Country Squire at Crest Hill R79-14323

COUNTRY SQUIRE AT CREST HILL R79-14323

DECLARATION

OF

COVENANTS, CONDITIONS AND RESTRICTIONS

THIS DECLARATION, made on the date hereinafter set forth by CREST HILL DEVELOPMENT CORPORATION, an Illinois Corporation, hereinafter referred to as “Declarant”,

WITNESSETH:

WHEREAS, Declarant is the owner of, or has an interest in, certain property in Crest Hill, County of Will, State of Illinois, which is more particularly described on “Exhibit A” attached hereto and incorporated herein; and

WHEREAS, Declarant will convey the said properties, subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth;

NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, 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 real property and shall be binding on all parties having or acquiring any right, title, or interest in the described properties or any part thereof, and shall inure to the benefit of each owner thereof.

ARTICLE I

DEFINITIONS

Section 1.“Association” shall mean and refer to the COUNTRY SQUIRE HOMEOWNER’S ASSOCIATION, and Illinois not-for-profit corporation, it’s successors and assigns.

Section 2.“Properties” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 3. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association (Referred to the common area of the plat.)

Section 4.“Townhouse” for the purpose of this Declaration shall have the same meaning as the term “Unit” as defined in Section 2(d) of the “Condominium Property Act” of the State of Illinois, and shall mean and refer to an individual platted lot, as designated upon any recorded subdivision map of the Properties, upon which one individual home is constructed or is to be constructed, and to the home constructed upon such lot; a typical description of such home and lot being Townhouse 1.

Section 5.“Lot” shall mean and refer to an individual platted lot designated upon any recorded subdivision map of the Properties, upon which one individual home is constructed or is to be constructed.

Section 6. “Member” shall mean and refer to every person or entity who holds membership in the Association

Section 7. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of obligation.

Section 8.“Declarant” shall mean and refer to said CREST HILL DEVELOPMENT CORPORATION, it’s successors and assigns.

ARTICLE II

ANNEXATION OF ADDITIONAL PROPERTIES

Annexation of additional property shall require the assenting vote of at least one-half (1/2) of the total votes held by the Association members at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.

ARTICLE III R83-28144

MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.

The presence of members or of proxies entitled to cast at least fifty percent (50%) of the total votes held by the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such at such subsequent meeting shall be one half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.

ARTICLE IV R83-28145

VOTING RIGHTS

The Association shall have one class of membership, which shall be all those Owners as defined in Article II. Each such member shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

EXTERIOR MAINTENANCE

In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters, downspouts, exterior building, surfaces, trees, shrubs, grass, walks, and other exterior improvements, and the Association for itself and its agents is hereby granted the right and easement to enter in and upon all Lots and the exterior of the home thereon for purposes of such maintenance. Such exterior maintenance shall not include glass surfaces, patio areas, and fenced-in yards. The Association shall not provide exterior maintenance in exempt Lots under section 10(d) of Article VI during the period of their exemption.

In the event that the need for maintenance or repair is caused through thee willful or negligent act of the Owner, his family or guest, or invitees, the cost of such maintenance of repairs shall be added to and become a part of the assessment to which such lot is subject.

ARTICLE V

PROPERTY RIGHTS

Section 1. MEMBERS EASEMENTS OF ENJOYMENT. Every member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every accessed Lot subject to the following provisions:

(a)The right of the Association to limit the number of guests permitted by each member.

(b)The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the common area.

(c)The right of the Association, in accordance with it’s Articles and by-laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property.

(d)The right of the Association to suspend the voting rights and the right to the use of the recreational facilities by a member, for any period during which any assessment against his Lot remains unpaid, and also for a period not to exceed 30 days for any infraction of it’s published rules and regulations;

(e)The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members.

No such dedication or transfer shall be effective unless an instrument signed by it’s members entitled to cast one-half(1/2) of the total votes. If any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than 30 days nor more than 60 days in advance

(f)The right of the individual members to the exclusive use of parking spaces as provided in the Article; and

(g)As part of the overall program of development of the properties and annexed lands into a residential community and to encourage the marketing thereof, the Declarant shall, for sales purposes only, have the right of use of the common areas and facilities thereon without charge during the sales and construction period on the Properties and annexed lands to aid in it’s marketing.

Section 2.Delegation of Use.Any member may delegate, in accordance with the by-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

Section 3.Title to Common Area.The declarant hereby covenants for itself, its heirs and assigns, that it will convey fee simple title to the Common Area to the Association, prior to the conveyance of the first lot, free and clear of all encumbrances and liens, except for these covenants and restrictions, public zoning ordinances, current real estate taxes, if any, (which shall be prorated among the parties) and utility easements granted or to be granted for sewer, water, gas, electricity, telephone and any other necessary utilities, and a public street dedications.

Section 4.Parking Rights.Ownership of each lot shall entitle the owner or owners thereof to the use of one garage space located upon the Lot and one additional parking space located in front of the garage, together with the right of ingress and egress upon such spaces. In addition, other guest parking areas will be provided upon the Properties.

Section 5.Easement for EncroachmentAn easement for encroachment is hereby granted in favor of all Owners in the event any portion of any Townhouses or improvement on any Lot now or hereafter encroaches upon any of the other Lots as a result of minor inaccuracies in survey, construction or reconstruction due to settlement or movement. The encroaching improvements shall remain undisturbed for so long as the encroachment exists. Any easement for encroachment shall include an easement for the maintenance and use of the encroaching improvements in favor of each of the owners of their designees.

Section 6.Structural Cross EasementsCross easements of support and use over, upon, across, under, through and into the common structural elements of the Buildings on the Properties are hereby granted in favor of each of the Association, Owners or their designees for the continued use, benefit and enjoyment and continued support, service, maintenance, repair and design of all Buildings and common structural elements on the Properties.

Section 7.Utility Services Easement.An easement or easements, and cross easements to provide utility services. Including rights of access to maintain, repair, replace or install fixtures and appurtenances necessary for such utility services are hereby granted for the benefit of the appropriate utility companies.

ARTICLE VI

COVENENT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obilgation of Assessments. The declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney’s 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 shall not pass to his successors in title unless expressly assumed by them.

Section 2.Purpose of AssessmentsThe assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the properties and in particular for the improvements and maintenance of the Properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the homes situated upon the Properties.

Section 3.Basis and Maximum of Annual AssessmentsUntil January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be Four Hundred and Twenty Dollars ($420.00) per Lot. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased effective January 1 of each year by a favorable vote of one-half (1/2) of the votes of 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 nor more than 60 days in advance of the meeting setting forth the purpose of the meeting, The limitations hereof shall not apply to any change in the maximum assessment and the basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.

Section 4.Special Assessments for Capital Improvements.In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, 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 Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-third (2/3) of the votes of members who are voting in person or by proxy at the meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting.

Section 5.Uniform Rate of AssessmentBoth annual and special assessments must be fixed at a uniform rate of all Lots, except for certain Lots as provide in Section 10 and may be collected on a monthly basis, or such other basis as set by the Board of Directors.

Section 6.Quorum for Any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 thereof, the presence at the meeting of members or of proxies entitled to cast fifty percent (50%) of the total of all votes held by each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) 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 7.Date of Commencement of Annual Assessments due Dates: The annual assessments provided for herein shall commence for all Lots within the Properties on the first day of the month following the conveyance of the Common Area. Such assessments shall not commence as long as title and ownership remain in Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The first annual assessment for Lots added through annexation to the properties shall be adjusted according to the number of months remaining in the calendar year after the date of annexation. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period and in lieu thereof, the amount of the prior year’s annual assessment shall be the fixed amount. Written notice of any changed amount of annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the Issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. The annual assessment for 1979 shall be Four hundred and twenty Dollars($420.00).

Section 8.Effect of nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the 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; and interest, costs and reasonable attorney’s fees of any such action will be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.