ARTICLE I: GENERAL PURPOSE

The Purpose of this Declaration is to insure the best use and the most appropriate development and improvement of the Subject Property; to protect owners of Subject Property against such use of surrounding property as will detract from the value of their property; to preserve, so far as practicable, the natural beauty of Subject Property; to insure the highest and best development of Subject Property; to secure and maintain proper setbacks from the roads, and adequate free spaces between structures' and in general to provide adequately for a high type in quality and improvement in Subject Property, and thereby to preserve and enhance the value of investments made by purchasers of Subject Property therein.

ARTICLE II: USE OF LAND

All terms, regulations and conditions of any applicable township, county or state zoning or subdivision ordinances, statute or regulation shall be and remain in effect.

There will be no further subdivision on Subject Property. No more than one single-family dwelling and one guest home, per parcel on Subject Property, is permitted.

No business, trade, manufacturer or commercial enterprise of any kind, nature or description shall be maintained or conducted within the aforesaid property, or on any lot or part thereof, and that said premises shall be used for single family residential purposes only.

No mobile homes, trailers, tents, campers, trailer homes, shacks, are permitted to be used on any lot in the within described area for residential use or otherwise in either a seasonal or permanent basis. Prefabricated homes will not be allowed. All homes shall have a minimum roof pitch of 6/12 and shall be located upon a foundation. The developer must approve all building plans until 50% of the lots have been sold, and then approved by a building committee.

The building committee will be composed of the developer and two lot owners. The lot owners will elect members and each lot will have one vote. The elected members of the building committee will serve for two years. The maintenance of signage will fall under the control of the building committee or a homeowners association, if one is created, and will be the responsibility of the lot owners after 50% of the lots have been sold.

No on-site un-housed storage will be allowed for excess material and infrequently used vehicles. Storage of snowmobiles, boats, trailers, campers, golf carts and other seasonal items frequently used will be allowed, provided they are not kept closer than 60 feet from any public road and 20 feet from any property line.

No animals, including but not limited to livestock, sheep, goats, swine, reindeer, elk, bison or poultry of any kind, shall be kept or maintained on any lot, except that dogs, cats or other domestic household pets and horses may be kept for private family enjoyment, but no such animal shall be kept or maintained for breeding, sale, boarding or any commercial purpose whatsoever. Dogs will be confined to their owner's property and not be allowed to roam freely without being on a leash. Dog owners will be responsible for controlling their pets and respecting the Quiet Enjoyment of their neighbor's use of their land.  (top)

ARTICLE III: TYPE OF MATERIAL

All structures erected shall be new materials and new construction and the exterior shall be completed within one (1) year after commencement of construction. Any excavation for the purpose of footings or foundations shall be considered construction. If garages with living quarters are built before a primary residence, the primary residence will be built within the next two years from the start of the garage construction. Building exterior must be of brick, stone, metal, vinyl or wood and such exterior must be suitably finished. Finishes shall be of colors that are in harmony with the colors of the natural surrounding, such as those commonly referred to as "earth tones". Garages will be built with material that is similar with the primary residence. Metal pole buildings will not be permitted. The primary dwelling whether permanent, seasonal or recreational shall be at least a minimum of 1000 sq. ft. above grade, excluding garage.

ARTICLE IV: BUILDING LOCATION

All buildings shall be located on their respective lots in accordance with the applicable state, county, or township regulations, ordinances or laws, which shall supersede any provisions contained herein. A 100-foot setback from the ordinary high-water mark is required for all dwellings and is a condition of approval of the plat by the Town of Newbold. In addition, no building or other structure permitted under the terms of this agreement shall be located within 20 feet from the road right of way line and 10 feet from the side yard. No building or structure on Lot 14 can be located any closer than 100 feet to its western boundary.  (top)

ARTICLE V: GARBAGE AND REFUSE DISPOSAL

No lots shall be used or maintained as a dumping ground for rubbish, trash, or garbage, nor shall any wasted be kept on Subject Property, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and shall comply with all local, state and/or other regulations.

ARTICLE VI: TIMBER REMOVAL

Clear cutting of Subject Property will not be allowed unless done pursuant to a timber management plan or for the purpose of clearing a building site, lawn or garden area or driveway. All stumps that are removed shall be buried, burned or otherwise removed from Subject Property. Selective harvesting of trees for personal use as firewood will be allowed.

ARTICLE VII: ROADS

Garrett's Trail & Patrick Drive will be built to town specifications, paved, and turned over to the town as town roads.

The Easement Road which turns in an easterly direction off the end of Patrick Drive shall be a private road and will be built to the Town of Newbold's specifications with appropriate overhead clearance and a 6"gravel base. Lots 12, 13, 14 and 15 shall equally share in all maintenance and snow removal of this road.

Lot owners 1-10 will share five driveways. The Developer will clear and grub a 30-foot wide and approximately 50 ft. long clearing between lots 1-2, 3-4, 5-6, 7-8, and 9-10. New lot owners will need to build a shared driveway that will be a minimum of 50 long from the centerline of Garrett's Trail road. The building and maintenance of the shared driveways will be the responsibilities of lot owners. Lot owners will be responsible for the driveway construction and will adhere to any, village, town, township or County requirements. The shared driveways may be longer than 50 feet but the costs of doing so would have to be agreed to by both landowners.

Either landowner can trigger the adjoining landowner to financially participate in the construction of the shared driveway once a building permit is issued for either lot. If lot owner "A" builds a driveway before title has transferred from Developer to a new lot owner "B", lot owner A cannot force Developer to share in the costs of the driveway construction. Once title has transferred from Developer to lot owner B, lot owner A can request lot owner B share in the reasonable construction costs of the shared driveway. Reasonable costs would be the minimum required by governing authorities for a 50 foot shared driveway.  (top)

ARTICLE VIII: UTILITIES

On all adjoining lots, the parties shall grant for the benefit of themselves or another lot owner a mutual 20 foot easement with 10 feet on each lot line for one-half (1/2) the distance of any shared lot line. The purpose of said easement is for installation of utilities. Lots 1-10 will have a utility easement running through and adjoining each parcel.

ARTICLE IX: RIGHT TO ABATE VIOLATION

The provisions contained herein shall run with and bind Subject Property and shall inure to the benefit of and be enforceable by or against any owner of land included in Subject Property their respective legal representatives, heirs, successors, and assigns and shall remain in full force and effect until and unless and instrument signed by two thirds (2/3) of the then owners of Subject Property has been recorded, agreeing to changed said covenants in whole or in part. Each lot will have one vote.

If any lot owner is in possession of any of said lots shall violate or attempt to violate any of the covenants, conditions and restrictions herein contained, it shall be lawful for any other lot owner or owners, either to prevent him / her or them from doing so or to recover damages from such violations. Failure by any landowner to enforce any restrictions, conditions, covenants or agreements herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto.

The invalidation of any one of these covenants by judgment of court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

No provisions contained herein shall be construed to restrict Declarants or their assigns' right to construct roads, by plat or otherwise, within the real property described herein.

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