DECLARATION OF RESTRICTIONS

FOR OZARK MEADOWS, SECTION ONE PROPERTY OWNERS ASSOCIATION, INC (aka

OZARK MEADOWS HOME OWNERS' ASSOCIATION)

Table of Contents

Article I – Statement of Purpose and Imposition Page No.

Of Covenants 1

1 1.1 Imposition of Covenants 1

1.2 Statement of Purpose and Intent 2

1.3 Expansion 2

Article II – Definitions 2

Article III - Dedication of Common Area 2

3.1 Dedication of Common Area 2

Article IV – Land Use Restrictions 3

4.1 Residential Use Only 3

4.2 Livestock 3

4.3 Mobile Homes 3

4.4 Construction and Area Size 3

4.5 Disposal of Sanitary Waste 3

4.6 Water Service 3

4.7 Roadways 3

4.8 Subdivision of Lots 4

4.9 Ditches and Swales 4

4.10 Excavation 4

4.11 Drainage 4

4.12 Trash 4

4.13 Blasting 4

4.14 Temporary Structures 4

Article V – Easements and Reservations 4

5.1 Recorded Easements 4

5.2 Easements for Encroachments 4

5.3 Utility Easements 5

5.4 Reservation for Expansion 5

5.5 Reservation of Easements, Exceptions, and Exclusions 5

5.6 Maintenance Easement 6

5.7 Drainage Easement 6

5.8 Declarant’s Rights Incident to Construction 6

5.9 Partition or Combination of Lots 6

5.10 No Partition of Common 7

5.11 Maintenance of Easement Areas 7

Page No.

Article VI – Design Review Committee 7

6.1 Membership 7

6.2 Purpose 7

6.3 Organization and Operation of Committee 8

6.4 Expenses 8

6.5 Design Guidelines and Rules 8

6.6 Limitation of Liability 9

6.7 Certificate of Compliance 9

Article VII – Construction And Alterations Of Improvements 9

7.1 General 9

7.2 Approval Required 9

7.3 Removal of Nonconforming Improvements 10

Article VIII – Property Use Restrictions 10

8.1 General Restrictions 10

8.2 Motorized Vehicles 10

8.3 Signs 10

8.4 Animals and Pets 10

8.5 No Outside Clotheslines 11

8.6 Parking and Auto Repair 11

8.7 Abandoned, Inoperable or Oversized Vehicles 11

8.8 Antennae 11

8.9 Outside Burning 11

8.10 Noise 11

8.11 Obstructions 11

8.12 Continuity of Construction 12

8.13 Nuisance 12

8.14 Garage Sales and Moving Sales 12

8.15 Storage Facilities 12

8.16 Fences 12

8.17 General Practices Prohibited 12

8.18 Leasing 13

Article IX – Maintenance. 13

9.1 Association's Responsibility 13

9.2 Owner's Responsibility 13

Article X – Expansion 13

10.1 Reservation of Right to Expand 13

10.2 Declaration of Annexation 14

10.3 Incorporation of Adjoining Lands 14

Page No

Article XI – FHLMC Requirements 14

11.1 FHLMC Approval Requirements 14

11.2 Mortgagee's Rights 15

Article XII – Enforcement of Covenants 15

12.1 Violations Deemed a Nuisance 15

12.2 Compliance 15

12.3 Failure to Comply 15

12.4 Who May Enforce 15

12.5 Remedies 15

12.6 Nonexclusive Remedies 15

12.7 No Waiver 15

12.8 No Liability 15

12.9 Recovery of Costs 15

Article XIII – Resolution of Disputes 16

13.1 Resolution of Disputes 16

Article XIV – Duration Of These Covenants 16

14.1 Term 16

Article XV – Grantee's Acceptance 16

15.1 Acceptance 16

15.2 Binding 16

Article XVI – Assignment 16

16.1 Assignment 16

Article XVII – Amendments To Declarations of Restrictions 17

17.1 Amendment 17

17.2 Amendment to Comply With Law 17

17.3 When Modifications Permitted 17

17.4 Notice of Amendment 17

17.5 Effective on Recording 17

17.4 Notice of Amendment 17

17.5 Effective on Recording 17

Article XVIII Principals of Interpretation 17

18.1 Severability 17

18.2 Construction 17

18.3 Headings 17

18.4 Notice 17

18.5 Waiver 18

Page No

18.6 Limitation of Liability 18

18.7 Conflicts Between Documents 18

In Witness Whereof 18

Exhibit A 19

1 DECLARATION OF RESTRICTIONS

FOR

OZARK MEADOWS, SECTION ONE,

PROPERTY OWNER’S ASSOCIATION, INC.

(aka OZARK MEADOWS HOME OWNERS’ ASSOCIATION)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, OZARK MEADOWS lNC., a Missouri Corporation, hereinafter referred

to as "Declarant" or "Developer" is the owner of certain real property located in Miller

County, Missouri, more particularly described as, follows:

See the attached Exhibit “A”

Included within Exhibit “A” are the following subdivisions:

All of Ozark Meadows, Section One, Lots l thru 30, according to the plat thereof

on file and of record at Plat Book 8, Page 26, recorded on 2/ 1 1/93 in the Office of

the Recorder, Miller County, Missouri.

All of Ozark Meadows, Section Two, Lots 3l thru 62, according to the plat

thereof on file and of record at Plat Book 8, Page 32 recorded on 12/1/93 in the

Office of the Recorder, Miller County, Missouri.

All of Ozark Meadows, Section Three, Lots 63 thru 97, according to the plat

thereof on file and of record at Plat Book 8, Page 41 recorded on 8/ 8/94 in the

Office of the Recorder, Miller County, Missouri.

Subject to all Restrictions, Reservations and Easements of record.

AND WHEREAS, it is the desire of the Declarant and the Association to insure

continuity and conformity in the use and enjoyment of the real property described

hereinabove.

ARTICLE I

STATEMENT OF PURPOSE AND

IMPOSITION OF COVENANTS

1.1 Imposition of Covenants: Declarant and the Association hereby makes, declares and

establishes the following covenants, conditions, restrictions and easements (hereinafter

“Covenants”). From the date of recording of the within instrument in the Office of the Recorder

of Deeds of Miller County, Missouri, all the land and any portion thereof is held and shall be

conveyed, hypothecated, or encumbered, leased, rented, used, occupied, and improved, subject to

the provisions of these Covenants. The provisions of these Covenants shall create mutual

equitable servitudes upon each of the lots, tracts and parcels within the above described property,

and in favor of each and all said lots, tracts and parcels, to create reciprocal rights between the

2 respective owners of all such lots, tracts and parcels, to create a privity of contract and estate

between the grantees of such lots, tracts and parcels, their heirs, successors, and assigns, and

shall as to the owner of each lot, tract or parcel, his heirs, successors, and assigns, operate as

covenants running with the land for the benefit of each and all other such lots, tracts and parcels

within the above described property and the respective owners thereof.

1.2 Statement of Purpose and Intent: These Covenants are imposed for the benefit of all

owners of lots, tracts or parcels located within the above described Property, and are declared to

be in furtherance of a plan for the development, improvement, and sale of said lots, tracts and

parcels, and are further established for the purpose of enhancing and protecting the value,

desirability and attractiveness thereof; preventing any future impairment of the Property, and

preserving, protecting, and enhancing the values and amenities of the Property. Declarant intends

to encourage the construction of attractive permanent improvements of advanced technological,

architectural, and engineering design, appropriately located to preserve the harmonious

development of the Property. Declarant desires and intends to develop a quality senior citizen

residential project on the Property to consist of residential facilities and recreational facilities and

amenities.

1.3 Expansion: Certain parcels of land within the Property have been planned for development

in the future but no assurance is expressed or intended that such development shall occur. In

addition, Declarant specifically reserves the right, but shall be under no obligation, to add

adjacent parcels of land to the overall project by recording an amendment to the within

instrument. In such event, parcels added shall be subject to these Covenants and may be subject

to additional covenants set forth in the recorded amendment. Owners of land adjoining the

Property shall also have the right to annex such land to the Property and submit such land to

these Covenants after obtaining the approval of the Property Owners’ Association, as provided

hereinafter.

ARTICLE II

DEFINITIONS

Refer to ARTICLE II DEFINITIONS contained in the By-Laws for this information.

ARTICLE III

DEDICATION OF COMMON AREA

3. 1 Dedication of Common Area: Declarant may hereafter deed to the Association certain parts

of the Property intended for common use by the Owners in Ozark Meadows. Such designated

areas are intended for the common use and enjoyment of Members and their family, tenants,

employees, guests and invitees.

3

ARTICLE IV

LAND USE RESTRUCTIONS

Lots and parcels of the real property as described hereinabove shall be subject to the

following restrictive covenants and other provisions of this declaration relating to the permissible

uses and development, to-wit:

4.1 Residential Use Only: The lots within Ozark Meadows, Section One, Section Two, and

Section Three, shall be for single family residential purposes only.

4.1.1 To occupy a residence one person must be fifty-five (55) years of age and other residents

must be at least fifty (50) years of age. To the extent that the enforcement of this provision at law or

equity shall be violative of any local, state or federal law or regulation, this provision shall be declared

void and no legal effect only to the extent necessary to comply with such local, state or "federal rule or

regulation. In such instance of invalidity, this provision shall be independent of and severable from the

remaining provisions of these restrictions which

shall continue in full force and effect.

4.2 Livestock: There shall be no livestock kept or maintained on any lot except usual household

pets, which shall be kept confined within each residence and subject to the rules of the

Association and as set forth herein.

4.3 Mobile Homes: No building except a single family dwelling shall be erected or permitted on

any lot, or any part thereof. No trailer, mobile home or modular housing structure (regardless of

its lack of mobility) shall be placed thereon.

4.4 Construction and Area Size: There shall not be more than one structure constructed on any

lot within the aforedescribed property. All improvements placed upon the land shall be subject to

prior architectural approval by the Design Review Committee. No improvement of any nature

whatsoever, including landscape fences, patios, decks, accessory buildings or pergolas, shall be

placed upon the land without obtaining first the written approval of the Design Review

Committee as to location, size, and quality of materials and construction. Permission for the

construction of improvements upon any parcel of real property within the aforedescribed

property shall not be unreasonably withheld. The minimum area of living space within a single

family dwelling shall be 1190 square feet on one level.

4.5 Disposal of Sanitary Waste: Owners of lots and parcels shall be hooked up to and shall

utilize the sewage and wastewater system owned by the City of Osage Beach. In no event shall

any outside toilets or privies be allowed on any lot or parcel of land except during construction

of buildings or facilities.

4.6 Water Service: Owners of lots and parcels shall be hooked up to and shall utilize the water

service system owned by the City of Osage Beach.

4.7 Roadways: All roadways shown on the plat of Ozark Meadows, Section One, Section Two,

and Section Three shall be for ingress, egress and the installation and maintenance of utilities and

shall be for the use and benefit of the property owners within the real property known generally

as “Ozark Meadows”. All roadways have been dedicated to the City of Osage Beach as public

roads.

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4.8 Subdivision of Lots: No lot or parcel within the aforedescribed real property shall be further

subdivided by the owners thereof without prior written approval of the Board of Managers.

4.9 Ditches and Swales: Each owner shall keep drainage ditches and swales located on his lot or

parcel within the aforedescribed real property free and unobstructed and in good repair and shall

provide for the installation of such culverts upon his lot as may be reasonably required for proper

drainage over, across and around his lot as required by Declarant or the Board of Managers.

4.10 Excavation: No excavation shall be made except in connection with improvements

approved as provided in these covenants. For purposes of this Section, “excavation” shall mean

any disturbance of the surface of the land (except to the extent reasonably necessary for

approved landscape planting) which results in a removal of earth, rock, or other substance a

depth of more than 18 inches below the natural surface of the land.

4.11 Drainage: No Owner shall do or permit any work, construct any Improvements, place any

landscaping, or suffer the existence of any condition whatsoever which shall alter or interfere

with the drainage pattern for the Property, except to the extent such alteration and drainage

pattern is approved in writing by the Design Review Committee or the Board of Managers, and

except for rights reserved to Declarant to alter or change drainage patterns.

4.12 Trash: No trash, ashes, garbage, yard waste or other refuse shall be thrown or dumped on

any building or land or area within the Property. There shall be no burning or other disposal of

refuse out of doors. Each Owner shall provide suitable receptacles for the temporary storage and

collection of refuse, and all such receptacles shall be screened from the public view and from the

wind and protected from animal and other disturbance.

4.13 Blasting: No blasting is permitted on any lots, tracts or parcels of land located within the

above described Property.

4.14 Temporary Structures: No temporary structures shall be permitted except as may be

determined to be necessary during construction and as specifically authorized by the Board of

Managers or the Design Review Committee.

ARTICLE V

EASEMENTS AND RESERVATIONS

5.1 Recorded Easements: The property and all portions thereof shall be subject to

any and all easements shown on any recorded Plat affecting the Property or any portion thereof,

and to any other easements of record or of use as of the date of recordation of this Declaration.

5.2 Easements for Encroachments: The Property and all portions thereof shall be subject to an

easement for the actual extent of encroachments created by construction as designed or

constructed by the Declarant or any Owner and for settling, shifting, and movement of any

portion of the Property, except that no such easement is created for an encroachment which is the

result of willful conduct on the part of Declarant, an Owner, a Tenant, the Association, or any

other person or entity. A valid easement for any encroachments and for their maintenance shall

exist. Such encroachments shall not be considered to be encumbrances upon any part of a

Project. Encroachments referred to include, but are not limited to, encroachments caused by error

in the original construction of Improvements on any Lot, by settling, rising, or shifting of the

5 earth, or by changes in position caused by repair or reconstruction of any Improvements on the

Property.

5.3 Utility Easements: Declarant does hereby retain the following easements for the purposes of

development:

5.3.1 A Utility easement twenty (20) feet wide along each side of each and every lot line

that adjoins a road or street roadway within said Subdivision and ten (10) feet along each

and every lot line not adjoining a road or street, and a drainage easement ten (10) feet

wide along each and every lot line or parcel of real property within the real property as

aforedescribed, including the right of ingress or egress to the extent reasonably necessary

to exercise such easement.

5.3.2 There is hereby created a general easement upon, across, over, in and under the

Property for ingress and egress and for installation, replacement, repair, and maintenance

of all utilities, including but not limited to water, sewer, telephone, electrical, and

communications. By virtue of this easement, it shall be expressly permissible and proper

for the companies providing such utility and communication services to install and

maintain necessary equipment on the Property and to affix and maintain electrical,

communications, and telephone wires, circuits, and conduits under the Property. No

water, sewer, telephone, electrical, or communications lines, systems or facilities may be

installed or relocated on the surface of the Property unless approved by Declarant or by

the Design Review Committee. Such utilities temporarily may be installed above ground

during construction, if approved by the Declarant or the Design Review Committee. Any

utility company using this general easement shall use its best efforts to install and

maintain the utilities provided without disturbing the uses of the Owners, the Association

,and Declarant; shall prosecute its installation and maintenance activities as promptly and

expeditiously as reasonably possible; and shall restore the surface to its original condition

as soon as possible after completion of its work. Should any utility company furnishing a

service covered by the general easement request a specific easement by separate

recordable document, either Declarant or the Association shall have, and are hereby

given, the right and authority to grant such easement upon, across, over, or under any part

or all of the Property without conflicting with the terms of this Declaration. This general

easement shall in no way affect, avoid, extinguish, or modify any other recorded

easement on the Property.

5.4 Reservation for Expansion: Declarant hereby reserves to itself and for Owners of Lots in all

future phases of Ozark Meadows a perpetual easement and right-of-way for access over, upon,

and across the Property for construction, utilities, drainage, and ingress and egress. The location

or relocation of these easements and rights-of-way must be approved and documented by

Declarant or the Association by recorded instruments.

5.5 Reservation of Easements. Exceptions, and Exclusions: Declarant reserves to itself and

hereby grants to the Association the concurrent right to establish from time to time, by

declaration or otherwise, utility and other easements, permits, or licenses over the Common

Areas, for purposes including but not limited to streets, paths, walkways, drainage, recreation

areas, parking areas, conduit installation areas, and to create other reservations, exceptions, and

exclusions for the best interest of all the Owners within Ozark Meadows as initially built and

expanded. Declarant further reserves the right to establish from time to time, by dedication or

6 otherwise, utility and other easements, and to create other reservations, exceptions and

exclusions convenient or necessary for the use and operation of any other property of the

Declarant, as long as such action does not hamper the enjoyment of Ozark Meadows, as built or

expanded, by the Owners.

5.6 Maintenance Easement: An easement is hereby reserved to the Declarant, and to the

Association, and any member of the Board of Managers, and their respective officers, agents,

employees, and assigns, upon, across, over, in, and under the Lots and Project Parcels and a right

to make such use of the Lots, and Project Parcels as may be necessary or appropriate to make

emergency repairs or to perform the duties and functions which the Association is obligated or

permitted to perform pursuant to this Declaration and related documents or the Project

Documents, including the right to enter upon any Lot, Building Site, or Project Parcel for the

purpose of performing maintenance to the landscaping or the exterior of Improvements to such

Lot, Building site, or Project Parcel as required by this Declaration and related documents or the

Project Documents.

5.7 Drainage Easement:

5.7.1 A ten (10) foot wide easement is reserved running along the inside of all lot lines

coincident with any roadway right-of-way lines for purpose of cutting, filling, drainage

and maintenance of slopes and drainage courses.

5.7.2 An easement is hereby reserved to Declarant and to the Association, its officers,

agents, employees, successors, and assigns to enter upon, across, over, in, and under any

portion of the Property for the purpose of changing, correcting, or otherwise modifying

the grade or drainage channels of the Property so as to improve the drainage of water.

Best efforts shall be made to use this easement so as not to disturb the uses of the

Owners, the Association and the Declarant, as applicable, to the extent possible, to

prosecute such drainage work promptly and expeditiously, and to restore any areas

affected by such work to a sightly and usable condition as soon as reasonably possible

following such work. Declarant or its officers, agents, employees, successors and assigns

must inform and obtain the approval of the Board prior to undertaking such drainage

work, which approval shall not be unreasonably withheld.

5.8 Declarant's Rights Incident to Construction: Declarant, for itself and its successors and

assigns, hereby retains a right and easement of ingress and egress over, in, upon, under, and

across the Common Areas and the Project Common Areas and the right to store materials

thereon and to make such other use thereof as may be reasonably necessary or incident to the

construction of the Improvements on the Property or the Adjoining Land; provided, however,

that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere

with the occupancy, use, enjoyment, or access to an Owner’s Lot or other facility or

improvement by that Owner or his family, tenants, employees, guests or invitees.

5.9 Partition or Combination of Lots No part of a Lot may be partitioned or separated from

any other part thereof, and no Lots may be combined, except as provided in this Section. A Lot

may be subdivided into two Lots: or two or more Lots may be combined into one, only with the

written consent of the Association and with full compliance with all applicable state law, local

governmental regulations, and all applicable Project Documents. Association’s consent shall be

conditioned, among other conditions, upon payment by the Owner or Owners concerned of all

7 expenses incident to giving the consent, including legal, recording and accounting fees. Every

agreement and recorded instrument for subdivision or combination of Lots shall make adequate

provision for the Assessments appurtenant to or imposed on such Lots. Whether subdivided,

combined, or unchanged, each Lot shall be conveyed, transferred, gifted, devised, bequeathed,

encumbered, or otherwise disposed of, as the case may be, with all appurtenant rights and

interests created by law or by this Declaration, including the Owner’s membership in the

Association and the right to use the Common Areas, and with the appropriate adjustments to the

voting rights, and liability for Assessments as established for such type of Lot by the Board

being made as applicable.

5.10 No Partition of Common Areas: The Common Areas shall be owned by the Association

after conveyance, if any, by Declarant, and no Owner shall bring any action for partition or

division of the Common Areas. By acceptance of a deed or other instrument of conveyance or

assignment, each Owner shall be deemed to have specifically waived such Owner’s rights to

institute or maintain a partition action or any other action designed to cause a division of the

Common Areas, and this Section may be pleaded as a bar to any such action Any Owner who

shall institute or maintain any such action shall be liable to the Association for its costs,

expenses, and reasonable attorneys’ fees in defending any such action.

5.11 Maintenance of Easement Areas: Any parcel or lot affected by the aforedescribed

easements reserved herein shall be maintained continuously by the owner of such lot or parcel.

No structures, plantings, or other materials shall be placed or permitted to remain or other

activities undertaken thereon which may damage or interfere with the use of said easements for

the purpose herein set forth.

ARTICLE VI

DESIGN REVIEW COMMITTEE

6.1 Membership: There is hereby established a Design Review Committee which shall be

responsible for the establishment and administration of Design Guidelines to carry out the

purposes and intent of this Declaration. The Committee shall be composed of three persons, who

need not be Members of the Association. All of the members of the Committee shall be

appointed, removed, and replaced by the Board of Managers in their sole discretion.

6.2 Purpose: The Committee shall review, study and either approve or reject proposed

improvements on the property, all in compliance with this Declaration and as further set forth in

the rules and regulations of the Committee.

6.2.1 The Committee shall exercise its best judgment to see that all improvements

conform and harmonize with any existing structures as to external design, quality and

type of construction, materials, color, location on the Building Site, height, grade and

finished ground elevations, and all aesthetic considerations set forth in the Declaration.

6.2.2 No building or improvement on the property shall be erected, placed or altered on

any Lot, Building site, or Project Parcel nor shall any construction be commenced until

plans for such buildings and improvements have been approved by the Committee;

provided, however, that improvements and alterations which are completely within a

building may be undertaken without such approval. Further provided, that the Committee

may in its discretion approve an improvement which has already been constructed or

8 commenced, where such improvement will not otherwise violate the provisions of this

Declaration.

6.2.3 The actions of the committee in the exercise of its discretion by its approval or

disapproval of plans or other information submitted to it, or respect to any other matter

before it, shall be conclusive and binding on interested parties.

6.3 Organization and Operation of Committee:

6.3.1 Term. The term of office of each member of the Committee, subject to Section 6.1,

shall be one year, commencing January l of each year, and continuing until his successor

shall have been appointed, Should a Committee member die, retire, become

incapacitated, or in the event of a temporary absence of a member, a successor may be

appointed as provided in Section 6.1.

6.3.2 Chairman. The chairman of the Committee shall be appointed by the Board of

Managers and the chairman, along with the Board of Managers, shall appoint the two

remaining members to serve on the committee.

6.3.3 Operations. The chairman shall take charge of and conduct all meetings and shall

provide for reasonable notice to each member of the Committee prior to any meeting.

The notice shall set forth the time and place of the meeting, and notice may be waived by

any member. In the absence of a chairman, the party responsible for appointing or

electing the chairman may appoint or elect a successor, or if the absence is temporary, a

temporary successor.

6.3.4 Voting. The affirmative vote of a majority of the members of the committee shall

govern its actions and be the act of the Committee. A Quorum shall consist of a majority

of the members.

6.3.5 Expert Consultation. The committee may avail itself of technical and professional

advice and consultants as it deems appropriate but only after determining the Association

has or will receive adequate revenue to cover the cost incurred.

6.4 Expenses: Except as provided below, all expenses of the Committee shall be paid by the

Association. The Committee shall have the right to charge a fee for each application submitted to

it for review, in an amount which may be established by the Committee from time to time, and

such fees shall be collected by the Committee and remitted to the Association to help defray the

expenses of the Committee’s operation. A waiver of a fee shall not constitute a continuing

waiver, except as to the application then pending for which such fee was waived.

6.5 Design Guidelines and Rules: The Committee shall adopt, establish, and publish, from time to time,

Design Guidelines. The Design Guidelines shall not be inconsistent with this Declaration, but

shall more specifically define and describe the design standards for Ozark Meadows and the

various uses within Ozark Meadows. The Design Guidelines may be modified or amended from

time to time by the Committee. Further, the Committee, in its discretion, may excuse compliance

with such requirements as are not necessary or appropriate in specific situations and may permit

compliance with different or alternative requirements. However, all changes and/or compliance

with the Ozark Meadows design review process is not a substitute for compliance with

governmental, building, zoning, and subdivision regulations, and each Owner is responsible for

9 obtaining all approvals, licenses, and permits as may be required prior to commencing

construction.

6.6 Limitation of Liability: The Committee shall use reasonable judgment in approving or

disapproving all plans and specification submitted to it. Neither the Committee nor any

individual Committee member shall be liable to any persons for any official act of the committee

in connection with submitted plans and specifications, except to the extent the Committee or any

individual Committee Member acted with malice or wrongful intent. Approval by the Committee

does not necessarily assure approval by the appropriate governmental entity. Notwithstanding

that the Committee has approved plans and specifications, neither the Committee nor any of its

members shall be responsible or liable to any owner, developer, or contractor with respect to any

loss, liability, claims or expense which may arise by reason of such approval of the construction

of the improvements. Neither the Board, the Design Review Committee, or any agent thereof,

nor Declarant or any of its partners, employees, agents, or consultants shall be responsible in any

way for any defects in any plans or specifications submitted, revised or approved in accordance

with these guidelines, nor for any structural or other defects in any work done according to such

plans and specifications. In all events, the Committee shall be defended and indemnified by the

Association in any such suit or proceeding which may arise by reason of the Committee’s

decision. The Association, however, shall not be obligated to indemnify each member of the

Committee to the extent any such member of the committee shall be adjudged to be liable for

negligence or misconduct in the performance of his duty as a member of the Committee, unless

and then only to the extent that the court in which such action or suit may be brought shall

determine upon application that, despite the adjudication of liability but in view of all

circumstances of the case, such person is fairly and reasonably entitled to indemnification for

such expense as such court shall deem proper.

6.7 Certificate of Compliance: Upon payment of a reasonable fee established from time to time

by the Board and upon written request of an Owner or his agent, an existing or prospective

Mortgagee, or a prospective Grantee, the Committee shall issue an acknowledged certificate, in

recordable form, setting forth generally whether, to the best of the Committee’s knowledge, the

Owner is in violation of any of the terms and conditions of this Declaration and related

documents. Unless such request shall be complied with within 30 days after receipt of the

request, it shall be conclusively presumed that the Owner and the Owner’s improvement are in

conformance with all the terms and conditions subject to the control of the Committee.

ARTICLE VII

CONSTRUCTION AND ALTERATIONS OF IMPROVEMENTS

7.1 General: The Design Guidelines and the general instructions set forth in these Covenants

shall govern the right of an Owner, Developer, or other entity to construct, reconstruct, refinish,

alter or maintain any Improvement upon, under or above any of the property (except as provided

in Section 6.2.2 above), and to make or create any excavation or fill on the Property, or make any

change in the natural or existing surface contour or drainage, or install any utility line or conduit

on or over the Property.

7.2 Approval Required: Except to the extent permitted in Section 6.2.2 above, any construction

or reconstruction, or the refinishing or alteration of any part of the exterior of any Building or

other improvement on the Property is absolutely prohibited until and unless the Owner or

Developer first obtains approval from the Design Review Committee and otherwise complies

with the provisions of these Covenants. All Improvements shall be constructed only in

accordance with approved plans

10 .

7.3 Removal of Nonconforming Improvements: The Association, upon request of the

Committee and after reasonable notice to the offender and to the Owner, may remove any

Improvement constructed, reconstructed, refinished, altered, or maintained in violation of these

Covenants, and the Owner of the improvements shall immediately reimburse the Association for

all expenses incurred in connection with such removal.

ARTICLE VIII

PROPERTY USE RESTRICTIONS

8.1 General Restriction: The Property shall be used only for the purposes set forth in these

Covenants, as permitted by the applicable ordinances of the City of Osage Beach, Missouri,

Miller County, Missouri, and the laws of the State of Missouri and the United States, and as set

forth in this Declaration, amendments, or specific recorded covenants affecting all or any part of

the property.

8.2 Motorized Vehicles: No trucks, trail bikes, recreational vehicles, motor homes, motor

coaches, snowmobiles, campers, trailers, boats or boat trailers, or similar vehicles other than

passenger automobiles or pickup or utility trucks with a capacity of one-half ton or less shall be

parked, stored or in any manner kept or placed on any portion of the Property except in the

following manner: recreational vehicles, motor homes, motor coaches, campers, boats stored on

boat trailers may be kept or parked on the street abutting, or the driveway of, a lot for a seventytwo

(72) hour period solely for the purposes of embarking upon or returning from an excursion

trip or designated use of such vehicle. The intent of this provision is to provide for the occasional

loading or unloading of such vehicle and not to allow the extended placing or keeping of such

vehicle for purposes of storage or other purposes not set forth above. Subject to the foregoing

exception, all such listed and designated vehicles shall be only kept, stored or placed in such

areas as may be designated by the Association. This restriction however, shall not be deemed to

prohibit commercial construction vehicles, in the ordinary course of business, from making

deliveries or otherwise providing service to the Property or for the initial construction by

Declarant or the other Owners.

8.3 Signs: No signs of any kind shall be displayed to the public view on or from any portion of

the Property except those signs approved by the Board of Managers, or signs of Declarant or its

affiliates or assigns, or signs required by law.

8.4 Animals and Pets: No animals, livestock, or poultry of any kind shall be kept, raised, or

bred on any portion of the property, except dogs, cats, or other household pets (the kind and

number of which may be regulated, permitted or prohibited from time to time by the

Association).

8.4.1 Household pets, such as one (l) medium size or smaller dog or one cat, must be

contained within the residence, and such pets may not be permitted to run at large. Pets

may not be kept out of doors unless the owner is at home. Plans and/or drawings for a

fence or pen, including a house, must be submitted to the Design Review Committee for

approval. Fences or dog pen areas shall not exceed 120 square feet and they must be

attached to the rear of the residence and not in the yard away from the residence. Height

of fence or pen including the materials of construction must be included with the

submittal. The area must be kept clean from animal waste at all times. Barking dogs must

be kept within the residence.

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8.4.2 Pedestrians within Ozark Meadows, including home owners, who are accompanied

by dogs or other pets must have them under direct control by use of a leash not to exceed

ten (10) feet in length. Owners must pick up and dispose of all waste materials deposited

by their pets. A violation charge for failure to dispose of all waste materials in a proper

receptacle shall be $25.00 per incident and charged to the Owner as a Special Assessment

enforced by the Association.

8.5 No Outside Clotheslines: No laundry or wash shall be dried or hung outside any Building.

8.6 Parking and Auto Repair: In order to avoid congestion as much as possible on our narrow

(two lane) streets, residential owners or their tenant shall park their vehicles on their driveways

or within their garage. No parking of vehicles will be allowed on lawn areas. No vehicle repair

shall be performed in any visible or exposed portion of Ozark Meadows except in emergencies.

8.7 Abandoned. Inoperable or Oversized Vehicles: Abandoned or inoperable automobiles or

vehicles of any kind, except as provided below, shall not be stored or parked on any portion of

the Property. “Abandoned or inoperable vehicle” shall be defined as any vehicle which has not

been driven under its own propulsion for a period of three weeks or longer; provided, however,

this shall not include vehicles parked by owners or guests while on vacation. A written notice

describing the “abandoned or inoperable vehicle” and requesting its removal may be personally

served upon the Owner or posted on the unused vehicle. If such vehicle has not been removed

within 72 hours after notice has been given, the Association shall have the right to remove the

vehicle without liability, and the expense of the removal shall be charged against the Owner.

“Oversized” vehicles, for purposes of this Section, shall be vehicles which are too high to clear

the entrance to a residential garage. All unsightly or oversized vehicles, snow removal

equipment, garden maintenance equipment, storage trailers, and all other unsightly equipment

and machinery may be required by the Association to be stored at a designated location or

locations. This provision is in addition to, and shall be governed by, the provisions of Section 8.2

hereof.

8.8 Antennae: No exterior radio, television, microwave or other antenna or antenna dish or

signal capture and distribution device shall be permitted without the prior written consent of the

Design Review Committee, and with appropriate screening.

8.9 Outside Burning: There shall be no exterior fires, except barbecues or outside fireplaces. No

owner shall permit any condition upon its portion of the property which creates a fire hazard or is

in violation of fire prevention regulations.

8.10 Noise: No exterior horns, whistles, bells or other sound devices, except security devices

used exclusively to protect the security of the Property or Improvements, shall be placed or used

on any portion of the Property. Owners shall not permit any noise or disturbance on their Lots

which tends to disturb other Owners.

8.11 Obstructions: There shall be no obstruction of any pedestrian walkways or interference

with the free use of those walkways except as may be reasonably required in connection with

repairs. The Owners, their family, tenants, guests, and invitees are granted nonexclusive

easements to use any pedestrian walkways which may be constructed within the Property. That

use shall be subject to the Ozark Meadows Rules adopted by the Board from time to time. The

12

Association shall promptly take such action as may be necessary to abate or enjoin any

interference with or obstruction of pedestrian walkways, and the Association shall have a right of

entry on any part of the Property for the purposes of enforcing this Section, and any costs

incurred by the Association in connection with such enforcements shall be specifically assessed

to the owners or other persons responsible for the interference.

8.12 Continuity of Construction: All Improvements commenced on the Property shall be

prosecuted diligently to completion and shall be completed within 12 months of commencement,

unless an exception is granted in writing by the Committee. If an improvement is commenced

and construction is then abandoned for more than 90 days, or if construction is not completed

within the required 12 month period, then after notice and hearing, the Association may impose a

fine of not less than $500.00 per day on the Owner of the Lot until construction is resumed, or

the Improvement is completed, as applicable, unless the Owner can prove to the satisfaction of

the Board of Managers that such abandonment is for circumstances beyond the Owner’s control.

Such charges shall be a default assessment and lien as provided in Article IV of the By-Laws.

8.13 Nuisance: No obnoxious or offensive activity shall be carried on within the Property, nor

shall anything be done or permitted which shall constitute a public nuisance. No noise or other

nuisance shall be permitted to exist or operate upon the property so as to be offensive or

detrimental to any other part of the Property or its occupants. Every violation of these Covenants

is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed

for such violation by law or equity against a Member shall be applicable. These Covenants may

be enforced as provided below.

8.14 Garage Sales and Moving Sales: Garage sales are permitted only twice each calendar year,

one in the spring and one in the fall, when designated by the Board of Managers. Moving sales

caused by the occupant(s) no longer residing in the home are permitted anytime. All sale items

must be contained within the home, garage or on the driveway. Sales may not extend more than

two days. On the day(s) of the sale, signs are permitted on the lot where the sale occurs and at

major intersections directing prospective buyers to the home. Such signs must be promptly

removed at the close of the sale.

8.15 Storage Facilities: Storage facilities may be provided by utilizing the crawl space below

the main floor, or attic area, of the home; by enclosing an exterior area below the main floor (or

porch) of the home; or by an addition attached to the rear wall of the home. All enclosures or

additions must match the materials and color of the home to give the appearance of a

continuation of the home and must be submitted to the Design Review Committee for approval

before construction.

8.16 Fences: All property lines shall be kept free and open and no fences, hedges, or walls shall

be permitted thereon without the approval of the Design Review Committee. A small decorative

fence may be installed outlining a patio area, planting area, or the like. The size, material and

location must be submitted to the Design Review Committee for approval.

General Practices Prohibited: The following practices are prohibited at Ozark Meadows:

8.17.1 Allowing concrete suppliers and contractors to clean their equipment other than at

a location designated for that purpose by the Board of Managers.

.

13

8.17.2 Removing any rock, plant material, top soil or similar items from any property of

others.

8.18 Leasing: The Owner of a Lot or other dwelling unit shall have the right to lease such Unit

subject to the following conditions:

8.18.1 All leases shall be in writing.

8.18.2 The lease shall be specifically subject to this Declaration, and related documents,

and any failure of a tenant to comply with Ozark Meadows documents shall be a default

under the lease.

8.18.3 The Owner shall be liable for any violation of this Declaration or related

documents committed by the 0wner’s tenant, without prejudice to the Owner’s right to

collect any sums paid by the Owner on behalf of the tenant.

ARTICLE IX

MAINTENANCE

9.1 Association’s Responsibility: The Association shall maintain and keep the Common Areas

in good repair subject to any changes in use approved by the Association.

9.2 0wner’s Responsibility: Except as provided otherwise in the Ozark Meadows documents, or

by written agreement with the Association, all maintenance of the Lots and all structures,

landscaping, and other Improvements thereon shall be the sole responsibility of the owner

thereof, who shall maintain said Lot in accordance with the community-wide standard of Ozark

Meadows. All lots and parcels, whether occupied or unoccupied, and any improvements placed

thereon, shall at all times be maintained in such a manner at to prevent there becoming unsightly,

unsanitary or hazardous to health No owner may allow the appearance of his property to become

offensive through neglect, dumping, or undue clearing of trees and other natural growth. The

Association shall, in the discretion of the Board, assume the maintenance responsibilities of such

Owner if, in the opinion of the Board, the level and quality of maintenance being provided by

such Owner does not satisfy such standard. Before assuming the maintenance responsibilities,

the Board shall notify the Owner in writing of its intention to do so, and if the Owner has not

commenced and diligently pursued remedial action within 15 days after mailing of such written

notice, then the Association shall proceed. The expenses of such maintenance by the Board shall

be charged by the Association to the Owner, together with interest as set forth in Article VI of

the By-Laws. Such charges shall be a default assessment and lien on the Lot as provided in

Article VI of the By-Laws.

ARTICLE X

EXPANSION

10.1 Reservation of Right to Expand: Declarant reserves the right, but shall not be obligated, to

expand the effect of the By-Laws and the Declaration of Restrictions to include all or part of the

Adjoining Land Declarant shall have the unilateral right to transfer to any other person this right

to expand by an instrument duly recorded.

14

10.2 Declaration of Annexation: Such expansion may be accomplished by recording an

Amendment to the By-Laws and to this Declaration in the Office of the Recorder of Deeds of

Miller County, Missouri, describing the real property to be included, submitting it to the

covenants, conditions, and restrictions contained in the By-Laws and the Declaration of

Restrictions, designating it as a Project, if the parcel subjected in that instance docs in fact

constitute a Project, and providing for voting rights and Assessment allocations as provided in

the By-Laws and the Declaration of Restrictions. Such Amendment shall not require the consent

of the Owners. Any such expansion shall be effective upon the filing for record of such

Amendment, unless otherwise provided therein The expansion may be accomplished in stages by

successive supplements or in one supplemental expansion. Upon the recordation of any such

Amendment, the definitions used shall be expanded automatically to encompass and refer to

Ozark Meadows as expanded.

10.3 Incorporation of Adjoining Lands: Any owner or owners of Adjoining Land (other than

Declarant) may apply to the Board of Managers to have the Adjoining Land made subject to the

By-Laws and the Declarations of Restrictions for Ozark Meadows. Upon the written approval of

the Board to the inclusion of such Adjoining Land within the Ozark Meadows regime, the owner

or owners of the Adjoining Land shall execute an instrument in writing which shall satisfy the

requirements above for an Amendment to these documents. That instrument after review and

approval by the Board of Managers shall be recorded in the Office of the Recorder of Deeds of

Miller County, Missouri. Thereafter, such Adjoining Land shall be subject to the By-Laws and

Declaration of Restrictions.

ARTICLE XI

FHLMC REQUIREMENTS

11.1 FHLMC Approval Requirements: Unless at least 67 percent of the first Mortgagees

(based on one vote for each first Mortgage owned) and the Class A Members have given their

prior written approval, the Association shall not be entitled to:

11.1.1 By act or omission seek to abandon, partition, subdivide, encumber, sell, or

transfer all or part of the Common Areas (provided that the granting of easements for

public utilities or for other public purposes consistent with the intended use of such

Common Areas shall not be deemed a transfer within the meaning of this clause);

11.1.2 Change the method of determining the obligations, Assessments, dues or other

charges which may be levied against an Owner or Member;

11.1.3 Fail to maintain fire and extended coverage on insurable Common Elements in an

amount not less than 100 percent of current replacement cost; or

11.1.4 Use of hazard insurance proceeds for losses to Common Elements for other than

the repair, replacement, or reconstruction of such Common Elements

11.2 Mortgagees’ Rights: First Mortgagees of Lots, jointly or singly, may pay taxes or other

charges which are in default and which may or have become a charge against any of the

Common Areas or Improvements thereon and may pay overdue premiums on hazard insurance

.

15 policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common

Areas. First Mortgagees making such payments shall be owed immediate reimbursement from

the Association.

ARTICLE XII

ENFORCEMENT OF COVENANTS

12.1 Violations Deemed a Nuisance: Every violation of this Declaration or related documents is

deemed to be a nuisance and is subject to all the remedies provided for the abatement of the

violation. In addition, all public and private remedies allowed at law or equity against anyone in

violation of these Covenants shall be available.

12.2 Compliance: Each Owner or other occupant of any part of the Property shall

comply with the provisions of this Declaration and related documents.

12.3 Failure to Comply: Failure to comply with this Declaration and related documents shall be

grounds for an action to recover damages or for injunctive relief to cause any such violation to be

remedied or both Reasonable notice and an opportunity for a hearing shall be given to the

delinquent party prior to commencing any legal proceedings.

12.4 Who May Enforce: Any action to enforce the provisions set forth in this Article may be

brought by the Declarant, the Board, or the Manager in the name of the Association. If, after a

written request from an aggrieved Owner, none of the foregoing persons or entities commence an

action to enforce, then the aggrieved owner may bring such an action.

12.5 Remedies: In addition to the remedies set forth above in this Article, any violation shall

give to the Board, the Declarant, or the Manager, on behalf of the Owners, the right to enter upon

the offending premises or take appropriate peaceful action to abate, remove, modify, or replace,

at the expense of the offending Owner, any structure, thing or condition that may exist thereon

contrary to the interest and meaning of Ozark Meadows. If the offense occurs on any easement,

walkway, Common Area or the like, the cure shall be at the expense of the Owner or other

person responsible for the offending condition.

12.6 Nonexclusive Remedies: All the remedies set forth herein are cumulative and not

exclusive.

12.7 No Waiver: The failure of the Board of Managers, Declarant, the Manager the Design

Review Committee or any aggrieved Owner to enforce shall not be deemed a waiver of the right

to do so for any subsequent violations or of the right to enforce any other part of the Ozark

Meadows documents at any future time.

12.8 No Liability: No member of the Board of Managers, the Declarant, the Design Review

Committee, the Manager or any Owner shall be liable to any other Owner for the failure to

enforce the provisions of any of the documents at any time.

12.9 Recovery of Costs: If legal assistance is obtained to enforce any of the provisions of the

documents or in any legal proceeding (whether or not suit is brought) for damages or for such

enforcement or the restraint of violations of the documents, the prevailing party shall be entitled

to recover all costs incurred by it in such action, including reasonable attorneys’ fees as may be

incurred.

16

ARTICLE XIII

RESOLUTION OF DISPUTES

13.1 Resolution of Disputes: If any dispute or question arises between Members or between the

Members and the Association or the Design Review Committee relating to the interpretation,

performance or nonperformance, violation, or enforcement of this Declaration and related

documents, such dispute or violation shall be subject to a hearing and determination by the Board

of Managers prior to institutions of any legal or equitable remedy. Equitable actions to restrain or

prohibit construction of buildings or improvements in violation of a determination of the

committee or in violation of these restrictions may be brought by Declarant or the Association at

any time without such hearing.

ARTICLE XIV

DURATION OF THESE COVENANTS

14.1 Term: This Declaration and any amendments or supplements hereto shall remain in effect

from the date of recordation for ten (10) years subsequent thereto. Thereafter these covenants

shall be automatically extended for five successive periods of ten years each from the above date,

unless otherwise terminated or modified as provided.

ARTICLE XV

GRANTEE’S ACCEPTANCE

15.1 Acceptance: Each grantee or purchaser of any lot designated herein shall, by acceptance of

a deed conveying title thereto or the executing of a contract for the purchase thereof, whether

from Declarant or a subsequent owner of a lot designated herein, accept such deed or contract

upon and subject to each and all of the provisions of the By-Laws and the Restrictions and any

amendments or supplements thereto. By such acceptance, such grantee or purchaser shall for

himself, his heirs, devisees, personal representatives, grantees, successors and assigns, lessees

and/or lessors, covenant, consent, and agree to keep, observe, comply with, and perform the

covenants, conditions and restrictions contained in both this Declaration and the By-Laws for

Ozark Meadows. Invalidation of any one of these covenants or restrictions by judgment or court

order shall in no way affect or invalidate any other provision contained herein. All provisions not

so invalidated shall remain in full force and effect.

15.2 Binding: The covenants and restrictions of this Declaration shall run with the land and inure

to and be binding upon the parties hereto, their heirs, assigns, and successors in interest and title.

ARTICLE XVI

ASSIGNMENT

16.1 Assignment: Declarant may assign all or any part of its rights and reservations hereunder to

any successor who takes title to all or part of the property in a bulk purchase for the purpose of

development and sale. Such successor shall be identified, the particular rights being assigned

shall be specified, and, to the extent required concomitant obligations shall be expressly assumed

by such successor, all in a written instrument duly recorded in the Office of the Recorder of

Deeds of Miller County, Missouri.

17

ARTICLE XVII

AMENDMENTS TO DECLARATIONS OF RESTRICTIONS

17.1 Amendment: This Declaration of Restrictions may be amended in whole or in part by the

imposition of additional restrictions, different restrictions, or the deleting of any restrictive

covenants previously placed hereon by an affirmative vote of a majority of the Members present

at a Special Meeting for that purpose and a Quorum of the Members of the Association are

present to transact business.

17.2 Amendment to Comply With Law: Notwithstanding any other provision of this

Declaration, if the Board deems any amendment to this Declaration to be necessary in order to

bring this Declaration into compliance, whether mandatory or permissible, with amendments to

applicable Missouri law, the Board may enact any such amendment, which shall be effective

upon the recording of an appropriate instrument setting forth the amendment and its due

adoption, which instrument has been executed and acknowledged by one or more Officers of the

Board.

17.3 When Modifications Permitted: Notwithstanding the provisions of Section 17.1, no

termination, extension, modification or amendment of this Declaration shall be made which

would have the effect of excluding or excepting any Class A Member or Class B Member from

the provisions of this Declaration.

17.4 Notice of Amendment: Except in the case of amendments made pursuant to Section 17.2,

or Section 17.3 above, no amendment of this Declaration shall be effective unless a written

notice of the proposed amendment is sent to every Owner at least 30 days in advance of any

action taken or purported to be taken.

17.5 Effective on Recording: Any modification or amendment shall be immediately effective

upon recording a copy of such amendment or modification, executed and acknowledged by the

Board, as required, in the office of the Recorder of Deeds of Miller County, Missouri.

ARTICLE XVIII

PRINCIPLES OF INTERPRETATION

18.1 Severability: This Declaration, to the extent possible, shall be construed or reformed so as

to give validity to all of its provisions. Any provision of this Declaration found to be prohibited

by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability

without invalidating any other part hereof.

18.2 Construction: In interpreting words in this Declaration unless the context shall otherwise

provide or require, the singular shall include the plural, the plural shall include the singular, and

the use of any gender shall include all genders.

18.3 Headings: The headings are included only for purposes of convenient reference, and they

shall not affect the meaning or interpretation of the Declaration.

18.4 Notice: All notices or requests required shall be in writing. All notices of a general nature

to Members, or any classification thereof, shal1 be considered delivered and effective upon

personal delivery or three days after mailing by regular first class mail to the address of record.

Notice to the Board, the Association, the Design Review Committee, or the Manager, shall be

18 considered delivered and effective on personal delivery or mailing by regular first class mail to

such address as shall be established by the Association from time to time.

18.5 Waiver: No failure on the part of the Association, the Board, or the Committee to give

notice of default or to exercise or to delay in exercising any right or remedy shall operate as a

waiver, except as specifically provided above in the event the Board or Committee fails to

respond to certain requests. No waiver shall be effective unless it is in writing, signed by the

President or Secretary of the Board on behalf of the Association, or by the Chairman of the

Committee on behalf of the Committee.

18.6 Limitation of Liability: Neither the Association, the Design Review Committee, nor any

Officer or member of the Board shall be liable to any party for any action or for any failure to act

with respect to any matter arising by, through, or under the Declaration or related documents if

the action or failure to act was made in good faith. The Association shall indemnify all of the

Committee members and Officers and Board members with respect to any act taken in their

official capacity to the extent provided in this Declaration and in the By-Laws of the Association.

18.7 Conflicts Between Documents: In case of conflict between this Declaration and the

Articles of Incorporation or the By-Laws, this Declaration shall control. In case of conflict

between the Articles of Incorporation and the By-Laws, the Articles of Incorporation shall

control. In case of conflict between this Declaration and Design Guidelines, the Design

Guidelines shall control. In case of conflict between this Declaration and a Project Declaration,

this Declaration shall control.

IN WITNESS WHEREOF, the undersigned Board of Managers has executed these

Declaration of Restrictions this 11th day of October, 2002.

19 EXHIBIT A

A tract of land in Government Lot Four (4), and the East Half (E l/2) of Government Lot Five

(5), of the Northwest Quarter (NW 1/4) of Section Five (5), Township Thirty-nine (39) North,

Range Fifteen (15) West, Miller County, Missouri, more particularly described as follows:

BEGINNING at the Southeast corner of said Lot 5, of the Northwest Quarter of Section 5, thence

North 00 degrees 37 minutes 27 seconds East, along the East line of the East Half of said lot,

690.0 feet; thence South 84 degrees 24 minutes 36 seconds West, 785.36 feet to the southeasterly

right-of-way line of Supplementary State Highway Route "V", formerly Old U. S. Highway

Number 54; thence along said southeasterly line the following courses: thence South 40 degrees

20 minutes 38 seconds West, 654.07 feet; thence South 45 degrees 05 minutes 38 seconds West,

786.0 feet; thence leaving said southeasterly line South 36 degrees 24 minutes 35 seconds East,

119.91 feet; thence on a curve to the left, said curve having a radius of 595.73 feet, and an arc

length of 119.60 feet; thence South 47 degrees 54 minutes 46 seconds East, 47.63 feet; thence

North 50 degrees 02 minutes 09 seconds East, 227.38 feet; thence South 55 degrees 04 minutes

53 seconds East, 324.95 feet; thence South 21 degrees 20 minutes 49 seconds East, 137.17 feet;

thence North 68 degrees 39 minutes 11 seconds East, on a Curve to the right, said curve having a

radius of 196.84 feet, and an arc length of 93.0 feet; thence South 84 degrees 16 minutes 36

seconds East, 413.99 feet; thence North 25 degrees 14 minutes O7 seconds West, 207.94 feet;

thence North 64 degrees 45 minutes 53 seconds East, 198.24 feet; thence South 01 degrees 18

minutes 58 seconds West, 243.00 feet; thence South 85 degrees 01 minutes 54 seconds East,

470.96 feet, to a point on the East line of the West half of Government Lot 4, of said Quarter

section; thence North 01 degrees 18 minutes 58 seconds East, along said East Line 864.73 feet,

to the POINT OF BEGINNING.