The Reserves at Deerfield

Protective Covenants

1. Any Builder/Homeowner purchasing a lot must have signed approval of his architectural drawings and plot plan by the Developer before starting project. In the event a lot is purchased before construction plans are completed, for whatever reason, the buyer must have signed approval by the Developer of his architectural drawings and plot plan before any construction can begin. All landscape plans must be approved by the Developer. All front yard landscape plans will include at least (3) 3-4 inch hardwood trees which will achieve a minimum height of 25 feet at maturity, an irrigation system, size and types of trees, shrubbery, and flowers. Samples of landscape brick and or pavers must be provided to Developer prior to installation. Homeowner’s risk having to alter or remove structures and landscaping improvements in the even approval is not obtained prior to installation.

2. All lots in the subdivision shall be known and described as residential lots, and no structures shall be erected, altered, placed, or be permitted to remain, on any lot other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and an attached private garage for not less than (3) automobiles or more than (6) automobiles. Any deviation from this clause must be approved by the Developer.

3. The living area of such dwelling, exclusive of garage, open porches and basement, shall contain not less than Two Thousand Six Hundred (2,600) square feet of living area for one-story dwelling and not less than Three Thousand (3,000) square feet of living area for a two-story dwelling (unless otherwise approved by Developer). In addition to the minimum space requirements above, such dwelling shall also contain not less than a three-car garage, unless approved by Developer.

4. No residence, building, fence, wall, hedge, walk or other structure and no grading or general landscaping shall be commenced, erected or permitted to remain on any lot unless the plans and specifications, showing the nature, kind, shape, height, material, color, scheme, estimated cost and location of such structure and/or landscaping scheme has been submitted to and approved by the Developer. The foundation walls of such dwelling shall consist of poured concrete and such foundation walls shall be stepped to ground elevation. In addition to the minimum space requirements, no approval shall be granted unless the following have been fully complied with:

• A. All lot purchasers shall request an Architectural Review Submission Package and Landscaping Review Submission Package from the developer and hereby agree to fully comply with all requirements in this package. Fees must be paid upon submission of the package. The Architectural Review Committee must receive the home blue-prints and Architectural Review Package 45 days prior to construction start date and receive the Landscaping Review Submission Package 60 days prior to completion of residence. All Penalty Fees (see Architectural Review Submission Package and Landscaping Review Submission Package) for non-compliance that are not paid within 90 days from notification shall be added to Homeowner’s Associations Dues and assessed against the property. In addition, any Builder/Homeowner agrees hereby, upon notification, to cease all construction or improvements until they have fully complied with and received approval by Developer. Any and all other legal remedies will be taken to insure compliance by the Developer and/or Homeowner’s Association.

• B. No aluminum siding, vinyl siding or plastic siding of any nature may be incorporated into the construction, unless approved by Developer.

• C. All plumbing vents and metal vents must be painted.

• D. All structures on any lot shall contain wood frame windows or wood frame with cladding.

• E. No residence, garage, or outbuilding shall be located nearer any road right-of-way than the designated setback line indicated on the plat of the subdivision. All rear yard setback limits must also be met.

• F. No dwelling structure, garage or outbuilding shall be located closer than fifteen (15) feet to any side lot line, nor shall the sum of the side yard spaces be less than thirty-five (35) feet.

• G. All residences shall have customized concrete or paver driveways and a drawing shall be submitted prior to installation to be approved by the Developer (included in Landscaping Package).

• H. Only fully dimensional shingles, tile or slate may be used for roofing material.

• I. Capped ridge vents will be utilized wherever possible.

5. Developer reserves the exclusive right to establish grades and slopes at which any builder shall be erected. Elevation levels for main floor and basement. Proposed Elevation levels must be submitted prior to starting construction and approved by Developer. Homeowner and Builder risk having to alter or remove structure if not approved prior to construction.

6. Construction must start within twelve (12) months of the date of purchase of any lot, unless otherwise approved by the Developer. The Homeowner fully accepts that Developer has a material relationship with the exclusive Builder that the Developer has approved to construct residence located in “The Reserves at Deerfield Estates”. In the event of one of the following occurs: 1) construction does not begin on or before the one year anniversary date of purchase (or date approved by Developer), or 2) Homeowner is unable or unwilling to construct their residence with the Builder (assigned by the Developer), the Developer hereby retains the right to buy back said lot at the original purchase price. No Purchaser shall be allowed to resell an unimproved lot. The Developer shall retain his right to remarket said lot from Homeowner for the period of 24 months, after Developer is notified, in writing, by Purchaser, by certified mail. In the event Developer is unable to remarket said lot, in that period, Purchaser shall have the right to market the lot. However, Developer shall retain a first right of refusal to purchase lot, upon being presented with an offer from another ready, willing, and able purchaser. In the event Developer waives first right to purchase (within 10 days of notification), future purchaser must agree to comply with Deerfield Protective Covenants.

7. Each lot owner shall remove all trash from the lot so that lot is free of debris and clutter. Each owner or builder shall be responsible for keeping the streets from of mud or debris. Straw bale fitters for erosion control must be used on all lot end sides of lots during the entire construction process. Erosion control protection must be in place prior to footers. In the event Developer is required to install erosion control items, lot owner will be assessed this expense against their Homeowner Association dues, plus twelve percent interest.

8. No trees shall be cut, removed or destroyed except for those that are dead and those that are in the building envelope. Certain trees will be protected by barriers as designated by the Developer. It is the responsibility of the lot owner to meet with developer to discuss tree removal prior to beginning.

9. No structure of temporary character, trailers, modular, shack, garage, barn, or other outbuilding shall be used as a residence either temporarily or permanently. No building or structure shall be relocated or permitted on any Deerfield estate residential lot.

10. Outbuildings may be erected, but only with written approval of the Developer. Tennis courts, in-ground pools, gazebos or other recreational facilities must be approved by the Developer. Above ground pools are not permitted.

11. The parking and/or storage of machinery, equipment, trucks, school buses, boats, campers, trailers, commercial vehicles, recreation vehicles and other vehicles shall not be permitted outside, unless approved by Developer or Homeowner’s Association. No lot shall be used for the storage of disabled or scrap motor vehicles. NO trash or refuse is permitted to be stored on any lot. Permanent recreational vehicle parking areas must be approved by the Developer. A monetary penalty shall be established and approved by the Homeowner’s Association for violation of any of these items.

12. No television or dish, if larger than 2.5 feet in diameter, is permitted on any lot unless approved by the Developer. Location of dishes must be approved by Developer prior to installation (homeowners risk having to alter or move).

13. No advertising signs, or other advertising devices, except those that pertain to the sale or rental of the premises shall be erected or placed on any lot in the subdivision, unless approved by the Developer.

14. No lot shall be further subdivided into smaller sites unless approved by the Developer.

15. No fencing may be constructed in front of any residence structure. Any other fencing requirement must be approved by the Developer. No chain link fencing may be used on any lot in the subdivision in any location. Approved fencing will be available by contacting the Homeowner’s Association or Developer.

16. No animals, livestock or poultry shall be maintained on any lots except dogs, cats, and other household pets. All pet owners must comply with the county, township and state leash laws.

17. No noxious or offensive trade, business or activity shall be permitted on any lot, nor shall anything be done which may be or become an annoyance or nuisance to the other lot owners, unless approved by Developer.

18. Any lot area designated for the natural flow of surface water shall be kept free from any obstruction to the natural flow of surface water by the lot owner. Any improvements made on or under any easement shall be made at the risk of the owner of the lot on which such improvements are made. In no case, shall any improvement, alteration or construction upon such easement be made without the approval of the appropriate governmental authority and Developer.

19. Irrigation and/or sprinkler systems are required on each individual lot, unless waived by Developer. No system shall be installed in the public right-of-way.

20. No lots in Deerfield Estates shall have direct access to Carpenter Road. No driveway may enter any street closer than 50’ from any intersection corner, unless waived by the appropriate governmental authority.

21. Drainage structures and improvements shall be the responsibility of the Home Owner’s Association who shall be responsible for operation and maintenance. No change shall be made to the approved storm drainage system without first obtaining review and approval from the appropriate governmental authority. All drainage and retention areas throughout Deerfield Estates shall be inspected biweekly by the Homeowner’s Association for drainage structures and to enforce proper maintenance of detention areas.

22. A Standardized Light Post (to be determined by Developer) is required to be purchased from Developer and installed by Lot Owner on their lot and shall be without switch for safety purposes. Setback dimensions for post to be established by the Developer. In addition, each house constructed shall have a minimum of ten recessed cans (under soffit) lighting front and side exterior of home and ten landscaping lights on front and side of home. Standard Mailbox design will be determined by the Developer. Mail Boxes must be purchased from Developer. The base of each mailbox and light post shall include landscaping with flowers, unless waived by Developer. These determinations will be standardized wherever possible.

23. Any damage that is done by purchaser, or his contractor(s) to any improvements that have been made by the Developer are the purchaser’s responsibility to repair and/or replace (I.E. curb, street, utilities, etc.). Repair of damages to the infrastructure of the development abutting the lot are the responsibility of the lot owner.

24. These Covenants are to run with the land and shall be binding on all parties and all person claiming under them until at which time such covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of then owners of the lots. Each lot being entitled to one (1) vote.

25. If parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any lot in the subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to receive damages for such violations.

26. The Developer shall establish an association of homeowners, which shall be known as DEERFIELD ESTATES HOMEOWNERS ASSOCIATION, INC (or The Reserves at Deerfield Estates Homeowners Association, Inc). Its purpose shall be to promote and serve the common good and general welfare of the community of homes and the adjacent areas within Deerfield Estates. It shall include the preservation and maintenance of water detention areas, common areas, landscaping, associate irrigation system, if used, associated electric utilities, if used, common lighting, if used, single and general items of beautification, such as, but not limited to, these areas, social organization and directory printing, etc., as approved by the Developer and/or Association.

27. Invalidation of any one (1) of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

28. All approvals by the Developer must be written and addressed to the lot owner of record.

29. All driveway apron and sidewalk installations within the public right-of-way, new and upgrade, are the responsibility of the homeowner (to be constructed with the home) and shall comply with current Greene County and/or Sugarcreek Township Access Management Regulations, whichever is stricter.

30. No paving stones, designer concrete surfaces, tinted concrete, etc. shall be used to construct any part of a sidewalk driveway apron, within the public right-or-way, without prior approval of the Developer and local authorities.

31. With the exception of grass, no trees, shrubs or plantings are permitted within the public right-of-way, without approval by the Developer and local authorities.

32. Driveway base aggregate shall be installed prior to any improvement of individual lot(s). All contractors involved with the improvement of lot(s) are required to use this entrance to minimize yard debris transfer to roadway surfaces.

33. Occupants of land situated along the roadways or their assignees shall not modify approved curb profile.

PLAT NOTES:

1. No lots shall have direct access to Carpenter Road. Lot 62 access must be from Glory Drive. Lot 63 access must be from Paxon Drive.

2. Owner of lot 83 is responsible for the operation and maintenance of the 10’x30’ driveway easement on lot 82.

3. Homeowner’s Association shall be responsible for a biweekly inspection and maintenance of all storm water detention inlets and outlets to ensure they are free from debris.

4. Access to the site shall be maintained throughout all phases of construction.

5. Provide temporary street and address signs as soon as development begins.

6. Sanitary Sewer connection must be made to the existing property located on proposed lot #83 at the time that the service is available. The existing septic tank and leach field are to be abandoned at that time and the septic tank must be disconnected, pumped, crushed and filled with sand or pea gravel in accordance with the requirements of the Green County Combined Health District.

7. Any lot area designated for the natural flow of surface water shall be kept free from any obstruction to the natural flow of surface water by the lot owner. Any improvements made on or under any easement shall be made at the risk of the owner of the lot on which such improvements are made. In no case, shall any improvement, alteration or construction upon such easement be made without the approval of the County engineer or his designee.