COVENANTS AND RESTRICTIONS
OAK BROOK SUBDIVISION

We, the undersigned, Iowa Inns, Inc.; John T. Millward and Patricia Millward; Marion O. Benton and Priscilla M. Benton; Ronald J. Havlik and Sharon L. Havlik; Terry J. Reaman and Joanne C. Reaman; Gerald F. Handlos and Janet Handlos, being the owners and proprietors of the following described real property, to-wit:

Part of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼), Section Seven, Township Eighty-three North (T83N), Range Thirty-eight (R38), West of the 5th P.M., Crawford County, Iowa, more closely described as follows: Beginning at a point 87º43′ East, 279.8 feet from the Southwest (SW) Corner of said Section Seven (7), said beginning point being on the centerline of presently established county road, thence North-easterly 296.5 feet along a 1432.4 feet radius curve concave Northwesterly, thence north 37º07′ East, 1078.4 feet along the centerline of said county road, thence Northeasterly 244.9 feet along a 409.3 feet radius curve concave Southeasterly, thence South 1º25′ East, 1211.8 feet along the centerline of a presently established county road, thence North 90º00′ West, 1076.8 feet to the point of beginning, containing 15.53 acres, more or less, subject to the established county road right of ways and comprising Oak Brook Subdivision, a part of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼), Section Seven (7), Township Eighty-three North (T83N), Range Thirty-eight (R38), West of the 5th P.M., Crawford County, Iowa,

the same being the real property now platted as Oak Brook Subdivision, a part of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼), Section Seven (7), Township Eighty-three North (T83N), Range Thirty-eight (R38), West of the 5th P.M., Crawford County, Iowa, which Plat is dated April 26, 1971, and is now recorded in Book 7, Page 8, in the office of the Crawford County Recorder, hereby make the following declarations as to limitations, restrictions, and uses to which the lots and/or tracts constituting said Addition may be put, hereby specifying that said declarations shall constitute covenants to run with all of the land, as provided by law, and shall be binding on all persons and parties claiming under them, and for the benefit of and limitations upon all future owners in said Addition, this declaration of restrictions being designed for the purpose of keeping said Addition desirable, uniform, and suitable in architectural design and use as herein specified.

1. All lots in said Oak Brook Subdivision shall be known and described as residential lots. No structures shall be erected, altered, placed, or permitted to remain on any residential building lots or plot other than one (1) detached single family dwellings/ with attached enclosed private garage for not less than two (2) cars.

2. No family dwelling, exclusive of garage, shall be erected, altered, placed or permitted to remain on any residential building lot unless the ground floor square foot area thereof is as follows:

A. For a one-story family dwelling: 1,200 square feet.

B. For a story and a half or a two-story dwelling: 900 square feet on the ground floor and 800 square feet on the upper story or stories.

3. No building shall be placed on any lot in said Addition so that any portion shall be closer than 25 feet to the street or drive upon which it faces. No building shall be placed on any lots so that any portion shall be closer than ten (10) feet to any side line or rear line of said lot.

3a. Lots 6 and 7 shall be used as one residential lot and only one residence shall be constructed on Lots 6 and 7 jointly. That is, if a house is built on one of said lots, no house shall be constructed on the other. However, one house may be constructed employing portions of each lot and the remainder of each as yard.

Lots 16 and 17 shall be used as one residential lot and only one residence shall be constructed on Lots 16 and 17 jointly. That is, if a house is built on one of said lots, no house shall be constructed on the other. However, one house may be constructed employing portions of each lot and the remainder of each as yard.

Lots 8 & 9 shall be used as one residential lot and only one residence shall be constructed on Lots 8 and 9 jointly. That is, if a house is built on one of said lots, no house shall be constructed on the other. However, one house may be constructed employing portions of each lot and the remainder of each as yard.

Lots 10 and 11 shall be used as one residential lot and only one residence shall be constructed on Lots 10 and 11 jointly. That is, if a house is built on one of said lots, no house shall be constructed on the other. However, one house may be constructed employing portions of each lot and the remainder of each as yard.

4. The terms “residential building lot” or “lot” shall be defined as meaning all of that part or parcel of any lot, lots or portions of lots forming one continuous whole lot upon which a one-family dwelling is constructed and the lot line or lines of said parcel or lot shall be considered as being the outside lines of the entire parcel.

5. No person shall remove any tree situated in the addition as of the date of these Covenants and Restrictions unless the tree shall be affected by a disease, is substantially destroyed by any act of God, is found to be dangerous to life, limb or property, or it is architecturally necessary to remove the tree for placement of a dwelling or driveway thereon or the construction, repair and maintenance of any public utility or device.

6. No artificial fence of any nature or type shall be constructed or maintained upon that portion of any lot extending from the side facing any public drive or street to the adjacent drive or street. No shrubbery shall be placed or maintained forming a hedge or fence in said area greater than four feet in height. No fence constructed of barbed or woven wire or chain length type shall be constructed or maintained on any lot except as to that lot line which forms a partition fence or line with adjacent agricultural land not a part of the addition.

7. Said Addition or any buildings or dwellings erected thereon shall not at any time be used for the purpose of any trade, business, or manufacture, and no signs, billboards, or advertising devices, except those used in the sale of said property or to designate its name as Oak Brook Subdivision or the ownership of the various dwellings, shall be placed on any lot or building in said Addition.

8. No nuisance, or offensive, noisy, or illegal trade, calling, or transactions shall be done, suffered, or permitted upon said Addition and no horse, cow, goat, hog, or similar animal shall be kept or maintained on said property or any portion thereof, nor shall any chicken yard be maintained thereon.

9. The utility easements as designated and specified on said Plat are hereby reserved and dedicated for public easement purposes. A mutual easement is hereby granted all of the owners and proprietors of lots within said Addition for the repair and maintenance and use of the existing water wall and water lines which furnish water to the residential lots.

10. These Covenants and Restrictions are to run with the land and shall be binding on all parties and all persons claiming under and through them until ten (10) years from the date of this instrument, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years until by vote of the majority of the then owners of the lots, it is agreed to change the said covenants in whole or in part.

11. 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 herein before ten years from the date of this instrument, or during the extension thereof, it shall be lawful for any other person or persons owning any other lot or lots in said Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and restriction, and also to prevent him or them from so doing or to recover damage or other sums for said violation.

12. In the event that any of these covenants and restrictions are found to be invalid by judgment or court order, the same shall not affect any of the other provisions which shall remain in full force and effect.

Dated at Denison, Crawford County, Iowa, this 6th day of November, 1972.