ARTICLE I—DEFINITIONS

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ARTICLE II—PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS THERETO

Section 1. Property Subject to Declaration.  The real property which is, and shall be held, sold, conveyed, encumbered, leased, rented, used, occupied and improved subject to this Declaration is located in Menard County, Illinois, and is more particularly described in the Plats of Subdivision of Grand Oaks Estates, which has previously been filed of record. 

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ARTICLE III— POWERS, DUTIES AND OBLIGATIONS OF BOARD AND OWNERS

Section 1. Powers and Duties of the Board.  The Board, for the mutual benefit of the Owners and the Association, shall have the following powers and duties:

Section 2.  Membership Meeting.  The first annual meeting of the Members of the Association shall be called within 180 days after 35 lots have been transferred from Developer to Class "A" Members, written notice of which first annual meeting shall be sent to the members at least ten (10) days in advance of such meeting.  Notwithstanding anything to the contrary in this Declaration provided, until the date of said first annual membership meeting, no Class A members shall have any voting rights, and the right of each such Class A member to vote on any matter is hereby denied until such meeting.  Each Annual Meeting of the members of the Association following such initial annual meeting shall be held at the time and place specified in the By-Laws of the Association.

Section 3.  Liability Limitations.  Neither Developer nor any Member nor the Board nor any directors on the Board (or any one of them nor the officers if any) of Developer or the Association shall be personally liable for the debts contracted for or otherwise incurred by the Association or for a tort of another Member, whether or not such other Member was acting on behalf of the Association or otherwise.  Neither Developer, the Association, its directors, officers, agents or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, improvements or portions thereof or for failure to repair or maintain the same.  Developer, the Association or any other person, firm or association liable to make such repairs or maintenance shall not be liable for any personal injury or other incidental or consequential damages occasioned by any act or omission in the repair or maintenance of any premises, improvements or portions thereof.  The Association shall, to the extent permitted by applicable law, indemnify and defend all members of the Board and all members of the Architectural Control Committee, as hereinafter defined, from and against any and all loss, cost, expense, damage, liability, action or cause of action arising from or relating to the performance by the Board and such Architectural Control Committee of their duties and obligations, specifically including, without limitation, anything arising from or relating to the negligence of any officer, director, employee or agent of the Board or the Architectural Control Committee, except for any such loss, cost, expense, damage, liability, action or cause of action resulting from the gross negligence or willful misconduct of the person(s) to be indemnified.

Section 4.  Reserve Funds.  The Board may establish reserve funds which may be maintained and accounted for separately from other funds maintained for annual operating expenses and may establish separate, irrevocable trust accounts in order to better demonstrate that the amounts deposited therein are capital contributions and not net income to the Association.  Aggregate deposits in such reserve funds shall not exceed an amount as may be reasonably determined by the Board to be necessary. 

Section 5.  Board Powers.  With respect to the performance of the obligations of the Association hereunder, the Board shall have the right to contract for all goods, services and insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. 

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ARTICLE IV— PROPERTY RIGHTS

Section 1.  Owner's Right to Use and Enjoy the Common Areas.  Every Owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every lot, subject to the following:

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ARTICLE V—ASSOCIATION MEMBERSHIP AND VOTING RIGHTS

Section 1.  Membership.  Every person or entity who is the record owner of a fee or undivided fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association. The foregoing is not intended to include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership.  No owner, whether one or more persons, shall have more than one membership per lot.  In the event of multiple Owners of a lot, votes and right of use and enjoyment shall be as provided herein.  Membership shall be appurtenant to and may not be separated from ownership of any lot.  Ownership of a lot shall be the sole qualification for membership.  The rights and privileges of membership including the right to vote and to hold office may be exercised by a member or a member's spouse, but in no event shall more than one vote be cast nor office held for each lot.

Section 2.  Voting.  The Association shall have two classes of membership, Class "A" and Class "B", as follows:

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ARTICLE VI— COVENANT FOR MEMBERSHIP FEE AND ASSESSMENTS

Section 1.  Purpose of Assessments.  The assessments levied by the Association are for the purpose of promoting the recreation, scenic enjoyment, health, welfare and safety of the residents and for protecting, advancing and promoting the environment of the properties for the common benefit and enjoyment of the Owners and occupants of residences, improvements and maintenance of the Common Areas and other common facilities and other areas of common responsibility including but not limited to repair, replacement and additions thereto, and for the cost of labor, equipment and materials, management and supervision thereof, all as may be authorized form time to time by the Board of Directors. 

Section 2.  Creation of Lien and Personal Obligations of Assessments.  Each Owner of any lot, by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed in such deed or other conveyance, agrees to pay the Association: (a) An entering membership fee, (b) annual assessments, (c) special assessments and/or individual assessments against any particular lot, which shall be established and collected pursuant to the terms of this Declaration, including but not limited to reasonable fines as may be imposed herein.  

All such assessments, together with interest thereon, late charges and costs of collection thereof, including reasonable attorney's fees, (i) shall be a charge and a continuing lien upon the lot against which any such assessment is made and (ii) shall also be the joint and several personal obligation of each person who was an Owner of said lot at the time when any such assessment made against said lot fell due.  No Owner shall be entitled to a refund of any portion of the entering membership fee, or any annual or special assessment, or installment of a special assessment, paid by him, even though said Owner's membership in the Association terminates prior to expiration of the period covered by any such assessment or installment theretofore paid by him.  No owner may avoid or escape liability for the entering membership fee, or any annual or special assessment, or individual assessment, imposed or levied pursuant to this Article VI by abandonment of his lot or by attempted waiver of non-user of the benefits of membership in the Association, or of the Common Areas and facilities. 

Section 3.  Entering Membership Fee.  Each home owner-occupant or entity who holds an ownership interest in a lot, by acceptance of a deed therefor, 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, within ten (10) days after first becoming a member of the Association, an entering membership fee of One Hundred Dollars ($100.00) to be used by the Association for the same purposes for which annual and special assessments may be levied, provided, however, that no home owner-occupant or entity shall be required to pay the entering membership fee more than once, without regard to the number of lots in which said home owner-occupant from time to time may hold an ownership interest, and without regard to the number of times said Owner may again become a member of the Association after said Owner's initial membership therein terminates. 

Section 4.  Annual Assessment.  It shall be the duty of the Board, at least thirty (30) days prior to the Association's annual meeting, to prepare a budget covering the estimated costs of operating the Association during the coming year which may include a capital contribution or reserve in accordance with a capital budget separately prepared.  The Board shall cause the proposed budget and the assessments to be levied against each lot for the following year to be delivered to the last known residence address of each member at least thirty (30) days prior to the meeting.  The budget and the assessment shall become effective unless disapproved at the annual meeting by a vote of at least fifty-one percent (51%) of the total Association membership votes including those votes of the Class "B" member or members. Notwithstanding the foregoing, however, in the event the members disapprove the proposed budget or the Board fails for any reason to determine the budget for the succeeding year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the then current year shall continue for the succeeding year.  

It is agreed and understood that until such time as the first annual meeting of members of the Association, the Developer shall have the right to establish, assess and levy an annual assessment for each lot no longer owned by Developer.

Section 5.  Special Assessments.  In addition to the annual assessments authorized above, the Association may levy in any calendar year, a special assessment for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Areas of Common Responsibility, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the total membership, that being Class "A" members and Class "B" members, who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days in advance of the meetings setting forth the purpose of the meeting.  The Board of Directors may make such special assessments payable in installments over a period which may, in the Board's discretion, extend in excess of the fiscal year in which adopted. 

Section 6.  Individual Assessment.  In the event that the need for maintenance or repairs of the Areas of Common Responsibility is caused through the willful or negligent act of an Owner, his family, his guests or invitees, or in the event that an Owner of any lot shall fail or refuse to maintain such lot, or repair or replace the improvements located thereon in a manner satisfactory to the Board, or to the Architectural Control Committee, then, the Association, after approval by vote of 75% of all members of the Board, shall give such written notice of the Association's intent to provide the required maintenance, repair or replacement, at such Owner's sole cost and expense.  The Owner shall have fifteen (15) days within which to complete said maintenance, repair or replacement, or if such work cannot be accomplished within said fifteen day period, to commence said maintenance, repair or replacement.  If such Owner fails or refuses to discharge properly said obligations as outlined above, the Association shall have the right, through its duly authorized agents or employees to enter at reasonable hours of any day, upon said lot to perform such work.  The Association may levy an individual assessment upon any lot, except as provided in Section 7 of this Article, to cover the cost and expense incurred by the Association in fulfilling the provisions of this election. 

Section 7.  Exemption from Assessment.  The following property subject to this Declaration shall be exempt from all assessments, charges and liens created herein: (a) All properties to the extent of any easement or other interest therein dedicated and accepted by any public authority and devoted to public use. (b) All Common Areas as defined in Article I hereof. (c) Any vacant land or lots owned by a Class "B" member unless a lot is occupied as a residence. Any such land or lots owned by a Class "B"' member shall be maintained by such Class "B" member at such member's sole cost and expense. 

Section 8.  Assessment Due Dates  The annual assessment for each lot shall commence on the first day of the month following the transfer of ownership of the lot from Developer to the Owner. The method of payment and due dates for annual assessments shall initially be as established by the Developer, and subsequently thereto, by the Association, in accordance with Section 4 of this Article VI. The method of payment and due dates for individual assessments shall be as determined by the Board in accordance with Section 6 of Article VI. The Association shall prepare a roster of lots and assessments applicable thereto, which shall be open to inspection by any member upon reasonable notice to the Board. 

Section 9.  Computation.  Annual and special assessments shall be charged against each lot. The annual assessment for each lot, as set by the Developer, and subsequently thereto, by the Board, shall be determined by dividing the amount of estimated costs and expenses (including a reasonable contingency fund) to be incurred by the Developer and/or Association for the year in question by the total number of lots in the Subdivision and the number of multi-family housing units in the Subdivision. 

Section 10.  Effect of Nonpayment of Assessments; Remedies of the Association.  Any assessments which are not paid when due shall be delinquent.  Any assessment or assessment installment delinquent for a period of more than ten (10) days may incur a late charge in an amount as the Board may determine from time to time.  The Association shall cause a notice of delinquency to be given to any member who has not paid, within the ten (10) days following the due date.  If the assessment or assessment installment is not paid within thirty (30) days, the Association may declare the entire balance of such assessment for the remainder of such annual period due and payable in full, and a lien shall include the late charge, interest on the principal amount due at the maximum allowable rate from the date first due and payable, all costs of collection, reasonable attorney's fees actually incurred, and any other amounts provided or permitted by law.  In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts or to foreclose its lien.  Each Owner, by acceptance of a deed or other conveyance of a lot, vests in the Association or its agents, the right and power to bring all actions against such Owner or Owners personally for the collection of such charges as a debt and/or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners.  The Association, acting on behalf of the Owners, shall have the power to bid on the lot at any foreclosure sale or to acquire, hold, lease, mortgage and convey the same.  No Owner may waive or otherwise escape liability for the assessments provided for herein, including by way of illustration but not limitation, abandonment of the lot. 

Section 11.  Subordination of Lien.  The lien provided for in this Declaration shall be subordinate to the lien of any first mortgage now or hereafter placed upon the lot subject to assessment, provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure including but not limited to a mortgagor in possession or appointment of receiver.  Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. 

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ARTICLE VII—EASEMENTS

Section 1.  Utility Easements.  Developer hereby reserves the right to create easements upon, across, over, through and under the properties for ingress, egress, installation, replacement, repair and maintenance of all utility and service lines and systems including, but not limited to water, gas, telephones, electricity, television, cable or communication lines and systems.  By virtue of these easements, it shall be expressly permissible for the Developer or the providing utility or service company to install and maintain facilities and equipment on the property, to excavate for such purposes and to fix and maintain wires, circuits and conduits on, in and under the land providing such company restores disturbed areas to the condition in which they were found. 

Section 2.  Easement to Inspect.  Developer hereby grants and creates an easement in favor of the Association for ingress and egress on any lot to inspect such property for alleged violations of these covenants, the By-Laws of the Association, and any rules or regulations promulgated by the Association, based on formal, written complaints, and/or compliance with architectural standards and/or approved plans for alterations and improvements. 

Section 3.  Easement for Landscaping and Related Purposes.  There shall be and is hereby reserved to the Developer for as long as it retains its rights as Developer, a non exclusive easement over all lots and Common Areas (whether public or private) for the purpose of erecting and maintaining street intersection signs, directional signs, temporary promotional signs, street lights, entrance features and/or theme areas, lighting, stone, wood or masonry wall features and/or related landscaping.

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ARTICLE VIII—ARCHITECTURAL CONTROL

Section 1.  General.  Anything contained in the foregoing Article VII of this Declaration to the contrary notwithstanding, no site preparation on any Lot or change in grade or slope of any Lot or erection of buildings or exterior additions or alterations to any building situated upon the Property or erection of or changes or additions in fences, hedges, walls and other structures, or construction of any swimming pools or other Improvements, shall be commenced, erected or maintained on any Lot until the Architectural Control Committee (herein called the "Architectural Control Committee") appointed as hereinafter provided, has approved the plans and specifications therefor and the location of such Improvements. 

Section 2.  Composition.  Until such time as the first annual meeting of the Association as herein provided, Developer shall annually appoint the members of the Architectural Control Committee, which will be composed of at least three (3) individuals (the exact number of members of the Architectural Control Committee to be designated by Developer from time to time), each generally familiar with residential and community development design matters and knowledgeable about the Developer's concern for a high level of taste and design standards within the Project.  In the event of the death or resignation of any member of the Architectural Control Committee, Developer, for so long as it has the authority to appoint the members of the Architectural Control Committee, and thereafter, the remaining members of the Architectural Control Committee, shall have full authority to designate and appoint a successor.  Members of the Architectural Control Committee may be removed and replaced at any time with or without cause, and without prior notice, by Developer, for so long as Developer has the right to appoint the members thereof, and thereafter by the Board.  No member of the Architectural Control Committee shall be liable for claims, causes of action or damages (except where occasioned by gross negligence or willful misconduct of such member) arising out of services performed pursuant to this Declaration.  Subsequent to the first annual meeting, (and earlier if Developer specifically assigns this right to the Board), the Board shall designate the number of and appoint the members of the Architectural Control Committee on an annual basis.  At any time Developer may elect not to designate the number of and/or appoint the members of the Architectural Control Committee and may assign this right to the Board. 

Section 3.  Procedure.  No Improvement of any kind or nature shall be erected, remodeled or placed on any Lot until all plans and specifications therefor and a site plan therefor have been submitted to and approved in writing by the Architectural Control Committee, as to:

Final plans and specifications (including a site plan showing the location of the contemplated Improvements on the Lot) for all Improvements proposed to be constructed on a Lot shall be submitted in triplicate to the Architectural Control Committee for approval or disapproval.  In addition, Lot Owners shall submit to the Architectural Control Committee an initial inspection fee.  The initial inspection fee shall be initially set at $75.00, but may be revised by the Architectural Control Committee upon approval by the Developer or a majority of the Board.  In the event that it is necessary for the Lot Owner to submit subsequent revised plans and specifications, additional inspection fees may be required by the Architectural Control Committee, which shall be determined by said Committee based on the number and the nature of the revised plans and specifications.  The Architectural Control Committee is authorized to request the submission of samples of proposed construction materials.  At such time as the plans and specifications meet the approval of the Architectural Control Committee, one complete set of plans and specifications will be retained by the Architectural Control Committee and the other complete sets of plans and specifications will be marked "Approved" and returned to the Lot Owner or his designated representative.  If found not to be in compliance with these covenants, conditions and restrictions or if found to be otherwise unacceptable to the Architectural Control Committee pursuant hereto, one set of plans and specifications shall be returned to the Lot Owner marked "Disapproved", accompanied by a reasonable statement of items found not to be in compliance with these covenants, conditions and restrictions or otherwise being so unacceptable.  Any modification or change to the Architectural Control Committee-approved set of plans and specifications (specifically including, but without limitation, the above-described site plan) must again be submitted to the Architectural Control Committee for its inspection and approval.  The Architectural Control Committee's approval or disapproval, as required herein, shall be in writing.  Once the Architectural Control Committee has approved of plans and specifications for Improvements, the construction of such Improvements must be promptly commenced and diligently pursued to completion and if such construction is not commenced within twenty-four (24) months following the date of approval of the plans and specifications therefor by the Architectural Control Committee, such approval shall be deemed rescinded.  Before construction of Improvements can thereafter be commenced on the Lot in question, the plans and specifications therefor must again be approved by the Architectural Control Committee pursuant to this Article VIII.

The Architectural Control committee may from time to time publish and promulgate architectural standards bulletins which shall be fair, reasonable and uniformly applied in regard to the Lots and shall carry forward the spirit and intention of these covenants, conditions and restrictions.  Although the Architectural Control Committee shall not have unbridled discretion with respect to taste, design and any standards specified herein, the Committee shall be responsive to technological advances or general changes in architectural designs and materials and related conditions in future years and use its best efforts to balance the equities between matters of taste and design (on the one hand) and use of private property (on the other hand).  Such bulletins shall supplement these covenants, conditions and restrictions and are incorporated herein by reference. 

Section 4.  Jurisdiction.  The Architectural Control Committee is authorized and empowered to consider and review any and all aspects of the construction of any Improvements on a Lot which may, in the reasonable opinion of the Architectural Control committee, adversely affect the enjoyment of one or more Owners or the general value of the Property or the Project. 

Section 5.  Enforcement.  The Architectural Control Committee shall have the specific non-exclusive right (but no obligation) to enforce the provisions contained in this Article of this Declaration and/or to prevent any violation of the provisions contained in this Article of this Declaration by a proceeding at law or in equity against the person or persons violating or attempting to violate any such provisions contained in this Article of this Declaration.

Section 6.  Definition of "Improvement".  The term "Improvement" shall mean and include, but not be limited to, all buildings, storage sheds or areas, roofed structures, parking areas, fences, walls, hedges, mass plantings, poles, driveways, ponds, lakes, changes in grade or slope, site preparation, clothesline installation, swimming pools, tennis courts, signs, exterior illumination, changes in any exterior color or shape and any new exterior construction or exterior improvement exceeding $1,000.00 in cost which may not be included in any of the foregoing.  The definition of Improvements does not include garden shrub or tree replacements or any other replacement or repair of any magnitude which ordinarily would be expensed in accounting practice and which does not change exterior colors or exterior appearances. The definition of Improvements does include both original Improvements and all later changes to Improvements. 

Section 7.  Failure of the Architectural Control Committee to Act.  If the Architectural Control Committee fails to approve or disapprove any plans and specifications and other submittals which conform (and which relate to Improvements which will conform) with the requirements hereof or to reject them as being inadequate or unacceptable within thirty (30) days after submittal thereof, and provided such submittal was a full and complete submittal of all items that were to have been submitted to the Architectural Control Committee it shall be conclusively presumed that the Architectural Control Committee has approved such conforming plans and specifications and other submittals, EXCEPT that the Architectural Control Committee has no right or power, either by action or failure to act, to waive or grant any variances relating to any mandatory requirements specified in the Declaration.  If plans and specifications or other submittals are not sufficiently complete or are otherwise inadequate, the Architectural Control Committee may reject them as being inadequate or may approve or disapprove part, conditionally or unconditionally, and reject the balance.  The Architectural Control Committee is authorized to request the submission of samples of proposed construction materials.

Section 8.  Limitation of Liability.  Neither the Architectural Control Committee nor the members thereof nor Developer shall be liable in damages or otherwise to anyone submitting plans and specifications and other submittals for approval or to any Owner by reason of mistake of judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any plans or specifications. 

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ARTICLE IX—RESTRICTIVE COVENANTS

Section 1.  Land Use.  The Properties committed to this Declaration as described in said Plats of Subdivision shall be used for residential purposes only, and no trade or business of any kind may be carried on therein, except as to home office activities, which are allowed to be conducted on any lot, provided such activity or activities do not involve:

Section 2.  Nuisances.  No nuisance or offensive activity shall be permitted upon the properties so as to jeopardize property values or be detrimental to the enjoyment, comfort and well-being of the members  Each Owner shall refrain and prohibit any act or use of a lot which could reasonably cause embarrassment or annoyance to other Owners or occupants, and the Board shall have the power to make and enforce reasonable rules and regulations in furtherance of this provision.

Section 3. Single-Family Purposes.  No lot shall be used except for single family residential purposes. 

Section 4.  Allowable Structures/Size.  The total floor area of the main structure, exclusive of basement, one story open porches and garages shall: 

The Architectural Control Committee may, in its discretion, permit a variance as to the minimum square footage so long as such variance is no more than 20% of the minimum required square footage.

No trailer, basement, tent, shack, garage, or barn placed on any lot shall, at any time, be used as a residence, temporarily or permanently.

Section 5.  Building Sites.  A11 buildings shall be located within the building site lines as established by the Architectural Control Committee and any engineer employed by the Architectural Control Committee. 

Section 6.  Gradelines.  The gradeline of any lot shall be maintained to correspond with that of surrounding property.  All grade lines will be set by the engineering company employed by the Developer or the Association prior to any construction.  The topography of the lot shall not be altered so as to keep water from flowing as designed. 

Section 7.  Vacant Lots.  All vacant lots shall be kept in a natural state, free of invasive weeds and foreign species, and shall not be permitted to fall into an unsightly condition.  Any vacant lot which falls into an unsightly condition may be maintained by the Association at the expense of the Owner, and such expense shall be considered a Special Assessment to that Owner by the Association. 

Section 8.  Certain Site Improvement Limitations.

Section 9.  Sale/Storage of Liquor.  No spirituous, vinous or malt liquor shall be sold, or kept for sale, on any lot. 

Section 10.  Animals, Livestock, and Poultry.  No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other generally recognized household pets may be kept; provided that they are not kept, bred or maintained for any commercial purposes.  Such domestic pets shall not be permitted to cause or create a nuisance, disturbance or unreasonable amount of noise which may affect any resident or other person on the Owner's lot.  Such domestic pets, at all times, must be within the voice control of the pet owner, or must be on a leash held by a person whenever such domestic pets are allowed upon the Common Areas or the trails included in the Conservation Easements.  Notwithstanding any other provision to the contrary binding, the Association may adopt binding rules and regulations from time to time pertaining to the keeping of any and all pets upon the properties when the Association determines such action to be in the best interest, well being, and enjoyment of any or all of the residents of the Grand Oaks Estates Subdivision. 

Section 11.  Vehicles/Parking.  No lot, or any part hereof, shall be used, either temporarily or permanently, to sell, store or accumulate used cars, parts therefrom, or junk of any kind or character whatever.  No owner, tenant, guest or other person shall park, store, or keep on any lot or Common Area, outside the confines of an enclosed garage, any commercial vehicle, boat or other water craft, motor home, trailer, camper or other transportation devices of any kind.  The Architectural Control Committee may allow the parking or storage of certain motor homes, trailers, or campers outside an enclosed garage so long as, in the sole opinion of the Architectural Committee, a natural or constructed shield exists to block the view of such vehicles by neighbors, users of the Common Areas and trails, and passing traffic.

No Owner, tenant or other person shall repair or restore any vehicle of any kind upon any lot or Common Area outside the confines of an enclosed garage.  No vehicles, that are not in a condition to be normally operated, may be stored or situated on any lot for more than seven (7) days, unless stored within the confines of an enclosed garage.  Trucks with tonnage in excess of one ton shall not be permitted to park overnight on the streets, driveways or otherwise within the property.  No vehicle of any size which transports inflammatory or explosive cargo may be kept on the property at any time.

The owner of each lot will be responsible for providing, on such lot, sufficient parking area for all vehicles normally parked and/or situated on/or in regard to such lot, such that on-street parking will not be permitted.  Notwithstanding any provisions heretofore stated in these covenants and restrictions, the Association shall have the power and authority from time to time to adopt additional regulations regarding the parking and storage of vehicles. 

Section 12.  Rubbish/Waste.  Rubbish, trash, garbage or other waste shall be kept in sanitary containers, and shall not be stored, kept deposited or left on any lot or any other part of the properties, except such garbage and rubbish which shall necessarily accumulate from the last garbage and rubbish collection.  Sanitary containers shall not be permitted to remain in public view except on days of collection.  No burning of trash, garbage, yard waste or removed vegetation shall be permitted.  Burning of trees felled in the preparation for construction or of trees damaged by disease, wind or storms. is not allowed unless the Architectural Control Committee issues a single use permit for the burning of trees.

Section 13.  Signs.  No sign of any kind shall be maintained or displayed on any lot except one sign of not more than one (1) square foot in area, identifying the occupants of the dwelling, one sign of not more than ten (10) square feet in area advertising the property for sale or rent, and signs used by contractors during the construction of any improvements thereon. 

Section 14.  Mail Receptacles.  The Architectural Control Committee shall have the right and power to prescribe and enforce uniform mail receptacles throughout the Subdivision. 

Section 15.  Fencing.  No fencing shall be permitted in front yards.  Fences, walls and screens shall be allowed in rear and side yards only for the purpose of: 

All fencing, walls and screens shall require the prior approval of the Architectural Control Committee for installation.

Section 16.  Timber.  All lot owners are required to preserve the natural beauty of the subdivision and to preserve the growth of timber which is presently located thereon.  No significant cutting of timber shall be allowed on any lot except as to the cutting or removal of trees as is necessary for the purpose of enhancing the beauty of the area, to foster future growth of remaining trees, and to allow for construction thereon.  No tree larger than four inches caliper shall be removed or cut without prior written approval of the Architectural Control Committee. 

Section 17.  Erosion Control During Construction  During clearing and construction, until all exposed dirt from excavation has been removed from the lot or brought to an approved final grade surrounding the dwelling unit and until the lot is permanently landscaped with vegetation or landscaping material, the lot owner shall take such steps as are necessary to prevent the erosion and washing of soil from the lot. 

Soils, mud and landscape waste carried from the lot onto other properties and common areas such as easements, rights of way and roadways, by erosive forces or by vehicles leaving a construction site, shall be cleaned up daily or as necessary, at the expense of the lot Owner. 

Section 18.  Diligence During Construction  All construction of a dwelling must be completed with due diligence and within a twelve month period of time after commencement of construction. During any period of construction or repair, the Owner responsible for such construction and repair shall maintain proper safety procedures, including appropriate construction barriers.  Any construction use of easements for ingress and egress shall be minimized so as to not interfere with traffic and so as not to create offensive dust, debris, noise, or fumes.  Amy damage to common areas or private lots, wherever located, caused by construction traffic shall be promptly repaired by the Owner so as to place such damaged area in the condition which existed immediately prior to the construction period.  If, during any phase of construction activities, disruptions occur which obstruct or otherwise negatively affect the traffic flow or activities of the other lot owners, the Architectural Committee may direct the Owner to immediately cease and desist using the contractors or subcontractor causing said disruption and the Owners shall promptly comply with such direction.

Section 19.  Alteration of Natural Drainage Flow.  Owners shall not alter or restrict the natural drainage flow in existing draws, or, in any manner, without first obtaining the express written permission from all contiguous or adjacent lot owners, which might be affected by said alteration of natural drainage.  No pond or water reservoirs other than as established by Developer shall be permitted. 

Section 20.  Water Supply.  Connection to the public water supply is required. Private wells are not permitted. 

Section 21.  Sewage Disposal  Aeration Units or Buried Sand Filters shall be required on all lots with residences or multi family dwellings when construction is completed.  The Units or Filters must meet all Illinois Department of Public Health regulations and requirements as well as all Illinois Environmental Protection Agency regulations and requirements.  The Units or Filters must be installed, replaced or repaired by licensed contractors as licensed by the Illinois Department of Public Health and must be installed, repaired, or replaced in conformance with the Private Sewage Disposal Act and Code of 1984, as amended from time to time hereafter.  A detailed drawing of the aeration unit or filter system showing the placement of the unit or filter system must be submitted to the Architectural Control Committee for its approval prior to issuance of  a building permit for the installation, repair, or replacement of said aeration unit or filter system.  All said Units or Filters must be inspected by the Architectural Control Committee before the system is backfilled.  If the Owner fails to have the Architectural Control Committee inspect the Unit or Filter system before it is backfilled, then the Owner shall be subject to a fine not to exceed $200.00 and the Owner shall be responsible for the cost to expose the system for inspection by the Committee.

Section 22.  Subdivision of Lots  No lots shall be subdivided except the lot between and contiguous to two other lots may be purchased and divided by said contiguous lot owners. No dwelling may be constructed on property less than a full lot.

Section 23.  Hazardous Substances.  No Owner shall cause or permit the presence, manufacturing, use, disposal, storage, or release of any Hazardous Substances on or in their respective lot.  Owners shall not do, nor allow anyone else to do, anything affecting their lot that is in violation of any Environmental Law.  The preceding two sentences shall not apply to the presence, use, or storage on their lot of small quantities of Hazardous Substances that are generally recognized to be appropriate to maintenance of the premises.

Owners shall promptly give the Association written notice of any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving their lot and any Hazardous Substance or Environmental Law of which Owners have actual knowledge.  If the Owner learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting their lot is necessary, the Owner shall promptly take all necessary remedial actions in accordance with directives or guidelines of the appropriate governmental agency and with Environmental Law.

As used in this Section 25, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:  gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.  As used in this Section 25, "Environmental Law" means federal law and the laws of the jurisdiction where the Property is located that relate to health, safety, and environmental protection.

Section 24.  Oil and Mining Operations.  No oil drilling, oil development operations, oil refining, quarrying, soil stripping, or mining operations of any kind shall be permitted upon or in any lot, and no oil wells, tank, tunnels, mineral excavations or shafts shall be permitted upon or in any lot.  No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot.

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ARTICLE X—INSURANCE AND INDEMNIFICATION

Section 1.  Common Area Insurance.  The Board shall have the authority to and shall obtain insurance for the Common Areas and all improvements situated thereon, and for any other real or personal property of the Association against loss or damage by fire and such other hazards as the Board may deem desirable to insure against, for the full insurable replacement cost of said Common Areas, improvements situated thereon and other real and personal property of the Association.  The Board shall also have the authority to and shall obtain comprehensive public liability insurance, including liability for injuries to and death to persons, and property damage, in such limits as the Board shall deem desirable, insuring the Association, its Directors, Officers, Committee Members, employees, and Agents from liability in connection with Common Areas, improvements located thereon, and other real and personal property of the Association, and insuring the Directors, Officers and Committee Members of the Association from liability for good faith acts or omissions beyond the scope of their respective authorities.  Such insurance coverage shall include cross‑liability claims of one (1) or more insured parties against other insured parties.  Premiums for all such insurance shall be a common expense of the Association.

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ARTICLE XI—ENFORCEMENT AUTHORITY AND PROCEDURE

Section l. Authority.  The Board shall be authorized and empowered to:

Section 2. Procedure.  The Board shall not impose a fine, suspend voting, begin court action or infringe upon any other rights of a member or other occupant for violation of rules unless and until the following procedure is followed:

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ARTICLE XII—GENERAL PROVISIONS

Section 1. Articles and By-Laws of Association. The Articles of Incorporation and By‑Laws of the Association shall be made a part hereof. 

Section 2. Severability.  If any provisions of this Declaration or the By-Laws of the Association or any section, sentence, clause, phrase or word or the application thereof in any circumstance, is held invalid by the judgment or order of any court of general jurisdiction, the validity of the remainder of the Declaration and said By-Laws, and the validity of the application of any such provision, section, sentence, clause, phrase or word in any other circumstances, shall not be affected thereby.  All applicable restrictions, covenants, laws, and ordinances of the County of Menard, or, if applicable, the City of Petersburg, shall be considered a part of these restrictions and covenants and nothing herein shall be construed to approve or permit anything prohibited by law or such ordinance. 

Section 3. Title holding Trust.  In the event title to any parcel is conveyed to a title-holding trust, under the terms of which trust the powers of management, operation and control of said parcel remain vested in the trust beneficiary or beneficiaries thereunder, the Beneficiaries shall be deemed the Owner or Owners of said parcel and subject to all of the terms and provisions of this Declaration and the By-Laws of the Association.  No claims shall be made against any such title holding trustee personally for payment of any entering membership fee, assessment, lien or other charge created by this Declaration or said By-Laws, and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such entering membership fee, assessment, lien or other charge, provided, however, that the amount of such entering membership fee, assessment, lien or other charge shall continue to be a charge and lien upon each parcel conveyed to said title holding trust, and the joint and several personal obligation of the beneficiaries of said trust at the time any entering membership fee, assessment, lien or other charge with respect to any such parcel became due and payable, notwithstanding any transfers of the beneficial interest of said trust, or any transfers of title to any such parcel. 

Section 4. Notice of Sale, Lease or Mortgage.  In the event an Owner sells, leases or executes a contract for deed of the Owner's property, the Owner will be required to give to the Association, in writing, the name of the purchaser or lessee of the property. 

Section 5. Amendments and Supplemental Declarations.  Any amendments and supplemental declarations shall set forth the covenants, conditions, restrictions, easements, development guidelines, charges and liens to which the property covered thereby shall be subject.  Such amendments, modifications, covenants, conditions, restrictions, easements, charges and liens may contain additions, deletions and modifications from those contained in this Declaration, as the parties subjecting such property to the scheme of this Declaration may desire, provided, if such party is other than Developer, as a condition to such party's right to so impose such additions, deletions or modifications, such party must first obtain the prior written consent thereto of Developer and the Association, acting through its Board, in such manner as required by the By-Laws of said Association. No amendment or supplemental declaration shall require a lot owner to remove any structures constructed in compliance with the Declaration existing on the date on which the construction of any such structure was commenced.  Such amendment or supplemental declaration shall not become effective until the instrument evidencing such amendment or supplemental declaration has been filed of record.  It is expressly agreed and understood that, until such time as the first annual meeting of the Association as hereinafter provided, Developer may make amendments and create and impose supplemental declarations in regard to all or any part of the property and thereby supplement, modify and/or amend the terms and provisions hereof.