Declaration of Protective Covenants

DECLARATION OF PROTECTIVE COVENANTS,

CONDITIONS AND RESTRICTRIONS

FOR

CARRIAGE MEADOWS TO SCOTT COUNTY, IOWA

This Declaration, made on the date hereinafter set forth, by Harry A. Ven Horst, Mildred E. Ven Horst and Donald E. Langan and Joan M. Langan, hereinafter referred to as "Declarants"

WITNESSETH

Whereas, the Declarants are the owners of the following described real estate, to-wit:

Commencing at the northwest corner of the Southeast quarter of Section 6, Township 78 North, Range 5 East of the 5th Principal Meridian, Scott County, Iowa; thence on an assumed bearing of South 00 degrees 33 minutes 00 seconds West along the west line of said Southeast quarter of Section 6 a distance of 192.47 feet to the point of beginning of the tract to be described also being the southwest corner of Lot 5I of Whittemore's Trout Valley Addition; thence North 90 degrees East along the south line of said Lot 5 a distance of 115.27 feet; thence North 61 degrees 17 minutes 30 seconds East along the southerly line of said Lot 5 a distance of 388.95 feet to the southeast corner of said Lot 5, thence South 05 degrees 43 minutes East along the easterly line of Lot 6 of said Whittemore's Trout Valley Addition a distance of 73.92 feet to the northerly corner of Lot 7 of said Whittemore's Trout Valley Addition; thence South 39 degrees 07 minutes 30 seconds East along the easterly line of said Lot 7 a distance of 74.35 feet to the northerly corner of Lot 8 of said Whittemore's Trout Valley Addition; thence South 69 degrees 14 minutes East along the northeasterly line of said Lot 8 a distance of 73.85 feet to the northeast corner of said Lot 8; thence South 00 degrees 21 minutes East along the east line of said Lot 8 a distance of 180.00 feet to ­the southeast corner of said Lot 8; thence North 89 degrees 39 minutes East a distance of 299.61 feet; thence South 00 degrees 26 minutes 37 seconds East a distance of 832.77 feet to the northeast corner of the property owned by Wayne K. Lehman (Deed recorded Bk. 287, Pg. 351); thence North 89 degrees 28 minutes 18 seconds West along the North line of said Lehman property and its projection a distance of 896.25 feet to the east line of said Southeast quarter of Section 6; thence North 00 degrees 33 minutes East along said East line a distance of 972.63 feet to the point of beginning.

And Whereas, Declarants have platted and subdivided the above real estate into lots for future sale and will convey said lots, subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth.

And Whereas, Declarants own other adjacent real estate which may be made subject to the scheme of this Declaration.

And Whereas, Declarants hereby declare that all of the lots comprising the above real estate and the lots comprising future additions of real estate described in the Article II hereof which are made subject to this Declaration, shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the described real estate or any part thereof, and shall inure to the benefit of each owner thereof.

1. No building, fence, wall or other structure shall be constructed, erected, placed, altered or maintained upon any lot within said addition, nor shall any exterior addition to or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, colors, location of the same on the lot, approximate costs of such building or other structure, and the grading and landscape plan shall have been submitted to and approved in writing by the developer, Ronald Ven Horst, or by any Architectural Control Committee appointed by said developer.

1. No building or structure of any kind whatsoever other than a single-family residence shall be erected on any lot within said Addition, and any such single-family residence shall be used only for residential purposes.

1. Each single family residence is required to have at least a two car, attached garage erected as part of said single family residence and no detached garage shall be permitted within said addition. In case of a single story residence the minimum square foot area shall be not less than 2,000 and in the case of a two story, not less than 2,200 square feet.

1. No trailer basement, tent, shack, garage, barn, or other outbuilding erected in said addition shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary nature be used as a residence.

1. Motorcycles, three wheel all terrain vehicles, trucks, trailers, boats, boat trailers, mobile homes, motor homes, campers, camper trailers, and other motorized vehicles, except family automobiles, shall not be parked nor stored on any lot or street in said Addition except in the garage.

1. Due to the unsightliness and possible annoyance to the other residents of said addition, no extensive work such as dismantling or repairing of automobiles, boats, or any machinery or any similar vehicles or machinery in the driveways, streets or outside of garages throughout the addition shall be permitted.

1. Firewood may be stored on any lot only in such a manner that in no way becomes unsightly to the immediate surrounding lot owners.

1. No noxious or offensive trade shall be carried on any lot in said addition, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other lot owners in said addition.

1. All lot owners shall install lampposts and light controlled by photo eye exactly 15 feet off front property line.

1. One mailbox of a uniform design approved by Ronald Ven Horst or by any architectural control committee appointed by said developer must be purchased at or before the time of closing and be located within the front yard at a place approved by Ronald Ven Horst or the Architectural Control Committee. No television or radio tower, television antenna or satellite dish except normal rooftop television antennas and no free standing towers or antennas of any kind shall be permitted on any lot within said development.

1. No lot within said addition may be subdivided or replatted, except by the developer‑owner.

1. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for commercial purposes. Any household pet shall be leashed or tethered when leaving their owner's lot in said addition.

1. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Trash, garbage, rubbish and other waste shall be kept in the garage.

1. The owner of each lot, vacant or improved, shall keep his lot free of weeds and debris.

1. There shall be formed an Iowa Not For Profit Corporation to be known as Carriage Meadows Homeowners Association, Inc., hereinafter referred to as the Association, whose purpose shall be to operate and maintain the water system and enforcement of restrictive covenants. Membership shall be appurtenant to and may not be separated from ownership of any lot that is subject to assessment by the Association.

There shall be one class of voting membership that shall be all owners of lots within Carriage Meadows, an Addition to Scott County, Iowa and each owner shall be entitled to one vote for each lot in which they hold the interest required by membership for this article. When more than one person or entity holds such interest in any lot, all such persons or entities shall be members. However, the vote for such lots held by more than one person or entity shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot, and no fractional vote may be cast with respect to any lot.

A Board of Directors composed of not more than three directors, who need not be members of this Association, shall manage the affairs of this Association. The name and address of the person who is to act in the capacity of director until a selection of his successor is Ronald Ven Horst.

The first meeting of the Association shall be held on June 1, 1991, at which time a Board of Directors shall be elected by the members of the Association and the Developer shall turn over to the Association the water system. Until said time, Developer shall assess and collect a charge to be paid semi annually for the operation and maintenance of said systems.

The Association shall have the following powers and duties:

1. All those general powers as set forth in Section 504A.4 of the 1987 Code of Iowa.

1. To assess the cost of the operation and maintenance of the water system in said addition on a semi annual basis to the individual lot owner in said addition.

1. To collect the same as specified by the Board of Directors of the Association.

1. To release and satisfy of record any lien hereinafter created against said lot by such assessment.

1. To enforce restrictive covenants.

1. To adopt such other rules and regulations as may be necessary to affect the powers granted in subparagraphs a‑f.

Any assessment not paid when due shall draw interest at the rate of 15% per annum payable upon demand. The individual owner of the lot, in case of suit thereon, agrees to pay all attorneys fees incurred in collection of said assessment.

All lot owners within Carriage Meadows, an Addition to Scott County, Iowa, hereby covenant and each subsequent owner of any lot within said addition, by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association assessments and charges herein provided. Such assessments together with such interest thereon and costs of collection thereof, as hereinafter provided, shall a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment and charge, together with interest thereon and costs of collection thereof, as hereinafter provided, shall also be a personal obligation of the person who was the owner of' such lot at the time when the assessment or charge fell due. If the assessment and charges are not paid on the date when due as directed by the Board of Directors of this Association, then such assessments or charges shall be come delinquent and shall, together with interest thereon and costs of collection thereof, become a continuing lien on the property which shall bind such property in the hands of the then owner, his heirs, devisees, personal representatives and assigns and shall permit the Association to bring an action at law against the then owner of any lot against which the assessment was made or against the owner personally obligated to pay the same, or bring an action inequity to foreclose the lien against the property, and there shall be added to the amount of such assessment to cost of preparing and filing complaint in such action and in the event judgment is obtained, such judgment shall include interest on the assessment as above provided, reasonable attorneys fees and court costs.

The lien of the assessments and charges provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to the assessment. However, such subordination shall apply only to the assessments and charges which become due and payable prior to a sale or transfer Of such property pursuant to a decree or foreclosure, or any other release of such property from liability or any assessments and charges thereafter become due, not from the lien of any such subsequent assessment.

Upon payment of the assessment as due, the Board of Directors of the Association shall direct any officer thereof to draft a release and satisfaction which shall be evidence of payment of the assessment as above provided.

1. Invalidation of any one of these covenants by judgment, decree or court order shall in no way affect any of the other provisions that shall, remain in full force and effect.

1. In the event any person or persons who may at anytime own or occupy any of the lots in said addition shall violate or threaten to violate any of these Restrictive Covenants, then, and in such event, Ron Ven Horst, Builder, Ltd., its successors and assigns, and the owners from time to time of any lots in said development or addition, shall have the right to proceed in any court of law or equity by injunction or other legal proceedings to enforce performance and restrain violation or pursue any other remedy to which it or they may be entitled to and shall have the right to collect from the party or parties violating or threatening to violate these Restrictive Covenants, or any part thereof, either jointly or severally, All damages, costs, expenses and attorneys fees resulting from the violation thereof or incurred in or in connection with said proceedings.

Date at Davenport, Iowa, this _____ day of ____________, 1988.

HARRY A. VEN HORST MILDRED E. VEN HORST

DONALD A. LANGAN JOAN M. LANGAN

STATE OF IOWA )

) ss.

SCOTT COUNTY )

On this ______ day of _________, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared Mildred E. Ven Horst and Harry A. Ven Horst, to me personally known, who being by me duly sworn did say that they are the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed.

NOTARY PUBLIC

STATE OF IOWA )

) ss.

SCOTT COUNTY )

On this ______ day of _________, 1988, before me, the undersigned a Notary Public in and for said State, personally appeared Donald A. Langan and Joan M. Langan, to me personally known, who being by me duly sworn did say that they are the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed.

NOTARY PUBLIC