STATE OF ILLINOIS )

DECLARATION OF RESTRICTIVE COVENANTS

The purpose of these restrictions is to insure the use of the real estate for single family residences with sufficient acreage to preserve the beauty and integrity of a farm setting, to prevent nuisances, to prevent the impairment of the attractiveness of the real estate, and to maintain the desired rural tone of the community and thereby to secure to each of the owners of the real estate the full benefit and enjoyment of their home with no greater restriction on the free and undisturbed use of their site than is necessary to insure the same advantages to the other owners of the real estate.

NOW THEREFORE, owners hereby declare that the real estate is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants and restrictions hereinafter set forth. These covenants have been chosen to ensure that homes will blend into this special environment to protect the investment of all owners of the real estate:

(1) All deeds or other conveyances of any part of the real estate hereafter to be made shall be subject to the covenants and restrictions of this Declaration. An exception to this Declaration is all property west of the Old Marion Road. Henceforth the only requirement of this property is that it will contain no mobile homes and structures will not be erected in the front four acre field.

(2) No deed or other conveyance of any of the real estate shall be made of less than six acres. The real estate described in each conveyance or deed shall be surveyed and the surveys recorded in the Office of the Massac County Clerk. Any easements shown on a survey (including but not limited to roadways and utility easements) may be utilized by any owners of parcels in the real estate, their heirs and assigns.

(3) These Covenants are to run with the land (that is the real estate) and shall be binding on all parties and all persons claiming under them until automatically extended for successive periods of ten years unless by vote of two-thirds (2/3) of the owners of all the parcels of real estate it is agreed to change said covenants in whole or in part. The owners of each parcel in the real estate are entitled to one (1) vote. For example, if the owners convey only one parcel of real estate, then 2 votes (one for the owners and one for the owners of the parcel conveyed) are eligible to be cast. Land west of the Old Marion Road is no longer subject to changes in this Declaration.

(4) Should any mortgage or deed of trust be foreclosed on the property to which this instrument refers, then the title acquired by such foreclosure, and the person or persons who thereupon and thereafter become the owner or owners of such property, shall be subject to and bound by all the restrictions enumerated herein.

(5) Only one residence may be constructed on any six acres. No mobile homes (single or double) shall be placed on the real estate.

(6) Upon violation of these covenants, the undersigned, their heirs, and assigns, or anyone deriving title from or through the undersigned, may institute and prosecute any proceedings at law or in equity against the person or persons violating or threatening to violate the same and recover from said persons in addition to all costs and expenses of removing or remedying any violation, reasonable attorneys fees and costs.

(7) Each and all of the covenants, conditions, restrictions, and agreements contained herein shall be deemed and construed to be continuing, and the extinguishment of any right of re-entry or reversion for any breach shall not impair or affect any of the covenants, conditions, restrictions, or agreements, so far as any future or other breach is concerned. No waiver of a breach of any of the covenants, conditions, restrictions, and agreements herein contained shall be construed to be a waiver of any other breach of the same, or other covenants, conditions, restrictions, and agreements; nor shall failure to enforce any one of such restrictions, either by forfeiture or otherwise, be construed as a waiver of any other restriction or condition.

(8) It is expressly agreed that if any covenant or condition or restriction hereinabove contained, or any portion there of, is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition, or restriction.

(9) In addition to the remedies set forth above, the undersigned, their heirs and assigns, reserve the right to enforce any covenants, conditions, or restrictions contained herein by any other appropriate action at his or her option.

(10) These covenants may be waived, or modified as to the real estate or any portion thereof by the written consent of the owners of sixty-six and two-thirds percent (66 2/3%) of the owners of all of the parcels in the real estate. The example in paragraph (3) above shall apply to determination of 66 2/3% as used in this paragraph (10). No such waiver, termination, or modification shall be effective until the proper instrument in writing shall be executed and recorded in the Office of the Recorder of Massac County, State of Illinois.

(11) The term "parcel" as used in this Declaration shall refer to the following:

(a) All real estate owned by owners in the real estate shall be one parcel.

(b) Any tract of real estate which is six acres or greater conveyed by owners, their heirs, or assigns shall constitute one parcel.

(12) No building or structure including any sewage disposal system shall be located within 50 yards of the boundary line of a parcel or commonly shared roadway.

(13) No noxious or offensive trade shall be carried on upon any parcel, nor shall anything be done thereon which may be or become an annoyance or nuisance in the real estate. Home based business is acceptable and any type of agritourism.

(14) Residences and structures should be placed at the edge of fields or in a wooded location so as to not detract from the farm setting and scenic value of the property. Location of a home site within a parcel should be designated at the time of purchase.

(15) The following shall apply to the real estate:

(a) No more than one head per acre of horses or cattle maybe raised and kept.

(b) Feed lots shall not be permitted. One of the intentions in these restrictive covenants is to prohibit the use of animals that would unduly interfere with the residential value of the real estate.

(d) No individual sewage-disposal system shall be permitted on the real estate unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of County Health Department. Approval of such systems as installed shall be obtained from such authority.

(e) Any pets shall not become a nuisance to the neighborhood.

(f) No refuse, garbage, ashes, waste, debris, inoperative motor vehicles or any offensive substance or material shall be kept or allowed to remain on the real estate, except temporarily in adequate containers suitable for that purpose, concealed from public view except on garbage pick up day.

(g) No drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the real estate, nor shall oil wells, tanks, tunnels, mineral excavations or shafts for use in boring for oil or natural gas shall be erected, maintained or permitted in or on the real estate.

(16) If a parcel has more than one owner, the total number of owners of that parcel shall have one vote on those matters set forth in paragraphs 3 and 10. No person shall have more than one vote on those matters set forth in paragraphs 3 and 10. For example, should a husband and wife purchase one parcel with 15 acres from owners and later purchase an additional parcel of 15 acres from owners and at the time of voting own both parcels, that husband and wife shall only be entitled to one vote.

(17) The cost of material for improvements of any private drive or trail shall be apportioned based on the parcel(s) ownership. For example, should the owners of two parcels share 1000 feet of drive and one of the owners uses an additional 500 feet of roadway, the owner of both parcels would split the cost of the first 1000 feet with the owner of the additional road bearing all the cost of materials for the additional 500 feet. The cost of additional shared underground utilities should be apportioned in a similar fashion.

(18) Deer stands or blinds shall not be located closer than 25 yards to the adjacent owner’s parcel of land.