Northwood Heights Second Subdivision

COVENANTS AND RESTRICTIONS FOR NORTHWOOD HEIGHTS SECOND SUBDIVISION IN THE CITY OF DENISON, IOWA

Northwood Incorporated, a corporation organized and existing under the laws of the State of Iowa and having its principal place of business at the City of Denison, Crawford County, Iowa, being the owner of all of the land in Northwood Heights Second Subdivision in the City of Denison, Iowa, hereby covenants and agrees for the benefit of the future owners of said land that the following covenants and restrictions shall be covenants running with the land constituting said subdivision:

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 household gardens shall, however, be permitted. Home occupations shall also be permitted to the extent that home occupations are permitted by the zoning ordinance of the City of Denison, Iowa.

2. No structure shall be erected on any lot in said subdivision other than one detached single-family dwelling, one garage and one storage building. Each lot occupied for residential purposes shall have a one and one half car garage or a larger garage. No dwelling shall have a height in excess of two stories plus a walk-out basement. No detached garage or storage building shall exceed one story in height and each such detached garage or storage building shall match the design and decor of the dwelling.

3. No building shall be erected nearer than 30 feet to the front lot line or nearer than 8 feet to any side lot line.

4. Each dwelling consisting of not more than one story plus a walk-out basement shall have a ground floor living area, exclusive of open porches and garages, of not less than 1,100 square feet. Each dwelling consisting of more than one story plus a walk-out basement shall have a ground floor living area, exclusive of open porches and garages, of not less than 1,000 square feet and a second floor living area of not less than 500 feet.

5. No horses, cattle, goats, sheep, hogs, poultry or other farm animals shall be raised or kept in said subdivision. No animal of any kind shall be raised or kept for sale. No more than two dogs shall be kept on any lot. The owner of any dog kept in said subdivision shall at all times restrain the dog from running at large, from causing damage to or interfering with private or public property, and from causing a disturbance by howling, yelping, whining or barking.

6. 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, either temporary or permanent, nor shall any residence of a temporary character be permitted.

7. No used structure shall be moved onto any lot in said subdivision. All structures shall be of new construction built or assembled on the premises.

8. 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 subdivision.

9. The owner of each lot, vacant or improved, shall keep his lot free of weeds and debris.

10. No noxious or offensive trade shall be carried on upon any lot in said subdivision or shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

11. An easement for drainage and for the installation and maintenance of utilities is reserved on the lots in said subdivision as shown on the plat. No structure, planting or other obstruction which may damage or interfere with the installation or maintenance of utilities shall be placed or permitted to remain in the easement area of any lot.

12. All electrical, telephone and cable television wires and cables installed in said subdivision shall be installed underground.

13. These covenants and restrictions shall run with the land whether or not reference to them is made in any deed or other instrument affecting the land and they shall be binding upon the above named owner and upon all persons owning or having possession of any land in said subdivision until December 31, 2000. After December 1, 2000, these covenants and restrictions shall be automatically extended for successive periods of ten years unless an instrument signed by the owners of a majority of the lots in said subdivision and agreeing to change these covenants and restrictions has been recorded.

14. If the above named owner or any person owning or having possession of any land in said subdivision shall violate or attempt to violate any of these covenants and restrictions, it shall be lawful for any other person or persons owning or having possession of any land in said subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate such covenant or restriction, either to prevent him or them from so doing or to recover damages for such violation.

15. Invalidation of any of these covenants and restrictions by judgment or other order shall in no wise affect any of the other provisions hereof, which shall remain in full force and effect.

IN WITNESS WHEREOF we have caused this instrument to be duly executed this 24th day of October, 1980.