.8" .3* ARTICLES OF INCORPORATION OF DEER CREEK HILLS HOMEOWNERS' ASSOCIATION. INC. The undersigned incorporator, desiring to form a corporation (hereinafter referred to as the "Corporation") pursuant to the provisions of the Indiana Not-For-Profit Corporation Act of 1971 (hereinafter referred to as the "Act"), executes the following Articles of Incorporation. ARTICLE I • Name The name of the Corporation is "Deer Creek Hills Homeowners' Association, Inc." ARTICLE II Section 1. Purposes. The purposes for which the Corporation is formed are: (a) To engage in and operate a not-for-profit .organization as exempt under Section 501(c)(4) for the purpose of owning and maintaining roadways and other community property that services Deer Creek Hills Addition and Deer Creek Hills - 2ND Addition; and to do everything necessary, proper, advisable or convenient for the accomplishment of the purposes hereinafter set forth and to do all other things incidental to them or connected with them that are not forbidden by the Act, by other law or by these Articles of Incorporation. Section 2. Powers. The Corporation shall have the capacity to act possessed by natural persons, but shall have authority to perform only such acts as are necessary, convenient or expedient to accomplish the purposes for which it is formed and as are not repugnant to the Act, to other law or to these Articles of Incorporation; and the Corporation shall have and exercise the following powers, subject to any limitations or restrictions imposed by the Act, by other law or by these Articles of Incorporation (including without limitation the not-for-profit purposes of the Corporation): (a) To elect or appoint Officers and agents and to hire employees, to define their duties and to fix their reasonable compensation for services actually rendered; (b) To indemnify any person who is or was a Director, Officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a Director, Officer, employee or agent of another corporation, partnership, Joint venture, trust or other enterprise, against expenses actually and reasonably incurred by him in connection with the defense of any action, suit or proceeding, civil or criminal, in which he is made, or threatened to be made, a party by reason of being or having been in any such capacity or arising out of his status as such, j=sx£gp_t in relation to RESTRICTIVE COVENANTS FOR NORTHRIDGE FARMS The undersigned, Bret D. Hurley, as Owner and Developer of certain real estate being described on Exhibit "A", does hereby restrict such real estate as to the whole or any part thereof, and to our Grantees, assigns, successors, heirs or legal representatives and to any person, persons, corporations, banks, associations and/or anyone who may obtain title to any portion of such real estate, as to the following terms, stipulations, conditions, restrictions and covenants to-wit: 1. Definitions. "Committee" shall mean the Architectural Control Committee composed of Bret D. Hurley or his duly authorized representatives, all of whom shall serve without compensation for services performed as committee members. In the event of the death or resignation of any member of said committee, the remaining member or members shall have full authority to perform the duties of the committee, or to designate a representative with like authority, who must be an owner of a lot or other area in this subdivision. Upon the sale of seventy-five (75%) percent of the lots of Northridge Farms, the Architectural Control Committee shall be transferred to three (3) owners of Northridge Farms. 2. Dwelling Size. The ground floor area of any dwelling, exclusive of one- story open porches and garages, shall be not less than 1800 square feet for a one-story dwelling and not less that 2200 square feet for a multi-story dwelling. The ground floor area of the main structure of any two-story dwelling, excluding garages and one-story porches, deck and patios shall be not less than 1200 square feet. Tri-level square footage is at the discretion of the Committee, but shall not be less than the minimum of a one-story dwelling. 3. Dwelling Exterior. The exterior of the first floor of any dwelling shall be brick or masonry. 4. Architectural Control. No building, either on a platted lot or within a Conservation Area, shall be erected, placed, or altered on any on any lot until the Builder, construction plans and specifications, and a plan showing the location of the structure have been approved by the Committee as to quality of the workmanship and materials, harmony of external designs with existing structures, and as to location with respect to topography and finish grade. 5. Exclusive Builders. Any residential structure shall be built by a builder or company approved by the Committee. Approval of any builder or company is at the sole discretion of the Committee. 6. Pools. All swimming pools shall be in ground and shall require approval by the Committee prior to construction or installation. Any swimming pool shall be properly fenced so as to protect the safety of others. Prior to erection, such fence shall be approved by the Committee. No other fencing shall be allowed unless approved by the Committee. 7. Culverts. Each owner shall install a 12 inch diameter culvert that is at least 20 feet in length at the road entrance for the private driveway and shall maintain such culvert to assure its purpose. 8. Maintenance of Common Driveways. Common driveways are to be graded and supplemented with stone annually to assure a smooth traveling surface. All depressions over 6 inches in diameter and or 2 inches in depth are to be immediately graded out and filled with stone. 9. Storage Tanks. Any gas or oil storage tanks used in connection with a Lot shall be either buried or located in such a way that they are completely concealed from street view. 10. Roof Pitch. The roof pitch of all dwellings and out buildings located on any tract shall be not less than a 7/12 pitch. 11. Home Occupation. If approved by the Putnam County Board of Zoning Appeals, a home occupation is allowed. 12. Outbuildings. Each tract of real estate, under one ownership, shall have no more than two outbuildings located thereon. The Committee shall approve any such buildings prior to location on any tract and the owners of the respective tracts shall keep the outbuildings in a state of good repair and appearance. 13. Driveways. Residential driveways may be constructed of a surface consisting of gravel, concrete or asphalt from street to garage. Any driveway to an outbuilding may be gravel. 14. Animals. The usual pet animal, bird, pony, horse, or 4-H project, except hogs, shall be permitted without committee approval. All other animals sought to be raised or maintained on any lot shall require Committee approval. No dogs shall be permitted to run at large. 15. Disaster. Any structure that is externally damaged by fire, tornado or other disaster shall be repaired or removed within six (6) months of such occurrence. 16. Nuisance. No noxious or offensive activity shall be carried out or allowed to be carried out on any lot, nor shall anything be done or allowed to be done thereon which may become or be an annoyance or nuisance to the residents of the Development. No disruption to neighbors is permitted after midnight. 17. Residential. No Lot shall be used except for residential purposes, other than as allowed in paragraph 8 herein. 18. Trash. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All waste shall be kept in sanitary containers or incinerator or other equipment for the storage or disposal of such material and shall be kept in an enclosed structure as approved by the Committee. 19. Temporary Structures. No basement, shed, garage, barn or other outbuilding erected upon said property shall be used as residence temporarily or permanently. All dwellings must be fully completed on the exterior before being occupied. 20. Hunting. Hunting, other than by bow, shall be prohibited on the buildable lots; all Conservation Areas as shown on the plat are excluded from this profession. 21. Clothes Lines. Permanent, collapsible or removable clothes lines will be permitted in the back yard. 22. Trash Burning, Trash burning is prohibited on any lot in the subdivision, homeowners are permitted to burn leaves. 21. Maintenance. Owners, other than the undersigned, of unoccupied lots shall at all times keep and maintain such lots in this subdivision in an orderly manner, cause weeds and other growth to be cut and prevent accumulation of rubbish and debris thereon. 22. Utilities. All utilities for all dwellings will be underground. 23. Roadway Contribution. The owners of Secondary Conservation Area B, Primary Conservation Area C and Secondary Conservation Area D shall pay to the Northridge Farms Homeowners Association the sum of $600.00 each year as a contribution toward maintenance of the roadways in the subdivision. Such sum shall be paid not later than March 1 of each year. Failure to make such payment shall entitle the Northridge Farms Homeowners Association to file a lien therefore and bring an action for payment including the costs thereof and attorney fees incurred. 24. Dedication of Roadways. The Developer reserves for himself or the Northridge Farms Homeowners Association the right to dedicate the roadways to the public without need of consent or joinder by the owners of lots within the development. 25. Notice of Farm: All lots in the development are hereby placed on notice that real estate adjoining this subdivision has working farms and may have livestock and chemicals. 26. Notice of Mining: All lots in the development are hereby placed on notice that real estate near this subdivision has a mining and quarry operation, which includes blasting. 27. Covenants for maintenance assessments through Northridge Farms Home Owners Association. A. Creation of the Lien and Personal Obligation of Assessments. The Developer, being the owner of Northridge Farms, hereby covenants, and each subsequent owner of all Lots, by acceptance of a deed: of conveyance, shall be deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges; (2) Special assessments for capital improvements, such assessments to be fixed, 1 .established, and collected from time to time as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. B. Purposes of Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the owners of all Lots and in particular for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the roads and Primary Conservation Area C situated upon the development including, but not limited to, the payment of taxes and insurance thereof and repair, replacement, maintenance, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof excluding items covered under paragraph 10 herein. C. Basis and Amount of Annual Assessments. The original assessment pursuant to the Covenants of Northridge Farms Home Owners Association, shall be in the amount of $200.00 per each lot sold by the Developer, its representatives or assigns, by land contract or deed and assessment shall be distributed evenly against each lot. All such assessments shall be paid to the Treasurer of the Northridge Farms Home Owners Association. From all such assessments, the Association shall pay for the cost of maintenance repair, upkeep, management and operation of the roads and Primary Conservation Area A as required in the By-Laws of Northridge Farms Home Owners Association. In no event shall any assessment or charge or special assessment as provided below be levied against or be due from developer for any lots owned by them or otherwise. D. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section C hereof, the Association may levy in any assessment year on each lot sold by the Developer, its representatives or assigns, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements. Provided any such assessment shall have the affirmative vote of two—thirds (11V) of the votes of all voting members who are voting in person or by proxy at a meeting duly called for this purpose written notice of which shall be sent to all members at least thirty (30) days m advance and shall set forth the purpose of the meeting. B Change in Basis and Maximum nf Annual Assessments. Subject to the limitations of Section C hereof, and for the periods therein specified, the Assertion may change the maximum and basis of the assessments fixed by Section C hereot prospectively for any such period provided that any such change shall have the assent of two-thirds (2/3) of the voting members who are voting m person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting. p Quorum for Any Action Authorized under Sections D and_E, The quorum required for any action authorized by Sections D and E hereof shall be as follows: At the first meeting called as provided in Sections D and E hereof, the presence at the meeting of Members or of proxies entitled to cast sixty percent (60%) of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement as set forth in Sections U and E, and the required quorum at any such subsequent meeting shall be one—half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. G. Date of Commencement of Annual Assessments. Due Dates. The initial annual assessments, provided for herein, shall commence on the first day of the month following conveyance of a lot to an owner. The Assessment for each succeeding year shall become due and payable on the first day of April of each year. No adjustments or pro-rations of assessments shall be made by the Association. For the purposes of levying the assessment, assessments shall be considered as paid in advance and shall be levied against any lot which is subject to these Restrictions. The due date of any special assessment under Section U hereof shall be fixed in the Resolution authorizing such assessment. H. Duties of the Board of Directors. The management, affairs and policies of the Association shall be vested in the Board of Directors. The Board of Directors of the Association shall prepare a roster of the properties and assessments applicable-thereto at least thirty (30) days in advance of such assessment due date. Such assessment roster shall be kept in the office of the Association. Written notice of the assessment shall thereupon be sent to every owner subject thereto. The Association shall upon demand at any time furnish to any owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Said certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. I- Effect of Non-Pavment of Assessment. The Personal Obligation of the Owner; The Lien: Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section G hereof), then the assessments and costs of collection thereof as hereinafter provided, shall thereupon become a continuing lien of the property which shall bind such property in the hands of the then owner, his heirs, devises, personal representatives and assigns. If the assessment is not paid thirty (30) days after the delinquency date, a penalty fee not to exceed $10.00 shall be added thereto and from the date interest at the rate of eighteen percent (18%) per annum may be added to the delinquent balance and penalty and the Association may bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property. There shall be added to such assessment, delinquent tee and interest the cost of preparing and filing a Complaint in such action; and in the event of Judgment, such judgment shall include interest on the total amount as above provided and reasonable attorney's fee action. J. Subordination of the Lien to Mortgages. The lien of the assessments provided for therein shall be subordinate to the lien of any mortgage or mortgages now or hereinafter placed upon the properties subject to assessments; provided however that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuan to a decree of foreclosure! or any other proceeding in lieu of foreclosure. Such -le or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien or any such subsequent assessment. The following property, subject to this Declaration shall be K e assessments, charge and Hen c carge an en created herein; (a) all properties c t e d by to the extent of any easement or other interest therein dedicated and accepted b the local public authority and devoted to the public use; (b) all Common Areas of the development; (c) all properties exempted from taxation by the laws of the State of Indiana upon the terms and to the extent of such legal exemption; (d) all properties owned by the Developer, its successor and assigns, and held by them or any of them for sale or resale, including any lots which may have been reacquired by the Developer. Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges and liens. L. Voting. Board and Developer. Each owner of a lot in the Development of Northridge Farms shall be a member of said association and shall have one (1) vote for all matters coming before the association including the selection of a Board of Directors, which shall consist of not less than one (1) or more than nine (9) members and which shall assume their duties upon expiration of the term of the Initial Board of Directors which shall consist of one (1) member, Bret D. Hurley, which Initial Board shall serve until the sale of __ lots in the Development. Amendments^ This Declaration may be amended at any time by the owners of at least two thirds of the Lots in encumbered hereby. Each such amendment must be evidenced by a written instrument signed and acknowledged by the owners or owner concurring therein, setting forth facts sufficient to indicate compliance with this paragraph, and recorded in the Putnam County Recorder's office. As used herein, the term "lot" means a lot depicted on the plat. 29. Enforcement. Any Owner of any Lot or Lots in this subdivision may initiate any proceeding at law or equity against any person or persons violating or attempting to violate any covenant herein. Furthermore, Bret D. Hurley or his duly authorized representatives as Developers of said real estate may initiate any proceeding at law or equity against any person or persons violating or attempting to violate any provision within this Declaration. The successful party to any such action shall recover attorney fees and costs incurred in such action. A violation of any restriction herein will not result in reversion or forfeiture of title. If any Owner of a Lot in this subdivision shall fail to maintain his Lot and/or any improvements situated thereon, or fail to construct sidewalks in accordance with these restrictive covenants, the Committee shall have the right, but not the obligation, by and through its agents and employee contractors, to enter upon said Lot and repair, mow, clean, or perform such other acts as may reasonable or necessary to make said Lot, and/or any improvements situated thereon, conform to the requirements of these restrictions. The cost thereof to the Committee shall be collected in any reasonable manner from the Owner. Neither the Committee nor any of either of its agents, employees, or contractors shall be liable for any damage that may result from any maintenance or other work performed hereunder. Any fine so assessed against any Lot, together with interest and other changes or costs as hereinafter provided, shall become and remain a lien upon that Lot subordinate only to the lien of a first mortgage until paid in full, and shall also be a personal obligation of the Owner or Owners of that Lot. Such charge shall bear interest at the rate of eighteen percent (18%) per annum until paid in full. If, in the opinion erf the Committee such charge has remained due and payable for an unreasonable long period of time, the Committee may institute such procedures, either at law or in equity, by foreclosure or otherwise, to collect the amount owed in any court of competent jurisdiction. The Owner of the Lot or Lots' subject to the charge, shall, in addition to the amount of the charge due at the tnne lega, action is instituted, be obligated to pay any expenses or costs, including attorney fees, incurred by the Committee in collecting the same. Every Owner of a Lot in this subdivision, and any person who may acquire any interest in such Lot, whether as an Owner or otherwise, is hereby notified, and by acquisition of such interest agrees, that any such liens which may exist upon said Lot at the tune of the acquisition of such interest are valid liens and shall be paid. Every person who shall become an Owner of a Lot in this subdivision is hereby notified that by the act of acquiring, making such purchase or acquiring such title, such person shall be conclusively held to have covenanted to pay all fines that shall be made pursuant to this paragraph. The Committee assumes no liability, jointly or severally, for decisions rendered pursuant to these covenants. 30. Severability. Invalidation of any one of these covenants by court order shall not affect any of the other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, the said Bret D. Hurley, as owner of said real estate have hereunto set their hands and seals this ___ day of ________, 200_. Bret D. Hurley STATE OF INDIANA ) )SS: ___________COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared Bret D. Hurley, who acknowledged the execution of the foregoing Instrument, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this ____ day of _______, 200_. My Commission Expires: __________________ Signature of Notary Public County of Residence: Printed Name of Notary Public This instrument was prepared by Lee T. Comer, Attorney-at-Law, P.O. Box 207, Danville, IN 46122, (317- 745-4300).