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Hamilton Co., IN - Online Reports Page 1 of I Parcel Information Report 1. re rt type 2. property search 3. view reports Reset new search general parcel info. spring tax statement Fiproperty card fall tax statement Disclaimer: The information available through this program is current as of 6/3/2008. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatio different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for, accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 17-09-21-00-17-014.000 Property Address: 2142 Renegade Ct CARMEL, IN 46032 Deeded Owner: Clark, Russell 8 Owner Address: 2142 Renegade Ct CARMEL, IN 46032 Legal Description: WESTWOOD ESTATES 87.23 x 120.0 IRR Section/Tow nship/Range: 21/18/03 Subdivision Name: WESTWOOD ESTATES Block: 1 Deeded Acres: 0.26 Political Township: Clay Lot Number(s): 14 Most Recent Recorded Date: 3/3/2008 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I © 2005 Hamilton Co. Webslte Suggestions or Issues I Conditions of Use I Privacy Policy I Site Map I Technical Hell o I HOME ® 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hainilton.in.us/apps/reportslrptparcelinfo.asp?sparcelno=1709210O1701400... 6/15/2008 Hamilton Co., M - Online Reports Page 1 of 1 Parcel Information Report Ire rt type 2. property search 3. view reports Rene[ new search general parcel info. spring tax statement tax payments property card fall tax statement Disclaimer: The information available through this program is current as of 6/3/2008. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatio different reports may not match. All Information has been derived from public records that are constantly undergoing change and is not warranted for 1 accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 17-13-09-00-05-003.000 Property Address: 9641 Bramblewood Way CARMEL, IN 46032 Deeded Owner: Crismore, Tetyana V Owner Address: 9641 Bremblewood Way CARMEL, IN 46032 Legal Description: BRAMBLEWOOD 133.17 X 191.47 A 8/2/94 PLATTED 9433759 1/27/97 FIR TOWNE DEV 9702785 2/9/98 FR KEVIN CALL 9806018 3/29/99 FIR LOCKE 9918871 Section/Township/Range: 09/ 17/03 Subdivision Name: BRAMBLEWOOD Block: Deeded Acres: 0 Political Township: Clay Lot Number(s): 3 Most Recent Recorded Date: 3/15/2007 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I © 2005 Hamilton Co. Website Suggestions or Issues I Conditions of Use I Privacy Policy I Site Mao I Technical Help I HOME ® 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.us/apps/reports/rptparcelinfo.asp 6/15/2008 f. W1, Iry Air Ira_may I 05o17-200 150042 q C a r � N 'mesas 9_=_� � a� • -. - [ "js s�.i�t-ram=-� �_ _ _ • - _. raa• E _ s _�U I OA.W VA of ° 3. a lsKe�. '. l 1Q S;'0 FOLLOWERS OF CHRIST CHURCH - Carmel, IN 46032 - 9641 BRAMBLEWOOD W... Page 1 of 2 .. _ TaxExemptWorldxom am 1,607,203 Organizations Assets: $4,033,951,599,887 Income: $2,935,250, Home I Organization Search I Data Downloads I About Data Up R4scue_4aaBs Doa Rescue Local_I_A-nimal Rescue TlQewater C to leae Browse a huge selection now. Find Find Indianapolis animal shelters & Find animal rescue, shelters, & Online & Campus Progra exactly what you want today. rescue centers for homeless pets. control. Search at Local.com. by Virginia Colleges & Ui www.eBay.com AnimalShelters.YellowPages.com AnimalServices.Local.com Wash ingtonPost.com Ads FOLLOWERS OF CHRIST CHURCH Tax Exem t/NonProfit Organization Information NonProfit Organization Information Organize LOcal Animal Rescue Download Data Find animal rescue, shelters, & control. Search at Organlza Organize Download all the information for this tax Local.com. Organize exempt/nonprorit organization AnimalServices.Local.com Organize to a Spreadsheet or Other File Type DW ERS OF ST CHURCH BRAMBLEWOOD Organization Name/ Carmel, IN Address 46032-910 Asset Amount I n/r Income Amount I n/r Form 990 Revenue Amount Employer Identification Number (nine digit number assigned by the IRS to Identify a company) In Care Of Name (the officer, director, etc. to whose attention any correspondence should be Classification (category under which an organization may be tax exempt) Charitable Organization Filing Requirement (the primary returns) the Form 990 - Not required organization is required to file) to File (church) (classifies an exempt Internal Revenue Code 501 (c)(3) Secondary Name (another name under which this nonprofit organization does business. Also used for trade names, chapter names, or local numbers for subordinate organizations of group rulings) I n/r ThiS organization is an independent organization or an independent auxiliary (i.e., not affiliated with on National, Regional, or the organizational Geographic grouping of As been on INtSU, 1,bb 1 Market Value Deduction Start a Non -Profit Online and on CNN. People Mag Receive Fair Featured in USA Today Ads by Goosk http://www.taxexemptworld.com/organization.asp?tn=692740 6/15/2008 FOLLOWERS OF CHRIST CHURCH - Carmel, IN 46032 - 9641 BRAMBLEWOOD W... Page 2 of 2 grouping) organizations). Contributions are Deductibility status deductible (available with data Principal Activity download) Foundation Type Church Universal Location Code (the Internal Revenue Service District Office which has jurisdiction over the organization) 101 Tax Period (the date of the latest return filed) n/r Accounting Period (accounting month end date of organization) 12 Download Data Download all the tax exempt info for this nonprofit organization to a Spreadsheet or Other File Type Copyright (02008 TaxExemptWorld.com All rights reserved. http://www.taxexemptworld.com/organization.asp?tn=692740 6/15/2008 ustus Cotn ^Spsc Sr Np'n� MRr � Yul11V bl�„ AIM, fl June 13, 2008 Mr. Russell Clark 419 West Hillsdale Dr. Inglewood, CA 90302 Re: Followers of Christ Academy Ministry Daycare Dear Mr. Clark: It has come to our attention that a Daycare Business is registering with the State of Indiana and planning on conducting the business of childcare on your property located at 2142 Renegade Court, Carmel, IN 46032. We wanted to bring to your attention that per the Westwood Estates Declaration of Covenants, Conditions and Restrictions, the below section prohibits the use of a child care facility. Section 6.24 Home Occupations. No Lot or Dwelling Unit located thereon shall be used for any purpose other than as a single family residence, except a home occupation which is both permitted under the applicable zoning ordinance and which also complies with the following guidelines: a) Any home occupation must be conducted entirely within the residence and conducted solely by a member of the immediate family residing in said Dwelling Unit; b) Any home occupation must be clearly incidental and secondary to the use of the Dwelling Unit for residential purposes; c) There can be no sign or display that will indicatefrom the exterior of the Dwelling Unit that the Dwelling Unit is being used, in whole or in part, for any purpose other than that of a residential dwelling; d) No commodity can be sold from the Lot or Dwelling Unit located thereon. e) No person can be employed other than a member of the immediate family residing in the Dwelling Unit; No manufacturer or assembly operations can be conducted; g) Storage of combustible commercial products is prohibited; and h) Customers cannot enter upon the Lot or Dwelling Unit for the purpose of conducting business. Quality Properties, Planned Built and Managed Since 1910 1398 North Shadeland - P.O. Box 19409 - Indianapolis, Indiana 46219 - Phone (317) 353-8311 - FAX (317) 352-1570 In no event shall the following similar activities be conducted: child care, barber shop, styling salon, animal hospital, kennel, any form of animal care or treatment such as dog trimming, or any similar activities. Furthermore, the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Westwood Estates also identifies the following: 1. "Tree Houses. Basketball Goal and Playground Equipment" No tree houses, basketball goals, playground equipment, and the equivalent thereof, will be allowed on any Lot. I have enclosed copy of the Covenants and the First Amendment for your review. Please call me if you have any questions (317) 353-8311. Sincerely, ' �4L / XG& Chris Miller Westwood Estates Home Owners Association CC: City of Carmel Enforcement Department I/C Kevin Brennan tu C om�,a�zP- s aS ^�\SO \t NStYS'W\\i \tpti` pu\\ Iu� 51M, 181p June 13, 2008 Mr. Russell Clark 2142 Renegade Court Carmel, IN. 46032 Re: Followers of Christ Academy Ministry Daycare Dear Mr. Clark: It has come to our attention that a Daycare Business is registering with the State of Indiana and planning on conducting the business of childcare on your property located at 2142 Renegade Court, Carmel, IN 46032. We wanted to bring to your attention that per the Westwood Estates Declaration of Covenants, Conditions and Restrictions, the below section prohibits the use of a child care facility. Section 6.24 Home Occupations. No Lot or Dwelling Unit located thereon shall be used for any purpose other than as a single family residence, except a home occupation which is both permitted under the applicable zoning ordinance and which also complies with the following guidelines: a) Any home occupation must be conducted entirely within the residence and conducted solely by a member of the immediate family residing in said Dwelling Unit; b) Any home occupation must be clearly incidental and secondary to the use of the Dwelling Unit for residential purposes; c) There can be no sign or display that will indicatefrom the exterior of the Dwelling Unit that the Dwelling Unit is being used, in whole or in part, for any purpose other than that of a residential dwelling; d) No commodity can be sold from the Lot or Dwelling Unit located thereon. e) No person can be employed other than a member of the immediate family residing in the Dwelling Unit; j) No manufacturer or assembly operations can be conducted; g) Storage of combustible commercial products is prohibited; and h) Customers cannot enter upon the Lot or Dwelling Unit for the purpose of conducting business. Quality Properties, Planned Built and Managed Since 1910 1398 North Shadeland - P.O. Box 19409 - Indianapolis, Indiana 46219 - Phone (317) 353-831I - FAX (317) 352-1570 In no event shall the following similar activities be conducted: child care, barber shop, styling salon, animal hospital, kennel, any form of animal care or treatment such as dog trimming, or any similar activities. Furthermore, the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Westwood Estates also identifies the following: 1. "Tree Houses. Basketball Goal and Plavi+round Equipment" No tree houses, basketball goals, playground equipment, and the equivalent thereof, will be allowed on any Lot. I have enclosed copy of the Covenants and the First Amendment for your review. Please call me if you have any questions (317) 353-8311. Sincerely, I&SM10 iller Westwood Estates Home Owners Association CC: City of Carmel Enforcement Department I/C Kevin Brennan 1ustus Cow Ps ^'�µotl1U W[IpY Iulben Slnn 18a June 13, 2008 Followers of Christ Academy Ministry 2142 Renegade Court Carmel, IN 46032 Re: Followers of Christ Academy Ministry Daycare It has come to our attention that a Daycare Business is registering with the State of Indiana and planning on conducting the business of childcare on the property located at 2142 Renegade Court, Carmel, IN 46032. We wanted to bring to your attention that per the Westwood Estates Declaration of Covenants, Conditions and Restrictions, the below section prohibits the use of a child care facility. Section 6.24 Home Occupations No Lot or Dwelling Unit located thereon shall be used for any purpose other than as a single family residence, except a home occupation which is both permitted under the applicable zoning ordinance and which also complies with the following guidelines: a) Any home occupation must be conducted entirely within the residence and conducted solely by a member of the immediate family residing in said Dwelling Unit; b) Any home occupation must be clearly incidental and secondary to the use of the Dwelling Unit for residential purposes; c) There can be no sign or display that will indicate from the exterior of the Dwelling Unit that the Dwelling Unit is being used, in whole or in part, for any purpose other than that of a residential dwelling; d) No commodity can be sold from the Lot or Dwelling Unit located thereon. e) No person can be employed other than a member of the immediate family residing in the Dwelling Unit; f) No manufacturer or assembly operations can be conducted; g) Storage of combustible commercial products is prohibited,- and h) Customers cannot enter upon the Lot or Dwelling Unit for the purpose of conducting business. In no event shall the following similar activities be conducted: child care, barber shop, styling salon, animal hospital, kennel, any form of animal care or treatment such as dog trimming, or any similar activities. Quality Properties, Planned Built and Managed Since 1910 1398 North Shadeland - P.O. Box 19409 - Indianapolis, Indiana 46219 - Phone (317) 353-8311 - FAX OM 352-1570 Furthermore the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Westwood Estates also identifies the following: 1. "Tree Houses. Basketball Goal and Plaveround Eaufbment" No tree houses, basketball goals, playground equipment, and the equivalent thereof, will be allowed on any Lot. I have included a copy of this letter to the City of Carmel Enforcement Department since this is a direct violation with a punitive penalty to follow. I have enclosed copy of the Covenants and the First Amendment for your review. Please call me if you have any questions at (317) 353-8311. Sincerely, CA& Chris Miller Westwood Estates Home Owners Association CC: City of Carmel Enforcement Department UC Kevin Brennan 200300120156 0� ci Filed for Record in kN n 0( HAMILTON COUNTY INDIANA rJ10QQ0 11-25F2003 AtY03-58 p, DECLARATION OF DEC COV RES 63.8u COVENANTS, CONDITIONS AND RESTRICTIONS OF WESTWOOD ESTATES THIS DECLARATION, made on the 2 0 t h day of November 2003, by JUSTUS HOME BUILDERS, INC., an Indiana corporation ("Declarant"), WITNESSETH: WHEREAS, Declarant is the owner of certain Property, located in Hamilton County, Indiana, which is more particularly described in Exhibit A (hereafter "Property") attached hereto and by this reference, made a part hereof, upon which Declarant intends to develop a residential subdivision. NOW, THEREFORE, the Declarant hereby declares that all of the Lots (as defined in Article II below) 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 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. The restrictions shall run with the Property and shall be binding upon the Declarant, 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 restrictions shall inure to the benefit of the Declarant and its respective successors entitled to the Property or any part or parts thereof. The Owner of any Lots subject to these restrictions, by (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) the active occupancy of any Lot, shall accept such deed, execute such contract and/or actively occupy such Lot subject to each restriction and agreement herein contained. By acceptance of such deed, execution of such contract, and/or actively occupying such Lot, each Owner acknowledges the rights and powers of Declarant and of the Association with respect to these restrictions and also for itself, its heirs, personal representatives, successors, and assigns covenants and agrees and consents to and with Declarant, the Association, and the Owners of each of the Lots hereby affected to keep, observe, and comply with the terms and conditions hereof. ARTICLE I Name The subdivision of the Property created by this Declaration shall be known and designated as Westwood Estates (hereafter "Subdivision"). ARTICLE II Definitions The following terms, when used throughout this Declaration, shall have the following meanings and definitions: Section 2.1 "Articles" means the Articles of Incorporation of the Association (as hereinafter defined) filed, or to be filed, with the Office of the Secretary of State of Indiana, as the same are or hereafter may be amended from time to time. Section 2.2 "Association" means the WESTWOOD ESTATES HOMEOWNERS ASSOCIATION, INC., a non-profit corporation, its successors and assigns. Section 2.3 "Board of Directors" means the Board of Directors of the Association. Section 2.4 "Builder" means a person or entity engaged in and responsible for the original construction of a residence on a Lot. Section 2.5 "Common Area" means: (1) those portions of the Property, including improvements thereto, facilities and personal property owned, to -be -owned, leased or to -be - leased by the Association from time to time for the common use, benefit and enjoyment of the Owners (as hereinafter defined), (2) Lake Area, as defined below, and (3) items (if any) deemed Common Area for maintenance purposes only. Unless expressly stated to the contrary, the term Common Area as used herein (whether or not so expressed) shall include all portions of the Property designated on the Plat (as hereafter defined) as a "Block", "Common Area", "C.A.", or such other areas within the Property that are not otherwise identified on the Plat (as hereafter defined) as a lot or street. The Common Area to be conveyed to the Association at the time of conveyance of the first Lot to an Owner is described in the Plat (as hereinafter defined). Section 2.6 "Common Expenses" shall mean and refer to expenses of administration of the Association, and expenses for the upkeep, maintenance, repair and replacement of all Common Area, and all sums lawfully assessed against the Owners by the Association, and all sums, costs and expenses declared by this Declaration to be Common Expenses. Section 2.7 "Declarant" means JUSTUS HOME BUILDERS, INC., an Indiana corporation and its successors and assigns. Section 2.8 "Development Period" means the period of time commencing with Declarant's acquisition of the Property and ending when Declarant has completed the development and sale of, and no longer owns, any Lot or any other portion of the Property. -2- Section 2.9 "Dwelling Unit" means any single-family residence situated upon a Lot (as hereafter defined). Section 2.10 "Lake Area(s)" means any Common Area 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 2.11 "Lot" or "Lots" means, as the context requires, any parcel or parcels of land designated as such upon the Plat (as hereinafter defined) or, after construction, that parcel of land upon which there is constructed a Dwelling Unit that is conveyed to an Owner (as hereinafter defined) by the Declarant. Subject to any necessary approval of the appropriate governmental authority, a "Lot" may contain portions of Property greater or less than its originally platted dimensions should the Declarant deem it advisable in order to accommodate the construction of a Dwelling Unit. Section 2.12 "Owner" means 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 2.13 "Plat" means the subdivision plats of the Property, which are recorded with the Recorder of the county in which the Property is located, as the same may be hereafter amended or supplemented pursuant to this Declaration. ARTICLE III Property Rights, Easements and Encroachments Section 3.1 Owners' Easements of Enjoyment of Common Area. Every Owner shall have a nonexclusive right and easement of enjoyment, in common with all Owners, in and to any Common Area, which nonexclusive right and easement or enjoyment shall be appurtenant to and shall pass with title to every Lot (in the form of a right to membership in the Association), subject to the following provisions: (a) The right of the Association to charge reasonable admission and other fees for the use of recreational facilities, if any, situated upon the Common Area owned by the Association; (b) The right of the Association to suspend the voting rights and right to use of any recreational facilities, if any, by any Owner (i) for any period during which any assessment remains unpaid and (ii) for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; -3- (c) Those areas designated on a Plat as Block "A" Common Area, Block "B" Common Area, Block "C" Common Area, and Block "D" Common Area, shall be maintained by the Association in their then natural state except such selected clearing as from time to time may be necessary to implement good husbandry practices. (d) The area designated on the Plat as Block "C" Common Area may be used only as a passive recreational area. (e) Structures are prohibited within or upon those areas designated on a Plat as Block "A" Common Area, Block "B" Common Area, Block "C" Common Area, or Block "D" Common Area, except for gazebos or any other structure constructed by Declarant. (f) The right of the Association to promulgate reasonable Hiles and regulations governing the use of the Common Area owned by the Association including, without limitation, parking, swimming, boating, fishing, (including the denial thereof of any such rights) and upon improvements, additions or alterations to the Lots and the Common Area owned by the Association; (g) The rights of Declarant as provided in this Declaration, as the same may be amended from time to time; (h) The right of the Association to mortgage any or all of the Common Area owned by the Association, upon the approval of two-thirds (2/3) of the membership of each class of members of the Association provided, however, Declarant has the right to mortgage any or all of the Common Area during the Development Period and prior to the Applicable Date (hereinafter defined) without the consent of Class A members (hereafter defined) or the Association; (i) The easements reserved elsewhere in this Declaration and the right of the Association to grant further reasonable utility easements across and through the Common Area owned by the Association for the benefit of its members; 0) The right of the Association to dedicate or transfer all or any part of the Common Area owned by the Association to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members or otherwise allowed pursuant to this Declaration, as amended. No such dedication or transfer, except as allowed pursuant to this Declaration, shall be effective unless there is recorded an instrument agreeing to such dedication or transfer signed by two-thirds (%) of the membership of each class of members of the Association provided, however, that Declarant may dedicate or transfer all or any part of the Common Area as set forth above without the consent of Class A members (hereafter defined) or the Association during the Development Period and prior to the Applicable Date (hereafter defined); -4- (k) If ingress or egress to any Lot is through the Common Area, any conveyance or encumbrance of such Common Area is subject to such Lot Owner's easement for ingress and egress; (1) The right of the Declarant to erect any signs (i) advertising the sale of the Property or any Lot and/or (ii) identifying the Subdivision; and (m) All other rights, obligations and duties as set forth in this Declaration, as the same may be from time to time amended or supplemented. Section 3.2 Delegation of Use. In accordance with the By -Laws and any reasonable and nondiscriminatory rules and regulations promulgated from time to time by the Association, and subject to the rights of others as set forth in this Declaration, any owner may assign his or her right of enjoyment of the Common Area owned by the Association, to family members, guests, or contract purchasers who reside on the Lot. Section 3.3 Certain Obligations and Access Rights to the Common Area. (a) Except as otherwise set forth in this Declaration, the Association, subject to the rights of the Owners as set forth in this Declaration, shall be responsible for the management and control, for the exclusive benefit of the Owners as provided herein, of the Common Area owned by the Association and for the maintenance of the same in good, clean, attractive, safe and sanitary condition, order and repair. (b) The Association shall have and is hereby granted a general right of access and easement to all of the Common Area owned by the Association and across the Lots, at reasonable times and at any time in case of emergency, as reasonably required by its officers, directors, employees and their agents and independent contractors, to the full extent necessary or appropriate to perform its obligations and duties as set forth in this Declaration. The easements and rights specified herein also are reserved for the benefit of Declarant so long as Declarant owns any portion of the Property and for so long as Declarant may be liable under any builder's warranty. occuon -3.% kienerar L)ramaee utrnty, Jewer and other Development Easement, The following rights reserved in this Section shall not be exercised, after the conveyance of any Lot, in a manner that (i) unreasonably and adversely affects any Dwelling Unit 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 shall run with the land, and Declarant's right to further alter or grant easements shall automatically terminate and pass to the Association one (1) year after Declarant shall have conveyed the last Lot within the Property. (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") -5- for drainage, utility and sewer purposes in, on and over all of the Common Area and any Lot, so as to permit Declarant to properly install and allow to be maintained all electrical, telephone, water, gas, sanitary and storm 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 Dwelling Unit constructed on the Property. Any Drainage, Utility, Sewer and other Development Easement shall include all areas of the Property outside any Dwelling Units, 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) or pond(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 defined 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 Declaration and/or establishing and maintaining proper surface water drainage throughout the Property, 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 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 ponds or lakes in accordance with the requirements of applicable law and of all govemmental 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 an undefined sign and facilities easement ("Sign and Facilities Easement') to install, erect, construct and maintain an entryway sign or signs, directional signs, advertising signs advertising 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: !u (i) Relocate, alter or otherwise change the location of any Drainage, Flowage, Utility, Sewer and Lake, Sign and Facilities Easement, or any facility at any time located therein or thereon; (ii) 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, (iii) Describe more specifically or to change the description of any Drainage, Flowage, Utility, Sewer, Lake, 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 the County in which the Property is located. (e) The title of the Association (as to the Common Area owned by the Association during the Development Period) and of any Owner of any Lot shall be subject to the rights and easements reserved herein. Section 3.5 Easement for Emergency Purposes. An easement is hereby dedicated and granted for use in the case of an emergency by emergency vehicles such as fire trucks, police cars and ambulances and emergency personnel, public and private, over and upon the Common Area. Section 3.6 Fee Title to Lot. The fee title to any Lot described as bounded by any street, lane, walkway, park, pond, lake, or any other common property which has not been dedicated or accepted by the public and the fee title to any Lot shown on any Plat as abutting upon any such common property shall not extend upon such common property and the fee title to such common property is reserved to the grantor to be conveyed to the Association for the common enjoyment of all residents in the Subdivision. Section 3.7 Designated Drainage Utility, and Sewer Easements. There are 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, which are hereby reserved to the appropriate governmental entities, public utilities, and private utilities for the installation and maintenance of swales, ditches, pipes, drains, sanitary sewers, manholes, detention and retention areas or other drainage facilities. Purchasers of Lots in this Subdivision 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 pursuant to Section 6.2 below, 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 enclosed within such 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 -7- 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 applicable 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 storm 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. Within any strips of ground shown or designated on a Plat as a landscape easement, landscape maintenance easement, landscape maintenance access easement, or by any similar language indicating a landscaping purpose, Declarant hereby reserves unto itself during the Development Period and thereafter unto the Association, the exclusive and sole right to (i) erect signs which advertise the Property or availability of Lots, and/or identify the Subdivision and (ii) install landscaping, mounding, walls, and screening. Notwithstanding anything in this Declaration to the contrary, no planting shall be done, and no hedges, walls, signs, 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. Furthermore, notwithstanding anything in this Declaration to the contrary, no planting shall be done, and no hedges, walls, fences, structures, signs, or other improvements shall be erected between (i) the area of any such easements and (ii) any perimeter roadway, public highway or right-of-way along the perimeter or boundary of the Property, except by the Declarant. Section 3.9 Street Dedication. All streets now or hereafter located upon the Property are hereby dedicated to the public. Section 3.10 Easement Work Notwithstanding any architectural approval under Section 6.2 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 or liability whatsoever planted, 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 3.7 and Section 3.8 above. -8- Section 3.11 No Access. There may be strips of ground designated on the Plat as "no access strips", "no access", "no access easement", "no access esmt", or by other similar language. Vehicular ingress, egress, and traveling and/or the construction of improvements for such ingress, egress and/or traveling, is prohibited on, over, or across any such strips or areas. Section 3.12 Reservation of Right to Grant Easement The Declarant hereby reserves the right, in its discretion, to (i) grant easements upon, under, over and across the Property for the benefit of land which is adjacent to the Property and/or (ii) to obtain, for the benefit of the Property, easements upon, under, over and across the Property which is adjacent to the Property. ARTICLE IV Association Membership, Voting Rights Board of Directors, and Professional Management Section 4.1 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 which is subject to assessment 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 4.2 Classes of Membership and Voting Rights. The Association shall have the following two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Declarant. Class A members shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the members holding an interest in such Lot determine among themselves, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member shall be the Declarant. The Declarant shall be entitled to five (5) votes for each Lot owned. For purposes of this calculation, it shall be assumed that Declarant owns all Lots, which number shall be reduced as Lots are conveyed by the Declarant to an Owner. The Class B Membership shall cease and be converted to a Class A Membership on the happening of either of the following events, whichever occurs earlier ("Applicable Date"): (i) December 31, 2018; or (ii) When the total number of votes outstanding in the Class A Membership is 0 equal to the total number of votes outstanding in the Class B Membership. Section 4.3 Board of Directors. The initial Board of Directors shall be appointed by the Declarant as set forth in Section 9.04 of the Association's Articles of Incorporation, and shall serve until the Applicable date. After the Applicable Date, the Owners shall elect a Board of Directors of the Association as prescribed by the Association's Articles and By -Laws. The Board of Directors shall manage the affairs of the Association. Directors need not be members of the Association. Section 4.4 Professional Management. No contract or agreement for professional management of the Association, nor any other contract between Declarant and the Association, shall be for a term in excess of three (3) years, except those contracts executed during the Development Period and prior to the Applicable Date. Any such agreement or contract shall provide for termination by either party with or without cause and without payment of any termination fee upon written notice of ninety (90) days or less. ARTICLE V Covenant for Maintenance Assessments Section 5.1 Creation of the Lien and Personal Obligation of Assessments. Excluding deed Declarant except as set forth herein, each Owner of any Lot by acceptance of a therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) Regular Yearly Assessments (for maintenance, repairs and ordinary operating expenses, including Common Expenses); and (b) Special Assessments for capital improvements and operating deficits and for special maintenance or repairs as provided in this Declaration. (c) Lot Maintenance Assessments for maintenance of individual Lots as provided in this Declaration. Such assessments shall be established, shall commence upon such dates and shall be collected as hereinafter provided. All such assessments, together with prejudgment interest at eight percent (8%) per annum, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title unless expressly assumed by them. -10- Section 5.2 Purpose of Regular Yearly Assessments. The Regular Yearly Assessments levied by the Association shall be used exclusively, in the reasonable discretion of the Board of Directors of the Association, for the promotion of the recreation, health, safety and welfare of the residents in the Property, for the improvement, maintenance and repair of the Common Area, for the performance of the obligations and duties of the Association and for other purposes only as specifically provided herein. As and if necessary, a portion of the Regular Yearly Assessments shall be set aside or otherwise allocated in a reserve fund for the purpose of providing repair and replacement of the Common Area, and other capital improvements which the Association is required to maintain. Section 5.3 Maximum Regular Yearly Assessments. (a) For each year during the Development Period and prior to January 1 of the year immediately following the Applicable Date, the Declarant shall calculate the Regular Yearly Assessment and divide equally among each Owner, excluding Declarant, without the approval or vote of the membership. (b) From and after January 1 of the year immediately following the Applicable Date, the Regular Yearly Assessment may be increased each calendar year by the Board of Directors not more than twenty-five percent (251/o) above the Regular Yearly Assessment for the previous year, without a vote of the membership. (c) From and after January I of the year immediately following the Applicable Date, the Regular Yearly Assessment may be increased each calendar year by more than twenty-five percent (25%) above the Regular Yearly Assessment for the previous year, by a vote of two- thirds (z/s) of the votes entitled to be cast by members who cast votes in person or by proxy at a meeting duly called for this purpose. (d) From and after January I of the year immediately following the Applicable Date, Declarant shall pay only twenty-five percent (251/6) of the Regular Yearly Assessment allotted to each Lot for which Declarant is the Owner. Section 5.4 Special Assessments for Capital Improvements and Operating Deficits. (a) In addition to the Regular Yearly Assessments authorized above, the Association may levy a Special Assessment applicable to that year only for the purpose of 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, or to recover any operating deficits which the Association may from time to time incur, provided that any such assessment shall have the approval of two-thirds (2/3) of the votes entitled to be cast by those members who cast votes in person or by proxy at a meeting duly called for this purpose; provided, however, that during the Development Period and prior to January I of the year immediately following the Applicable Date, (i) the Declarant may levy a Special Assessment as set forth above without a vote or approval by membership and (ii) Declarant is exempted from paying any Special Assessment. -11- (b) From and after January 1 of the year immediately following the Applicable Date, Declarant shall pay only twenty-five percent (25%) of the Special Assessment in each year allotted to each Lot for which Declarant is the Owner. Section 5.5 Lot Maintenance Assessments. (a) In addition to the Regular Yearly Assessments and Special Assessments authorized above, during the Development Period and prior to the Applicable Date, the Declarant may levy a Lot Maintenance Assessment annually for the purpose of defraying, in whole or in part, the cost of all expenses incurred each calendar year in Lot Maintenance, as described and set forth in Section 7.2 herein, for each individual Lot upon which there is constructed a Dwelling Unit. The yearly Lot Maintenance Assessment shall be calculated by adding together all costs of Lot Maintenance, as described in Section 7.2 herein, for each Lot in the Subdivision upon which is constructed a Dwelling Unit, then dividing that total cost by 365 days in a year, then multiplying the resulting daily rate times the number of days each Owner, excluding Declarant (during the Development Period and prior to January I of the year immediately following the Applicable Date), held legal title to their Lot during the applicable calendar year. (b) From and after January I of the year immediately following the Applicable Date, the Association may levy a Lot Maintenance Assessment in the same manner as set forth in Section 5.5(a) above; provided, however, that Declarant shall pay only twenty-five percent (25%) of the Lot Maintenance Assessment in each year allotted to each Lot for which Declarant is the Owner. Section 5.6 Ouonun. Written notice of any meeting called for the purpose of taking any action authorized under this Article shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the total number of votes entitled to be cast (Class A and Class B votes combined) shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (%,) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 5.7 Uniform Rate of Assessment. Regular Yearly Assessments, Special Assessments for capital improvements and to recover operating deficits and Lot Maintenance Assessments must be fixed at a uniform rate for all Lots as set forth hereinabove; provided, however, (i) that any Builder acquiring tide to a Lot or Lots solely for the purpose of construction of a for -sale Dwelling Unit thereon shall pay, with respect to such Lot or Lots, only twenty-five percent (25%) of the Regular Yearly Assessments, Special Assessments and Lot Maintenance Assessments so long as any Dwelling Unit constructed thereon has not been conveyed to an Owner intending to occupy said Dwelling Unit as a residence and (ii) as set forth hereinabove, Declarant is exempt from payment of any and all Regular Yearly Assessments, -12- Special Assessments and Lot Maintenance Assessments during the Development Period and prior to January 1 of the year immediately following the Applicable Date as set forth herein. Section 5.8 Date of Commencement of Yearly Assessments; Due Dates. The Regular Yearly Assessment provided for herein shall commence as to each Lot within a recorded Plat on the date of the closing of the sale of said Lot transferring ownership to an Owner other than Declarant, and shall be prorated as of that same date. The Board of Directors shall fix any increase in the amount of the yearly assessments at least thirty (30) days in advance of the effective date of such increase. Written notice of any increase in the Regular Yearly Assessment, and written notice of any Special Assessment and such other assessment notices as the Board of Directors shall deem appropriate, shall be sent to every Owner subject thereto. The due dates for all assessments, and the assessment and collection period (i.e., annual, monthly, lump -sum or otherwise) for any Special Assessments, shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate in recordable form signed by an Officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate from the Association regarding the status of assessments for any Lot shall be binding upon the Association as of the date of its issuance. Section 5.9 Effect of Nonpayment of Assessments; Remedies of the Association. If any assessment (or periodic installment of such assessment, if applicable) is not paid on the due date established therefor pursuant to this Declaration, then the entire unpaid assessment (together with interest thereon, costs and attorneys' fees as provided in this Declaration) shall become delinquent and shall constitute a continuing lien on the Lot to which such assessment relates, binding upon the then Owner, his heirs, devisees, successors and assigns. The personal obligation of the then Owner to pay such assessments, however, shall not pass to such Owner's successors in title unless expressly assumed by them. If any assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eight percent (8%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, or both. In such event, there shall be added to the amount of such assessment the costs and attorney's fees of preparing and filing the complaint in such action; and in the event a judgment is obtained such judgment shall include interest on the assessment as above provided, costs of the action and reasonable attorneys' fees to be fixed by the court. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area owned by the Association or abandonment of his Lot. Section 5.10 Subordination of the Lien to Mortgages; Sale or Transfer. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such Lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu thereof shall extinguish the lien of all assessments becoming due prior to the date of such sale or transfer. No sale or transfer of any Lot (whether voluntary or pursuant to foreclosure or -13- ce+terwise) shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof, and, except as hereinabove provided, the sale or transfer of any Lot shall not affect the lien of assessments becoming due prior to the date of such sale or transfer except to the extent that a purchaser may be protected against the lien for prior assessments by a binding certificate from the Association, issued pursuant to this Declaration, as to whether or not such assessments have been paid. ARTICLE VI Use, Restrictions, and Architectural Control Section 6.1 Lot Use and Conveyance. All Lots shall be used exclusively for single family detached residential purposes, except that Declarant, during the Development Period, reserves (a) the rights provided in this Declaration respecting the Property generally, and (b) the right to subdivide, dedicate or otherwise convey or designate all or any portion of any one or more Lots which it may own from time to time for recreational or other common uses and benefit of all Owners and other members of the Association. Any Lot or portion thereof so designated for common use shall become part of the Common Area owned by the Association, and reasonable rules and regulations shall be promulgated and enforced with respect thereto so that the use and enjoyment of adjacent Lots by the Owners thereof shall not be unreasonably disturbed. Except as provided in the Declaration, no Lot shall be subdivided to form units of less area. Each Lot shall be conveyed as a separately designated and legally described freehold estate subject to the covenants, conditions and restrictions contained herein. Section 6.2 Architectural Control. No building, outbuilding, mailbox, fence, satellite dish, wall or other structure, except original construction of Dwelling Units by or on behalf of the Declarant, shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein, other than by the Declarant, be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, until the Applicable Date, and thereafter by the Board of Directors of the Association. After the Applicable Date, the Board of Directors may appoint three (3) or more representatives to an Architectural Committee. Any change in the appearance or the color of any part of the exterior of a residence shall be deemed a change thereto and shall require the approval therefor as above provided. However, there shall be no such approval of the planting of hedges, walls, fences not visible from a publicly dedicated street, structures and/or other improvements prohibited under Section 3.8 above, and any such approval shall be null and void. In the event that written approval is not received as required hereunder within thirty (30) days after complete plans and specifications have been submitted, then the request for approval shall be deemed denied. Existing mature trees (having a trunk in excess of six (6) inches in diameter measured at a point three (3) feet from undisturbed ground) shall be preserved to the extent the removal thereof is not mandatory in connection with the construction of an approved Dwelling Unit or accessory -14- building unless the removal thereof is otherwise specifically approved by Declarant or the Architectural Committee or any such tree is dead or decayed and dangerous. Declarant intends that the members of the Architectural Committee exercise discretion in the performance 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 Architectural Committee and in any action initiated to enforce this Declaration in which an abuse of discretion by the Architectural 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 Architectural Committee, could only conclude that such determination constituted an abuse of discretion. The Architectural Committee may inspect work being performed without the Owner's permission to assure compliance with these restrictions and applicable regulations. Neither the Architectural Committee nor any agent thereof, nor the Declarant, or Association shall be liable in any way for 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 Architectural 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 Architectural 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, or the materials to be used. All parties should seek professional construction advise, engineering, and inspections on each lot prior to proposing construction. Section 6.3 Animals. No animals shall be kept or maintained on any lot except domestic, household pets traditionally kept in individual residences throughout the state of Indiana. All such pets shall be kept reasonably confined so as not to become a nuisance. Excessive barking of dogs or vicious animals shall constitute a nuisance and may be ordered by the Association to be removed from the property. All animals permitted under this section shall be kept on a leash when outside the confines of Owner's Lot, and Owner shall be responsible for retrieval and disposal of all waste generated by such animal. Exterior dog houses and kennels are prohibited. Section 6.4 Outside Storage. All clotheslines, equipment, garbage cans, service yards, woodpiles or storage piles shall be kept from view of neighboring homes and streets. All rubbish, trash or garbage shall be regularly removed from the premises, and shall not be allowed to accumulate thereon. Trash must be stored in enclosed containers and shall not be permitted to remain curbside other than on the day of pickup by the trash service. Section 6.5 Setback Lines. Front Building lines are hereby established as shown on the Plat. Between such Front Building lines and the right-of-way lines there shall be erected, placed -15- or altered no structure or part thereof, except fences in keeping with architectural style as specifically approved by the Declarant until the end of the Development Period, and thereafter by the Association Board of Directors or Architectural Review Committee; provided, however, except that in no case will such fences be permitted on the public right-of-way. The building lines which are from public right-of-way lines are parallel to and measured perpendicularly from these public right-of-way lines. Section 6.6 Side Setbacks. The minimum side yard and minimum rear yard requirements shall be those established by the applicable zoning and subdivision control ordinances. Section 6.7 Temporary Structures and Outbuildings. No structure of a temporary character, tent, shack, basement, garage, barn or other out -building shall be erected, placed, or altered upon any Lot for use as a residence either temporarily or permanently, or at any time be used for such purpose. Section 6.9 Motor Vehicle Repair. The repair of inoperative motor vehicles or material alteration of motor vehicles shall not be permitted on any Lot unless entirely within a garage permitted to be constructed per the terms of the Declaration. Section 6.9 Nuisances. No noxious or offensive activities shall be carried on or be permitted to exist on any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance. Any structure or building permitted to be constructed on any Lot by this Declaration, which may be all or in part destroyed by fire, wind, storm or any other reason, shall be rebuilt and restored to its previous condition within a reasonable length of time, and all debris accumulated in connection therewith shall be removed within a reasonable time after any such occurrence. Section 6.10 Permitted Uses. No use shall be made of any Lot except as permitted by the applicable zoning and subdivision control ordinances under which this Property is developed. Section 6.11 Drains. No house footing drain or roof water drain shall be discharged into the sanitary sewers. Section 6.12 Residential Use. Lots may be used only for residential purposes and only for one single-family dwelling, a private garage for a minimum of two (2) vehicles (maximum of four (4) vehicles), and other such outbuildings, tennis courts, swimming pools, and other recreational facilities as are usual and incidental to the use of a residential lot. All lots in this subdivision shall be designated as residential Lots, and no home shall exceed two and one half (2-'/2) stories or thirty-five (35) feet in height. Section 6.13 Size. No Dwelling Unit may be constructed on any Lot unless such Dwelling Unit, exclusive of open porches, attached garages and basements (whether finished or unfinished), shall (i) in the case of a one story structure, have a ground floor area of at least 1,500 -16- square feet, (ii) in the case of a one and one-half (I-Yz) story structure, have an overall square footage of at least 1,800 square feet, and (iii) in the case of a two-story structure, have an overall square footage of at least 2,000 square feet. Section 6.14 Unsightly Growth. In order to maintain the standards of the Property, no weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any Property, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. Failure to comply shall warrant the Declarant or the Association to cut weeds or clear the refuse from the Property at the expense of the Owner, and there shall be a lien against said Property for the expense thereof, which lien shall be due and payable immediately. If such lien is not promptly paid, the Association or the Declarant may file suit and recover such amount together with reasonable attorneys fees and costs of collection. Section 6.15 Site Visibility. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and nine (9) feet above the street shall be placed or permitted to remain on any comer Lot within the triangular area formed by the street property lines and a line connecting points twenty-five (25) feet from the intersection of said street lines, or in the case of a rounded property comer from the intersection of the street lines extended. The same sightline limitations shall apply to any Lot within ten (10) feet from the intersection of a street line with the edge of a driveway pavement or alley line. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No fences shall be permitted to be constructed between the front set back line and the street curb. Section 6.16 Semi -tractor trucks, trailers, etc. No semi -tractor trucks, semi -trucks, semi- tractor trailers, boats, campers, mobile homes, disabled vehicles, and/or trailers shall be permitted to park on the Property or a Lot unless fully enclosed in a garage, or unless the same is necessary and incident to the Declarant's, builder's or Association's business on the Property. Section 6.17 Sign Limitations No sign of any kind, other than those installed by Declarant, the Association, or a Builder, may be displayed to public view on any Lot, except that one sign with an area of not more than six (6) feet may be displayed with the purpose of advertising the Lot for sale. Section 6.18 Lakes, 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 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 Declaration. A Lake may not be used for swimming, ice skating, boating, or for any other purpose, except for drainage of the Property, unless expressly and specifically approved by the Board of Director; in writing and allowed by law. Lakes and Lake Areas may -17- or may not exist on the Property, and the reference throughout this 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 owned by the Association adjacent to a Lake. Section 6.19 Rules and Regulations. The Board of Directors from time to time may promulgate further rules and regulations concerning the use of Lots and the Common Area owned by the Association. After the Applicable Date, a majority of those Owners voting at a meeting called for the purpose may rescind or modify any rule or regulation adopted by the Board of Directors. Copies of all rules and regulations shall be famished by the Board to all Owners, at the Owner's last known address, prior to the time when the same shall become effective. The Association shall have current copies of the Declaration, Articles and By -Laws, and other rules concerning the Property as well as its own books, records and financial statements available for inspection by Dwelling Unit Owners or by holders, insurers and guarantors of first mortgages, that are secured by Dwelling Units in the Property. These documents shall be available during normal business hours or under other reasonable circumstances. Section 6.20 Development Period. Nothing contained in this Article 6 shall be construed or interpreted to restrict the activities of Declarant or a Builder in connection with the development of the Property and sale of Lots. During the Development Period, Declarant or a Builder shall be entitled to engage in such activities and to construct, install, erect and maintain such facilities, upon any portion of the Property at any time owned or leased by Declarant or a Builder, as in the sole opinion of Declarant or a Builder may be reasonably required, or convenient or incidental to, the development of the Property and sale of the lots; such facilities may include, without limitation, storage areas, signs, parking areas, model residences, construction offices, sales offices and business offices. Section 6.21 Outside Use of Lots. Except (i) in an individual patio area appurtenant to a Dwelling Unit and (ii) in the front yard, no planting or gardening shall be done, except such as installed in accordance with the initial construction of the buildings located thereon or as approved by the Board of Directors; provided, however, that the addition of ornamental structures (ie. Window boxes, trellises, etc) shall be approved by the Board of Directors of the Association. No fences visible from a public street, hedges, walls or other improvements shall be erected or maintained upon the Property except such as installed in accordance with the initial construction of the buildings located thereon or as approved by the Board of Directors. Above ground swimming pools are prohibited on the Property. Section 6.22 Mailboxes. All mailboxes installed upon Lots shall be uniform and shall be of a type, color and manufacture approved by the Declarant during the Development Period and, thereafter, by the Board of Directors of the Association. -18- Section 6.23 Yard Lights The builder on each Lot shall supply and install a yard light in operable condition on such Lot at a location, having a height and of a type, style and manufacture approved by the Declarant during the Development Period and, thereafter, by the Board of Directors of the Association. Each such light fixture shall also have a bulb of sufficient wattage to insure uniform illumination on each Lot and shall be equipped with a photo -electric cell or similar device to insure automatic illumination from dusk to dawn each day. The yard light thereafter shall be maintained in proper working order by the Owner of each Lot. Section 6.24 Home Occupations. No Lot or Dwelling Unit located thereon shall be used for any purpose other than as a single family residence, except a home occupation which is both permitted under the applicable zoning ordinance and which also complies with the following guidelines: (a) Any home occupation must be conducted entirely within the residence and conducted solely by a member of the immediate family residing in said Dwelling Unit; (b) Any home occupation must be clearly incidental and secondary to the use of the Dwelling Unit for residential purposes; (c) There can be no sign or display that will indicate from the exterior of the Dwelling Unit that the Dwelling Unit is being used, in whole or in part, for any purpose other than that of a residential dwelling; (d) No commodity can be sold from the Lot or Dwelling Unit located thereon. (e) No person can be employed other than a member of the immediate family residing in the Dwelling Unit; (f) No manufacturer or assembly operations can be conducted; (g) Storage of combustible commercial products is prohibited; and (h) Customers cannot enter upon the Lot or Dwelling Unit for the purpose of conducting business. In no event shall the following similar activities be conducted: child care, barber shop, styling salon, animal hospital, kennel, any form of animal care or treatment such as dog trimming, or any similar activities. Section 6.25 Fences. The Architectural Committee, prior to any installation, must approve any fencing and landscape screening. It is the goal to keep all fencing or screening harmonious with the architectural character of the community. No fence or screen will be -19- approved which obstructs necessary sight lines for vehicular traffic. Undue obstruction of views from adjoining properties and amenity areas will be taken into consideration by the Architectural Committee when reviewing fences for approval. No front yard fencing is permitted, except on a Lot on which there is maintained a sales office or model home by Declarant or Builder. If approved by the Architectural Committee, fences may be privately installed but must be constructed to professional levels of quality, design, material, composition, and color as determined by the Architectural Committee. Non-professionally installed fences may be inspected by the Architectural Committee after completion in order to ensure that the fence is of a professional quality, and final approval of such fence shall be deemed withheld until completion of this final review. All fences shall be kept in good repair by the Owner. No fence shall be located any closer to the front line than the rear foundation line of the residence. Fences are to be wrought iron or any material approved by the Architectural Committee. Wood, chain link and vinyl coated chain link fences are prohibited. The Architectural Committee must approve all fencing materials, design, and location. The Architectural Committee will approve landscape screening materials, design, and location on an individual basis. The exact location, material, color and height of the fence and rendering or photograph thereof shall be submitted to the Architectural Committee for written approval at least thirty (30) days prior to proposed construction. If however, approval has not been received by applicant in writing within thirty (30) days after submitted, then said request shall be considered DENIED. Section 6.26 Animal Kennels. Animal kennels or quarters which are not connected to a Dwelling Unit are prohibited. Animal quarters or kennels which are connected to the Dwelling Unit must be approved by the Architectural Committee. Section 6.27 Garages. Each attached garage shall be designed as a part of each Dwelling Unit to which it is attached. Further, garage doors shall remain closed except when entering, exiting or otherwise having the need to access the garage. Section 6.28 Exterior Surfaces. The concrete or block foundation of any single family Dwelling Unit or accessory structure constructed on a Lot shall be covered on the exterior with wood, brick or stone veneer so that no portion of the exterior thereof is left exposed above ground. No Dwelling Unit or other structure shall contain aluminum or vinyl siding. Section 6.29 Pitches. The roof of each single-family Dwelling Unit constructed on a Lot (excluding that portion of the roof covering the attached garage or open or enclosed porch) shall have a pitch of between 6 vertical-12 horizontal to 12 vertical —12 horizontal or greater unless otherwise approved by Declarant or the Architectural Committee as a part of Declarant's approval of lot development plans. Section 6.30 Tree Houses and Play Ground Equipment. No tree houses will be allowed on any Lot. Further, any and all playground equipment shall be made of wood as its primary building material. In no event shall any playground equipment be allowed that uses metal or -20- plastic as its primary building material. The location and installation of any playground equipment shall be done only with the express written approval of the Declarant. Section 6.31 Antenna and Satellite Dishes. No outside antennas shall be permitted in the Subdivision. Outdoor satellite dishes shall be permitted in the Subdivision; provided, however, that (i) the diameter of the satellite dish shall be no more than twenty-four inches (24"), (ii) only one (1) satellite dish shall be permitted on each Lot, and (iii) the Architectural Committee shall have first determined that the satellite dish is appropriately placed and properly screened in order to preserve property values and maintain a harmonious and compatible relationship among the houses in the Subdivision. ARTICLE VII Maintenance, Repairs and Replacements Section 7.1 By Owners. Except as specifically provided in this Declaration, each Owner shall famish and be responsible for the maintenance of all portions of his Lot. All fixtures and equipment installed within or as part of the Dwelling Unit, commencing at the points where the utility lines, pipes, wires, conduits or systems enter the Lot upon which said Dwelling Unit is located, shall be maintained and kept in repair by the Owner thereof. Each Owner shall promptly perform all maintenance and repair of his Lot and Dwelling Unit which, if neglected, might adversely affect any other Lot or Dwelling Unit or any part of the Common Area owned by the Association. Such maintenance and repairs include, but are not limited to, all exterior surface, siding, roof, gutters, internal water lines, plumbing, electric lines gas lines, appliances, and all other fixtures, equipment and accessories belonging to the Owner and a part of or appurtenant to his Dwelling Unit or Lot. Section 7.2 Lot Maintenance. The Association shall undertake the following with respect to each Lot upon which a Dwelling Unit has been completed: (a) mow, trim and fertilize grass located on the Lot; provided, however, that (i) the Association shall not be required to maintain or fertilize any flowers, plants, trees or shrubs and (ii) the Association is not responsible for mowing, trimming or fertilizing areas of grass on any Lot which are inaccessible, unless Owner makes reasonable efforts to make the area accessible to the Association; (b) start-up and shut -down the irrigation system located on the Lot; and (c) remove snow from driveways and sidewalks connecting the driveway and the front entrance of any Dwelling Unit; provided, however, that the Association has no obligation to remove snow from sidewalks parallel and adjacent to any publicly dedicated streets or any other location on a Lot other than as set forth above. Section 7.3 Common Properties and Lawns by the Association. -21- (a) The Association, as part of its duties, and as part of the Common Expenses, shall provide for: (i) Maintenance of the Common Area. Maintenance of the Common Area shall include, but shall not be limited to, fertilizing, treating any Lakes, mowing and replanting when necessary of the grass and trees and maintenance of any other improvement within the Common Area; (ii) Maintenance of the entry signs, permanent subdivision identification sign, and landscaping installed by the Declarant in any Common Area, or any Landscape Easement, Landscape Maintenance Easement, Landscape Maintenance Access Easement or similar easement; (iii) The maintenance of any street lights which are installed by Declarant and which are not located upon any Lot; (iv) The maintenance of any brick surface installed by Declarant on any internal street or entryway, and the maintenance of any private streets not dedicated to the public; and (v) Periodic removal of snow from publicly dedicated streets which is necessary due to untimely removal of snow by the municipality (i) as determined by the Declarant during the Development Period until the Applicable Date and (ii) as determined by the Association after the Applicable Date.. The Board of Directors may adopt such other rules and regulations concerning maintenance, repair, use and enjoyment of the Common Area owned by the Association (or any items deemed Common Area for purposes of maintenance only) as it deems necessary. (b) Notwithstanding any obligation or duty of the Association to repair or maintain any of the Common Area owned by the Association (or any items deemed Common Area for purposes of maintenance only), if, due to the willful, intentional or negligent acts or omissions of an Owner or a member of his family or of a guest, tenant, invitee or other occupant or visitor of such Owner, damage shall be caused to the Common Area owned by the Association (or any items deemed as such for purposes of maintenance only), or if maintenance, repairs or replacements shall be required thereby which would otherwise be at the Common Expense, then such Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Association, unless such loss is covered by the Association's insurance with such policy having a waiver of subrogation clause. If not paid by such Owner upon demand by the Association, the cost of repairing such damage shall be added to and become a part of the assessment to which such Owner's Lot is subject. C The authorized representatives of the Association, the Board of Directors and the Managing Agent for the Association (if any) are hereby granted an easement for access upon and to any Lot as may be required in connection with maintenance only, repairs or replacements of or _22_ to the Common Area owned by the Association or any items deemed as Common Area for purposes of maintenance only, including, but not limited to, access to any easements reserved by any Plat of any portion of the Property for such purposes. ARTICLE VIII Insurance Section 8.1 Liability Insurance. The Association shall purchase a master comprehensive general liability insurance policy in such amount or amounts as the Board of Directors shall deem appropriate from time to time. Such comprehensive general liability insurance policy shall cover the Association, its Board of Directors, any committee or organ of the Association or Board of Directors, all persons acting or who may come to act as agents, or employees of any of the foregoing with respect to the Association. It shall also cover all Common Area owned by the Associations, public ways and any other areas under the Association's control or supervision. The premiums for all such liability policies shall be a Common Expense. Section 8.2 Fidelity Bonds. The Association shall have blanket fidelity bonds for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services. The Association bonds shall name the Association as the obligee and the premium shall be paid as a Common Expense by the Association. Any management agent that handles funds for the Association shall be covered by its own fidelity bond, which must provide the same coverage required of the Association. The Association shall be named as an additional obligee in the management agent's bond. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in force. In addition, the fidelity bond coverage must at least equal one (1) years' assessments on all Dwelling Units in the Property, plus the Association's reserve funds. If available, the fidelity bonds must include a provision that calls for ten (10) days' written notice to the Association or insurance trustee before the bond can be canceled or substantially modified for any reason. Section 8.3 Miscellaneous Insurance Provisions. The Association shall obtain any other insurance required by law to be maintained, including but not limited to workmen's compensation insurance, and such other insurance as the Board of Directors shall from time to time deem necessary, advisable or appropriate. Such insurance coverage shall also provide for and cover cross liability claims of one insured party against another insured party. Such insurance shall inure to the benefit of the Association, its Board of Directors and any managing agent acting on behalf of the Association. The premiums for all such insurance coverage shall be a Common Expense. Section 8.4 Casualty and Restoration. Damage to or destruction of any Common Area actually owned by the Association due to fire or any other casualty or disaster shall be promptly repaired and reconstructed by the Association and the proceeds of insurance, if any, shall be applied for that purpose. The same obligation shall apply to an Owner, and not the Association, -23- for'damage or destruction to the Owner's Dwelling Unit. For purposes of this Section, repair, reconstruction and restoration shall mean construction or rebuilding of the damaged property to as near as possible the same condition as it existed immediately prior to the damage or destruction, with the same or a similar type of architecture. Section 8.5 Insufficiency of Insurance Proceeds. If the insurance proceeds received by the Association as a result of any such fire or any other casualty or disaster are not adequate to cover the cost of repair and reconstruction, or in the event there are no insurance proceeds, the cost for restoring the damage and repairing and reconstructing the Common Area actually owned by the Association or any improvements damaged or destroyed (or the costs thereof in excess of insurance proceeds received, if any) shall be paid by the Association which shall then have the right to levy a Special Assessment against all Lots for such deficiency. Section 9.6 Surplus of Insurance Proceeds. In the event that there is any surplus of insurance proceeds after the reconstruction or repair of the damage has been fully completed and all costs paid, such sums may be retained by the Association as a reserve or may be used in the maintenance and operation of the Property. The action of the Board of Directors in proceeding to repair or reconstruct damage shall not constitute a waiver of any rights against any Owner for committing willful or malicious damage. ARTICLE IX Mortgages Section 9.1 Mortgagee Rights. In addition to any other rights provided elsewhere in this Declaration to mortgagees, any lender or lenders holding a first mortgage or fast mortgages upon any Lot or Lots, jointly or singly, may pay any Property taxes or other taxes or charges which are in default and which may or have become a charge or lien against any Common Area owned by the Association or any other property owned by the Association; and may pay any overdue premiums on any hazard, casualty, liability or other insurance policies or secure new insurance coverage on the lapse of any policies for any such property owned by the Association or covering any property for which the Association has an obligation to maintain insurance coverage. Any such lender or lenders making payments in accordance with this Section shall be entitled to immediate reimbursement therefor from the Association along with any costs incurred, including reasonable attorneys' fees. Section 9.2 Notice to Mortgagees. The Association, upon request, shall provide to any lender holding a first mortgage upon any Lot, a written certificate or notice specifying unpaid assessments and other defaults of the Owner of such Lot, if any, in the performance of such Owner's obligations under this Declaration, the Articles of Incorporation of the Association, its By -Laws or any other applicable documents, which default has not been cured within sixty (60) days. A reasonable charge maybe made by the Association for the issuance of any such certificate or notice, and any such certificate properly executed by an officer of the Association shall be binding upon the Association, as provided in this Declaration. -24- Section 9.3 Condemnation and Insurance Awards. No provisions of this Declaration, or any amendment thereto, shall give an Owner, or any other party, priority over any rights of the first mortgagee of a Lot pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of Common Area property. Section 9.4 Right of First Refusal. The Association DOES NOT have the "right of first refusal" to purchase any Dwelling Unit. Any right of "right of first refusal" subsequently granted to the Association through amendment of the Declaration, Association Articles, Association By -Laws or any other document governing the development and administration of the Properties must receive the prior written approval of the Federal Housing Administration or Secretary of the Department of Housing and Urban Development. Any "right of first refusal" subsequently added in the Declaration, Association Articles, Association By -Laws or any other document governing the development and administration of the Property must not impair the rights of a first mortgagee to: (a) Foreclose or take title to a Dwelling Unit, and the Lot upon which the Dwelling Unit is situated, pursuant to the remedies in the mortgage; (b) Accept a deed or assignment in lieu of foreclosure in the event of default by a mortgagor; or (c) Sell a unit acquired by the mortgagee. Section 9.5 Unpaid Dues or Charges. Any first mortgagee who obtains title to a Dwelling Unit, and the Lot upon which the Dwelling Unit is situated, pursuant to the remedies in the mortgage or through foreclosure, will not be liable for the Dwelling Unit's unpaid dues or charges accrued before the acquisition of the title to the Dwelling Unit by the mortgagee. ARTICLE X General Provisions Section 10.1 Right of Enforcement. In the event of a violation, or threatened violation, of any of the covenants, conditions and restrictions herein enumerated, Declarant or the Association, and all parties claiming under them, shall have the right to enforce the covenants, conditions and restrictions contained herein, and pursue any and all remedies, at law or in equity, available under applicable Indiana law, with or without proving any actual damages, including the right to secure injunctive relief or secure removal by due process of any structure not in compliance with the covenants, conditions and restrictions contained herein, and shall be entitled to recover reasonable attorneys' fees and the costs and expenses incurred as a result thereof. Section 10.2 Severability and Waiver. Invalidation of any one of the covenants, restrictions or provisions contained in this 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 -25- 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. Section 10.3 Amendment. This Declaration and the covenants, conditions and restrictions set forth in this 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 Declaration may be amended or modified at any time by an instrument recorded in the Office of the Recorder of the County in which the Property is located, approved and signed by Owners, including Declarant, entitled to cast at least seventy-five percent (75%) of all votes permitted from Class A members or the Class B members under Article IV of this Declaration. Provided, however, that none of the rights or duties of Declarant reserved or set out hereunder may be amended or changed without Declarant's prior written approval. This Declaration may also be amended by Declarant, if it then has any ownership interest in the Property, at any time within four (4) years after the recordation hereof. Any amendment must be recorded. Section 10.4 Assignment. Declarant may assign or otherwise transfer any and all of its rights as Declarant in whole or in part. Section 10.5 Clerical Errors. During the Development Period through and including the Applicable Date, Declarant may record supplements to this Declaration in order to correct clerical mistakes at any time and without consent, approval or vote of membership. Section 10.6 Condemnation Destruction or Liquidation. The Association shall be designated to represent the Owners in any proceedings, negotiations, settlements or agreements for the handling of any losses or proceeds from condemnation, destruction or liquidation of all or a part of the Common Area owned by the Association, or from the termination of the development. Each Dwelling Unit Owner, by his acceptance of a deed, appoints the Association as his attomey-in-fact for this purpose. Proceeds from the settlement will be payable to the Association for the benefit of the Dwelling Unit Owners and their mortgage holders. Any distribution of funds in connection with the termination of this development shall be made on a reasonable and an equitable basis. Section 10.7 Liability to the Association. No person shall be liable to the Association for any loss or damage suffered by the Association on account of any action taken or omitted to be taken by such person in good faith as a Director, officer, employee or agent of the Association if such person (i) exercised or used the same degree of care as an ordinary prudent person in a like position would use under similar circumstances; or (ii) took or omitted to take such action in reliance upon information, opinions, reports or statements, including financial statements and other financial data, in each case, prepared or presented by any officer, employee or committee of the Board of Directors of the Association, or legal counsel, public accountants or other professional persons engaged by the Association, but such person shall not be considered to be -26- acting in good faith if such person has actual knowledge concerning the matter in questions that would cause such reliance to be unwarranted; or (iii) has not breached or failed to perform the duties of their position or office in compliance with the Act, Articles of the Association and By - Laws of the Association in a manner constituting willful misconduct or recklessness. IN WITNESS WHEREOF, JUSTUS HOME BUILDERS, INC., an Indiana corporation, has caused this Declaration to be executed as of the date first written above. JUSTUS HOME BUILDERS, INC., an Indiana corporation By: Walter E. Justus President STATE OF INDIANA ) SS: COUNTY OF MRiON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Walter E. Justus, President of Justus Home Builders, Inc., an Indiana corporation, and acknowledged execution of this Declaration of Covenants, Conditions and Restrictions of Westwood Estates. Witness my hand and Notarial Seal this 20th day of November 2003. My Commission Expires: e/3/nl; Residing in Shelby County 1 Notary Public !.r'. Lam' Karen Saville Printed Name Prepared By: Lawrence J. Kemper, NELSON & FRANKENBERGER, 3021 East 98th Street, Suite 220, Indianapolis, Indiana 46280, (317) 844-0106. H: jmeNusws\CCR Ezp. 111803.dw -27- EXHIBIT "A" Legal Description Westwood Estates Section I I, the undersigned hereby certify that to the best of my knowledge, information, and belief, the within plat accurately represents a survey preformed under my supervision of a parcel of property situated in the State of Indiana, County of Hamilton, containing 34.792 acres being located in the Southwest Quarter of Section 21, Township 18 North, Range 3 East being more particularly bounded and described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Section 21, thence South 89059'18" East a distance of 975.39 feet along the north line of said Southwest Quarter to the Point of Beginning, said point lying North 89059'18" West a distance of 369.28 feet from the Northeast corner of the Northwest Quarter of said Southwest Quarter; thence continuing South 89059'18" East along said north line a distance of 369.28 feet to the Northeast corner of the Northwest Quarter of said Southwest Quarter; thence continuing South 89059'18" East along the North line of said Southwest Quarter a distance of 595.85 feet; thence South 00015'06" West, parallel to the West line of the East Half of said Southwest Quarter, a distance of 1315.94 feet to a rebar; thence North 89059'38" West, a distance of 595.85 feet to a rebar on the West line of said East Half; thence North 00115'06" East along the East line of said Northwest Quarter of the Southwest Quarter a distance of 19.01 feet; thence North 89059'18" West parallel to said North line of the Southwest Quarter a distance of 672.00 feet; thence North 00015'06" East parallel to the East line of said Northwest Quarter of the Southwest Quarter a distance of 874.12 feet; thence South 89°42'43" East a distance of 249.67 feet; thence South 00017'17" West a distance of 13.00 feet; thence South 89042'43" East a distance of 163.29 feet; thence North 00045'39" East a distance of 210.73 feet; thence North 89042'43" West a distance of 111,80 feet; thence North 00009'39" East a distance of 226.58 feet to the Point of Beginning and containing 34.792 acres of land, more or less. Subject, however, to all legal rights -of -ways and/or easements, if any, of previous record. The sources of recorded survey data are the records of the Hamilton County, Indiana, Recorder, referenced in the foregoing description. Cross -Reference: The Declaration of Covenants, Conditions and Restrictions for Westwood Estates recorded with the Recorder of Hamilton County, Indiana, on the 25'h day of November, 2003 as Instrument No, 200300120156. FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTWOOD ESTATES This First Amendment (the "First Amendment's to Declaration of Covenants, Conditions and Restrictions for Westwood Estates is executed on the date corresponding to the signature below; WITNESSETH: WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Westwood Estates was recorded with the Recorder of Hamilton County, Indiana, on the 25 s day of November, 2003 as Instrument No. 200300120156 (the "Declaration"); WHEREAS, unless otherwise defined in this First Amendment, all capitalized terms in this First Amendment shall have the same meaning as set forth in the Declaration; WHEREAS, the Declarant is desirous of amending the Declaration as set forth below. NOW, THEREFORE, the Declaration is hereby amended as set forth in this First Amendment: 1. Tree Houses, Basketball Goals and Playground Equipment. Section 6.30 of the Declaration is hereby deleted, in its entirety, and replaced and superseded by the following: 6.30 "Tree Houses, Basketball Goals and Playground Equipment". No tree houses, basketball goals, playground equipment, and the equivalent thereof, will be allowed on any Lot. 2. Amended Declaration. The Declaration, as hereby amended by this First Amendment, shall remain in full force and effect. JUSTUS HOME BUILDERS, INC. An Indiana corporation Date: 9/3/04 By; rtic Walter E. Justus, P I f3ildent STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Before me, a Notary Pubic in and for said County and State, personally appeared Walter E. Justus, President of Justus Home Builders, Inc., an Indiana corporation, who acknowledged the execution of the foregoing First Amendment to Declaration of Covenants, Conditions and Restrictions for Westwood Estates. My Commission Expires: 8/3/06 Residing in Shelby County, Indiana H:Uane001d MznemVwtus\I' Amend to CCRs.doc Karen Saville Printed Name Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report 1. re rt type 2. property search 3. view reports Reset new search general parcel info.I spring tax statement tax payments property card fall tax statement Disclaimer: The information available through this program is current as of 6/3/2008. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informabo� different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for i accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 17-09-21-00-17-014.000 Property Address: Deeded Owner: Clark, Russell B 2142 Renegade Ct Owner Address: CARMEL, IN 46032 2142 Renegade Ct CARMEL, IN 46032 Legal Description: WESTWOOD ESTATES 87.23 X 120.0 IRR Section/Township/Range: 21/ 18/03 Subdivision Name: WESTN Block: 1 Deeded Acres: 0.26 Political Township: Clay Lott e 14 r�7 Recent Most Recentt Recorded Da (Recorded Date might be c This application is developee stions or comments, please contact I © 2005 Hamilton Co. i� t I LQ • .I �P 9 C websit, C� I C ^ �, S inical Help I HOME http://www.co.hamitton.in.us/apps/reportslrptparcelinfo.asp?sparcelno=17092100l701400... 6/12/2008 Page 1 of 3 Brennan, Kevin S From: Don Rollins [dlrollins@sbcglobal.net] Sent: Thursday, June 12, 2008 9:10 PM To: cmiller@justus.net Cc: dmartin@mibor.net; bcoss@justus.net; Brennan, Kevin S Subject: Re: [Fwd: RE: Westwood Estates - Proposed Childcare Facility] Chris - Thank you for your prompt action regarding the Followers of Christ Academy Ministry child care facility at 2142 Renegade Court. I believe one technical correction with regard to your email message is warranted. This facility is not "licensed", but instead "registered" with the Indiana Bureau of Child Care (BCC), part of the Indiana Family & Social Services Administration (FSSA). The Renegade Court facility is specifically in the category of "Unlicensed, Registered Child Care Ministries". This category is one of 3 categories of child care facilities approved by BCC. It is the only approved category that is not required to be licensed, but only registered with the agency. I can't give you direct links to specific information at the FSSA web site because much of the site is a secure site. By "secure" I mean that the user's agreement to the terms & conditions of their web site is required on each visit before he/she can go on to many of the links. I wish to emphasize that in no way am I "hacking" my way into any of this information on the web site. There is nothing restricted, secret or private in what I looking at. The web site simply requires the user's agreement to its terms and conditions before the user may proceed, thus blocking direct access to certain links. The information regarding the effective dates of the "Registration" of the Followers of Christ Academy Ministry Day Care is included at this website. An excerpt directly from the web site shows the effective dates of the registration. Registration Number -Facility Name -Applicant Name -Location Address-Loca Location County Name --Phone Number-Blank-CurrentRegistrationBeginDate-C RM-99318-A-North Kids -Madison Park Church of God-2200 Madison Square-Anderson-46011- RM-25569-A-Anderson Christian School Child Care -Anderson Christian School-2625 Lindb RM-25962-A-PPCC-Park Place Church of God-501-A College Drive-Anderson-46012-48-MADIS RM-25788-A-Promise Land Day Care -Living Water Community Church-5300 South State Road RM-26420-A-Little Blessings Child Crae Ministry-Rhema Word Ministries-2200 West 22nd RM-26386-A-RFM Child Care Ministries -Restoration Fellowship Ministries-1207 West 9th RM-26402-A-Creations Child Care Ministry -Chesterfield Christian Church-207 East Plum RM-99915-A-Followers of Christ Academy Ministry -Followers of Christ Church-2142 Rene (Emphasis and bolding was added by me- DLR) I can give you a direct link to the complete page from which I excerpted the information above. It is: http://www. in.gov_/fssa/files/Min istriesByCounty.txt In my view you are taking too restrictive a view of the covenants at Westwood Estates. In rINVAIDY Page 2 of 3 addition to the prohibition of child care in the residences there are many limitations on "Home Occupations" in Section 6.24 of the covenants. For instance it appears to me that there is no one currently in 'residence" at 2142 Renegade Ct as required by Item (a) to have a home occupation at this dwelling unit. Item (b) says whatever home occupations are being conducted must be secondary to the use of the house as a residence. Also, item (e) puts severe limitations on employees in the Dwelling Unit. Violations of these items seem to be already occurring. I would respectfully suggest that the HOA give serious consideration to the sending of a certified letter immediately to both the Followers of Christ Academy Ministry and the actual owner of the dwelling unit pointing out to them the evidence in hand that they intend to conduct a business from this home and stating that it is a violation of the Westwood Estates covenants and the City of Carmel zoning ordinances to conduct such a business. Since I believe that the owner of this home is the second owner, and may not have been furnished a copy of the covenants with his/her/their possession documents, it may be most efficient to furnish him/her/them a copy of the covenants with this letter. Please give serious consideration to this suggestion. Both my wife and I will be leaving early next week for an extended stay in Montana. We expect to return to Westwood around August 1. 1 would hope that this messy situation is settled by then. Thanks in advance. Don Rollins 2151 Renegade Court -------- Original Message-------- Subject:RE: Westwood Estates - Proposed Childcare Facility Date:Thu, 12 Jun 2008 18:08:38 -0400 From:Chris Miller <cmiller@ ustus.net> To:David Martin <dmartin(a mibor.net>, Barb Coss <bcoss@ju_stus.net>, <blrollins@sbcglobal net> CC:<kbrennan(a m> carel.in.gov References:<FC5AEE7F9F5A4696A5C2FC9EF8E277C7@DMartinLaptop> Westwood Neighbors, Typically, I would not share this type of information openly, however, since all of you have contacted me in the past 24 hours with your concerns, I thought it best to inform you of how we intend to stop the Daycare at 2142 Renegade Court. Per the information you provided and my research, I have compiled the following. The Followers of Christ Academy is licensed to put a child daycare at this location. I searched the State Child Protective Services to confirm this. Per Don Rollins, their license is set to begin July 1 st. I called FSSA and informed them that child care is prohibited per WWE Covenants and Restrictions 6/13/2008 Page 3 of 3 Section 6.24 and requested the license to be rejected. They replied that they only check the facility and have nothing to do with zoning or covenants. I then contacted Kevin Brennan from the City of Carmel and Kevin is going to help to enforce our covenants. Kevin said you all can contact him via phone or email if you have any additional information or concerns. Please remember that we are trying to stop this from happening, but until they actually conduct a daycare, they are not in violation. The HOA and the City will do everything we can to discourage them from starting. Please feel free to share any additional information to Kevin and me. Thanks, Chris Miller CAPS, CGB, CGP The Justus Companies Dir. of Operations & Acquisitions Certified Aging -In -Place Specialist Certified Graduate Builder Certified Green Professional 1398 N. Shadeland Avenue Indianapolis, IN. 46219 Office 317 353-8311 Fax 317 352-1570 Cell 317 557-4744 emillerQustus.net www justus net From: David Martin [mallto:dmartin0ribonnet] Sent: Thu 6/12/2008 4:01 PM To: Chris Miller Subject: Westwood Estates - Proposed Childcare Facility Hello Chris, I understand you are aware of the situation involving lot 14 in Westwood Estates. Don Rollins copied me on information he uncovered. Has he shared any of it with you? Is there anything that we might do to assist in addressing this situation which will undoubtedly 'rock the boat' for many in Westwood? David David C. Martin Vice President F. C. Tucker Co., Inc. 317-580-7898 Office 317-217-0720 Mobile 317-290-7907 Fax/VM 6/13/2008 G�t,t\OF�CAR 41, roa r•�• /NDIANP City of Carmel DI \R FNil .I OF ('0%1\11, Ali Y SERA I( I_S 1)1vi'iun01 Rtlild1112 and ( udC SC1%ICCI VIA CERTIFIED MAIL June 19,2008 Russell B. Clark 2142 Renegade Ct Carmel, IN 46032 RE: ZONING ORDINANCE VIOLATION — LAND USE Dear Mr. Clark: This letter is being provided to inform you that our department has recently received some concerns regarding 2142 Renegade Ct, in Clay Township, a property listed under your ownership. This property is currently zoned residentially (S1), which does not permit for business operations to be run from the property. The only standards that permit for a business to be run from a residential property are the Home Occupation standards of §25.18. The nature of a Home Occupation is to allow an office environment to exist within an occupied residential home. The people who live at the home are allowed, under certain guidelines and restrictions, to operate a home office as a home occupation. With respect to your daycare operation there is no residential occupation of the home. Only the business is in operation. This is not a permitted use and must cease immediately. If the business continues a citation will be issued for every day the daycare business continues after June 22, 2008. Please feel free to contact me at (317) 571-2423 if you have any comments or questions. Thank you for your cooperation. Respectfully, Kevin Brennan Code Enforcement Officer Department of Community Services Cc: File:00002168 Donella Locke ■ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Russell B. Clark 2142 Renegade Ct. Carmel, IN 46032 00002168 kb 2. Article Number (iiansfer from service labep PS Form 3811, February 2004 A- Signature ■ B. Received by ( Printed Name) I C. Rate of D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type I ❑ Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall o C.O.D. 4. Restricted Delivery? Pft FW ❑ Yes 7008 0150 0000 3131 9305 Domestic Return Receipt 102595-02-M-1540 UNITED $TpT�ql.Sy:Rulzww* irs'M Mail �LiFtli'�Y@fie d na xn^xn r+rax.I n 4 IQ,It No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box Building & Code Services City of Carmel One Civic Square Carmel, IN 46032 ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Atldressed to: Donella Locke 2142 Renegade Ct. Carmel, IN 46032 00002168 kb A. ❑ Agent B. Received by ( Printed Name) I C. Date of Delivery D. Is delivery address different from item 17 U Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restdcted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7008 0150 0000 3131 931E (Transfer from service label) { PS Form 3811, February 2 _, i`_-r-DOT&IFe RjW: telpt UNITED STATES Po. TAL SERVICE • Sender: Please print your name, address" ` Building & Code Services City of Cannel One Civic Sgltare Carmel, IN 46032