COVENANTS AND RESTRICTIONS TO NORTHSIDE ESTATES ADDITION TO THE CITY OF DENISON, IOWA

Robert Scherff and Cynthia Scherff, being the owners and proprietors of certain real estate located in Denison, Crawford County, Iowa, now platted as and hereafter known as Northside Estates Addition to the City of Denison, Crawford Count, Iowa, do hereby covenant and agree for the benefit of all future owners of said land that all deeds and conveyances made to purchasers of said land or lots located within Northside Estates Addition will be subject to the following covenants and restrictions, to-wit:

1. All lots described herein shall be known, described and used solely as residential lots with the exception of lot number five (5) which may be sub-divided to adjoining residential lots.

2. No trailer, basement, tent, shack, garage, barn or other out-building shall at any time be erected and used as a residence, either temporary or permanent, nor shall any residence of a temporary character be permitted.

3. No structure shall be moved onto any lots, and all construction must be new construction built on the premises. No log cabin type home or underground earth type home construction shall be permitted on any lots in this addition.

4. No residential structure shall be erected other than one detached, single family dwelling, not to exceed two stories in height. No building shall be erected on any lot unless the design, location and grade with respect to surrounding lots are in harmony with existing structures and location in the tract and does not violate any protective covenants. Each residential structure shall have an attache two or three car garage, each structure shall be at least ½ brick front, and have “architectural style” roof shingles of either asphalt or fiberglass composition. In any case, no one story home shall have less than 1,500 square feet of living space on the ground floor; no one and one-half story home shall have less than 1,200 square feet of living space on the ground floor; and no two story home shall have less than 1,000 square feet of living space on the ground floor. “Living space” shall exclude all space in a garage, basement, porch, breezeway, patios, tool and equipment structure and storage structures.

5. No parcel of land nor building thereon in this tract shall be used for any commercial purposes of any nature, nor shall any illegal, obnoxious or offensive trade or activity be carried on upon any lot or parcel of land nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Said addition or any buildings or dwellings erected thereon shall not at anytime be used for the purpose of trade, business or manufacture, and no signs, billboards or advertising devices, except those used in the sale of the property or to designate.

6. The titleholder of each lot, vacant or improved, shall keep his lots free of weeds, debris and tall grass.

7. The purchaser or subsequent owners of each lot shall be responsible for installing and maintaining a public sidewalk on their property in conformity to the ordinances of the City of Denison, Iowa. Said sidewalk shall be installed within twelve (12) months of date of issuance of building permit.

8. The purchaser or subsequent owners of each lot shall have an established lawn within twelve (12) months after the residential structure has been erected.

9. At no time shall there be permitted any parking or storing of a camper, trailer or boat on the front or side of a lot for more than a forty-eight (48) hour period.

10. At no time should there be permitted the parking of a vehicle in the street for more than a twenty-four (24) hour period.

11. No vicious animals, including but not limited to, pit bulls, dobermans or rottweilers, shall be allowed to reside or be cared for on any lot in this addition. No horse, cow, goat, hog, duck or similar animal or fowl shall be kept or maintained on said property or any portion thereof, nor shall any chicken yard be maintained thereon.

12. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty (20) years from the date of these Covenants and Restrictions, at which time said Covenants shall be automatically extended for successive ten (10) year periods, unless by a vote of the majority of the then-owners of the lots, it is agreed to change said Covenants in whole or in part.

13. If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the Covenants and Restrictions before twenty (20) years expires from the date of these Covenants and Restrictions, it shall be lawful for any other person or persons owning any such lots in said development or subdivision to prosecute any proceedings at law or in equity, against the person or persons violating or attempting any such Covenant or Restrictions and either to prevent him or them from doing so or to recover damages for such violations.

Any violation of any of these Covenants by judgment or other order shall in no way affect any of the other provisions which shall remain in full force and effect.

Dated this 2nd day of December, 1998, at Denison, Iowa.