Plat 9

DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR NORTH LAKE
SHORE SUBDIVISION, NINTH ADDITION

WHEREAS, Bank One Trust Company, NA, formerly known as Bank One, Springfield, and as Marine Bank of Springfield as Trustee under a Trust agreement dated November l, 1988, known as Trust No. 53-1503-7 (hereinafter referred to as "Developer"), is the owner of all of Lots 1 through 14 in North Lake Shore Subdivision, Ninth Addition, a subdivision of the following described property, (SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION); and

WHEREAS, it is desirable to secure the best use and Improvements of the lots therein, and to protect the owners of such lots against such use of other lots therein as would depreciate the value of such property, and to prevent the erection of poorly designed or constructed buildings, and to make the best use of and preserve the natural beauty of said property and to locate the buildings thereon with regard to topographic features; and

WHEREAS, the Developer desires to create a finer quality residential subdivision having a standard architectural harmony, achieved through consistency of features such as color, texture, material type or exterior style, placement of landscape flora and the preservation of certain existing wooded areas in their natural state, and through relative consistency of design; and

WHEREAS, to secure such objectives, said Developer desires to subject the lots in said subdivision to the following restrictions and covenants, including but not limited to methods of construction and maintenance as will secure a continuous standard for the proper development of said subdivision.

NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the aforesaid Bank One Trust Company, NA as trustee under Trust dated November l, 1988, known as Trust No. 53-1503-7, hereby declares that all lots in North Lake Shore Subdivision, Ninth Addition, shall be sold, transferred and conveyed subject to the following covenants and restrictions:

1. USE RESTRICTIONS

The term "Building Site" as used in this Declaration shall mean any lot of record or portion thereof under a single ownership whether, owned by a trust, a partnership, a corporation, an individual individuals, including ownership in tenancy in common, joint tenancy and tenancy by the entirety, intended for use as or used as the site and location of a single family dwelling.

Developer hereby creates an ARCHITECTURAL CONTROL COMMITTEE, composed of William Furling and William Furling, III. In the event of the death or resignation of any member of said Committee, the remaining members shall appoint a member to fill the vacancy. The Architectural Control Committee shall have the right to prevent the clearing of a lot and subsequent excavation and grading prior to construction of the main residence upon such a lot according to the following:

Prior to the construction of the main residence, a building site owner is required to seek approval of building plans through the Architectural Control Committee. The Committee shall consider quality of workmanship and materials, external design, location with respect to topography and finished grades, elevations and building lines, location of driveways and walkways and the preservation of certain existing trees and wooded areas. To comply with this requirement, each building site owner, prior to any construction on the building site, shall first submit a preliminary plan to the Architectural Control Committee stating in general the type, style, size and general design of the residence to be constructed, along with its location on the building site and the name of the building site owner's designated General Contractor.

After approval in writing of the preliminary plan by the Architectural Control Committee, the building site owner shall then submit two (2) sets of the actual plans and specifications of the improvement to be constructed. Such plans and specifications shall include the floor plan, exterior color schemes, and materials, elevations and actual plat plan showing distances from easements and lot lines and the location of the finished grade height of the first floor. The building site owner agrees that he/she will not obtain a building permit until the Architectural Control Committee has approved the final plans. If no objections to the plans are raised by the Architectural Control Committee within seven (7) days of submission of the final plans to said Committee, the plans shall be deemed to have been approved by said Architectural Control Committee.

The following minimum requirements shall apply to all residential improvements within this subdivision:

A. Minimum floor area of a single level dwelling unit shall be 1,900 square feet, except Lots one (1) thru ten (10) will be approved on an individual lot and plan basis.
B. The minimum floor area of a two level dwelling unit shall be 2,400 square feet, except Lots one (1) thru ten (10) will be approved on an individual lot and plan basis.
C. The minimum side yard dimension shall be those set forth in applicable zoning ordinances and as established on each individual site by the Architectural Control Committee, which shall have the authority to require site plans requiring side yards not to exceed twenty (20) feet total between two adjacent dwelling units.
D. Each single family dwelling shall have an attached garage suitable for the storage of at least two vehicles.
E. The roof shall have a minimum slope of five (5) vertical feet for each twelve (12) horizontal feet.
F. No tree larger than 1 1/2" in diameter shall be cut or removed unless written permission is received from the Architectural Control Committee.

The foregoing requirements shall be in addition to any other requirements set forth elsewhere herein. The Architectural Control Committee, at its option, may delegate the duties specified herein to the North Lake Shore Homeowner's Association. In any event, the duties of the Architectural Control Committee shall become the responsibility of the North Lake Shore Homeowner's Association no later than the first day of January, 2004.

The duties of the Homeowner's Association as set forth herein shall also include the duties to review and approve additions and exterior modifications to any structure previously approved by the Architectural Control Committee or Homeowner's Association acting as the Architectural Control Committee.

2. RIGHTS OF WAY AND EASEMENTS

Rights of way and easements for installation and maintenance of utilities, water retention facilities, drainage facilities and boulevards are reserved as shown on the recorded plat. Within these easements, no structure, fence, planting or other material, shall be placed or permitted to remain which may damage or impair the function or interfere with the installation and maintenance of utilities, or easements. Any improvements so located shall be removed upon the request of the Developer, its successors or assigns, or any public utility using said areas, at the expense of the owner of said building site or tract. The easement area of each building site and all improvements in it shall be maintained continuously by the owner of the building site, except those improvements for which a public utility or authority is obligated to maintain.

Lot owners and building site owners are prohibited from altering, restructuring or redesigning drainage easement areas, except where grading or restructuring is necessary in connection with construction of improvements on the building site. Any such grading or restructuring shall not alter or impair the drainage easements and where regrading and restructuring is necessary it shall not be done without prior approval of the Architectural Control Committee, and the lot owner or building site owner shall replant all easement areas to restore grass and vegetation removed during regrading or restructuring. Lot owners are responsible for the final grading of the lot. Final grading shall provide for proper drainage of surface water from their lot and other lots of higher elevation. Construction plans for each plat provide elevations for drainage of surface and it is the lot owner's responsibility to maintain the proper grade so as not to disturb said drainage. If in the event that the lot owner does not grade their building site in a manner which allows for proper drainage of adjoining properties the Homeowners Association or Developer may grade as necessary to provide for proper drainage at the lot owners expense. Lot owners are prohibited from grading on adjacent undeveloped lots for any reason without prior written consent of the Developer. If a lot owner or his contractor grades onto an adjacent undeveloped lot the Homeowners association or Developer may grade as necessary to correct any conditions at the lot owners expense.

3. HOMEOWNERS' ASSOCIATION

Every person or entity who is the record owner of a fee or undivided fee interest in any building site that is subject to this Declaration shall be deemed to have membership in the North Lake Shore Homeowners' Association. The foregoing is not intended to include person who holds 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 building site. In the event of multiple owners of a building site, vote and rights of use and enjoyment shall be as provided herein. Membership shall be appurtenant to and may not be separated from ownership of any building site. Ownership of a building site 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 the member's spouse, but in no event shall more than one vote be cast nor office held for each building site.

The Developer has incorporate the North Lake Shore Homeowners' Association and has, execute and file Articles of Incorporation and By-Laws for the Homeowners' Association consistent with the terms and conditions of this Declaration.

Membership in the North Lake Shore Homeowners Association shall become automatically effective upon the sale of the last lot or building site in North Lake Shore subdivision, Second Addition, or at such earlier time as the Developer shall elect, at Developer's sole option. The Developer reserves the right to add building sites and memberships located in additional contiguous property to membership in the North Lake Shore Homeowners Association as additional plats, if any, are added to North Lake Shore Subdivision. Any such new members shall be subject to the same rights and obligations with respect to membership in the Homeowners Association as all current members at the time any such addition is made.

Except as specifically provided, otherwise herein, each owner of a building site shall be liable for his proportionate share of the cost (based upon the percentage of all lots owned by an owner as to the total number of lots then subject to the provisions of this Declaration) for the proper maintenance of water retention facilities, drainage facilities and boulevards within the entire North Lake Shore Subdivision, which water retention facilities, drainage facilities and boulevards are described below and which may be added to from time to time to include additional water retention facilities, drainage facilities and boulevards upon completion and inclusion of additional plats in the subdivision under these or subsequent protective covenants. Costs and fees shall be assessed by the Developer or Homeowners' Association based upon actual or reasonable projected costs for maintenance of the water retention facilities, drainage facilities and boulevards and payment thereof shall be mandatory. Any maintenance fee assessed by Developer or by the Homeowners' Association and not paid within thirty (30) days of its assessment shall constitute a lien upon the property of the delinquent owner which lien shall be subject to enforcement of foreclosure in accordance with the provisions of Illinois law. Developer agrees that for one (1) year from the date of the recording of this instrument it will maintain the easement areas in North Lake Shore Subdivision, Ninth Addition. After one (1) year, the maintenance of the easement areas shall be performed by the Homeowners' Association.

Owners of individual building sites or portions thereof shall mow, landscape or otherwise maintain the surface of utility easements located upon their property. Any utility easements not located upon the property of an individual building site owner shall be mowed, landscaped and maintained by the Developer or, after one (1) year from the date of recording of this instrument, by the Homeowners' Association.

The easement areas to be maintained by the Developer or the Homeowners Association referred to above are as follows:

A. The entrance areas of North Lake Shore Subdivision, including the center isle and the planting areas on any of the entrances.
B. Water retention facilities where constructed.
C. Boulevards where constructed.
D. Utility easements not located upon any individual building site or privately owned parcels.

After twelve (12) months from the date of completion of construction of water retention facilities, or upon incorporation, whichever shall later occur, the Homeowners' Association shall have the obligation to maintain all water retention facilities, drainage facilities and boulevards in accord with the requirements of applicable ordinances of the City of Springfield, Illinois.

The Developer shall not be required to construct any water retention facilities upon property located within the North Lake Shore Subdivision, Ninth Addition, or any Plat of North Lake Shore Subdivision subsequently included under this declaration unless such water retention facilities are required by the City of Springfield at the time of Plat approval. If water retention facilities are required by the City of Springfield or any other entity subsequent to plat approval, the responsibility for construction and payment therefor shall be at the sole expense of the Homeowners' Association.

4. ASSOCIATION BOARD; POWERS AND DUTIES

The directors named in the Homeowners' Association's Articles of Incorporation constitute the Association's first Board which shall hold office and which shall hold and exercise all of the rights, duties, powers and functions of the Board set forth in this Declaration, and the By-Laws, until the first election of Directors by the members of the Association at the first annual membership meeting.

The Board shall have all powers for the conduct of the affairs of the Association as provided by this Declaration, by applicable law, and by the Articles of Incorporation and By-Laws of the Association, which are not specifically reserved to the members or Developer herein. Without limitation thereon, the Board shall have the power and obligation to perform the following duties:

A. Real and Personal Property. To acquire, own, hold, improve, maintain, manage, lease, insure, pledge, convey, transfer or dedicate real or personal property for the benefit of the Members in connection with the affairs of the Association, except the acquisition, mortgaging or disposal of common areas and/or improvements shall be subject to the conditions and limitations provided herein; and
B. Rule Making. To establish, modify and enforce rules and regulations for the use of the properties as provided herein, and to review, modify and approve standards as recommended by the Architectural Control Committee; and
C. Assessment. To fix, levy and collect assessments as provided herein; and
D. Easements. To Grant and convey easements to the common areas as may become necessary, subject to the conditions and limitations provided herein; and
E. Employment of Agents. To employ, enter into contract with, delegate authority to and supervise such persons or entities as may be appropriate to manage, conduct and perform the business obligations and duties of the Association; and
F. Enforcement of Governing Documents. To perform acts, as may be reasonably necessary or appropriate, including bringing suit, causing a lien to be foreclosed or suspending membership rights, and to enforce or effectuate any of the provisions of the Governing Document; and
G. Membership Meetings. To call annual meetings of the members of the Association, in a written notice of which annual membership meeting shall be sent to the members at least ten (10) days in advance of such meeting.

5. OWNERS' RIGHTS

Every owner shall have the right and easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with the title to every building site, subject to the following:

A. The right of the Association to charge reasonable admission and other fees for the use of any facility now or hereafter situated or constructed upon the common areas and to impose reasonable limits on the number of guests who may use the facility; and
B. The right of the Association to suspend the voting rights and right to use the common areas and facilities by any owner for any period during which any assessment of the Association against said owner's building site remains unpaid, and for any infraction by an owner of the Association's published rules and regulations for the duration of the infraction, and for an additional period thereafter not to exceed sixty (60) days; and
C. The right of the Developer with regard to the properties which may be owned for the purpose of development, to grant easements in and to the common areas contained within the properties to any public agency, authority or utility for such purposes as benefit the properties or parties thereof and owner of building sites contained therein; and
D. The right of the Association by a majority vote of all of the members of the Board to borrow money for the purpose of improving the common areas, or any portion thereof, for acquiring additional common areas, or for constructing, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a mortgage covering all or any portion of the common areas, provided, however, that the lien and encumbrance of any such mortgage given by the Association shall be subject and subordinate to any and all rights, interests, options, easements and privileges herein reserved or established for the benefit of Developer or any owner, or any holder of any mortgage, irrespective of when executed, given by Developer or any owner encumbering any building site or other property located within the properties;
E. The right of the Association to dedicate or transfer all or any portion of the common areas to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless such dedication or transfer has been approved by at least 66-2/3 percent of:
(1) The votes which the Class "A" members present or represented by proxies are entitled to cast at a meeting duly called for such purposes; and
(2) The votes which the Class "B" member is entitled to cast whether present or represented by proxy at a meeting duly called for such purposes, so long as such Class "B" membership shall exist; and
F. The right of the Association with regard to the properties which it may own to grant easements to Developer, any public agency, authority or utility for such purposes as benefit the properties or portion thereof and owners of building sites contained therein.

6 VOTING

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

A. Class "A" Class "A" members shall be all owners with the exception of the Developer, any successor of the Developer who takes title for the purpose of development and sale and anyone holding one or more building sites for the purpose of development or sale. Class "A" members shall be entitled to one vote for each building site in which they hold the interest required for membership by Section 3 hereof.
when more than one person holds such interest in any building site, the vote for such building site shall be exercised as those owners themselves determine and advise in writing to the secretary prior to any meeting. In the absence of such advice, the building site's vote shall be suspended in the event more than one person seeks to exercise it. If a building site is owned by a corporation, partnership or trust, such entity shall designate in writing the person authorized to vote in behalf of such entity.
B. Class "B" The Class "B" member shall be the Developer. The Class "B" member shall be entitled to four votes for each building site in which it holds the interest required for membership by Section 3 provided that the Class "B" membership shall cease and become converted to Class "A" membership upon the happening of either of the following events, whichever occurs earlier:
(1) When the total vote outstanding of the Class "A" membership equals the total votes outstanding of the Class "B" membership; or
(2) At such time as Developer voluntarily relinquishes its Class "B" membership rights.

7. PURPOSE OF ASSESSMENTS

The assessments levied by the Association shall be 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, improvement and maintenance of the common areas and other common facilities and areas of common responsibilities, 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 from time to time by the Board of Directors.

8. CREATION OF LIEN AND PERSONAL CALCULATIONS OF ASSESSMENTS

Each owner of a building site by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree to pay the Association:

A. An entering membership fee;
B. Annual assessments;
C. Special assessments and/or individual assessments against any particular building site, 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 cost of collection thereof, including reasonable attorney's fees shall:
(1) Be a charge and a continuing lien upon the building site against which any such assessment is made, and;
(2) Be the joint and several personal obligation of each person who was an owner of said building site at the time when any such assessment made against said building site fell due.
No owner shall be entitled to a refund of any portion of the entering membership fee, 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 Declaration by abandonment of his property or by attempted waiver as a non-user of the benefits of membership in the Association, or of common areas and facilities.

9. ENTERING MEMBERSHIP FEE

Each person or entity who holds an ownership interest in a building site, by acceptance of a deed thereof, 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 thee 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 person or entity shall be required to pay the entering membership fee more than once, without regard to the number of building sites in which said owner 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

10. ANNUAL ASSESSMENTS

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 building site 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 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(s). Notwithstanding the foregoing, however, in the event the members disapprove the proposed budget, or the Board fails for any reason so to determine the budget for the 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. Notwithstanding the other provisions of this Declaration, the annual assessment will be $35.00 per building site until such time as the first annual Association meeting is held. The $35.00 annual fee shall be paid by all owners of vacant building sites but Class "B" member.

11. SPECIAL ASSESSMENTS

In addition to the annual assessment 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, replacement, or maintenance of a described capital improvement upon the common areas, 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 including the Class 'B' 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 thirty (30) days in advance of the meeting 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 thee fiscal year in which adopted.

12. INDIVIDUAL ASSESSMENT

In the event that the need for maintenance or repairs of the common areas is caused by the willful or negligent act of an owner, his family, guests or invitees or in the event that an owner of any building site shall fail or refuse to maintain such building site, or repair or replace the improvements situated thereon in a manner satisfactory to the Board, 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 his obligations as outlined above, the Association shall have the right, through its duly authorized agents or employees to enter, at reasonable hours of a day, upon said building site to perform such work. The Association may then levy an individual assessment upon any building site to cover the cost and expense incurred by the Association in fulfilling the provisions of this section.

13. 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. Al1 common areas as defined herein.
C. Any vacant land or building sites owned by a Class "B" member unless a building site is occupied as a residence.

Any such land or building sites owned by a Class "B" member shall be maintained by such Class "B" member at such member's sole cost and expense.

14. ASSESSMENTS DUE DATES

The annual assessment installments for each building site shall commence on the first day of the month following the transfer of ownership of the building site from Developer to the owner, and shall become due and payable on the first day of each month thereafter. The method of payment and due dates for special assessments shall be as established by the Association in accordance with this Declaration, its Articles and By-Laws. The method of payment and due dates for individual assessments shall be as determined by the Board in accordance with this Declaration. The Association shall prepare a roster of building sites and assessments applicable thereto, which shall be open to inspection by any member upon reasonable notice to the Board.

15. COMPUTATION

Annual and special assessments shall be charged equally against each building site.

16. 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 as herein provided for shall attach, and in addition the lien shall include the late charge, interest on the principal amount due at the maximum allowable rate from the date first dues 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 to a building site, vests in the Association or its agents the right and power to bring 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 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 building site 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 building site.
The Board shall likewise have the right to use forcible entry and detainer proceedings to enforce the rights provided to the Board under this Declaration as permitted from time to time by the statutes of the State of Illinois.

17. SUBORDINATAION 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 building site 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 building site pursuant to a decree of foreclosure, or any other preceding in lieu of foreclosure. 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.

18 ESTOPPEL CERTIFICATES

The Association shall, upon request of a member, at any reasonable time, furnish an estoppel certificate signed by an officer or other authorized agent of the Association, setting forth the amount of unpaid assessments and/or other charges, if any against said member's building site, up to a given date or time of conveyance. The Association shall also certify as to whether or not there are violations of the governing documents on the building site as of the date of preparation of the certificate. Said certificate shall be delivered to the place of closing and all outstanding assessments and other charges, if any, and a reasonable charge, as determined by the Board, to cover the cost of providing such certificate shall be deducted from the Seller's account at the closing and transmitted directly to the Association.

19. MAINTENANCE REPAIRS AND SERVICES BY THE ASSOCIATION

The Association, subject to the provisions of this Declaration and the By-Laws of the Association shall maintain and keep in good repair the area of common responsibility, which responsibility shall be deemed to include by example and not by limitation:

A. Maintenance and repair of all common areas and facilities including, park areas, landscaping, utility lines, pipes, wires and conduits, not dedicated to any public authority, if any; and
B. Furnish and provide the necessary maintenance and repair services for the utility systems, and for any controlled discharge drainage collection facility serving the properties and the improvements situated thereon.

20. EASEMENT

The Association is hereby granted an easement of use and right-of-way on, over, in, under and through all building sites in order to comply with the terms of this Declaration, and entry on any building site for such purpose shall not be deemed a trespass.

21. ENFORCEMENT AUTHORITY

The Board of Directors of the Homeowners' Association shall be authorized and empowered to:

A. Make and enforce reasonable rules and regulations governing the conduct, use and enjoyment of the properties.
B. Impose reasonable fines, which shall constitute a lien upon the building site of a member, and/or suspend such member's right to use the common areas and the right to vote, for not more than thirty (30) days, or such time as a violation may continue and sixty (60) days thereafter for violation of this Declaration, the By-Laws or any rules and regulations which have been duly adopted by the Association.
C. Begin any action in any court on behalf of the Association and all owners to abate any nuisance, or otherwise to protect the values and integrity of the community.

22. ENFORCEMENT 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:

A. Demand. Written demand to cease and desist from any alleged violation shall be served upon the alleged violator specifying:
(1) The alleged violation; and
(2) The action required to abate the violation; and
(3) A time period, not less than ten (10) days, during which the violation is continuing, or a statement that any further violation of the same rule any result in the imposition of sanction after notice and hearing if the violation is not continuing at the time the written demand is sent.
B. Notice. Within twelve months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subsequently violated, the Board shall serve the violator with written notice of a hearing to be held by the Board in executive session. The notice shall contain:
(1) The nature of the alleged violation; and
(2) The time and place of the hearing, which time shall be not less than ten (10) days from the giving of notice; and
(3) An invitation to attend the hearing and produce any statement, evidence and witnesses on his or her behalf; and
(4) The proposed sanction to be imposed.
C. Hearing. The hearing shall be held in executive session pursuant to this notice affording the member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting: Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

23. EROSION CONTROL AND LANDSCAPE WASTE

During clearing and construction, until all exposed dirt from excavating has been removed from the building site or brought to an approved final grade surrounding the dwelling unit, and until the building site is permanently landscaped with vegetation or landscaping material, the building site owner shall prevent the erosion and washing of soil from the building site by employing the following measures:

A. Disposing of all landscape waste, such as brush, weeds, removed trees, and excess dirt, in a lawful fashion by burial, incineration or removal, without causing damage to any adjacent building site or other property within North Lake Shore Subdivision.
B. In the case of making improvements to a building site, the owner shall place, or require a general or sub-contractor to place, all excavated soils deposited within the building site at least five (5) feet from any lot line, and the owner or general or sub-contractor shall not place any soil piles on an easement or right-of-way of record. During and prior to completion of construction efforts the building site owner or contractor of the building site owner's designation shall erect and maintain a water permeable cloth dike of suitable strength and durability across the front of a building site and around the perimeter of excavating soil piles or shall employ other effective means to prevent such soils from eroding or washing into easements or right-of-way or other building sites. Such dikes or other systems shall be maintained until the excess soil has been brought to approved final grade or removed from the building site.
C. Within 60 days, weather permitting, after the final grade has been established and approved on the building site, the building site owner shall provide and install sod in the front and side yards, vegetation to cover exposed soils by planting approved ground cover, sodding, seeding and strawing, or covering the exposed areas with approved landscape material to prevent erosion. Drainage easements on building sites shall be maintained by the building site owner according to the plat of record and the specifications of final grade as approved by the City Engineer.
D. Soils, mud and landscape waste carried from a building site 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 building site owner.
The Homeowners Association, Developer, his successors and assigns, shall have the right to enter a building site at any time for the purpose of preventing and arresting undue erosion at the expense of the building site owner if the building site owner or his designated contractor is unwilling or unable to prevent such erosion.

24. CONSTRUCTION MATERIAL WASTE

At each building site, excess material and waste from construction shall be gathered and disposed of regularly in a lawful fashion. No building site shall be used or maintained at anytime for a dumping ground.

25. DRIVEWAYS

Driveways shall be constructed of concrete, asphalt or other material as approved by the Architectural Control Committee.

26. NUISANCES AND TRASH

A. No noxious or offensive trade or activities shall be carried on in said subdivision, nor shall anything be done therein or thereon which may be or become an annoyance or nuisance to the neighborhood.
B. No animals, livestock or poultry of any kind shall be raised, bred or kept on any building site in said subdivision except dogs and cats and other common pet animals, and not for any commercial purposes.
C. All weeds shall be kept cut on sold vacant building sites, and no such vacant building sites shall be permitted to fall into an unsightly condition, except that the building site owner shall not be obligated to clear natural wooded areas of brush and undergrowth. No building sites shall be used or maintained as a dumping ground for rubbish, and all trash, garbage or other waste shall be kept in sanitary containers. Any vacant building site, which falls into an unsightly condition, may be mowed or cleaned up by the Developer or Homeowner's Association at the expense of the owner.

27. OUTDOOR STRUCTURES

A. No structure of a temporary character, trailer, basement, shack, garage, barn or other outbuilding shall be erected or placed on any building site at any time, except during the construction period, without approval of the Architectural Control Committee. No unattached garage or out building shall be approved by the Architectural Control Committee unless it is compatible with the existing single family dwelling on the premises and is of comparable quality and construction. No freestanding storage sheds will be permitted.
B. No outdoor structure to include but not limited to; fence, antenna, satellite dish, mail box playground equipment, pergola, gazebo or swimming pool, shall be constructed without the prior approval of the Homeowner's Association or the Architectural Control Committee

C. Fences
(1) All fences constructed and installed on any lot within the subdivision shall be constructed of treated wood, coated metal (wrought iron in appearance), or masonry customarily used for outdoor residential decorative fencing. (The color preference for coated metal fences is black, however other dark colors will be considered for approval). No woven wire, chain link, or plastic fences are allowed to be constructed or erected. Decorative corner columns of masonry will be permitted.
(2) Fences must be constructed within the lot property lines, but shall not extend into the area in front of the house. The front yard depth is defined as the perpendicular setback distance from the front property line to the near point of the house, extended full lot width. For corner lots, this covenant applies also to the entire area in front of the house facing the side street.
(3) Wooden fences shall be constructed and installed so that the wooden posts and supporting structure of the fence are exposed to the inside of the yard it encircles, and the vertical boards are facing the outside. Or, the fence may be constructed by alternating the vertical boards on the inside and outside of the fence.
(4) All fences shall be constructed and erected to a minimum height of four (4) feet and a maximum height of six (6) feet. A three (3) inch ground clearance will be permitted. Support posts and decorative columns may extend slightly above the fencing material.
D. Outdoor Antennas shall be installed in the rear of the residential building lot and shall not extend any higher than the roofline of the house.
E. Satellite dishes shall be installed in the rear of the residential building lot and shall be located no less than ten (10) feet from the property lines of the lot, measured from the outermost point of the satellite dish. The satellite dish shall not extend any higher than the roofline of the house.
F. Mailboxes
(1) The Homeowners Association has selected and adopted a single design and color for the mailboxes used at each residence. A supply of these mailbox post assemblies are kept in storage by the Association. At the time of becoming an Association member, each member will be required to purchase one of these prefabricated mailboxes for their residence unless a conforming mailbox has been installed at the building site by a previous owner. The Association is authorized to collect the cost of the mailbox along with the membership dues.
(2) Members will be required to take possession of the mailbox when delivered by the Association. The member shall install the mailbox in front of their residence in accordance with the instructions supplied with the mailbox. Installation is required within thirty (30) days of occupancy of the home, weather permitting.
(3) Repainting of the mailbox or post shall be done using the official color.

28. VEHICLES

No building site owner or occupant shall permit any commercial vehicle, boat or trailer, including without limitation, cargo trailer, campers, house trailers, mobile homes or carryalls, to be parked or stored on the building site, in the driveway or in the street in front of or alongside of the building site. This shall not prevent the building site owner or the occupant from storing a truck, commercial vehicle, boat or trailer owned by such owner or occupant, or used by him in his business in any garage on the premises. No derelict vehicles shall be kept or stored on any building site. No building site owner or occupant shall permit any personal vehicles to be parked on an ongoing basis in the streets of North Lake Shore Subdivision. All personal vehicles shall be kept in a garage or in the driveway of the building site. This shall not prevent visitors or occupants from parking vehicles in the street on a temporary basis. A specific exemptions shall be made to allow storage of city, county, state, and federal law enforcement vehicle in driveways within the subdivision but not in the street.

29. SIDEWALKS

After the construction of the sidewalk in front of a building site and acceptance by the City Engineer or his representative, the building site owner shall be responsible for replacing at his own expense, any broken section.

30. DURATION OF RESTRICTION

The aforesaid covenants shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument rescinding or modifying these covenants which is signed by more than seventy-five (75%) percent of the then record owners of the building sites delineated in the then existing plats of said North Lake Shore Subdivision development, shall be recorded in the office of the Recorder of Deeds of Sangamon County, Illinois. Each building site shall have one vote, agreeing to change or rescind said covenants in whole or in part. No amendment to these covenants and restrictions shall operate to terminate the existence of the Homeowners' Association, nor shall it relieve the Homeowners' Association from its obligations hereunder to assess fees and maintain all water retention facilities, drainage facilities, non-private utility easements and boulevards as set forth in this plat and subsequent plats for North Lake Shore Subdivision.

31. REMEDIES FOR VIOLATION

In the event of a violation or breach of any of these covenants and restrictions by any person or entity subject to such covenants and restrictions, a person or entity enjoying the benefit of these restrictions shall have the right to proceed in a judicial action at law or in equity to compel compliance with the terms of these covenants and restrictions, or to prevent the breach or violation of them. Developer shall, in addition, have the right to such compensation for actual expenses incurred as a result of any such breach or violation.

32. SEVERABILITY

Invalidation of one of these covenants or restrictions by judgment or other order shall not in any manner affect any of the other covenants, which shall remain in full force and effect.

IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on its behalf by its Trust Officer and its corporate seal to be affixed hereto, this___________day of________________, 1999, pursuant to authority vested in them by the Board of Directors of said Grantor.
BANK ONE TRUST COMPANY, NA, FORMERLY KNOWN AS, BANK ONE, SPRINGFIELD AND, MARINE BANK OF SPRINGFIELD, AS TRUSTEE TRUST AGREEMENT DATED NOVEMBER 1, 1988 AND KNOWN AS TRUST No.531503-7
(CORPORATE SEAL)