Restrictions, Reservations, Conditions and Protective Covenants, Affecting Title to All

RESTRICTIONS, RESERVATIONS, CONDITIONS AND PROTECTIVE COVENANTS, AFFECTING TITLE TO ALL LOTS IN WHISPERING WINDS, A SUBDIVISION LOCATED IN GIBSON COUNTY, INDIANA, ACCORDING TO THE RECORDED PLAT THEREOF

This indenture witnesses that Country Ayre, Inc. (hereafter “Developer”) is the owner of all lots and lands comprising the recorded subdivision known as Whispering Winds, as per plat thereof, recorded as Instrument No. ______in the Office of the Recorder of Gibson County, Indiana, and does hereby make and adopt the following restrictions reservations and conditions for the use and occupancy of the lots and lands comprising Whispering Winds subdivision (hereafter "Subdivision"), which covenants, conditions, reservations and restrictions (hereafter collectively “Restrictions”) shall run with the land and shall be binding upon all owners of the lots and lands in the Subdivision. This is meant to include all PHASES of said subdivision.

1. RESIDENTIAL LAND USE. All lots in the Subdivision shall be known and described and used only for single-family residential purposes. Other use of any lot or building in this Subdivision is prohibited by these Restrictions, including, but not limited to, in-home businesses.

2. TYPE OF PERMITTED STRUCTURE.

(a) No structure shall be erected, altered, placed or permitted to remain on any lot other than one (1) single-family dwelling, not to exceed two (2) stories in height, not including basements or walk-out basements, and an attached garage for not less than two (2) cars nor more than four (4) cars. In addition, detached accessory buildings, such as an outbuilding, must be approved by the Developer. All satellite dishes, swing sets and play areas shall be placed in backyards.

(b) Detached buildings will be allowed under regulations set by the Developer consistent with the following guidelines:

1. Buildings must be at least 24' X 24' meeting all building codes.

2. Buildings will be placed in a position that will not alter water drainage on the lot or swales in any way.

3. Buildings must be constructed of same exterior veneer as home or match home in appearance.

4. Buildings must have a shingled roof with a pitch no less than a 4/12 pitch.

3. ARCHITECTURAL CONTROL. No structure shall be built or altered on any lot until the construction plans and specifications of the structure have been approved by the Developer. Approval of the structure shall be evidenced by a letter to the owner of the lot and shall be given if the structure conforms to the Restrictions and is in reasonable architectural harmony and conformity with others in the Subdivision. The Developer will retain an approved and signed copy of the construction plans and specifications. No alterations or modifications shall be made from the approved construction plans and specifications if not first resubmitted to the Developer for approval.

4. CONSTRUCTION OF BUILDINGS. Following is the minimum finished living area - exclusive of basements,,porches and attached garages - for various types of houses in the

Subdivision:

(a) One-story dwellings shall have a minimum finished living area of 1800 square feet. One and one-half story dwellings and two-story dwellings shall have a minimum finished living area of 2500 square feet, with at least 1500 square feet of living area on the first floor, and at least 900 square feet on the second floor. All one-story dwellings shall be constructed of brick or stone to a height of the freeze board or soffits. The balance of the veneer of the home may be done in wood, vinyl or aluminum siding. The location and amount of each veneer to be used on all homes normally consisting of gable ends shall be subject to approval by the Developer.

(b) All fireplace flues are to be wrapped with an approved exterior veneer, such as brick or stone. The flue liners are to have no more than 16 inches exposed above the top of the chimney.

(d) Privacy fence design and material must be approved in advance by the Developer. Fences shall be situated no closer to the street than the front edge of the house. No chain link or wire fences are permitted unless they are enclosed by the approved fence. All approved fences shall be installed with the finished side of the fence to face adjoining lots or adjoining streets. Fences may be installed across easements along the property line or within an easement under the following conditions:

1. The utilities must be located and marked by the utility companies before any post excavation or post driving is done within the easement.

2. All posts and fences shall be installed and maintained at the owner's risk and must be removed for access by the utilities when requested.

3. Utility companies or persons working on the drainage swale or in any public utility and drainage easement shall not be required to put the fence back up.

4. Fence panels across or along the approved and platted drainage easements on the Subdivision's recorded plat must be installed so that the lowest horizontal line of fence material is at least nine (9) inches above the bottom of the swale.

5. Heavy wire fabric with openings at least two (2) inches by two (2) inches may be installed below the nine (9)-inch clearance to keep pets within the yard as long as the owner keeps the opening clean and free-flowing at all times.

6. Fences in side yards swales between lots do not require nine (9) inches of clearance; however, they shall not unreasonably impede the flow of water nor direct said flow onto other property.

(e) Mailbox location and specifications will be determined by the mail carrier and the United States Postal Service.

5. CONCRETE BLOCKS. No completed structure shall have concrete blocks exposed on its exterior. Brick or stone must be applied over exposed blocks.

6. TIMETABLE FOR CONSTRUCTION. The construction of any building shall be completed within nine (9) months from the day construction begins.

7. CARE OF PROPERTY DURING CONSTRUCTION. All lots in the Subdivision are subject to the Indiana Department of Environmental Management's (IDEM) General Permit Rule No. 327 I.A.C. 15-5, which generally provides that erosion control practices be used during development and construction and must minimize soil erosion and sediment-laden water from flowing from the building sites and requires that streets be kept free from transported soil from the building sites.

In compliance with this provision, an erosion control plan (hereafter “Plan”) has been submitted to the Gibson County Soil and Water Conservation District with terms that shall be binding upon all lot owners within the Subdivision. The Plan requires, among other things, the construction of appropriate driveways for entering and exiting during construction and the implementation of measures to minimize sediment-laden water from being discharged into streets and drainage ways. At the time of purchase, the lot owner assumes complete and exclusive responsibility for compliance with the Plan respecting the lot owner's lot.

The provisions of Rule 327 I.A.C. 15-5 and the Plan submitted to the Gibson County Soil and Water Conservation District shall become a part of these covenants and restrictions and shall be binding on all lot owners as it pertains to their individual lots. The lot owners shall release and indemnify and hold Developer harmless in connection with any and all violations thereof. Furthermore, all lot owners shall be responsible for compliance with this provision and the referenced administrative rules and the Plan within the boundaries of each lot owner's real estate. Developer shall not be responsible and shall have no liability for silt or debris flowing into the street or on lots once the lot is conveyed to the lot owner. The owners of lots in the Subdivision, together with their builders and agents, shall indemnify and hold Developer harmless from any such liability.

8. EASEMENTS. The strips of real estate of the width shown on the recorded plat and marked "easement" are reserved for the use of any and all public utilities and for the installation of water, sewer mains, surface water drainage, poles, ducts, line and wires, subject to the proper authorities and to the easements herein reserved. No structures or other improvements, planting or other material shall be erected or permitted to remain within the easements which may damage or interfere with the installation and maintenance of utilities. The easement area of each lot shall be maintained continuously by the lot owners so as to not change the intended direction of flow of surface water within the easement.

9. FENCES, TREES AND SHRUBS. No fence shall be placed beyond the front edge of the house, nor shall any trees or shrubs or landscaping of any kind be planted and maintained in such a manner that would create a safety hazard or detract from the appearance of the Subdivision, (also refer to Paragraph 4, Part (d), of these Restrictions for further information).

10. DRIVEWAYS. All driveways shall be paved with a four (4)-inch-thick concrete or asphalt equivalent.

11. STREET MAINTENANCE. There are ______platted lots in the Subdivision. Each of said platted lot owners, their successors and assigns, shall be responsible for the maintenance, repairs and improvements to ______until such time, if ever, that said roads within the Subdivision are accepted for maintenance by public authority. The owners of the lots affected by this Paragraph shall share in the maintenance, repair and improvements costs of the roads as hereinafter provided. The costs of maintenance, repair and improvements of said roads shall be divided among the owners of the lots. The joint owners of any such lot shall be considered as one owner for the purpose of this Paragraph, and the standard of maintenance of said roads shall be set by majority vote of the owners of all lots affected by this Paragraph. In this regard, the Developer shall receive one vote for each lot owned by the Developer. The firm or person to perform the maintenance, repair or improvements shall be selected by majority vote of the lot owners, and the cost thereof shall be assessed equally among the lot owners. Any such assessment shall be promptly paid by each respective lot owner to the person ordering the maintenance, repair or improvement work, or to the person performing the maintenance, repair or improvement work, or into an escrow account established for that purpose, and said assessment shall bear interest at the rate of twelve percent (12%) per annum from date of assessment, together with reasonable attorneys’ fees incurred in enforcing such assessment. Any unpaid assessment shall become a lien against the lot failing to pay said assessment upon the recording of a Notice of Lien for Unpaid Assessment for Road Maintenance in the Office of the Recorder of Gibson County, Indiana, which lien against said lot shall be in favor of the person or persons authorized to order said maintenance, repair or improvement work and the contractor performing the maintenance, repair or improvement work, and such lien shall be enforceable by foreclosure or any other proceedings available for enforcement of liens. The taxes and assessments upon the land included within the roads shall be shared equally by the owners of the lots affected by this Paragraph, and such taxes and assessments shall be collected and become a lien and be enforceable in the same manner as provided in this Paragraph for costs of repair, maintenance and improvement of the roads; or alternatively, the Developer may request the Gibson County Auditor, Assessor, and Treasurer to add the portion of the road adjacent to each of such lots affected by this Paragraph to such respective lot for real estate tax and assessment purposes

12. WASTE DISPOSAL. All lot owners shall keep their lots free of any and all garbage, sewage and refuse. Any trash or other waste accumulated by any owner or occupant of a lot in this Subdivision shall be kept in proper sanitary containers and disposed of on a weekly basis. All containers and related equipment must be kept in a location not visible from the street at the front of the house. No grass clippings or other debris may be placed on any vacant lot or out lot areas.

13. APPEARANCE OF LOTS. All lots must be kept free of debris and other objectionable matter at all times. If any lot is not properly maintained as required herein, the Developer retains the right to take appropriate actions to bring the lot into conformity with the standards of the Subdivision. The offending lot owner will be required to reimburse the Developer for any incurred costs within ten (10) days from the date the owner is presented with a cost statement. If not paid on time, the sum shall be payable, together with interest at the rate of ten (10) percent per annum and any legal fees incurred by the Developer in enforcing this Paragraph.

14. DRAINAGE OF STORM WATER - GIBSON COUNTY DRAINAGE BOARD REQUIREMENTS. Water from foundation tiles and/or other surface water drainage systems shall not be drained or guided into the sanitary sewer. The down-spout drains can be drained into the street or drainage swales between lots or to the drainage swale at the rear of the lots.

Lot owners acknowledge that underground drainage tiles will be installed by Developer

and that footer drains, basement drains, and the perimeter tile on septic system field bed all may be outletted to said tiles, but no other drains or tiles may be outletted into said tiles. Among the drains that shall not be outletted to sais tiles shall be gutters and downspouts.

Water must be discharged at a level above the street to prevent erosion under the street. The existing natural and manmade drainage courses shall not be altered without the approval of the Developer, and the Gibson County Soil Conservation Office. All lot owners and/or their home builder or general contractor are responsible for achieving proper grading and slopes of their respective lots so as to achieve a positive drainage flow away from their foundations and homes and into the drainage easements or streets. A drainage swale will be required between lots, the construction of which shall be the responsibility of the lot owner and his or her home builder or general contractor. Such swale shall be constructed correctly before the landscaping of the yard is completed and must be maintained correctly thereafter by the lot owner.