RESTRICTIONS APPLYING TO LAKE TISHOMINGO

The following is a compilation of the restrictions applicable to Lake Tishomingo Subdivision as revised by Judgment and Decree of the Circuit Court of Jefferson County. Missouri, in Cause No. 41,728, dated December 9, 1971, and the Judgment and Decree of the Circuit Court of the City of St. Louis, Missouri, in Cause No. 81,690-E dated September 30, 1969. As used herein, the term "Grantor" or "Successor Grantor" shall mean "Lake Tishomingo Property Owners Association, a Missouri not-for-profit corporation."

The following restrictions shall be subject to proper enforcement clauses:

Deeds to each lot in this block will be made subject to the following covenants and restrictions which shall run with the land and bind all subsequent owners until and including August 1, 1998. These restrictions were renewed in 1996 to extend the expiration date to August 1, 2023.

1. Said lot shall be used for residence purposes only; and no business of any nature shall be permitted, maintained or conducted thereon. Not more than one residence at a time shall be placed or kept thereon; and no such residence shall be designed or converted for the use of more than one family. No Clubs, Fraternities, or Organizations of any nature may operate from or use any building in said subdivision.

2. Every such residence shall front towards the front end of the lot; and the main body thereof shall be at least twenty-five feet from the front line of the lot; and no porch or part thereof shall be within fifteen feet of the front line of the lot; nor shall any building be nearer than five feet from the side lines of said lot.

3. There will be no restrictions as to cost of any residence but complete architect's plans and specifications must be submitted for the approval of the Lake Tishomingo Property Owners Association Not-for-Profit Corporation (#10590) before building operations are started. No residence shall be wholly or partly covered with tar paper, metal or canvas and no tent house or shack shall be on said lot. No building without a painted or otherwise finished outside surface shall be on said lot unless of log or slab construction. No Auto Trailer or Movable Home or House shall be allowed on said lot. No storage tank shall be above ground on said lot without written consent of the Grantor. No building or construction of any kind may be made on the Parkway surrounding said Lake without the written consent of the Grantor. All docks for the mooring of boats or other purposes shall be of a standard design that will be furnished by Grantor with a building permit.

4. No outbuilding shall be built on said lot. Garages shall be attached to or built in as a part of the residence. All rear entrances to residences shall be from the side of the residence where possible and if a rear porch is to be a part of the residence it shall be enclosed with a lattice or trellis so that it is not openly exposed from the rear. Owners shall cut all brush or weeds on said lot once each year to prevent fire hazard. If this is not done, Grantor shall have the right to do so and a charge for this service may be added to the assessment when said assessment is made for that year. No refuse, garbage, cans, bottles or any deleterious material shall ever be thrown or deposited in said Lake. All garbage must be deposited in covered fly and insect proof tight garbage cans, and they must not be placed where they would be offensive to other property owners.

5. Said premises shall not be used for any unlawful purpose, or for any purpose that would injure the reputation of the neighborhood.

6. All toilets, baths, sinks, lavatories and inside drains on said premises shall be connected with the subdivision sewer system and all plumbing fittings shall not be more than four inches in diameter, according to the company specifications which will be furnished with building permit.

7. Removed per Federal and State Law...

8. Said premises shall not be leased or rented to any person without written consent of the Grantor.

9. No sale of said lot shall be consummated without giving at least fifteen days written notice to Grantor, and the owners of the two lots adjoining said lot on the sides, of the terms thereof; and the name of the prospective purchasers; and any of them shall have the right to buy said lot on such terms. Such notice shall be personally served if service can be made on the subdivision; if any person entitled to service can not be found on the subdivision, notice shall be mailed to such person at the address last known to the Grantor. Affidavit of the person making service shall be sufficient, evidence thereof to protect a purchaser.  

10. No fence or other obstruction shall be on said lot, except a fence not over three and one-half feet high and composed of wire with at least three-inch mesh, or pickets at least three inches apart. No signs of any nature, business or otherwise, except the identifying name of the home or owner, may be displayed.

11. The Board of Directors or other governing body of the Lake Tishomingo Property Owners Association Not-for-Profit Corporation No. NP10590 hereafter shall have the power to submit to a vote of the lot owners in the subdivision a proposal for a special assessment to be used for a study of the feasibility of a sewer system or of a water system for the subdivision and the costs thereof, and thereafter to submit to a vote of the lot owners in the subdivision a proposal for a special assessment to implement the construction of such a system on the basis of the plans thus developed. Such a vote shall be cast on the basis of the front footage of each lot as platted, with each lot owner having one vote for each ten (10) front feet, but no less than five (5) nor more than ten (10) votes per platted lot, and with a simple majority of the votes cast being required to carry the measure submitted. Any vacant lot owned by Lake Development Enterprises, Inc., shall not be subject to any assessments until it is transferred to a third party, and thereafter the lot shall be subject to all assessments and its owner shall possess voting rights. It is the effect and clear meaning of said language that Lake Development Enterprises, Inc., shall have no voting rights with respect to the vacant lots owned by it during any period of such ownership.

12. Affairs of the subdivision shall be administered by the governing body of the Lake Tishomingo Property Owners Association Not-for-Profit Corporation No. NP10590, and the members of said governing body shall be elected from time to time by a simple majority of the votes cast at an election wherein each lot owner in the subdivision shall be entitled to cast one vote for each ten (10) front feet of lot owned by him, but no less than five (5) nor more than ten (10) votes per platted lot. Said governing body shall adopt, by-laws governing its operations and may adopt rules and regulations and levy assessments from time to time in exercise of its powers under the subdivision restrictions.

13. Grantor shall have the right to lay sewer pipes and water pipes and appurtenances thereto through or across said lot and shall have at all times the right of ingress and egress for the purpose of repairing and maintaining same, provided, however, dirt taken from any excavation shall be replaced and the surface left as nearly as possible in original condition after the work is completed. Grantor shall also have the right to erect telephone poles or poles for carrying electric current at the intersecting corner of any two lots.

14. As a part of the consideration for the sale of this lot, Grantor shall have the right to assess the owner of this lot after August 1, 1949, and each succeeding August 1st thereafter, such sums as Grantor shall deem necessary for the upkeep and maintenance of the Dam, Roads, and other improvements, provided, however, that no assessment for any one year shall exceed the sum of fifty-five cents (55 ¢) per front foot, and further provided that the assessment as levied each year shall be and become a lien without filing of suit or legal procedure to establish such lien on said lot if not paid within thirty days after August 1st of the year in which the assessment is made, but this lot shall, in making such assessment, not be considered as having less than 50 front feet or more than 100 front feet.

AMENDMENT TO: RESTRICTIONS APPLYING TO LAKE TISHOMINGO
14. As a part of the consideration for the sale of this lot, Lake Tishomingo Property Owners Association, a Missouri Not-For-Profit Corporation, as Trustee for the benefit of the lot owners of the subdivision, shall have the right to assess the owner of this lot on and after August 1, 1978, and each succeeding August 1st thereafter, such sum as said Trustee shall deem necessary for the upkeep and maintenance of the dam, roads, and other improvements, provided, however, that no assessment for any one year shall exceed the sum of one dollar ($1.00) per front foot, and further provided that the assessment as levied each year shall be and become a lien without filing of suit or legal procedure to establish such lien on said lot if not paid within thirty (30) days after August 1st of the year in which the assessment is made, but this lot shall, in making such assessment, not be considered as having less than fifty (50) front feet or more than one hundred (100) front feet.

AMENDMENT TO: RESTRICTIONS APPLYING TO LAKE TISHOMINGO
14. As a part of the consideration for the sale of this lot, Lake Tishomingo Property Owners Association, a Missouri Not-For-Profit Corporation, as Trustee for the benefit of the lot owners of the subdivision, shall have the right to assess the owner of this lot on and after August 1, 1985, and each succeeding August 1st thereafter, such sum as said Trustee shall deem necessary for the upkeep and maintenance of the dam roads, and other improvements, provided, however, that no assessment for any one year shall exceed the sum of two dollars ($2.00) per front foot, and further provided that the assessment as levied each year shall be and become a lien without filing of suit or legal procedure to establish such lien on said lot if not paid within thirty (30) days after August 1st of each year in which the assessment is made, but this lot shall, in making such assessment, not be considered as having less than fifty (50) front feet or more than one hundred (100) front feet.

AMENDMENT TO: RESTRICTIONS APPLYING TO LAKE TISHOMINGO
14. As a part of the consideration for the sale of this lot, Lake Tishomingo Property Owners Association, a Missouri Not-for-Profit Corporation, as trustee for the benefit of the lot owners of the subdivision, shall have the right to assess the owner of this lot on and after August 1, 1999, and each succeeding August 1st thereafter, such sum as said trustee shall deem necessary for the upkeep and maintenance of the dam, roads, and other improvements, provided, however, that no assessment for any one year shall exceed the sum of three dollars ($3.00) per front foot, and further provided that the assessment as levied each year shall be and become a lien without filing of suit or legal procedure to establish such lien on said lot if not paid within thirty (30) days after August 1st of the year in which the assessment is made, but this lot shall, in making such assessment, not be considered as having less than fifty (50) front feet or more than one hundred (100) front feet. Beginning August 1, 1999 and each year thereafter, one dollar ($1.00) will be set aside in a major Projects Fund, and will only be used to provide debt service to a loan to be obtained in order to pursue the major repairs of the lake infrastructure. The first two projects will be to remove the silt from the lake, and to accomplish a complete renovation of the lake roads. Any additional usage of the money from this fund beyond the above-mentioned projects must be approved by a simple majority vote of all lake property owners.

15. It is mutually agreed by and between the parties that in the event the payments specified for sewer and/or water connections or of assessments for upkeep and maintenance herein provided for shall remain unpaid for sixty days from date when due, such sum or sums together with interest thereon, a reasonable attorney's fee and court costs shall be collectible as a lien upon said real estate in and by suit, action or other proceedings in any court of Jefferson County, Missouri, having jurisdiction of suits for the enforcement of such or similar liens, instituted or commenced in the name of the Grantor, its successors or assigns, as party plaintiff.

Said Grantee, his heirs and assigns, shall, subject to compliance with the foregoing restrictions, and while holding said lot, have license personally and for the family and lot owners' guests to the use and privileges of the lake in said subdivision, known as Lake Tishomingo, which shall include boating, bathing, fishing and the use of the private beaches only, also the parkway surrounding said lake, including the right to moor boats in front of said parkway, all subject to the rules and regulations prescribed by Grantor from time to time.

Said restrictions may be extended beyond said twenty-five years' period for a new period not exceeding twenty-five years, by an instrument executed by the then owners of a majority of, the front feet in said subdivision and duly acknowledged and recorded in the recorder's office of said Jefferson County, Missouri, before the expiration of said twenty-five year period (ending August 1st, 1973); and further extensions may be effected in like manner.

The Grantor agrees that all lots in said subdivision sold for residence purposes shall contain substantially the same restrictions set out in this instrument, or in the plat of said property, and nothing herein contained shall limit the right of the Grantor to use the portions of the property in said subdivision not sold for residence purpose, for any purpose not inconsistent with the plat and plan of said subdivision, and in order to more fully effectuate the purposes of the same, it being the intention of the Grantor and of the purchasers of lots to maintain said property as a high grade subdivision for rural residence purposes, and with the added attraction of water sports and general amusements.

Said Grantor and every person hereafter having any right, title, or interest in any lot in said block shall have the right to prevent or stop violation of any of said restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation.

All the covenants and agreements herein made shall run with the land and shall bind the Grantor herein, its successors and assigns, and the individual resident lot owners, their heirs and assigns.

The restriction on any lot may be removed only by written consent, duly acknowledged and recorded, of Grantor and the owners of all other lots in the same block.

The subdivision restrictions, with any changes or additions hereafter made in the manner provided in paragraph 6 (e) of this Judgment and Decree, (in Cause No. 41,728, Circuit Court of Jefferson County, Missouri), shall constitute covenants running with the land in the subdivision, binding upon and inuring to the benefit of all lot owners, their heirs and assigns, until August 1, 1998, the time otherwise provided for their expiration thus being expressly extended by (said) Judgment and Decree. The restrictions may be extended for additional twenty-five (25) year periods by the voting procedure set out in paragraph 6 (e) of (said) Judgment and Decree. These restrictions were renewed in 1996 to extend the expiration date to August 1, 2023.