Sewer and Water Main Extension Agreement - Private Extension of Public Water Main – The Reserve at Blackthorn, LLC

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PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS AND EASMENTS FOR THE RESERVE AT BLACKTHORN Consisting of 36 lots, as more particularly described in Exhibit "A" attached hereto and hereby made a part hereof Saint Joseph County, Indiana The Reserve at Blackthorn (the "Subdivision") is a subdivision being developed by The Reserve at Blackthorn, LLC, in Indiana limited liability company (hereinafter the "Developer"), on land more particularly described in Exhibit "A" which is attached hereto and made a part hereof (the "Plat"). The Plat has received final approval and has been recorded in the office of the Recorder of St. Joseph County, Indiana as Document No. , and the Plat is incorporated herein by reference. The Subdivision consists of thirty-six (36) lots (each a "lot") as well as common areas, as depicted in the Plat. Each and every lot in the Subdivision shall be subject to and impressed with these Protective Restrictions, Covenants, Limitations and Easements (the "Covenants"), which shall be considered a part of the conveyance of any lot in the Subdivision without being written therein. The Covenants are for the mutual benefit and protection of the owners, present or future, of any and all lots in the Subdivision and shall run with the land and inure to the benefit of and be enforceable by the owner, or owners, of any land or lots included in the Subdivision, their respective legal representatives, heirs, successors, grantees and assigns. The owner, or owners, present or future, of any land or lot included in the Subdivision shall be entitled to injunctive relief against any violation or attempted violation of the Covenants and also damages for any injuries resulting from any violation hereof, but there shall be no right of reversion or forfeiture of title resulting from such violation. The Covenants are as follows: 1. ARCHITECTURAL CONTROL COMMITTEE. In order to maintain harmonious structural design, no building for the principal use of residential dwelling or any other structure may be erected on any lot, unless and until the plans and specifications therefore have been approved in writing by the Architectural Control Committee (the "Committee"), which Developer hereby creates by these Covenants. The Committee shall consist of three (3) persons appointed by the Developer, who shall serve until they are removed by the Developer or have resigned. In the event of any vacancy on the Committee, the Developer shall appoint a replacement. The Committee shall have the authority to approve all plans and specifications for all structures to be erected in the Subdivision. No construction of any structure shall be commenced until the Committee shall have issued its written approval. The decision of the Committee shall be entirely within its discretion. The authority of the Committee shall expire twenty (20) years after the date of the recording of the Covenants, unless otherwise amended or extended in accordance with the terms herein. The Committee shall have the authority to enforce its decisions through the Developer and all rights, remedies and enforcement provisions available to the Developer shall be available to the Committee after receiving approval from the Developer. The Developer shall have no responsibility or liability for any actions taken or decisions made by the Committee after the Developer has vacated its position of appointment on behalf of the Committee.