. Upon the failure of an Owner to make payments of any Annual Assessments, One -Time Assessment, Special Assessments, or Violation Assessments within ten (10) days after such are due, the Board of Directors, in its discretion and regardless of whether litigation is commenced, may: (A) impose a uniform late charge, which will be considered an addition to the assessment, in an amount to be determined by the Board of Directors of up to twenty-five percent (25%) of the amount of the Assessment; (B) accelerate the entire balance of the unpaid Assessments for the remainder of the fiscal year and declare the same immediately due and payable, notwithstanding any other provisions hereof to the contrary; 31 (C) require that, in addition to the delinquent assessment and any applicable late charge, the Owner of the respective Residence also pay (i) any attorneys fees incurred incident to the collection of the delinquent assessment and (ii) collection costs incurred by the Association to the managing agent for processing delinquent Owners' accounts; (D) suspend such Owner's right to use the Common Areas as provided in the Indiana Nonprofit Association Act of 1991, as amended; and (E) suspend such Owner's right to vote as provided in the Indiana Nonprofit Association Act of 1991, as amended. Section 12.11 Further Enforcement. In any action to foreclose the lien for any Assessments, the Board of Directors shall be entitled to the appointment of a receiver for the purpose of preserving the Residence and to collect the rentals and other profits therefrom for the benefit of the Association to be applied to the unpaid Annual Assessments, One -Time Assessment, Special Assessments, and/or Violation Assessments. The Board of Directors may, at its option, bring a suit to recover a money judgment for any unpaid Annual Assessments, One - Time Assessment, Special Assessments, and/or Violation Assessments without foreclosing or waiving the lien securing the same. In any action to recover an Annual Assessment, One -Time Assessment, Special Assessment, and/or Violation Assessments, whether by foreclosure or otherwise, the Board of Directors, for and on behalf of the Association, shall be entitled to recover costs and expenses of such action incurred, including but not limited to collections costs incurred by the Association to the managing agent for processing delinquent Owners' accounts and reasonable attorney's fees, from the Owner of the respective Residence. Section 12.12 Certificates. The Association shall, upon reasonable request by an Owner, at any time, furnish a letter in writing signed by an officer of the Association, indicating the accounting status of Assessments on a Lot showing the balance due the Association, if any. Section 12.13 Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein against a Lot shall be subordinate to the lien of any recorded first mortgage covering such Lot and to any valid tax or special assessment lien on such Lot in favor of any governmental taxing or assessing authority. Sale or transfer of any Lot shall not affect the lien of Assessments levied under this Article XII. The sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien of such Assessments which became due or are attributable to the period of time prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. 32 ARTICLE XIII REMEDIES Section 13.1 Delay or Failure to Enforce. No delay or failure on the part of any aggrieved party to invoke any available remedy with respect to a violation of any one or more of covenants, conditions, and restrictions in this Master Declaration shall be held to be a waiver by that party or an estoppel of that party of any right available to such party upon the occurrence, reoccurrence or continuation of such violation or violations of this Master Declaration. Section 13.2 In General. The Association or any party to whose benefit this Master Declaration inures, including the Declarant and/or any Owner, may proceed at law or in equity to prevent the occurrence or continuation of any violation of these restrictions, or to compel compliance with these restrictions and covenants, and shall be entitled to recover costs of collection and reasonable attorney's fees; however, neither the Declarant, nor the Association, shall be liable for damages of any kind to any Person for failing either to abide by, enforce, or carry out any terms, conditions, or restrictions contained in this Master Declaration. ARTICLE XIV EFFECT ON BECOMING AN OWNER Section 14.1 The Owner(s) of any Lot subject to this Master Declaration, by acceptance of a deed conveying title thereto, or by virtue of the execution of a contract for the purchase thereof, whether from Declarant, a Builder, or a subsequent Owner of such Lot, shall accept such deed and execute such contract subject to each and every covenant, condition, and restriction contained in this Master Declaration. By acceptance of such deed or execution of such contract each Owner acknowledges the rights and powers of the Declarant, Committee, and Association contained in this Master Declaration, and also, for themselves, their heirs, personal representatives, successors and assigns, such Owner(s) covenant, agree and consent to and with the Declarant, Committee and the Association and to and with the other Owners and subsequent Owners of each of the Lots affected by this Master Declaration to keep, observe, comply with and perform such covenants, conditions, and restrictions contained in this Master Declaration. ARTICLE XV TITLES Section 15.1 The titles preceding the various Sections and paragraphs of this Master Declaration are for convenience of reference only and none of theirs shall be used as an aid to the construction of any provisions of this Master Declaration. Wherever and whenever applicable, the singular form of any word shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean or apply to the feminine or to the neuter. 33 0 ARTICLE XVI COMPACTION Section 16.1 Compacted Fill Material on Lots. The Property and Lots contain fill material and, with respect to the compaction of Lots each Owner, excluding only the Exempt Builder, acknowledges and agrees that: A. Declarant makes no warranties or representations of any kind or nature, express or implied, with respect to the actual level or depth of fill on any of the Lots; B. Declarant makes no warranties or representations of any kind or nature, express or implied, with respect to the condition of the Property or any of the Lots or the type, size, or structural requirements for foundations, footers, pilings, or other subsurface devices that may be necessary to support any improvements on the Property on any of the Lots; C. It is the sole responsibility of each Owner, at Owner's sole cost and expense, to perform, with respect to such Owner's Lot, any soil and compaction testing that may be necessary to determine the existing subsurface soil conditions in order that any improvements will be supported on adequate foundations, footers, pilings, or other structural support devices; D. It is the sole responsibility of each Owner, at such Owner's sole cost and expense, to follow and comply with, and to cause such Owner's builder and contractors to follow and comply with the foregoing responsibilities during construction of such Owner's Residence; and E. Each Owner, at such Owner's sole cost and expense, shall be responsible, with respect to such Owner's Lot and Residence, for effecting any construction changes and any repairs necessary to address any compaction and/or subsurface soil conditions. ARTICLE XVII SEVERABILITY Section 17.1 Invalidation of anyone of the covenants, restrictions or provisions contained in this Master Declaration by judgment or court order shall not in any way affect any of the other provisions hereof, which shall remain in full force and effect. No delay or failure by any Person to enforce any of the restrictions or to invoke any available remedy with respect to a violation or violations thereof shall under any circumstances be deemed or held to be a waiver by that Person of the right to do so thereafter, or as estoppel of that Person to assert any right available to him upon the occurrence, recurrence or continuation of any violation or violations of the restrictions. 34 ARTICLE XVIII CONTINUATION OF DEVELOPMENT The Property is being developed by the Declarant into Lots intended for the construction of detached single family residences. The Owners recognize that other areas within the Property may be under development for an extended time. Incident to that development, the Owners acknowledge that the quiet enjoyment of the Property may be unavoidably interfered with to some extent by construction and sales operations. From time to time, Declarant and others have presented to the public certain renderings, plans, and models showing possible future development of the Property. Declarant does not warrant in any way the schemes in these renderings, plans or models. They are primarily schematic and in no way represent a final development plan for the Property. Notwithstanding anything to the contrary contained in this Declaration, every Lot within the Property shall be developed by Declarant and sold only to a Builder approved by Declarant. ARTICLE XIX DECLARANT'S RIGHTS Section 19.1 Any and all of the rights and obligations of the Declarant set forth in this Master Declaration may be transferred, in whole or in part, to other persons or entities, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Master Declaration. No such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded with the Recorder of Hamilton County, Indiana. Section 19.2 Nothing in this Master Declaration shall be construed in a manner that limits or restricts the Declarant in the development of the Property or the construction of Residences within the Property. Therefore, notwithstanding anything in this Master Declaration to the contrary, the Declarant may maintain and carry out upon any portion of the Property, including any Common Area, Lot, such facilities and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the development of the Property and the construction or sale of Residences including, without limitation, business offices, signs, model units, sales offices, and sales trailers. ARTICLE XX DURATION This Master Declaration and its covenants and restrictions are for the mutual benefit and protection of the present and future Owners, the Association, and Declarant, and shall run with the land and shall be binding on all parties and all Persons claiming under them until January 1, 2070, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless changed in whole or in part by vote of a majority of 35 the members of the Board. Notwithstanding the foregoing, all easements created in this Declaration shall be perpetual to the fullest extent of the law, unless otherwise specifically stated herein. ARTICLE XXI AMENDMENT TO THIS MASTER DECLARATION Section 21.1 This Master Declaration and the covenants, conditions and restrictions set forth in this Master Declaration, as from time to time amended in the manner hereafter set forth, shall run with the land and shall be binding upon the Persons owning any portion of the Property and all parties closing under them. This Master Declaration may be amended or modified at any time by an instrument recorded in the Office of the Recorder of Hamilton County, Indiana, approved and signed by at least seventy-five percent (75%) of the then Owners provided, however, that (i) none of the rights or duties of Declarant reserved or set out hereunder may be amended or changed without Declarant's prior written approval and (ii) that the terms and conditions of Section 10.3 of this Master Declaration may not be amended without the written consent of the Board of Directors of The Sanctuary at 121" Street Homeowners Association, Inc. Until the end of the Turnover Date, this Master Declaration may also be amended unilaterally by Declarant, without notice or vote but with Shoopmans' prior written consent for as long as Exempt Builder or Shoopmans own a Lot or own an interest in the Property; provided, however, that the terms and conditions of Section 10.3 of this Master Declaration may not be amended without the written consent of the board of directors of The Sanctuary at 121s' Street Homeowners Association, Inc. IN TESTIMONY WHEREOF, witness the signature of the Declarant of this Master Declaration as of the date first above written. PLATINUM PROPERTIES, LLC, an Indiana limited liability company By: , Steven R. Edwards, Vice President and Chief Financial Officer STATE OF INDIANA ) ) SS: COUNTY OF 14Art L-To;•I ) Before me, a Notary Public, in and for said County and State, personally appeared Steven R. Edwards, Vice President and Chief Financial Officer of Platinum Properties, LLC, an Indiana 36 l limited liability company and acknowledged the execution of the foregoing Master Declaration of Covenants, Conditions, and Restrictions of The Sanctuary at 116th Street this 28 '^ day of �g�Up y 2009, on behalf of Platinum Properties, LLC. '-71" • ERIC W. SIMONS $-NOTA`'=. Hamilton County =;v , s�My Commission Expires My Commission Expires: -z „; mh 21, 2016 Notary Public Resident of County, Indiana Printed: E. Shoopman Shelly E. Sho STATE OF INDIANA ) SS: COUNTY OF �JA,,t L-ry r ) Before me, a Notary Public, in and for said County and State, personally appeared Paul E. Shoopman and Shelly E. Shoopman, husband and wife, and ackn d the execution of the foregoing Master Declaration of Covenants, Conditions, a estrictions n tuary at 116th Street this Z& day of 1200 My Commission Expires: eu, A. Hobs No ry P c - Resident of FtSe~�iPl1 na Printed: County mission Expires, 1f19/4011 Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law — Charles D. Frankenberger. This Instrument Prepared by: Charles D. Frankenberger, Nelson & Frankenberger, 3105 E. 98th Street, Suite 170, Indianapolis, IN 46280 - (317) 844-0106. 37 EXHIBIT "A" LAND DESCRIPTION - REAL ESTATE Section 1 Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Beginning at the southwest corner of said Southwest Quarter thence North 89 degrees 49 minutes 47 seconds East (basis of bearing) along the south line of said Southwest Quarter a distance of 1449.85 feet; thence North 00 degrees 26 minutes 47 seconds East 70.00 feet; thence South 89 degrees 49 minutes 47 seconds West parallel with the south line of said Southwest Quarter 778.10 feet; thence North 45 degrees 13 minutes 46 minutes West 64.83 feet to a point of non - tangency on a curve, concave westerly, having a radius of 484.00 feet and a long chord bearing North 06 degrees 44 minutes 35 seconds West 67.41 feet; thence along said curve to the left an arc distance of 67.46 feet to the point of tangency thereof; thence North 13 degrees 09 minutes 08 seconds West 99.93 feet to the cusp of a curve, concave northeasterly, having a radius of 20.00 feet and a long chord bearing South 55 degrees 30 minutes 03 seconds East 27.52 feet; thence along said curve to the left an arc distance of 30.35 feet to the point of tangency thereof, thence North 81 degrees 01 minutes 27 seconds East 72.25 feet to the point of curvature of a curve, concave southwesterly, having a radius of 99.00 feet and a long chord bearing South 68 degrees 36 minutes 45 seconds East 100.09 feet; thence along said curve to the right an are distance of 104.93 feet to the point of reverse curvature of a curve, concave northeasterly, having a radius of 66.00 feet and a long chord bearing South 64 degrees 12 minutes 28 seconds East 57.78 feet; thence along said curve to the left an arc distance of 59.80 feet to the point of tangency thereof; thence North 89 degrees 50 minutes 01 seconds East 399.79 feet to the point of curvature of a curve, concave northwesterly, having a radius of 147.00 feet and a long chord bearing North 45 degrees 18 minutes 31 seconds East 206.16 feet; thence along said curve to the left an arc distance of 228.47 feet; thence North 06 degrees 57 minutes 24 seconds West 54.28 feet; thence North 00 degrees 27 minutes 01 seconds East 93.99 feet; thence North 89 degrees 32 minutes 59 seconds West 140.00 feet; thence North 21 degrees 44 minutes 00 seconds West 72.03 feet; thence North 47 degrees 12 minutes 43 seconds West 216.29 feet; thence North 36 degrees 46 minutes 02 seconds West 76.61 feet; thence North 25 degrees 36 minutes 25 seconds West 68.50 feet; thence North 00 degrees 02 minutes 01 seconds West 117.73 feet; thence North 33 degrees 41 minutes 04 seconds West 95.20 feet; thence North 06 degrees 40 minutes 18 seconds West 76.49 feet; thence North 72 degrees 31 minutes 18 seconds East 75.96 feet; thence North 16 degrees 26 minutes 41 seconds West 71.26 feet; thence South 90 degrees 00 minutes 00 seconds West 30.46 feet; thence North 60 degrees 01 minutes 14 seconds West 112.96 feet; thence North 36 degrees 36 minutes 10 seconds West 102.39 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 867.50 feet and a long chord bearing North 57 degrees 36 minutes 19 seconds East 127.31 feet; thence along said curve to the right an arc distance of 127.42 feet; thence North 22 degrees 38 minutes 14 seconds West 65.29 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 932.50 feet and a 38 long chord bearing North 65 degrees 16 minutes 58 seconds East 100.26 feet; thence along said curve to the right an arc distance of 100.31 feet; thence North 31 degrees 41 minutes 09 seconds West 287.99 feet; thence South 58 degrees 18 minutes 51 seconds West 96.41 feet; thence North 27 degrees 57 minutes 50 seconds West 58.12 feet; thence South 58 degrees 18 minutes 51 seconds West 12.81 feet to the point of curvature of a curve, concave southeasterly, having a radius of 1029.00 feet and a long chord bearing South 50 degrees 29 minutes 33 seconds West 280.07 feet; thence along said curve to the left an arc distance of 280.94 feet to the point of tangency thereof, thence South 42 degrees 40 minutes 15 seconds West 28.86 feet to the point of curvature of a curve, concave southeasterly, having a radius of 279.00 feet and a long chord bearing South 40 degrees 46 minutes 04 seconds West 18.53 feet; thence along said curve to the left an arc distance of 18.53 feet to the point of reverse curvature of curve, concave northerly, having a radius of 11.00 feet and a long chord bearing South 85 degrees 46 minutes 04 seconds West 16.06 feet; thence along said curve to the right an arc distance of 18.01 feet to the point of tangency thereof, thence North 47 degrees 19 minutes 45 seconds West 9.46 feet; thence South 42 degrees 31 minutes 31 seconds West 58.00 feet; thence North 47 degrees 19 minutes 45 seconds West 36.35 feet to the point of curvature of a curve, concave northeasterly, having a radius of 479.00 feet and a long chord bearing North 44 degrees 27 minutes 47 seconds West 47.90 feet; thence along said curve to the right an arc distance of 47.92 feet; thence South 48 degrees 24 minutes 10 seconds West 85.29 feet; thence South 85 degrees 27 minutes 01 seconds West 239.85 feet to the west line of said Southwest Quarter; thence South 00 degrees 10 minutes 35 seconds West along said west line 1430.04 feet to the northwest corner of the State of Indiana property described in Instrument 2000-38778 as found in the Office of the Recorder of Hamilton County, Indiana; thence the following five (5) courses along the perimeter of said instrument: (1) thence North 89 degrees 17 minutes 42 seconds East 28.99 feet; (2) thence South 74 degrees 00 minutes 21 seconds East 68.51 feet; (3) thence North 89 degrees 17 minutes 42 seconds East 131.23 feet; (4) thence South 80 degrees 26 minutes 34 seconds East 167.50 feet; (5) thence South 89 degrees 49 minutes 47 seconds West 391.39 feet to the west line of said quarter section; thence South 00 degrees 10 minutes 35 seconds West along said west line 16.50 feet to the point of beginning, containing 37.489 acres, more or less. Also, Section 2A: Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the northwest corner of the Southwest Quarter of said Quarter Section; thence South 00 degrees 10 minutes 35 seconds West along the west line of said Southwest Quarter 1148.74 feet to the northwest corner of the plat of The Sanctuary at 116th Street Section One reo rrrstr"tent 9099 -- as found in the Office of the Recorder of Hamilton County, Indiana; thence the following fourteen (14) courses along the north line of said Instrument: (1) thence North 85 degrees 27 minutes 01 seconds East 239.85 feet; (2) thence North 48 degrees 24 minutes 10 seconds East 85.29 feet to a point of non -tangency on a curve, concave northeasterly, having a radius of 479.00 feet and a long chord bearing South 44 degrees 27 minutes 47 seconds East 47.90 feet; (3) thence along said curve to the left an arc distance of 47.92 feet to the point of 39 tangency thereof, (4) thence South 47 degrees 19 minutes 45 seconds East 36.35 feet; (5) thence North 42 degrees 31 minutes 31 seconds East 58.00 feet; (6) thence South 47 degrees 19 minutes 45 seconds East 9.46 feet to the point of curvature of a curve, concave northerly, having a radius of 11.00 feet and a long chord bearing North 85 degrees 46 minutes 05 seconds East 16.06 feet; (7) thence along said curve to the left an arc distance of 18.01 feet to the point of reverse curvature of a curve, concave southeasterly, having a radius of 279.00 feet and a long chord bearing North 40 degrees 46 minutes 05 seconds East 18.53 feet; (8) thence along said curve to the right an arc distance of 18.53 feet to the point of tangency thereof; (9) thence North 42 degrees 40 minutes 15 seconds East 28.86 feet to the point of curvature of a curve, concave southeasterly, having a radius of 1029.00 feet and a long chord bearing North 50 degrees 29 minutes 33 seconds East 280.07 feet; (10) thence along said curve to the right an arc distance of 280.94 feet to the point of tangency thereof, (11) thence North 58 degrees 18 minutes 51 seconds East 12.81 feet; (12) thence South 27 degrees 57 minutes 50 seconds East 58.12 feet; (13) thence North 58 degrees 18 minutes 51 seconds East 96.41 feet; (14) thence South 31 degrees 41 minutes 09 seconds East 116.00 feet to the Point of Beginning; thence North 58 degrees 18 minutes 51 seconds East 142.34 feet; thence South 60 degrees 43 minutes 34 seconds East 124.99 feet; thence South 14 degrees 40 minutes 04 seconds East 177.50 feet; thence North 75 degrees 19 minutes 56 seconds East 7.45 feet; thence South 14 degrees 40 minutes 04 seconds East 157.50 feet; thence South 38 degrees 46 minutes 52 seconds West 144.46 feet; thence South 72 degrees 42 minutes 19 seconds West 115.12 feet; thence South 90 degrees 00 minutes 00 seconds West 15.53 feet to the east line of The Sanctuary at 116th Street Section One per said Instrument; thence the following seven (7) courses along the eastern line of said Instrument: (1) thence South 90 degrees 00 minutes 00 seconds West 30.46 feet; (2) thence North 60 degrees 01 minutes 14 seconds West 112.96 feet; (3) thence North 36 degrees 36 minutes 10 seconds West 102.39 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 867.50 feet and a long chord bearing North 57 degrees 36 minutes 19 seconds East 127.31 feet; (4) thence along said curve to the right an arc distance of 127.42 feet; (5) thence North 22 degrees 38 minutes 14 seconds West 65.29 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 932.50 feet and a long chord bearing North 65 degrees 16 minutes 58 seconds East 100.26 feet; (6) thence along said curve to the right an arc distance of 100.31 feet; (7) thence North 31 degrees 41 minutes 09 seconds West 171.99 feet to the Point of Beginning, containing 2.944 acres, more or less. Also, Section 3: Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of said Southwest Quarter thence North 89 degrees 49 minutes 47 seconds East (basis of bearing) along the south line of said Southwest Quarter a distance of 1449.85 feet to the southeast corner of The Sanctuary at 116th Street Section One rff instrument 02669 @ in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 26 minutes 47 seconds East 70.00 feet along the east line of said The 40 r5 Sanctuary at 1 I6th Street Section One to the Point of Beginning of the following described real estate: thence the following (22) courses along the perimeter of The Sanctuary at 116th Street Section One: (1) thence South 89 degrees 49 minutes 47 seconds West 778.10 feet; (2) thence North 45 degrees 13 minutes 46 minutes West 64.83 feet to a point of non -tangency on a curve, concave westerly, having a radius of 484.00 feet and a long chord bearing North 06 degrees 44 minutes 35 seconds West 67.41 feet; (3) thence along said curve to the left an arc distance of 67.46 feet to the point of tangency thereof; (4) thence North 13 degrees 09 minutes 08 seconds West 99.93 feet to the cusp of a curve, concave northeasterly, having a radius of 20.00 feet and a long chord bearing South 55 degrees 30 minutes 03 seconds East 27.52 feet; (5) thence along said curve to the left an arc distance of 30.35 feet to the point of tangency thereof; (6) thence North 81 degrees O1 minutes 27 seconds East 72.25 feet to the point of curvature of a curve, concave southwesterly, having a radius of 99.00 feet and a long chord bearing South 68 degrees 36 minutes 45 seconds East 100.09 feet; (7) thence along said curve to the right an arc distance of 104.93 feet to the point of reverse curvature of a curve, concave northeasterly, having a radius of 66.00 feet and a long chord bearing South 64 degrees 12 minutes 28 seconds East 57.78 feet; (8) thence along said curve to the left an arc distance of 59.80 feet to the point of tangency thereof, (9) thence North 89 degrees 50 minutes 01 seconds East 399.79 feet to the point of curvature of a curve, concave northwesterly, having a radius of 147.00 feet and a long chord bearing North 45 degrees 18 minutes 31 seconds East 206.16 feet; (10) thence along said curve to the left an arc distance of 228.47 feet; (11) thence North 06 degrees 57 minutes 24 seconds West 54.28 feet; (12) thence North 00 degrees 27 minutes 01 seconds East 93.99 feet; (13) thence North 89 degrees 32 minutes 59 seconds West 140.00 feet; (14) thence North 21 degrees 44 minutes 00 seconds West 72.03 feet; (15) thence North 47 degrees 12 minutes 43 seconds West 216.29 feet; (16) thence North 36 degrees 46 minutes 02 seconds West 76.61 feet; (17) thence North 25 degrees 36 minutes 25 seconds West 68.50 feet; (18) thence North 00 degrees 02 minutes 01 seconds West 117.73 feet; (19) thence North 33 degrees 41 minutes 04 seconds West 95.20 feet; (20) thence North 06 degrees 40 minutes 18 seconds West 76.49 feet; (21) thence North 72 degrees 31 minutes 18 seconds East 75.96 feet; (22) thence North 16 degrees 26 minutes 41 seconds West 71.26 feet to the southwest corner of The Sanctuary at 116th Street Section Two "A" in said Recorder's Office; thence the following three (3) courses along the southern boundary of said Instrument: (1) thence North 90 degrees 00 minutes 00 seconds East 15.53 feet; (2) thence North 72 degrees 42 minutes 19 seconds East 115.12 feet; (3) thence North 38 degrees 46 minutes 52 seconds East 144.46 feet; thence North 75 degrees 19 minutes 56 seconds East 89.00 feet; thence South 80 degrees 47 minutes 50 seconds East 93.70 feet; thence North 79 degrees 38 minutes 08 seconds East 156.71 feet; thence North 69 degrees 46 minutes 17 seconds East 95.20 feet; thence North 09 degrees 56 minutes 18 seconds East 48.55 feet; thence South 81 degrees 13 minutes 08 seconds East 985.82 feet to the easterly line of instrument #2007-047231 in said recorders office; thence South 02 degrees 04 minutes 47 seconds West along said easterly line 740.33 feet to the north line of instrument #2004-85103 in said recorders office; thence North 88 degrees 44 minutes 37 seconds West along north line of said instrument #2004-85103 217.30 feet to the northwesterly corner thereof, thence South 00 degrees 26 minutes 47 seconds West along the west line of said instrument #2004-85103 582.94 feet to the south line of said Southwest Quarter; thence along said south line South 89 degrees 49 minutes 47 seconds West 461.04 feet; thence North 00 degrees 26 minutes 47 seconds East 577.50 feet; thence South 89 degrees 49 minutes 47 seconds West 41 parallel with the south line of said quarter section 426.17 feet; thence South 00 degrees 26 minutes 47 seconds West 507.50 feet to the Point of Beginning, containing 38.771 acres, more or less. Also, Section 4A: Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the northwest corner of said Southwest Quarter; thence along the west line thereof South 00 degrees 10 minutes 35 seconds West 603.93 feet to the Point of Beginning; thence continuing along said west line South 00 degrees 10 minutes 35 seconds West 544.81 feet to the northwest corner of The Sanctuary at 116th Street Section One per the plat thereof recorded 3400 in the Office of the Recorder of Hamilton County, Indiana; thence the following (13) courses along the north line of said instrument: (1) thence North 85 degrees 27 minutes 01 seconds East 239.85 feet; (2) thence North 48 degrees 24 minutes 10 seconds East 85.29 feet to a point of non -tangency on a curve, concave northeasterly, having a radius of 479.00 feet and a long chord bearing South 44 degrees 27 minutes 47 seconds East 47.90 feet; (3) thence along said curve to the left an arc distance of 47.92 feet to the point of tangency thereof; (4) thence South 47 degrees 19 minutes 45 seconds East 36.35 feet; (5) thence North 42 degrees 31 minutes 31 seconds East 58.00 feet; (6) thence South 47 degrees 19 minutes 45 seconds East 9.46 feet to the point of curvature on a curve, concave northerly, having a radius of 11.00 feet and a long chord bearing North 85 degrees 46 minutes 05 seconds East 16.06 feet; (7) thence along said curve to the left an arc distance of 18.01 feet to a point of reverse curvature with a curve, concave southeasterly, having a radius of 279.00 feet and a long chord bearing North 40 degrees 46 minutes 05 seconds East 18.53 feet; (8) thence along said curve to the right an arc distance of 18.53 feet; (9) thence North 42 degrees 40 minutes 15 seconds East 28.86 feet to the point of curvature of a curve, concave southeasterly, having a radius of 1029.00 feet and a long chord bearing North 50 degrees 29 minutes 33 seconds East 280.07 feet; (10) thence along said curve to the right an arc distance of 280.94 feet to the point of tangency thereof, (11) thence North 58 degrees 18 minutes 51 seconds East 12.81 feet; (12) thence South 27 degrees 57 minutes 50 seconds East 58.12 feet; (13) thence North 58 degrees 18 minutes 51 seconds East 96.41 feet; thence North 31 degrees 59 minutes 47 seconds West 58.00 feet; thence North 35 degrees 01 minutes 53 seconds West 148.67 feet; thence North 42 degrees 45 minutes 03 seconds West 178.97 feet; thence South 79 degrees 59 minutes 08 seconds West 126.14 feet; thence South 32 degrees 19 minutes 32 seconds West 108.49 feet; thence North 76 degrees 31 minutes 41 seconds West 125.26 feet to a point of non -tangency of a curve, concave easterly, having a radius of 42 1. 00 feet and a long chord bearing North 13 degrees 57 minutes 59 seconds East 7.27 feet; thence along said curve to the right an are distance of 7.27 feet; thence North 75 degrees 32 minutes 20 seconds West 144.30 feet to the point of curvature of a curve, concave southerly. having a radius of 325.00 feet and a long chord bearing North 83 degrees 04 minutes 52 seconds West 85.32 feet; thence along said curve to the left an arc distance of 85.56 feet to the point of tangency thereof, thence South 89 degrees 22 minutes 36 seconds West 27.32 feet to the Point of Beginning, containing 7.135 acres, more of less. 42 C EXHIBIT "B" LAND DESCRIPTION - ADDITIONAL REAL ESTATE A part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning at the southwest corner of the Southwest Quarter of Section 31, Township 18 North, Range 3 East, Hamilton County, Indiana; thence North 89 degrees 49 minutes 47 seconds East (assumed bearing) on the south line of said Southwest Quarter 1449.85 feet; thence North 00 degrees 26 minutes 47 seconds East 577.50 feet; thence North 89 degrees 49 minutes 47 seconds East 426.17 feet; thence South 00 degrees 26 minutes 47 seconds West 577.50 feet to a point on said south line; thence North 89 degrees 49 minutes 47 seconds East on said south line 469.53 feet; thence North 00 degrees 26 minutes 47 seconds East 577.50 feet; thence North 89 degrees 49 minutes 47 seconds East 208.80 feet; thence North 02 degrees 04 minutes 47 seconds East 740.36 feet; thence North 89 degrees 53 minutes 13 seconds East 197.13 feet to the northeast corner of the Southeast Quarter of said Southwest Quarter; thence North 00 degrees 30 minutes 00 seconds East on the east line of said Southwest Quarter 1317.15 feet to the northeast corner of said Southwest Quarter; thence South 89 degrees 58 minutes 25 seconds West on the north line of said Southwest Quarter 2786.20 feet to the northwest corner of said Southwest Quarter; thence South 00 degrees 10 minutes 35 seconds West on the west line of said Southwest Quarter 2578.79 feet to the northwest corner of the real estate conveyed to the State of Indiana in Instrument No. 2000-38778 in the Office of the Recorder of Hamilton County, Indiana; thence the following five calls along the perimeter of said real estate: 1.) North 89 degrees 17 minutes 42 seconds East 28.99 feet; 2.) South 74 degrees 00 minutes 21 seconds East 68.51 feet; 3.) North 89 degrees 17 minutes 42 seconds East 131.23 feet; 4.) South 80 degrees 26 minutes 34 seconds East 167.50 feet; 5.) South 89 degrees 49 minutes 47 seconds West 391.39 feet to a point on the west line of said Southwest Quarter; thence South 00 degrees 10 minutes 35 seconds West on said west line 16.50 feet to the Point of Beginning, containing 153.22 acres, more or less. Except: Section 1 Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Beginning at the southwest corner of said Southwest Quarter thence North 89 degrees 49 minutes 47 seconds East (basis of bearing) along the south line of said Southwest Quarter a distance of 1449.85 feet; thence North 00 degrees 26 minutes 47 seconds East 70.00 feet; thence South 89 degrees 49 minutes 47 seconds West parallel with the south line of said Southwest Quarter 778.10 feet; thence North 45 degrees 13 minutes 46 minutes West 64.83 feet to a point of non - tangency on a curve, concave westerly, having a radius of 484.00 feet and a long chord bearing North 06 degrees 44 minutes 35 seconds West 67.41 feet; thence along said curve to the left an arc distance of 67.46 feet to the point of tangency thereof; thence North 13 degrees 09 minutes 43 .757 08 seconds West 99.93 feet to the cusp of a curve, concave northeasterly, having a radius of 20.00 feet and a long chord bearing South 55 degrees 30 minutes 03 seconds East 27.52 feet; thence along said curve to the left an arc distance of 30.35 feet to the point of tangency thereof, thence North 81 degrees 01 minutes 27 seconds East 72.25 feet to the point of curvature of a curve, concave southwesterly, having a radius of 99.00 feet and a long chord bearing South 68 degrees 36 minutes 45 seconds East 100.09 feet; thence along said curve to the right an arc distance of 104.93 feet to the point of reverse curvature of a curve, concave northeasterly, having a radius of 66.00 feet and a long chord bearing South 64 degrees 12 minutes 28 seconds East 57.78 feet; thence along said curve to the left an arc distance of 59.80 feet to the point of tangency thereof, thence North 89 degrees 50 minutes 01 seconds East 399.79 feet to the point of curvature of a curve, concave northwesterly, having a radius of 147.00 feet and a long chord bearing North 45 degrees 18 minutes 31 seconds East 206.16 feet; thence along said curve to the left an arc distance of 228.47 feet; thence North 06 degrees 57 minutes 24 seconds West 54.28 feet; thence North 00 degrees 27 minutes 01 seconds East 93.99 feet; thence North 89 degrees 32 minutes 59 seconds West 140.00 feet; thence North 21 degrees 44 minutes 00 seconds West 72.03 feet; thence North 47 degrees 12 minutes 43 seconds West 216.29 feet; thence North 36 degrees 46 minutes 02 seconds West 76.61 feet; thence North 25 degrees 36 minutes 25 seconds West 68.50 feet; thence North 00 degrees 02 minutes 01 seconds West 117.73 feet; thence North 33 degrees 41 minutes 04 seconds West 95.20 feet; thence North 06 degrees 40 minutes 18 seconds West 76.49 feet; thence North 72 degrees 31 minutes 18 seconds East 75.96 feet; thence North 16 degrees 26 minutes 41 seconds West 71.26 feet; thence South 90 degrees 00 minutes 00 seconds West 30.46 feet; thence North 60 degrees 01 minutes 14 seconds West 112.96 feet; thence North 36 degrees 36 minutes 10 seconds West 102.39 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 867.50 feet and a long chord bearing North 57 degrees 36 minutes 19 seconds East 127.31 feet; thence along said curve to the right an arc distance of 127.42 feet; thence North 22 degrees 38 minutes 14 seconds West 65.29 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 932.50 feet and a long chord bearing North 65 degrees 16 minutes 58 seconds East 100.26 feet; thence along said curve to the right an arc distance of 100.31 feet; thence North 31 degrees 41 minutes 09 seconds West 287.99 feet; thence South 58 degrees 18 minutes 51 seconds West 96.41 feet; thence North 27 degrees 57 minutes 50 seconds West 58.12 feet; thence South 58 degrees 18 minutes 51 seconds West 12.81 feet to the point of curvature of a curve, concave southeasterly, having a radius of 1029.00 feet and a long chord bearing South 50 degrees 29 minutes 33 seconds West 280.07 feet; thence along said curve to the left an arc distance of 280.94 feet to the point of tangency thereof; thence South 42 degrees 40 minutes 15 seconds West 28.86 feet to the point of curvature of a curve, concave southeasterly, having a radius of 279.00 feet and a long chord bearing South 40 degrees 46 minutes 04 seconds West 18.53 feet; thence along said curve to the left an arc distance of 18.53 feet to the point of reverse curvature of curve, concave northerly, having a radius of 11.00 feet and a long chord bearing South 85 degrees 46 minutes 04 seconds West 16.06 feet; thence along said curve to the right an arc distance of 18.01 feet to the point of tangency thereof, thence North 47 degrees 19 minutes 45 seconds West 9.46 feet; thence South 42 degrees 31 minutes 31 seconds West 58.00 feet; thence North 47 degrees 19 minutes 45 seconds West 36.35 feet to the point of curvature of a curve, concave northeasterly, having a radius of 479.00 feet and a long chord bearing North 44 degrees 27 minutes 47 seconds West 47.90 feet; thence along said curve to the right an arc distance of 47.92 feet; thence South 48 degrees 24 minutes 10 seconds West 85.29 feet; thence South 85 degrees 27 minutes 01 seconds 44 West 239.85 feet to the west line of said Southwest Quarter; thence South 00 degrees 10 minutes 35 seconds West along said west line 1430.04 feet to the northwest corner of the State of Indiana property described in Instrument 2000-38778 as found in the Office of the Recorder of Hamilton County, Indiana; thence the following five (5) courses along the perimeter of said instrument: (1) thence North 89 degrees 17 minutes 42 seconds East 28.99 feet; (2) thence South 74 degrees 00 minutes 21 seconds East 68.51 feet; (3) thence North 89 degrees 17 minutes 42 seconds East 131.23 feet; (4) thence South 80 degrees 26 minutes 34 seconds East 167.50 feet; (5) thence South 89 degrees 49 minutes 47 seconds West 391.39 feet to the west line of said quarter section; thence South 00 degrees 10 minutes 35 seconds West along said west line 16.50 feet to the point of beginning, containing 37.489 acres, more or less. Also, except: Section 2A: Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the northwest corner of the Southwest Quarter of said Quarter Section; thence South 00 degrees 10 minutes 35 seconds West along the west line of said Southwest Quarter 1148.74 feet to the northwest corner of the plat of The Sanctuary at 116th Street Section One per- ifts+f"t"etrt�909 • as found in the Office of the Recorder of Hamilton County, Indiana; thence the following fourteen (14) courses along the north line of said Instrument: (1) thence North 85 degrees 27 minutes 01 seconds East 239.85 feet; (2) thence North 48 degrees 24 minutes 10 seconds East 85.29 feet to a point of non -tangency on a curve, concave northeasterly, having a radius of 479.00 feet and a long chord bearing South 44 degrees 27 minutes 47 seconds East 47.90 feet; (3) thence along said curve to the left an arc distance of 47.92 feet to the point of tangency thereof; (4) thence South 47 degrees 19 minutes 45 seconds East 36.35 feet; (5) thence North 42 degrees 31 minutes 31 seconds East 58.00 feet; (6) thence South 47 degrees 19 minutes 45 seconds East 9.46 feet to the point of curvature of a curve, concave northerly, having a radius of 11.00 feet and a long chord bearing North 85 degrees 46 minutes 05 seconds East 16.06 feet; (7) thence along said curve to the left an arc distance of 18.01 feet to the point of reverse curvature of a curve, concave southeasterly, having a radius of 279.00 feet and a long chord bearing North 40 degrees 46 minutes 05 seconds East 18.53 feet; (8) thence along said curve to the right an arc distance of 18.53 feet to the point of tangency thereof; (9) thence North 42 degrees 40 minutes 15 seconds East 28.86 feet to the point of curvature of a curve, concave southeasterly, having a radius of 1029.00 feet and a long chord bearing North 50 degrees 29 minutes 33 seconds East 280.07 feet; (10) thence along said curve to the right an arc distance of 280.94 feet to the point of tangency thereof, (11) thence North 58 degrees 18 minutes 51 seconds East 12.81 feet; (12) thence South 27 degrees 57 minutes 50 seconds East 58.12 feet; (13) thence North 58 degrees 18 minutes 51 seconds East 96.41 feet; (14) thence South 31 degrees 41 minutes 09 seconds East 116.00 feet to the Point of Beginning; thence North 58 degrees 18 minutes 51 seconds East 142.34 feet; thence South 60 degrees 43 minutes 34 seconds East 124.99 feet; thence South 14 degrees 40 minutes 04 seconds East 177.50 feet; thence North 75 degrees 19 minutes 56 seconds East 7.45 feet; thence South 14 45 l degrees 40 minutes 04 seconds East 157.50 feet; thence South 38 degrees 46 minutes 52 seconds West 144.46 feet; thence South 72 degrees 42 minutes 19 seconds West 115.12 feet; thence South 90 degrees 00 minutes 00 seconds West 15.53 feet to the east line of The Sanctuary at 116th Street Section One per said Instrument; thence the following seven (7) courses along the eastern line of said Instrument: (1) thence South 90 degrees 00 minutes 00 seconds West 30.46 feet; (2) thence North 60 degrees 01 minutes 14 seconds West 112.96 feet; (3) thence North 36 degrees 36 minutes 10 seconds West 102.39 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 867.50 feet and a long chord bearing North 57 degrees 36 minutes 19 seconds East 127.31 feet; (4) thence along said curve to the right an arc distance of 127.42 feet; (5) thence North 22 degrees 38 minutes 14 seconds West 65.29 feet to a point of non -tangency on a curve, concave southeasterly, having a radius of 932.50 feet and a long chord bearing North 65 degrees 16 minutes 58 seconds East 100.26 feet; (6) thence along said curve to the right an arc distance of 100.31 feet; (7) thence North 31 degrees 41 minutes 09 seconds West 171.99 feet to the Point of Beginning, containing 2.944 acres, more or less. Also, except: Section 3: Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: " Commencing at the southwest corner of said Southwest Quarter thence North 89 degrees 49 minutes 47 seconds East (basis of bearing) along the south line of said Southwest Quarter a distance of 1449.85 feet to the southeast corner of The Sanctuary at 116th Street Section One 1" ,itq4�FA@ot4200P in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 26 minutes 47 seconds East 70.00 feet along the east line of said The Sanctuary at 116th Street Section One to the Point of Beginning of the following described real estate: thence the following (22) courses along the perimeter of The Sanctuary at 116th Street Section One: (1) thence South 89 degrees 49 minutes 47 seconds West 778.10 feet; (2) thence North 45 degrees 13 minutes 46 minutes West 64.83 feet to a point of non -tangency on a curve, concave westerly, having a radius of 484.00 feet and a long chord bearing North 06 degrees 44 minutes 35 seconds West 67.41 feet; (3) thence along said curve to the left an arc distance of 67.46 feet to the point of tangency thereof; (4) thence North 13 degrees 09 minutes 08 seconds West 99.93 feet to the cusp of a curve, concave northeasterly, having a radius of 20.00 feet and a long chord bearing South 55 degrees 30 minutes 03 seconds East 27.52 feet; (5) thence along said curve to the left an arc distance of 30.35 feet to the point of tangency thereof; (6) thence North 81 degrees O1 minutes 27 seconds East 72.25 feet to the point of curvature of a curve, concave southwesterly, having a radius of 99.00 feet and a long chord bearing South 68 degrees 36 minutes 45 seconds East 100.09 feet; (7) thence along said curve to the right an arc distance of 104.93 feet to the point of reverse curvature of a curve, concave northeasterly, having a radius of 66.00 feet and a long chord bearing South 64 degrees 12 minutes 28 seconds East 57.78 feet; (8) thence along said curve to the left an arc distance of 59.80 feet to the point of tangency thereof, (9) thence North 89 degrees 50 minutes 01 seconds East 399.79 feet to the point of curvature of a curve, concave northwesterly, having a radius of 147.00 feet and a long chord bearing North 45 46 degrees 18 minutes 31 seconds East 206.16 feet; (10) thence along said curve to the left an arc distance of 228.47 feet; (11) thence North 06 degrees 57 minutes 24 seconds West 54.28 feet; (12) thence North 00 degrees 27 minutes 01 seconds East 93.99 feet; (13) thence North 89 degrees 32 minutes 59 seconds West 140.00 feet; (14) thence North 21 degrees 44 minutes 00 seconds West 72.03 feet; (15) thence North 47 degrees 12 minutes 43 seconds West 216.29 feet; (16) thence North 36 degrees 46 minutes 02 seconds West 76.61 feet; (17) thence North 25 degrees 36 minutes 25 seconds West 68.50 feet; (18) thence North 00 degrees 02 minutes 01 seconds West 117.73 feet; (19) thence North 33 degrees 41 minutes 04 seconds West 95.20 feet; (20) thence North 06 degrees 40 minutes 18 seconds West 76.49 feet; (21) thence North 72 degrees 31 minutes 18 seconds East 75.96 feet; (22) thence North 16 degrees 26 minutes 41 seconds West 71.26 feet to the southwest corner of The Sanctuary at I I6th Street Section Two «A» in said Recorder's Office; thence the following three (3) courses along the southern boundary of said Instrument: (1) thence North 90 degrees 00 minutes 00 seconds East 15.53 feet; (2) thence North 72 degrees 42 minutes 19 seconds East 115.12 feet; (3) thence North 38 degrees 46 minutes 52 seconds East 144.46 feet; thence North 75 degrees 19 minutes 56 seconds East 89.00 feet; thence South 80 degrees 47 minutes 50 seconds East 93.70 feet; thence North 79 degrees 38 minutes 08 seconds East 156.71 feet; thence North 69 degrees 46 minutes 17 seconds East 95.20 feet; thence North 09 degrees 56 minutes 18 seconds East 48.55 feet; thence South 81 degrees 13 minutes 08 seconds East 985.82 feet to the easterly line of instrument #2007-047231 in said recorders office; thence South 02 degrees 04 minutes 47 seconds West along said easterly line 740.33 feet to the north line of instrument #2004-85103 in said recorders office; thence North 88 degrees 44 minutes 37 seconds West along north line of said instrument #2004-85103 217.30 feet to the northwesterly corner thereof, thence South 00 degrees 26 minutes 47 seconds West along the west line of said instrument #2004-85103 582.94 feet to the south line of said Southwest Quarter; thence along said south line South 89 degrees 49 minutes 47 seconds West 461.04 feet; thence North 00 degrees 26 minutes 47 seconds East 577.50 feet; thence South 89 degrees 49 minutes 47 seconds West parallel with the south line of said quarter section 426.17 feet; thence South 00 degrees 26 minutes 47 seconds West 507.50 feet to the Point of Beginning, containing 38.771 acres, more or less. Also, except: Section 4A: Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the northwest corner of said Southwest Quarter; thence along the west line thereof South 00 degrees 10 minutes 35 seconds West 603.93 feet to the Point of Beginning; thence continuing along said west line South 00 degrees 10 minutes 35 seconds West 544.81 feet to the northwest corner of The Sanctuary at I I6th Street Section One per the plat thereof recorded as Inslf++i-neot-20-"�- in the Office of the Recorder of Hamilton County, Indiana; thence the following (13) courses along the north line of said instrument: (1) thence North 85 degrees 27 minutes 01 seconds East 239.85 feet; (2) thence North 48 degrees 24 minutes 10 seconds East 85.29 feet to a point of non -tangency on a curve, concave northeasterly, having a radius of 479.00 feet and a long chord bearing South 44 degrees 27 minutes 47 seconds 47 pr East 47.90 feet; (3) thence along said curve to the left an arc distance of 47.92 feet to the point of tangency thereof, (4) thence South 47 degrees 19 minutes 45 seconds East 36.35 feet; (5) thence North 42 degrees 31 minutes 31 seconds East 58.00 feet; (6) thence South 47 degrees 19 minutes 45 seconds East 9.46 feet to the point of curvature on a curve, concave northerly, having a radius of 11.00 feet and a long chord bearing North 85 degrees 46 minutes 05 seconds East 16.06 feet; (7) thence along said curve to the left an arc distance of 18.01 feet to a point of reverse curvature with a curve, concave southeasterly, having a radius of 279.00 feet and a long chord bearing North 40 degrees 46 minutes 05 seconds East 18.53 feet; (8) thence along said curve to the right an arc distance of 18.53 feet; (9) thence North 42 degrees 40 minutes 15 seconds East 28.86 feet to the point of curvature of a curve, concave southeasterly, having a radius of 1029.00 feet and a long chord bearing North 50 degrees 29 minutes 33 seconds East 280.07 feet; (10) thence along said curve to the right an arc distance of 280.94 feet to the point of tangency thereof, (11) thence North 58 degrees 18 minutes 51 seconds East 12.81 feet; (12) thence South 27 degrees 57 minutes 50 seconds East 58.12 feet; (13) thence North 58 degrees 18 minutes 51 seconds East 96.41 feet; thence North 31 degrees 59 minutes 47 seconds West 58.00 feet; thence North 35 degrees 01 minutes 53 seconds West 148.67 feet; thence North 42 degrees 45 minutes 03 seconds West 178.97 feet; thence South 79 degrees 59 minutes 08 seconds West 126.14 feet; thence South 32 degrees 19 minutes 32 seconds West 108.49 feet; thence North 76 degrees 31 minutes 41 seconds West 125.26 feet to a point of non -tangency of a curve, concave easterly, having a radius of 421.00 feet and a long chord bearing North 13 degrees 57 minutes 59 seconds East 7.27 feet; thence along said curve to the right an arc distance of 7.27 feet; thence North 75 degrees 32 minutes 20 seconds West 144.30 feet to the point of curvature of a curve, concave southerly. having a radius of 325.00 feet and a long chord bearing North 83 degrees 04 minutes 52 seconds West 85.32 feet; thence along said curve to the left an arc distance of 85.56 feet to the point of tangency thereof, thence South 89 degrees 22 minutes 36 seconds West 27.32 feet to the Point of Beginning, containing 7.135 acres, more of less. 48 EXHIBIT "C" LAND DESCRIPTION - THE ESTATES AT THE SANCTUARY Section 3: Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of said Southwest Quarter thence North 89 degrees 49 minutes 47 seconds East (basis of bearing) along the south line of said Southwest Quarter a distance of 1449.85 feet to the southeast corner of The Sanctuary at 116th Street Section One pm- ifistFal'Aefft 4200P in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 26 minutes 47 seconds East 70.00 feet along the east line of said The Sanctuary at 116th Street Section One to the Point of Beginning of the following described real estate: thence the following (22) courses along the perimeter of The Sanctuary at 116th Street Section One: (1) thence South 89 degrees 49 minutes 47 seconds West 778.10 feet; (2) thence North 45 degrees 13 minutes 46 minutes West 64.83 feet to a point of non -tangency on a curve, concave westerly, having a radius of 484.00 feet and a long chord bearing North 06 degrees 44 minutes 35 seconds West 67.41 feet; (3) thence along said curve to the left an are distance of 67.46 feet to the point of tangency thereof, (4) thence North 13 degrees 09 minutes 08 seconds West 99.93 feet to the cusp of a curve, concave northeasterly, having a radius of 20.00 feet and a long chord bearing South 55 degrees 30 minutes 03 seconds East 27.52 feet; (5) thence along said curve to the left an arc distance of 30.35 feet to the point of tangency thereof, (6) thence North 81 degrees 01 minutes 27 seconds East 72.25 feet to the point of curvature of a curve, concave southwesterly, having a radius of 99.00 feet and a long chord bearing South 68 degrees 36 minutes 45 seconds East 100.09 feet; (7) thence along said curve to the right an arc distance of 104.93 feet to the point of reverse curvature of a curve, concave northeasterly, having a radius of 66.00 feet and a long chord bearing South 64 degrees 12 minutes 28 seconds East 57.78 feet; (8) thence along said curve to the left an arc distance of 59.80 feet to the point of tangency thereof, (9) thence North 89 degrees 50 minutes 01 seconds East 399.79 feet to the point of curvature of a curve, concave northwesterly, having a radius of 147.00 feet and a long chord bearing North 45 degrees 18 minutes 31 seconds East 206.16 feet; (10) thence along said curve to the left an arc distance of 228.47 feet; (11) thence North 06 degrees 57 minutes 24 seconds West 54.28 feet; (12) thence North 00 degrees 27 minutes 01 seconds East 93.99 feet; (13) thence North 89 degrees 32 minutes 59 seconds West 140.00 feet; (14) thence North 21 degrees 44 minutes 00 seconds West 72.03 feet; (15) thence North 47 degrees 12 minutes 43 seconds West 216.29 feet; (16) thence North 36 degrees 46 minutes 02 seconds West 76.61 feet; (17) thence North 25 degrees 36 minutes 25 seconds West 68.50 feet; (18) thence North 00 degrees 02 minutes 01 seconds West 117.73 feet; (19) thence North 33 degrees 41 minutes 04 seconds West 95.20 feet; (20) thence North 06 degrees 40 minutes 18 seconds West 76.49 feet; (21) thence North 72 degrees 31 minutes 18 seconds East 75.96 feet; (22) thence North 16 degrees 26 minutes 41 seconds West 71.26 feet to the southwest corner of The Sanctuary at 116th Street Section Two "A" peF in said Recorder's Office; thence the following three (3) courses along the southern boundary of said Instrument: (1) thence North 90 degrees 00 49 minutes 00 seconds East 15.53 feet; (2) thence North 72 degrees 42 minutes 19 seconds East 115.12 feet; (3) thence North 38 degrees 46 minutes 52 seconds East 144.46 feet; thence North 75 degrees 19 minutes 56 seconds East 89.00 feet; thence South 80 degrees 47 minutes 50 seconds East 93.70 feet; thence North 79 degrees 38 minutes 08 seconds East 156.71 feet; thence North 69 degrees 46 minutes 17 seconds East 95.20 feet; thence North 09 degrees 56 minutes 18 seconds East 48.55 feet; thence South 81 degrees 13 minutes 08 seconds East 985.82 feet to the easterly line of instrument #2007-047231 in said recorders office; thence South 02 degrees 04 minutes 47 seconds West along said easterly line 740.33 feet to the north line of instrument #2004-85103 in said recorders office; thence North 88 degrees 44 minutes 37 seconds West along north line of said instrument #2004-85103 217.30 feet to the northwesterly corner thereof, thence South 00 degrees 26 minutes 47 seconds West along the west line of said instrument #2004-85103 582.94 feet to the south line of said Southwest Quarter; thence along said south line South 89 degrees 49 minutes 47 seconds West 461.04 feet; thence North 00 degrees 26 minutes 47 seconds East 577.50 feet; thence South 89 degrees 49 minutes 47 seconds West parallel with the south line of said quarter section 426.17 feet; thence South 00 degrees 26 minutes 47 seconds West 507.50 feet to the Point of Beginning, containing 38.771 acres, more or less. 50 �s EXHIBIT "D" LAND DESCRIPTION — THE SANCTUARY AT 121sr STREET Part of the Southeast Quarter of Section 36, Township 18 North, Range 2 East of the Second Principal Meridian in Eagle Township, Boone County, Indiana, described as follows: Beginning at the Northeast corner of said Southeast Quarter; thence along the East line thereof South 00 degrees 11 minutes 51 seconds West (basis of bearings is North 89 degrees 22 minutes 36 seconds East along the North line of said Southeast Quarter) 886.38 feet; thence North 89 degrees 57 minutes 57 seconds West 446.49 feet; thence South 00 degrees 14 minutes 43 seconds West 1.23 feet; thence North 89 degrees 56 minutes 27 seconds West 459.44 feet to the West line of Instrument No. 0400832 as recorded in the Office of the Recorder of Boone County, Indiana; thence along said West line North 00 degrees 11 minutes 51 seconds East 1.03 feet to the Northwest corner thereof; thence North 89 degrees 57 minutes 57 seconds West 129.47 feet; thence North 01 degree 10 minutes 20 seconds West 174.43 feet; thence North 89 degrees 42 minutes 51 seconds West 247.25 feet; thence North 19 degrees 28 minutes 46 seconds West 6.34 feet; thence North 19 degrees 35 minutes 10 seconds West 240.00 feet; thence North 70 degrees 48 minutes 26 seconds East 0.45 feet; thence North 19 degrees 28 minutes 46 seconds West 462.79 feet to the southwesterly corner of the land of the State of Indiana recorded as Instrument No. 0411848 in said Recorder's Office; thence the following three (3) courses along the perimeter of said Instrument No. 0411848; (1) thence North 89 degrees 43 minutes 29 seconds East 268.04 feet; (2) thence North 77 degrees 59 minutes 34 seconds East 33.51 feet; (3) thence South 89 degrees 22 minutes 36 seconds West 302.59 feet; thence North 19 degrees 28 minutes 46 seconds West 21.13 feet to the North line of the aforesaid Southeast Quarter; thence along said North line North 89 degrees 22 minutes 36 seconds East 318.27 feet; thence South 00 degrees 28 minutes 34 seconds West 294.65 feet; thence North 89 degrees 22 minutes 36 seconds East 337.65 feet; thence North 00 degrees 37 minutes 24 seconds West 95.36 feet; thence North 89 degrees 22 minutes 36 seconds East 125.00 feet; thence North 00 degrees 37 minutes 24 seconds West 199.24 feet to the North line of said Southeast Quarter; thence along said North line North 89 degrees 22 minutes 36 seconds East 122.67 feet; thence South 01 degree 21 minutes 10 seconds East 309.98 feet; thence South 87 degrees 57 minutes 20 seconds East 181.60 feet; thence parallel with the East line of said Southeast Quarter North 00 degrees I I minutes 51 seconds East 318.44 feet to the North line thereof; thence along said North line North 89 degrees 22 minutes 36 seconds East 446.77 feet to the point of beginning, containing 22.744 acres, more or less. 51 fi:\Btt'kvV'.nniii¢ & R.d E,Ial, Ma—,TLA SE CCR,. 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