Declaration of Restrictions

THIS DECLARATION, made the 16th day of August, 1999, by the Waterford LLC, a Missouri limited liability company, hereinafter called "Developer”:

WITNESSETH:
WHEREAS, Developer, as the present owner and developer of the above-described lots, desires to place certain restrictions on such lots to preserve and enhance the value, desirability and attractiveness of the development and improvements constructed thereon and to keep the use thereof consistent with the intent of the Developer, all of which restrictions shall be for the use and benefit of the Developer and its future grantees, successors and assigns;

NOW THEREFORE, in consideration of the premises contained herein, Developer, for itself and for its successors and assigns, of the above-described lots shall be, and they hereby are restricted as to their use and otherwise in the manner hereinafter set forth.

DECLARATION OF RESTRICTIONS

NOW, THEREFORE, the Association hereby declares that the real property described on the attached Exhibit "A" is hereby made subject to the provisions of this Declaration of Restrictions, and said property is and shall be held, transferred, sold, conveyed, encumbered, built upon and occupied subject to the covenants, conditions and restrictions hereinafter set forth, which shall run with the land and be binding upon all present and future owners of said real property, and on those who claim any interest by or through said owners.

1. Definitions. For purposes of this Declaration, the following definitions shall apply.
(a) "Approving Party” shall mean (i) prior to the recording of the Certificate of Substantial Completion, the Developer (or its designees from time to time) and (ii) subsequent to the recording of the Certificate of Substantial Completion, the Homes Association.
(b) "Architectural Committee,” shall mean (i) prior to the recording of the Certificate of Substantial Completion, the Developer (or its designees from time to time) and (ii) on and after the recording of the Certificate of Substantial Completion, a committee comprised of members of the Homes Association who shall be appointed by the Board.
(c) "Board” shall mean the Board of Directors of the Homes Association.
(d) "Certificate of Substantial Completion” shall mean a certificate executed, acknowledged and recorded by the Developer stating that all, or at the Developers discretion, substantially all, of the Lots in the district (as then composed or contemplated by the Developer) have been sold by the Developer and the residences to be construction thereon are substantially completed.
(e) "Common Area” shall mean (i) street right-of-ways, (ii) streets and street islands, (iii) gateways, entrances, monuments, berms and other ornamental areas related utilities, street lights, sprinkler systems, lake, body of water, fountain, and landscaping constructed or installed by or for the Developer at or near the entrance of any street or along any street, and any easements related thereto, and (iv) all other areas and places, together with all improvements thereon and thereto, which are intended for the use, benefit or enjoyment of all of the Owners within the District, whether or not any "Common Area” is located on any Lot, all as shown on the recorded plat of the District.
(f) "Developer” shall mean and refer to the Waterford LLC, a MO limited liability company, and their successors and assigns.
(g) "District” shall mean all of the above-described lots in Waterford, all Common Areas, and all additional property which hereafter may be made subject hereto in the manner provided herein.
(h) "Exterior Structure” shall mean any structure or other improvement erected or maintain on a Lot other than the main residential structure or any structural component thereof, and shall include, without limitation, any deck, gazebo, greenhouse, outbuilding, fence, patio     wall, privacy screen, swimming pool, hot tub, basketball goal other recreational or play structure.
(i) "Homes Association” shall mean the Missouri not-for-profit corporation to be formed by the Developer for the purpose of serving as the homes association for the district.
(j) "Lot” shall mean any lot shown as a separate lot on any recorded plat of all or part of the District.
(k) "Owner” shall mean the record owner in the fee sample of any Lot, including the Developer, and for purposes of all obligations of the Owner hereunder, shall include, where appropriate, all family members, tenants of such Owner and all of their guest and invitees.
(i) "Street” or "street” shall mean any public street, road terrace, circle, boulevard or cul-de-sac shown on any recorded plat of all or part of the District.

2. Use of Land. None of the Lots may be improved, used or occupied for other than single-family private residential purposes, and no duplex, flat, boarding house, rooming house, apartment house or other multi-family or multi-residential structure, or any non-residential structure, or other improvement (except Exterior Structures approved by the Architectural Committee), may be erected thereon. No more than one single-family residence shall be located on any Lot. All residences in the District shall be of new construction on-site; no residential building which has previously been at another location shall be moved onto any Lot, and no "prefabricated," "modular” or "manufactured” or otherwise pre-assembled or pre-constructed homes or structures or any nature or kind whatsoever (except Exterior Structures approved by the Architectural committee) shall be permitted. No camper, trailer, mobile home, vehicle, tent, outbuilding, Exterior Structure, or other apparatus or structure whatsoever except the permanent residence shall at any time be used for human habitation, temporarily or permanently, nor shall any residence or other structure or improvement of a temporary character be erected, moved onto or maintained upon any of such Lots or Common Areas.

Nothing herein shall prevent the Developer or others (including, without limitation, builders and real estate agencies) authorized by the Developer from using temporary buildings or structures or any residence for model, office, sales, or storage purposes prior to the recording of the Certificate of Substantial Completion.

3. Building Material Requirements. Exterior wall of all residences and all appurtenances thereto shall be of stucco, stucco board (provided however no exterior insulated finish system, also known as EIFS shall be allowed) brick, stone, wood shingles, wood siding, batt siding, wood paneling, plate glass, masonite, permenant siding, glass blocks or any combination thereof, or such other materials as may be approved by the Architectural Committee in writing. All windows shall be constructed of glass, wood, metal clad and wood laminate, or any combination thereof; provided, however, that storm windows may be constructed of colored metal (other than silver). All exterior doors shall be constructed of wood, metal clad and wood laminate, colored metal (other than silver) and glass, or any combination thereof. Roofs shall be covered with an architectural fiberglass or asphalt shingle, or better quality material. Any building products that may be or come into style in the area shall be acceptable if approved in writing by the Architectural Committee. All wood exteriors, except roofs, and shake sidewalls, shall be covered with a workmanlike finish of two (2) coats of high quality paint or stain. No building or Exterior Structure shall be permitted to stand with its exterior in any unfinished condition for longer than three (3) months after commencement of construction. Brick ledge must be 12” below final grade. Exposed foundation areas shall not have more than 10” of foundation exposure above finished grade.

4. Minimum Floor Area. The Architectural Committee in its discretion will evaluate on a case by case basis the square footage of residences to maintain the integrity of the Waterford subdivision.

5. Approval of Plans and Post-Construction Changes.
(a) Notwithstanding compliance with the provisions of Sections 2, 3, and 4 above, no residence or Exterior Structure may be erected upon any Lot unless and until the building plans, specifications, materials, location, elevations, lot grading plans, general landscaping plans, and exterior color scheme have been submitted to and approved in writing by the Architectural Committee. No change or alteration in or deviation from the approved building plans, specifications, material, location, elevations. Landscaping plans or exterior color scheme shall be made until such change, alteration or deviation has been submitted to and approved in writing by the Architectural Committee.
(b) Following the completion of construction of any residence or Exterior Structure, no exterior colors or general landscaping or grading shall be changed and no exterior additions or alterations shall be made unless and until the changes have been submitted to and approved in writing by the Architectural Committee. All replacements of all or any portions of a structure because of age, casualty loss or other reason, including without limitation, roofs and siding, shall be of the same materials, location and elevation as the original structure unless the changes have been submitted and approved in writing by the Architectural Committee.

6. Set Backs. No residence or Exterior Structure shall be located closer to any street than the building setback lines, if any, shown on the plat; provided however, that the Architectural committee, in its discretion, may waive or alter any such building setback lines to the extent that they are greater than the minimum setbacks, if any required by applicable zoning. The Architectural Committee may, at its discretion, impose additional rear setback requirements on Lots that are adjacent to any or all Common Areas, such as but not limited to, lakes.

7. Commencement and Completion of Construction. Unless the following time periods are expressly extended by the Developer in writing, construction of the residence on a Lot shall be commenced within 12 months following the date of delivery of a deed from the Developer to the purchaser of such Lot and shall be completed within six (6) after such commencement. In the event such construction is not commenced within such six (6) month period (or extention thereof), the Developer shall have, prior to the commencement of construction, the right to repurchase such Lot from such purchaser at its original sale price. No Owner shall be entitled to reimbursement for taxes, interest, assessments or other expenses paid or incurred by or for such Owner.

8. Exterior Structures.
(a) No Exterior Structure shall be erected upon, moved unto or maintained upon any Lot except
(i) with and pursuant to the advance written approval of the Architectural Committee as to the plans, specifications, materials, location, elevations, landscaping plans and color scheme, and
(ii) in compliance with the additional specific restrictions set forth in subsection (b) below or elsewhere in this Declaration.
(b) (i) All fences, walls and privacy screens (other than any installed by the Developer) shall be consistent with standard designs, heights and material to be selected by the Architectural Committee. The Architectural Committee may, at its discretion, impose a four (4) foot maximum fence height for any Lot adjacent to Common Areas including but not limited to the lakes. All fences, walls and privacy screens shall be constructed with the finished side out. Except as provided in paragraph (v) below, no metal (other than wrought iron or other ornamental), chain link or similar fence, wall or privacy screen shall be permitted.
(ii) Basketball goals, portable in nature shall be allowed only while they are in use and must     be stowed in a concealed area when not in use.
(iii) Except as specifically authorized by the Architectural Committee, all recreation or play     structures (excluding temporary basketball goals) shall be located behind the line consisting of the back-most wall of the residence extended to the side Lot lines (the "rear line”).
(iv) No outside doghouses, other animal shelters or runs shall be located on any Lot in Waterford subdivision unless it is screened from view from all Common Areas or street(s) by a privacy screen, wall or fence.
(v) No Exterior Structure that is prohibited under section 9 below shall be permitted under this Section 8.

9. Building or Uses Other Than for Residential Purposes;Noxious Activities; Miscellaneous.
(a) Except as otherwise provided in Section 2 above and in this Section 9(a), no Lot shall ever be used, and no residence or Exterior Structure or other improvement shall ever be placed, erected or used, for business, professional, trade or commercial purposes on any Lot. Home offices for the use of occupants of the residence on a Lot shall be permitted, provided that such use is not discernible from outside the residence and that public, customers, clients, patients or other business invitees or guests are no received there for business or commercial purposes other than on an incidental basis in connection with social functions, and provided that the occupants do not have any employees who come to the residence.
(b) No noxious or offensive activity shall be carried on with respect to any Lot, nor shall any trash, ashes or other refuse be thrown, placed or dumped upon any Lot or Common Area, nor shall anything be done which may be or become an annoyance or a nuisance to the neighborhood. Each Owner shall properly maintain his Lot in a neat, clean and orderly fashion. All residences and Exterior Structures shall be kept and maintained in good condition and repair at all times.
(c) No truck (except standard ½ ton or smaller non-commercial pickup trucks) or commercial vehicle shall be parked, left or stored on any Lot or street for more than an eight-    hour period. No vehicle in inoperable condition or trailer, mobile home, bus, van, camper, recreational vehicle, boat, boat trailer or other mobile apparatus of any nature or kind whatsoever (other than personal automobiles and stored on any Lot or street for more than a 24-hour period except in an enclosed garage. Motorized vehicles shall not be operated on any Common Area, other than in the street.
(d) No radio, citizens' band, short wave or other antenna, solar panel, clothes line or pole, or other unsightly projection shall be attached to the exterior of any residence or erected on any Lot. No lights or other illumination shall be higher than the eaves of the residence. Notwithstanding the foregoing, a television antenna which does not exceed six (6) feet in height above the ridgge of the house on which it is erected, or a satellite dish which does not exceed twenty-four (24) inches, unless the Architectural Committee gives written permission for erection of a larger dish. Any approved antenna or dish shall be installed at the rear of a home.
(e) All garage doors shall remain closed at all times except when necessary for entry or exit.
(f) No garage sales, sample sales or similar activities shall be held within the District without the written consent from the Approving Party. The Approving Party shall have the right to make, alter and revoke reasonable rules regarding such activities, and any such rules shall be binding upon all Lots and Owners.
(g) Mailboxes and house numbers must be in accord with the standard Waterford specifications set by the Architectural Committee.
(h) No speaker, horn, whistle, siren, bell or other sound device, except intercoms not audible beyond the Lot lines and devices used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any residence or in any yard.
(i) All residential services utilities shall be underground.
(j) Selected Lots will require sidewalks. Said sidewalks must be constructed in accordance with the development specifications as determined by the Architectural Committee. Sidewalks must be constructed no later than the time of construction of the residence on any Lot requiring a sidewalk. The Owner/Builder of the Lot will be required to pay for the construction of said sidewalks.
(k) In the event of vandalism, fire, windstorm or other damage, to a residence or Exterior Structure, the owner shall commence repair or rebuilding within sixty (60) days of the occurrence, and complete such work within six (6) months.
(l)Exterior Structures including storage buildings, greenhouses, etc. shall be allowed     provided they are located in the rear yard of a Lot and Owner has obtained written approval from the Architectural Committee prior to placement of or construction of the structure on the Lot. The Architectural Committee may impose size limitations to exterior structures as necessary to maintain the integrity of the Waterford subdivision. The Architectural Committee may at its discretion, require fencing prior to approval of any exterior structure.
(m) No Fuel storage tanks of any kind, above or below ground shall be permitted.
(n) No Lot or combination of Lots shall be resubdivided or replatted. No Lot shall be sold or conveyed except as whose as described on the recorded plat of the District, except as my be otherwise approved in writing by the Approval Party.

10. Animals. No livestock, poultry or other animals of any kind shall be raised, bred, or kept on any Lot except dogs, cats and other common household pets may be kept so long as they are not kept, bred or maintained for commercial purposes and do not constitute a nuisance to the neighbors or neighborhood. Pets housed outdoors must be enclosed in the back yard behind a fence and must be accompanied by their Owner when not enclosed in their back yard.
 
11. Landscaping and Lawns. Upon substantial completion of a residence, the front and side yards shall be covered with either fescue or bluegrass sod or hydraseed. A landscape plan including two eight to ten foot trees must be submitted to the Architectural Committee for approval along with the building plans. Landscaping must be complete prior to occupancy of a  residence unless, due to weather, the Architectural Committee grants an extension in writing. All vegetable gardens shall border the rear boundary, and those located on the corner lots shall border the rear boundary and be no closer to the street than 45 feet. No vegetable garden shall exceed 100 square feet in size unless is enclosed by a privacy fence. The Owner of each Lot shall keep the lawn neat, clean and uniformly mowed and clipped to a reasonable and attractive height and shall properly maintain and replace all trees and landscaping.

12. Easements for Public Utilities; Drainage; Maintenance. The Developer shall have, and does hereby reserve, the right to locate, erect, construct, maintain and use, or authorize the location, erections, construction, maintenance and use of, drains, pipe-lines, sanitary and storm sewers, gas and water mains and lines, electric, telephone and cable television lines and other utilities, and to give or grant rights-of-way or easements therfor, over, under, upon and through all easements, rights-of-way and Common Areas shown on the recorded plat of the District. All utility easements and rights-of-way shall insure to the benefit of all utility companies for purposes of installing, maintaining or moving any utility lines or services and shall insure to the benefit of the Developer, all Owners in the District and the Homes Association as a cross easement for utility line or service maintenance.

The Developer shall have and does hereby reserve for itself, its successors and assigns and the Homes Association and maintaining Common Areas.

13. Common Areas.
(a) The Developer and its successors, assigns and grantees, the Owners of Lots in the District and the Homes Association shall have the right and easement of enjoyment in and to all of the Common Areas, but only for the intended use or uses thereof. Such right and easement in favor of the Owners shall be appurtenant to, and shall automatically pass with, the title to each Lot. All such rights and easements shall be subject to the rights (including ownership) of any governmental authority or any utility therein or thereto.
(b) The Developer covenants and agrees to convey all of its right, title, and interest in the Common Areas (except any part thereof that is within any Lot or outside of the District) to the Homes Association, without any cost to the Homes Association, not later than one month     after the Developer has recorded the Certificate of Substantial Completion. The Homes     Association shall at all times be responsible for the proper maintenance of all Common     Areas, except any part thereof that is within any Lot and has not been landscaped or otherwise improved by the Developer of the Homes Association.
(c) The right and easement and enjoyment of the Owners in the District as to any Comon     Area shall be subject to the right of the Developer to convey sewage, water, drainage,     maintenance and utility easements over, under, upon and through such Common Areas, as provided in Section 12 above.
(d) No Owner shall improve, destroy or otherwise alter any Common Area without the express written consent of the Approving Party.
(e) The Approving Party shall have the right from time to time to make, alter and revoke additional rules, regulations and restrictions pertaining to the use of any Common Areas.

14. Architectural Committee. The Architectural Committee (or the Developer before the recordation of the Certificate of Substantial Completion) shall have the right to establish reasonable Home Owner Association dues based on the estimated or actual expenses incurred. The Developer hereby sets the initial annual dues at Two-Hundred Dollars ($200.00) per Lot, payable January 1 each year prorated on the first year. The Developer may increase or decrease the amount of the dues at any time, provided that such fees shall not exceed Two-Hundred-Fifty Dollars ($250.00) per year so long as the Developer is in control of making such a decision. Such costs shall be assessed against and paid by the purchaser of any lot at closing. Upon establishment of the Architectural Control Board, the annual dues may be increased or decreased as needed, and may if necessary, exceed the $250.00 limit of the Developer.

The Architectural Control Board shall meet as needed to consider applications with respect to any matters that require the approval of the Architectural Committee as provided herein. A majority of the members of the Architectural Committee shall constitute a quorum for the transaction of business at a meeting. Every act or decision made by a majority of the members present at a meeting at which a quorum is present shall be regarded as the act or decision of the Architectural Committee, and no act or decision made at any other time or in any other manner by the Architectural Committee or any member or members thereof shall be valid or binding or constitutes a waiver of any provision of this Declaration. In making its decisions, the Architectural Committee may consider any and all aspects and factors that the committee members, in their reasonable discretion, determine to be appropriate to establish and maintain the quality, character and aesthetics of the District, including but not limited to the consistency harmony of the proposed work and improvements with the Developer's overall plans for the District and existing improvements in and the general appearance of the District, the potential impact on property values within the District and compliance with the specific requirements of this Declaration. All decisions of the Architectural Committee shall be in writing and delivered to the applicant.

15. No Liability for Approval or Disapproval. Neither the Developer, nor the Homes Association, nor any member of the Architectural Committee or the Board shall be personally liable to any person for any discretionary or other approval, disapproval or failure to approve any regulations, restrictions or guidelines or for the enforcement or revocation of any rules, regulations, restrictions or guidelines or for the enforcement of or failure to enforce any of the restrictions contained in this Declaration or any of such rules, regulations, restrictions or guidelines.

16. Covenants Running with Land; Enforcement. The agreements, restrictions and reservations herein set forth are, and shall be, covenants running with the land into whosoever hands any of the property in the District shall come, for the benefit of all the land in the District. The Developer, and its successor, assigns and grantees, and all parties claiming by, through, or under them, shall conform to and observe such agreements, restrictions and reservations; provided however that no person shall be obligated to enforce any such agreements, restrictions and reservations. No agreement, restriction, or reservation herein set forth shall be personally binding upon any Owner except with respect to breaches thereof committed during such Owner's residence on a Lot; provided, however that the immediate grantee from the builder of the residence on a  Lot shall be personally responsible for breaches committed during such builder's ownership of such Lot.
The Developer, its successors and assigns, the Owner of any of the Lots and the Homes Association, shall have the right (but not the obligation) to sue for and obtain an injunction, prohibitive or manditory, to prevent the breach of or to enforce the observance of the agreements, restrictions and reservations herein set forth, in addition to any action at law for damages. The Owner in breach shall pay the reasonable attorney fees and costs of the party enforcing the agreements, reservations and restrictions set forth herein. Such enforcers may, but are not required, to give written notice of a breach, along with a grace period to correct such breach. Legal action may, however, be initiated without the optional notice specified herein being given to the Owner. The failure to enforce any of he agreements, restrictions or reservations herein set forth at a time of its violation, shall in no event be deemed to be a waiver of the right to do so thereafter.

17. Assignment of Developer's Rights. The Developer shall have the right and authority form time to time, by appropriate agreement made expressly for that purpose and recorded in the office of the Recorder of Deeds of Christian, County, Missouri, to assign, convey, transfer and set over to any person or entity all or any part of the rights, benefits, powers, reservations, privileges, duties and responsibilities herein reserved by or granted to the Developer hereunder with respect to the assigned rights, benefits, powers reservations, privileges, duties and responsibilites. Such assignee and its successors and assigns shall have the right and authority to further assign, convey transfer and set over the rights, benefits, posers, reservations, privileges, duties and responsibilities hereunder.

18. Duration, Release and Modification of Restrictions. The provisions of this Declaration shall remain in full force and effect for a period of twenty-five (25) years from the date hereof, and shall automatically be continued for thereafter for successive periods of Ten (10) years each; provided, however, that the then Owners of percent (60%) of the Lots may release the District from all or part of such provisions at the expiration of the initial period or at the expiration of any extension period by executing (in one or more counterparts), acknowledging and recording an appropriate agreement in writing for such purpose, at lease 30 days prior to the original expiration date or to a subsequent expiration date, whichever is applicable. The provisions of the Declaration may be amended, modified, or supplemented, in whole or part, at any time by a duly acknowledged and recorded written agreement (in one or more counterparts), signed by both (a) the Owners (excluding therein the Developer if it is then and Owner) of percent (60%) of the Lots (excluding those owned by the Developer) within the District as the constituted and (b) the Developer if it is then an Owner.

19. Extension of District. The Developer shall have, and expressly reserves, the right, from time to time, to add to the existing District and to the operation of the provisions of this Declaration such other adjacent (without reference to any street or right-of-way) lands as it may now own or hereafter acquire by executing, acknowledging and recording an appropriate written declaration or agreement subjecting such land to all of the provisions hereof; provided, however, that such declaration or agreement may contain such deletions, addition and modification of the provisions of the Declarations applicable solely to such additional property as may be necessary or desirable as solely determined by the Developer in good faith.

20. Severability. Invalidation of ay of the provisions set forth herein, or any part thereof, by an order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other provisions, or any part thereof, but they shall remain in full force and effect

IN WITNESS WHEREOF, the Developer has caused this Declaration to be duly executed the day and year first above written above.

Waterford , LLC a MO limited liability company, ("Developer”)

By: ____________________________

Name: _Greg Matlock, Managing Member_

STATE OF MISSOURI    )
                                         )    ss
COUNTY OF Greene      )

On this 16_ day of __August____, 1999, before me personally appeared Greg Matlock, Managing Member of Waterford, LLC, to me personally known, who being by me duly sworn did say that he is the managing member of Waterford, LLC, and acknowledged that he executed the same as their free act and deed and as the free act and deed said limited liability company.

In Testimony Whereof, I have set my hand and affixed my official seal at my office in Springfield the day and year first above written.

_______________________________
Notary Public

Name: ___Erin L. Williams_________