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COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL <br />owns fee simple title to one or more Sites, as shown by the Official <br />Records: provided, however, that a beneficiary shall not be <br />deemed to be an Owner so long as its interest in the particular Site <br />or Sites is for purposes of security only. <br />ARTICLE II <br />DEVELOPMENT RESTRICTIONS <br />2.1 No building, sign or other structure shall be erected, permitted or placed upon <br />any part of said real estate which shall have any part thereof including, but not <br />limited to, any windows, eaves, steps, chimneys or other projections nearer than <br />forty (40) feet from the nearest boundary line of any street or streets or which is <br />nearer than twenty (20) feet from any boundary line of said real estate which <br />does not border a street. No more than seventy (70) percent of the lot area shall <br />be impervious. <br />2.2 No building or structure shall be erected, permitted or placed on any part of said <br />real estate unless the exterior structure thereof is of stone, brick, reinforced <br />concrete, glass, equivalent masonry construction or a combination of these <br />materials. <br />2.3 No excavations or excavating work shall be permitted on any part of said real <br />estate except excavations for the purpose of constructing buildings and tangible <br />improvements on such real estate immediately prior to and during the <br />construction of such buildings and tangible improvements. No soil, gravel, <br />minerals, aggregate or earth materials shall be removed from said real estate <br />except as a part of such excavations made for the purpose of constructing <br />buildings and tangible improvements on said real estate. The owner is <br />responsible for the implementation and maintenance of erosion and sediment <br />control measures in accordance with 327 IAC 15 -5, "Rule 5" as described in the <br />"Indiana Handbook for Erosion Control in Developing Areas." <br />ARTICLE III <br />USE RESTRICTIONS <br />3.1 Prohibited Uses. Any use that could produce adverse effects upon Second <br />Blackthorn Industrial Parcel in terms of health, safety or welfare of Persons; or <br />which may be harmful to the improvements thereon; is prohibited including <br />without limitation the following: <br />-2- <br />