WOODFIELD DOWNS HOMEOWNERS ASSOCIATION, INC.

AMENDED PROTECTIVE RESTRICTIONS/COVENANTS
LIMITATIONS AND EASEMENTS
FOR WOODFIELD DOWNS
SECTIONS I, II, AND III

9314127

All the said lots in Woodfield Downs (hereinafter sometimes referred to as "addition" or "subdivision") have been and shall be subject to and impressed with the covenants, agreements, easements, restrictions, limitations, and charges hereinafter set forth; and they shall be considered a part of the conveyance of any lot in said addition without being written therein. The provisions herein contained are for the mutual benefit and protection of the owners, present or future, of any and all said lots in said addition; and they shall run with the land and inure to the benefit of and be enforceable by Woodfield Downs Homeowners Association, Inc. and the owner, or owners, of any land or lots included in said addition, their respective legal representatives, heirs, devisees, successors, grantees and assigns. The owner, or owners, present or future, of any land or lot included in said addition shall be entitled to injunctive relief against any violation or attempted violation of the provisions hereof and also damages for any injuries resulting from any violation hereof; but there shall be no right of reversion or forfeiture of title from such violation. The restrictions and limitations imposed upon said addition are as follows:

I. DURATION, AMENDMENT, AND ENFORCEMENT.

A. DURATION. These restrictions, easements and covenants, hereinafter referred to as "restrictions," are to run with the land and be binding upon the undersigned and all legal representatives, successors in interest, grantees, heirs and assigns of the undersigned until January 1, 2000, at which time said restrictions shall be automatically extended for a successive term of ten (10) years, and similarly extended each ten (10) year period thereafter, unless prior to the end of any given term it is agreed not to extend these restrictions or any part or parts thereof by vote of eighty percent (80%) of the then owners of all lots. The owner, or owners, of each said lots numbered one (1) through one hundred thirty (130) shall be entitled to one vote per lot. Such agreements shall be recorded as provided in the next paragraph hereof.

B. AMENDMENT. These restrictions, easements and covenants may be amended or rescinded, in part or whole, by written instrument signed by the then owners of eighty percent (80%) of the one hundred thirty (130) lots of said subdivision with the owner(s) of each lot being entitled to one vote. Such instrument or instruments of amendment or recision shall be recorded in the office of the Recorder of St. Joseph County, Indiana.

C. PARTIAL INVALIDITY. Invalidation of part or parts of these restrictions by judgement or court order shall in no wise affect the remainder or any of the other provisions herein which shall remain in full force and effect.

D. ENFORCEMENT. If any person shall violate or attempt to violate any of the restrictions herein, it shall be lawful for Woodfield Downs Homeowners Association, Inc., its legal representatives, successors in interest, assigns, grantees, lot owners, holders of leasehold interests in any lot or portion thereof in Woodfield Downs to prosecute proceedings at law or in equity against the person or persons violating or attempting to violate any of these restrictions to prevent such violations, or to recover damages for such violations, or both.

II. LAND USE. DWELLING SIZE.

A. LAND USE. No lot shall be improved, used or occupied for other than private, one-family residential purposes. All residences and other structures must be approved by the Architectural Control Committee unless built by the developer whereupon such approval will be assumed. All detached buildings and structures, including swimming pools, pool houses, storage annexes and dog houses must have architectural approval by the Architectural Control Committee. Such detached structures, except swimming pools, must be of wood with wood or simulated wood exterior. The maximum size for detached structures, including storage buildings and pool houses, shall be 10' x 12', unless written exception is given by the Architectural Control Committee. Only in-ground swimming pools shall be permitted. Above ground hot tubs or spas are permitted subject to design and location approval by the Architectural Control Committee. Satellite dishes are prohibited.

B. DWELLING SIZE. No dwelling shall be permitted on any lot with living floor area of the main structure, exclusive of one-story open porches and garages, of less than the following number of square feet for the following types of dwellings:

Type of Home

Ranch Style               1,450 square feet
Two Story                 1,600 square feet
Raised Ranch (bi-level
 including both levels
 whether the lower level
 is finished or not)      2,000 square feet
Three Level               1,560 square feet

Garages. All dwellings must have a full-sized attached garage capable of storing two (2) automobiles, but not to exceed the space of three (3) automobiles.

C. CONSTRUCTION SCHEDULE AND OCCUPANCY. Building construction conforming to the restrictions herein shall be begun within one (1) year of the initial purchase of the lot. Building exteriors must be completed five (5) months after the start of construction. All buildings and accessory buildings shall be of substantial frame, brick, or stone construction and fully completed on exterior prior to any occupancy.

D. PROHIBITION AGAINST RESUBDIVISION. No lot shall be resubdivided into building lots or plots, but each shall remain devoted exclusively to the land use as assigned by the respective plat with land use terms and restrictions as defined herein. However, this restriction shall not prevent one (1) owner from acquiring title to two (2) or more lots for construction of a single residence or prevent the dividing of one (1) lot accomplished by a formal replat and the creation of two (2) lots from three (3).

E. ARCHITECTURAL, LOCATION, AND CONSTRUCTION APPROVAL. No building shall be erected, placed upon or altered on any lot until the building plans and specifications, and a plan showing the location of such structure, have been approved in writing by the Architectural Control Committee designated by the Woodfield Downs Homeowners Association, Inc. Such approval shall be required as to materials, harmony of exterior design with existing structures, location with respect to topography and finish grade elevation. Such approval shall be consistent with existing treatment of properties within the subdivision. In the event that the Architectural Control Committee fails to disapprove such design and location within thirty (30) days after said plans, and specifications have been submitted to the appointed Architectural Control Committee, formal approval will not be required and this restriction shall be deemed to have been fully complied with.

F. LOT DRIVEWAYS. All lot or parking driveways shall be constructed of hard surface concrete pavement materials for the full length and width thereof and shall be installed by the time of occupancy unless delayed by weather, in which event construction of the driveway shall be completed at builder's responsibility as soon as practical.

G. SIDEWALKS. All lots shall be furnished with a frontage four (4) foot wide sidewalk at the location designated by developer which shall be constructed to developer's specifications as part of the builders home construction costs. The frontage sidewalk shall be constructed parallel to the street for the full street frontage of the lot in question and shall be completed not later than original occupancy, unless weather does not permit sidewalk installation at that time. If sidewalk installation is delayed due to weather, such shall be constructed at the builder's responsibility when the driveway is installed or as soon thereafter as weather conditions permit.

H. LANDSCAPING. Grading and seeding for grass or sod must be completed by the time of occupancy; however, if the time of year does not permit, sodding and/or seeding must be completed as soon as practical and in no event later than June 15 following occupancy. Grading, sodding and seeding shall be completed in such manner as not to hinder drainage or the natural flow of surface water. Any drainage swales or easements for drainage, including road ditches, shall be left open and not filled as to hinder the natural flow of surface water.

III. NUISANCES, PROHIBITIONS, RESTRICTIONS.

A. NUISANCES. No noxious or offensive trade or activity shall be conducted or carried on upon any lots; nor shall anything be done thereon which may be or become a nuisance or annoyance to the neighborhood.

B. HOME OCCUPATIONS. No homesite shall be used for any purpose other than as a single-family residence, except that a home occupation, defined as follows may be permitted: Any use conducted entirely within the dwelling unit (confines of the house itself) and carried on only by a member or members of the immediate family residing in said residence, which use is clearly secondary to the use of the dwelling unit for dwelling purposes and does not change the character thereof and in connection with which there is: (a) No sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a dwelling unit; (b) No person employed other than a member of the immediate family residing on the homesite; and (c) No mechanical or electrical machinery is used, except such as is permissible for domestic or household purposes. No residential building shall be structurally altered to indicate from the exterior that the building is being utilized for any purpose other than that of a residential dwelling.

C. TEMPORARY STRUCTURES. No trailer, basement, garage, nor any structure of a temporary character shall be used at any time as a residence, either temporarily or permanently. Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreation vehicles, larger commercial trucks, and trailers, therefore, shall not be parked on any lot for longer than seventy-two (72) hours.

D. FENCES AND SIGNS. Fences must be approved by the Architectural Control Committee as to quality and kind of materials, height, location, and views. Normally, four (4) foot high fences will be the maximum. Split rail fencing or other approved fencing of a rear or side yard or a portion thereof with "invisible" mesh, vinyl coated mesh, or wood or other materials may be used if approval of the materials and design is obtained from the Architectural Control Committee. Swimming pool fences must comply with city and/or county requirements and the design, size and materials must meet the Architectural Control Committee's approval. No sign of any kind shall be displayed to public view on any residential lot or building except one sign of not more than five (5) square feet advertising the realty for sale or rent. The restriction on signs shall not apply, however, to the sign or signs designating and identifying the development known as Woodfield Downs.

IV. LOT MAINTENANCE, SANITARY, PETS, AND EASEMENTS.

A. STORAGE. No lot shall be used for storage of old lumber, boats, cars, materials, or debris which would tend to make the lot unsightly in appearance and character. All fuel tanks shall be buried or concealed.

B. RUBBISH. All incinerators, garbage cans and barrels shall be either located inside permanent structures or shall be of the "concealed type" and kept underground. No ashes or other rubbish shall be left in public view on said premises. No trash burning (other than trees or leaves by residents) will be allowed.

C. ANIMALS AND PETS. No live poultry, sheep, hogs, horses, cattle or any such farm type animals shall be quartered or housed on any realty in Woodfield Downs. However, domesticated dogs and cats or other ordinary household pets may be housed within any residence or garage provided that no pet(s) be kept, bred, or maintained for any commercial purpose. Dogs must be kept on a leash. No kennels are permitted. Dog exercise areas must be approved as stated herein.

D. EASEMENTS. There are strips of ground variable in width, as shown on the plat of Sections I, II, and III of Woodfield Downs which are marked "Easement," and which are reserved for various uses including, but not limited to, roads, sewers, mains, poles, ducts, lines and wires, overland drainage flows, et al., all of which are subject to control by the proper authorities and to the easement uses designated on the plat. No permanent structures shall be made in the grading of any lot areas used as drainage swales and initially provided which would alter the flow of the overland storm drainage runoff. Owners of lots in this subdivision, and all sections or phases thereof, take their titles subject to such easements and the rights of the public utilities present in the subdivision.

E. LOT AND BUILDING MAINTENANCE. The owners of every lot and residence shall maintain the lawn of their respective lots and their buildings so that they are attractive in appearance and character.

F. EFFECTIVE DATE. These AMENDED PROTECTIVE RESTRICTIONS/COVENANTS, LIMITATIONS AND EASEMENTS FOR WOODFIELD DOWNS, SECTIONS I, II, AND III, shall be deemed to be attached to and shall be considered a part of the Plat of Woodfield Downs, Sections I, II, III (when recorded) and shall become effective upon their recording in the office of the Recorder of St. Joseph County, Indiana.

V. WOODFIELD DOWNS HOMEOWNERS ASSOCIATION, INC.

A. HOMEOWNERS ASSOCIATION. "Woodfield Downs Homeowners Association, Inc.," an Indiana not-for-profit corporation, has been created according to law for the benefit of members. Only persons who are record owners of lots one (1) through one hundred thirty (130) of Woodfield Downs shall be entitled to membership, with the exception of the owners of Lots A, B, and C who may voluntarily, but irrevocably, assume the obligations of membership and thereby receive the privileges of membership by signing and having recorded an instrument which states that they do assume the obligations of membership. The owner(s) shall be entitled to one (1) voting membership in said association per lot. The purpose of the association shall be as set forth in its Articles of Incorporation, and shall include the right to assess lot owners for the maintenance of street lights, the entrance area at Brick Road, the drainage area attached to Lot 73, sprinkling system or systems, electricity costs, ground cover, grasses, trees or bushes; all mowing and landscaping costs; replacement costs of equipment and signs in place and expenditures for additional landscaping, signs, wells and equipment as may be needed for the Green Belt Areas; and insurance costs, and for the possible construction of a children's playground area. By way of clarification, the maintenance of the drainage area attached to Lot 73 includes the obligation of the Woodfield Downs Homeowners Association, Inc., and in the absence of such an organization made up of the owners of the said one hundred thirty (130) lots of Woodfield Downs, the one hundred thirty (130) lot owners of Woodfield Downs to pay the real estate taxes on the drainage portion of Lot 73, which drainage area serves all one hundred thirty (130) lots of the subdivision. The annual assessment for expenses to be incurred by Woodfield Downs Homeowners Association, Inc. shall be due on each January 1st following closing on particular lot/home purchases. A pro-rata payment shall be due for the balance of the year upon closing of new home purchases.

B. EASEMENTS OF ENJOYMENT. Each member of Woodfield Downs Homeowners Association, Inc. shall have a right and easement in all the sidewalks of the subdivision and outlots D and E and the drainage area of Lot 73 which rights shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions:

1. The right of Woodfield Downs Homeowners Association, Inc. to suspend the voting rights for any period during which any dues or assessment against his/her membership remains unpaid.
2. The right of Woodfield Downs Homeowners Association, Inc. to dedicate or transfer all or any part of the Green Belt Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members.

C. GREEN BELT AREAS DEFINED. The term "Green Belt Areas" shall mean all real property ultimately owned by Woodfield Downs Homeowners Association, Inc. for the common use and enjoyment of all members of said association including outlots D and E and the drainage area attached to the west of the building portion of lot 73 and located easterly of lot 66, which area shall be maintained at the cost of Woodfield Downs Homeowners Association, Inc. as provided herein. The building portion of lot 73 shall also be so maintained as part of the Green Belt Areas until sold into private ownership. The sale of lot 73 into private ownership shall not remove the drainage portion thereof from the benefits of Green Belt maintenance as provided for herein. If any other part of the Woodfield Downs Subdivision is transferred to Woodfield Downs Homeowners Association, Inc., such parcel or parcels shall also become a part of the Woodfield Downs Homeowners Association, Inc. Green Belt Area.

D. COVENANT FOR DUES. Except for realty owned by the developer, Woodfield Downs, Inc., the owners of each lot in Woodfield Downs shall be subject to an annual dues charge of One Hundred Dollars ($100.00) per lot, to be paid to Woodfield Downs Homeowners Association, Inc., payable January 1st of each year until by proper procedures said sum shall be increased, reduced, or abolished. Said fund is to be used for such purposes as the association may approve. Where closings take place in mid-year, the dues charged shall be pro-rated for that current year to the day of closing and shall be due at closing. Such dues shall become a lien on each realty interest as to which said dues remain unpaid for a period of more than thirty (30) days inferior only to bona fide mortgages thereon, and enforceable in the same manner as provided for in the Mechanics Lien statute. After said thirty (30) day period, interest at twelve percent (12%) shall be due on the unpaid amount from the due date. Additionally, and not in lieu thereof, members not current in the payment of dues may be precluded from their vote and the use and enjoyment of Green Belt Areas located therein until such time as their dues charges are made current, subject also to such further provisions as may be contained in the By Laws of Woodfield Downs Homeowners Association, Inc. The Board of Directors of Woodfield Downs Homeowners Association, Inc. may change the annual dues provided that such may not be increased each year more than fifteen percent (15%) above the previous year without a majority affirmative vote of a quorum of the Woodfield Downs Homeowners Association, Inc. membership first had and obtained.

E. MEMBERSHIP REQUIRED. By the act of acceptance of a Warranty Deed, or other property interest, the recipient thereof thereby becomes an accepted member in Woodfield Downs Homeowners Association, Inc., a community association formed under the Indiana Not-For-Profit Corporation Act of 1971 and amendments thereto and revisions thereof composed of all persons similarly situated in Woodfield Downs and agrees to maintain membership therein and abide by all rules and regulations of said association, including but not limited to payment of dues by said association.

F. SUBORDINATION OF DUES TO LIEN OF MORTGAGES. The lien of dues provided for herein shall be subordinated to the lien of any bona fide first mortgages. Sales or transfer of any property interest shall not affect the dues lien, which is enforceable in the same manner as provided in the statute for enforcement of a Mechanic's Lien. However, the sale or transfer of any property interest pursuant to mortgage foreclosure or any proceedings in lieu thereof shall extinguish the lien of such dues as to payments which became prior to such sale or transfer. No other sale or transfer shall relieve such property interest from liability for any assessments of dues thereafter becoming due or from the lien of dues which are due or owing prior thereto.

VI. INTERPRETATION.

The words of this instrument appearing in brackets, not to be construed as parenthesis, are for identification purposes only and are not a part of this instrument.

VII. EFFECTIVE DATE AND AMENDED RESTRICTIONS.

A. EFFECTIVE DATE. These Amended Protective Restrictions/Covenants, Limitations and Easements shall be deemed to be attached to and shall be considered a part of the Plat(s) of Woodfield Downs, Sections 1, II and III shall become effective upon their recording in the Office of the Recorder of St. Joseph County, Indiana.

B. AMENDED RESTRICTIONS. These Amended Protective Restrictions/Covenants, Limitations and Easements for Woodfield Downs, Sections I, II and III, as herein amended are unilaterally amended by Woodfield Downs Homeowners Association, Inc. in accordance with Paragraph I B of the recorded restrictions for Sections I, II, and III, Woodfield Downs.

IN WITNESS WHEREOF, Woodfield Downs Homeowners Association, Inc., an Indiana not-for-profit corporation, does hereby execute and make effective the aforementioned Amended Protective Restrictions/Covenants, Limitations and Easements for Woodfield Downs, Harris Township, St. Joseph County, Indiana, as of the date of their recording in the Office of the Recorder of St. Joseph County, Indiana.

Woodfield Downs Homeowners Association, Inc.
an Indiana Not-For-Profit Corporation

By: Thomas R. Leach, President

This instrument prepared by:
Sharon I. Busenbark

ST. JOSEPH CO. RECORDER
FILE NO 9314127
MARIANNE BEACH
RECORDER
Apr 29 9 27 AM '93
ST. JOSEPH CO.
INDIANA
FILED FOR RECORD