COVENANTS & RESTRICTIONS TO WHITED FIRST ADDITION TO THE CITY OF DENISON, IOWA

Craig L. Whited and Darlys A. Whited, being the owners and proprietors of certain rel estate in Denison, Crawford County, Iowa now platted as and hereafter known as Whited First Addition to the City of Denison, Iowa, do hereby covenant and agree for the benefit of all future owners of said land that all deeds and covenants and restrictions, to-wit:

1.) All lots in said subdivision shall be used solely for residential purposes and no lot shall be used for any commercial, industrial or agricultural use. Ordinary flower and vegetable gardens shall be permitted for the growth of flowers and vegetables to be used or consumed by the owner of the lot. No commercial gardens shall be permitted. No lot may be subdivided after the developer has transferred it, although one or more lots may be utilized as a single building plot.

2.) No building in this subdivision shall be used for any illegal, noxious, or offensive trade or activity, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

3.) No structure shall be erected on any lot in said subdivision other than a single-family dwelling with an attached garage with modest storage building. Carports and lean-tos and any other similar structure shall not be erected on any residential building lot. No dwelling shall have a height in excess of two stories plus a walkout basement. No storage building shall exceed one story in height and each such building must match the design and decor or the dwelling.

4.) No structure shall be moved onto any lot and all construction must be new construction built or assembled on the premises. No log cabin type construction or underground earth type home construction shall be permitted on any lots in this addition. Construction of all dwellings shall be completed within twelve months of the date the building permit is issued.

5.) No structure of any type shall be erected or constructed on any lot in the addition except a one or two story single family residential dwelling house meeting the following specifications:

a.) Each one story residential structure must have at least 1550 square feet of living space on the ground floor. The term “living space” as used in this document shall be defined to exclude all garage floor space, basement, porch, breeze way, patio, tool and equipment structures, and storage areas or structures.

b.) Each one and on-half story residential structure must have at least 1200 square feet living space on the ground floor.

c.) Each two story residential structure must have at least 1200 square feet of living space on the ground floor.

d.) Each residential structure erected on any lot must have an attached two or three-car garage.

6.) On all residences no more than twelve inches of concrete block or poured concrete foundation shall be exposed on the front of the residence or street side. Also all residences shall have roofs constructed with wooden, concrete shake, or asphalt shingle of 280 pounds or heavier, with a minimum roof slope of 5-12 pitch. Each residence must have at least thirty percent of the front facing exterior covered with bricks or cultured stone.

7.) Prior to occupancy of any dwelling house or residence, the owner of the lot or lots upon which said house is situated shall cause to be installed or constructed a concrete sidewalk, across said lot or lots from one side lot to the other side lot line, so as to run parallel to the street. All sidewalks shall be located, installed and constructed according to the requirements and specifications of the City of Denison, Iowa.

8.) No animals, livestock or poultry of any kind shall be raised or kept in said subdivision, with the exception of two dogs and/or two cats. No animal of any kind shall be raised or kept for sale. The owner of any animal kept in said subdivision shall at all times restrain the animal from running at large, from causing damage to or interfering with private or public property.

9.) No trailer, basement, tent, shack, garage, barn or other outbuilding 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.

10.) No trailers, boats or recreational motor vehicles shall be parked or stored on any lot except within an enclosed garage.

11.) No exposed or exterior television antenna shall be erected, placed or maintained on any lot, except one satellite dish, no larger than eighteen inches in diameter, may be mounted inconspicuously on a residential structure. No such dish shall be mounted in a yard or attached to any other structure except a residential dwelling.

12.) No boundary fence or fence-like barriers, including any solid row of trees or shrubs shall be permitted in the front setback are of any lot. No chain link fence shall encompass more than 300 square feet and must be inconspicuously located on said lot.

13.) No rubbish containers shall be visible from the street except on rubbish collection day.

14.) No mechanical work shall be permitted on any vehicles outside of the garage for over a 24-hour period and no non-operational vehicles shall be stored outside of garage for over a 24-hour period.

15.) The owner of each lot, vacant or improved, shall keep his lot free of weeds and debris. The purchaser and subsequent lot owners shall have an established lawn within twelve months.

16.) No building shall be erected in said subdivision unless the design, location and grade with respect to surrounding lots are in harmony with existing structures and locations in said subdivisions.

17.) The covenants, restrictions, and reservations herein set forth shall continue in force and shall run with the land for a period of twenty years from the date of these covenants and restrictions at which time the said covenants shall be automatically extended for successive period of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change of said covenants in while or in part.

18.) 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 years expires from the date of these covenants and restrictions or during the period of it’s automatic extension 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 to violate any such covenant or restriction and either to prevent him or them from so doing or recover damages other dues for such violations.

19.) Each and every of the covenants, restrictions, and reservations herein contained shall be considered an independent and separate covenanted agreement and in the event any one or more of these shall nevertheless remain in full force and effect. The majority of the then owners of the lots must approve any changes or substitutions to these covenants and restrictions.

Dated this 5th day of September, 2001.