• WELCOME TO HUNTERSFIELDS COMMONS!

As the Board of Directors of the Huntersfields Commons Homeowners Association, our main goals are to promote community involvement and to protect property values through the enforcement of the By-laws and Covenants.

With this in mind, you are requested to be familiar with the By-laws and Declarations of the Association. There are many important responsibilities and restrictions regarding your property. These include but are not limited to:

• Payment of monthly assessments- due on the 1st of each month (currently $80.00) • Insurance requirements- proof of property insurance is due to the Director of Insurance in

your yearly renewal month • Pet regulations- only 2 pets allowed per household

1. Removal of pet feces is required on a daily basis 2. When walking your pet it is required you pick up its feces. Carry a bag and dispose of it

properly. • Board approval of landscaping additions, changes, removals must be approved by Board of

Directors. • Architectural and exterior changes to property must be approved by the Board of Directors. • Parking regulations- check signage posted on streets • General townhouse maintenance

1. Maintenance review takes place in May or June each year. Repairs cited must be completed by September.

Basic services included in your monthly assessment are: • lawn maintenance (except for watering. This is the homeowners' responsibility.) • Common area snow removal, including driveways.

1. Cars must be removed from parking lots and driveways or they will NOT be plowed • Sea !coating of common areas and driveways.

The five member Board of Directors meets monthly to conduct Association business. The entire Association meets twice yearly, both in the spring and fall. You will be notified in advance of all meetings.

One item that requires your IMMEDIATE ATTENTION is the following: • You must procure and maintain in full force at all times insurance covering your townhouse

unit. Details of coverage requirements are found in Article VIII, Section 8.02. You must name the Huntersfields Commons Homeowners Association as an Additional Insured on your policy and furnish the Association with a certificate/proof of insurance within 30 days of closing and each year as it is renewed.

If you have any questions regarding the above, or any other matter addressed in the By-laws and Declarations, please contact the Director of By-laws.

A monthly newsletter is provided to keep you informed of pertinent and timely updates as well as updates about your community.

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HUNTERS FIELDS COMMONS HOMEOWNERS ASSOCIATION HANDBOOK

INDEX

Introduction

Map

Homeowner Directory

Lot Restrictions

Pet Regulations

Landscaping lnfonnation

Materials and Maintenance List

1

2

3

5

7

8

9

HUNTERS FIELDS COMMONS

Dover

OF fox chase

Courae

815 813 811

17 18

~ 2102 2.104 ZJOw ZloS

L.ano

2101 2JC>3 tiOS 2107

~ IZ·

~ c:D 2102 2104 ZloCo 21o&

FOXFIELD ROAD

0 <t 0 0:

2

HUNTERS FIELDS COMMONS HOMEOWNERS ASSOCIATION

LOT RESTRICTIONS

DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HUNTERS FIELDS COMMONS.

The following is a summary of conditions and activities that are EXPRESSLY PROHIBITED by the above referenced Dedaration to which all homeowners are subject to upon purchasing a home in Hunters Fields Commons. If further clarification is needed, please refer to the section indicated or contact a current Boardmember.

NO Commercial Activities or Businesses NO Group Homes NO Noxious or offensive activities NO Hazardous activities NO Fires (other than barbecues) NO Discharge of firearms NO Masts or Flagpoles NO TV or Radio Antennas NO Satellite Dishes• NO Rabbits, Poultry or other non-domesticated animals NO Outdoor Animal Pens NO Loose Animals (must be leashed & attended when

outside) NO Animal waste on lawns or sidewalks NO More than 2 Dogs or Cats or {1 of each) per household NO Hanging laundry NO Storage or scrap piles NO Firewood piles NO Garbage cans NO Compost heaps NO Loud noises NO Glaring lights NO Tents, canopies or awnings NO Sheds or storage buildings NO Commercial advertising signs or devices NO Parking of Commercial Vehides in driveways NO Parking of Recreational Vehicles in driveways NO Parking of Commercial Vehicles in Common Parking NO Parking of recreational Vehicles in Common Parking NO Permanent or temporary fences NO Decks NO Changes to the exterior color of a Unit

• Except as provided for in Section 4.03e

4.03a 4.03b 4.03c 4.03d 4.03d 4.03d 4.03e 4.03e 4.03e 4.03f 4.03f 4.03f

4.03f 4.03f 4.03g 4.03h 4.03h 4.03h 4.03h 4.03i 4.03i 4.03j 4.03j 4.03k 4.03m 4.03m 5.01 5.01 10.01b 10.01b 10.04

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HUNTERS FIELDS COMMONS HOMEOWNERS ASSOCIATION

LOT RESTRICTIONS

DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HUNTERS FIELDS COMMONS.

The following is a summary of conditions and activities that REQUIRE APPROVAL from the Board of Directors prior to any change or construction. If further clarification is needed, please refer to the section indicated and contact a current Boardmember.

Changes to Grade or Drainage Changes or additions to Landscaping, Trees and Shrubs -Including new Flower Beds Architectural alterations or additions Changes to construction materials Patio additions or configuration changes Changes or additions to Sidewalks or other Walkways

4.031

4.03n 4.030 4.03o

10.01c 10.01d

The current Board of Directors does not require that homeowners obtain prior approval for the following conditions or activities; however, the Board reserves the right to impose limits in any situation as is deemed necessary.

• Flower plantings in existing beds or landscaped areas • Outdoor planters (non-permanent) • Lawn decorations, statuary or birdbaths • Lawn edging or mulching • Holiday displays (flags, wreaths, decorations) • Door knockers and kickplates

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HUNTERS FIELDS COMMONS HOMEOWNERS ASSOCIATION

PET REGULATIONS

Pet regulations are contained in the Oedarations of the Association in Article IV, Section 4.03f as follows:

"No rabbits, poultry or animals of any kind, character or species shall be kept upon or maintained on any part of the property; PROVIDED HOWEVER, that the Association shall have the right to adopt reasonable rules and Regulations governing the keeping of domestic dogs, cats or like household pets within a Townhouse Unit."

The Association will allow only housepets such as dogs, cats, birds or fish. The following rules apply only insofar as they do not conflict with City ordinances:

1. All animals must be housed within the Townhouse Unit. 2. No fences, * pens or doghouses, temporary or permanent, are to be built

outside. 3. Dogs and cats must be on a leash and accompanied by a responsible person

when outside. 4 . All animal waste must be cleaned-up immediately. 5. Households will be limited to 2 dogs or cats. Homeowners who currently

have more than two animals are allowed to keep the additional animal for their natural life but cannot replace them upon their loss.

The Board does its best to inform pet owners of these regulations and respond to animal complaints. If you are annoyed by recurring violations, your best action is to contact either of the following agencies:

Kane County Animal Control St. Char1es Public Health

232-3555 377-4406

*Invisible fencing is allowed with board permission.

Loose or noisy animals Animal waste problems

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HUNTERS FIELDS COMMONS HOMEOWNERS ASSOCIATION

LANDSCAPING INFORMATION

The Board of Directors contracts with a professional landscaping company to perfonn lawn maintenance and landscaping for the spring, summer and fall seasons, approximately March through November. The Board also contracts with a professional tree service to provide year round maintenance. All requests and complaints must be directed to the Landscaping representative on the Board of Directors.

Services provided by the Landscaping Service: Spring and fall cleanup Weekly lawn mowing and lawn trimming Lawn fertilization Lawn weed control Monthly sidewalk edging Flower bed edging 2 times per year Pruning of trees and shrubs under 15 feet Spraying for insects as needed

Services provided by Tree Service: Scheduled pruning of trees every 5 years based on tree type Custom pruning of trees as needed Treatment of trees as necessary Spraying for insects as needed

Homeowner Responsibilities: Watering of grass, trees and shrubs Removal of all obstacles from lawn prior to mowing Marking of all areas not to be trimmed or cultivated by landscapers with red flags. Homeowners not wanting trees to be trimmed must send a letter to the Board of Directors and identify the tree. Notification to Board member of bugs, disease, etc. on shrubs, trees or lawn. Submit plans to Board for any additions or changes in landscaping (other than flower plantings in existing beds). Special Note to Animal Owners: Pet owners must immediately remove all animal waste created by their pets and are responsible for all damage created by their pets to lawns, trees and shrubs. Animals are not to be chained to trees, shrubs or stakes. (See Animal Restrictions for specific regulations.)

SNOW REMOVAL INFORMATION

The Board of Directors contracts with a professional snow removal service. Snow removal will be done based upon a registered snow fall of 2 inches or more as recorded at OuPage Airport. Snow is removed from homeowner driveways, service walks (from the driveway to the front door) and the guest parking areas. The City of St. Chartes is responsible for the streets and individual homeowners are responsible for the sidewalks. All requests and complaints should be directed to the Board representative.

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HUNTERS FIELDS COMMONS HOMEOWNERS ASSOCIATION

MATERIALS & MAINTENANCE UST

Association By-laws prohibit any changes to the fa~de of your townhouse, therefore, all repairs and maintenance must be compatible with the materials used in construction. The following is a list of original materials, sources and sub-contractors used in the construction of your home:

Doors Call 1-800-PEACH99 for replacement parts. Materials: Patio Door, Peachtree CARV 6-24N1 Materials: Front Door, Peachtree A300

Windows Source: Searls Building Components, (630)-778-0900 Materials: Andersen Perma-Shield, Narroline, double-hung windows with screens and decorative grills.

Garage Doors Source: Door Systems, Lombard, IL, (630)-629-7700 Materials: Overhead Garage Door MS 0870 Sub-Contractor: Door Systems

Exterior Paint Source: J.C. Licht Co. Materials: Exterior Trim, Pratt & Lambert Permalize Alkyd High Gloss Hiding White C34972, mixed B-2, L-4, China White or Chalet Materials: Exterior Doors, Benjamin Moore - Cottage Red, Hamilton Blue or Lafayette Green.

Aluminum Siding Materials: ALCOA Aluminum Rustic 419 DBL Four Siding, 12'- 6" lengths (381 em.), colors 4NCR 024 Heritage Grey, Provincial Beige and Sandstone.

Roofing Source: L. Tabor Roofing, Sl Charles, IL call Larry at 584-4945 Materials: Globe Seals 235# asphalt seal tab shingles, color Blackblend, and 15# felt paper. Sub-Contractor: L. Tabor Roofing

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DECLARAT:ION

INDEX

HUNTERS F:IELDS COMMONS HOMEOWNERS ASSOCIATION

DECLARATION OF PARTY WALL RIGHTS COVENANTS 1 COND:ITIONS, RESTRICTIONS AND EASEMENTS

ARTICLE-1 ~TNESSETB/DECLARANT OR BBNBPICrARIBS OF

A. Leqal Title owner B. Intend to Construct c. Preservation of Values Amenities D. Incorporated (Association) E. Established Riqhts

NOW THEREFORE Section 1.01 Association

1.02 Property 1.03 Townhouse Unit (One Family) 1.04 owner 1.05 Member 1.06 Lot 1.07 Board

PAGE 1

2

1.08 Occupant 3 1.09 Family 1.10 By-Laws 1.11 Lawn 1.12 Landscpaed Areas (Dunham ' Foxfield) 1.13 Common Areas

II MEMBERSHIP

III VOLTING RIGHTS ' BOARD OF DIRECTORS 4 3.01 Classes of Votinq Members~ip · 3.02 No Ri9ht to withdraw • 3.03 Assoc1ationfBoard of Directors (Approval) 3.04 Expenditures, Assessment, Reduction/Increase 5 3.05 Aqreements, Duties 3.06 Adopt Rules ' Regulations 3.07 Books ' Records for Inspection

IV MAINTENANCE 1 RESTRICTIONS 1 EASEMENTS 4.01 Lawn ' Landscaped Areas/Care/Replacement 4.02 Easements for Lawn ' Landscaped Areas/Maint. 6 4.03 Restrictions Relatinq to Lots

Rev. 2

10

DECLARATION

INDEX (cont)

a) Use b) occupancy (Family) c) Noxious or Offensive Activities d) Hazardous Activities e) Unsiqhtliness Radio/TV Antennas f) Animals ' Pets * q) Laundry h) Debris (Fireplace Loqs,Trash) i) Liqhts, Sounds ' Odors j) Temporary Structures k) siqns (Advertisinq) *

PAGE

1) Gradinq/Drainaqe 8 m) Park.inq (Commercial, Recreational) n) Plantinq (Installation, Removal) o) Architectural Alterations ' Additions * p) Fences/Decks *

* Also see Restrictions Relatinq to Property, Article X, Pq.16

4.04 EASEMENT FOR POLICE ' FIRE PROTECTION

V PROVISIONS RELATING TO THE COMMON AREAS 9 5.01 Use of (Parkinq) 5.02 Title to 10 5.03 Easements with Respect to Declarant 5.04 Power ' Duties of Association 5.05 Public Dedication 5.06 Utility Easements/Non-Exclusive Easements

VI MAINTENANCE OF TOWNHOUSE UNITS 6.01 owner Responsibility 11

VII COVENANT FOR MAIN'l'ENANCE. ASSESSMEN'l'S 7.01 Declarant/Owners Obliqations/Liens 7.02 Assessments/Use of (Monthly Reserve) 12 7.03 Board Authorized to Pix Annual Assessment 7.04 Collection 7.05 Commencement of Assessments 7.06 Deliquent Payments 7.07 Lien of Assessments 13 7.08 Declarant Lease or Installment contract

VIII INSURANCE 8.01 Liability in connection with common Areas 14 8.02 Owners Reponsibility/Co-Insured (Rebuildinq)

Rev. 2

11

DECLARATION

INDEX(cont) PAGE

15 8.03 Failure of owner to Procure/Maintain insurance 8.04 Repair, Restoration or Rebuilding 8.05 Bolder of Mortgage 8.06 Failure to carry out Repair 8.07 Adjustment of Claim 16

IX INTERIM PROCEDURE 9.01 Developer/ Ownership riqhts 9.02 Developer/Board Authority 9.03 Powers Granted Developer of Collection 9.04 Developer Rights of Constructon

X RESTRICTIONS RELATING TO PROPERTY new pg 16 10.01 a) Siqns/for rent ' sale

b) Fences c) Patios not to exceed 12X20 240'sq ft

10.02 Developer Rights Durinq construction 17 10.03 owner Shall Not Impair Other Properties

Easements. 10.04 Exterior Color 10.05 Easements Relating to Maintenance 10.06 Easements Utilities 10.07 Permanent Esmnts Dominant Teneaent 10.08 Declarant Lease 18

XI PARTY WALLS 11.01 Common Walls/Dividing Walls Right to Use 11.02 Rights to Extend 11.03 Rebuild if Damaged 11.04 Willful Acts or omissions 11.05 cross Easement 19

XII PROPOSED ADDITIONS TO PROPERTY 12.01 Additional Areas 12.02 Amended Declaration 12.03 order of Making Additions 20 12.04 Limitations as to NUmber of Additional

Townhouse Units 12.05 compatibility of Additional Townhouse Units 12.06 Annexation of Additional Development Property

not Obligatory

XIII MISCELLANEOUS 13.01 Rights to Enforce 13.02 Invalidation of covenants 13.03 covenants ' Restrictions Amended 21

Rev. 2

12

13.04 Limitations for Which covenants May be Valid

13.05 Notices Properly sent When Mailed 13.06 Re-recorded Declaration 13.07 Conditions Herein 22 13.08 Default of owner 13.09 Lien of the Association · for unpaid assmt's 13.10 Valid Easements for Maintenance/Encroachment 13.11 Declarant Riqht to Re-record 23 12.12 creatinq a Uniform Plan for Operation of a

first class cooperative housinq development

Rev. 2

13

BY-LAWS

HUNTERS FIELDS COMMONS HOMEOWNERS ASSOCIATION

INDEX

ARTICLE-I PURPOSES ' POWERS

II OFFICES 2.01 Reqistered Office 2.02 Principal Office

III MEMBERSHIP 3.01 Voltinq Members 3.02 Classes of Membershi~ 3.03 Meetinqs Annual/Spec1al 3.04 Notice of Meetinqs

IV BOARD OF DIRECTORS 4.01 Board of Directors 4.02 Determination of Board to be Bindinq 4.03 Election of Board Members 4.04 CQmpensation 4.05 Vacancies

PAGE 1

2

3

4.06 Election of Officers 5 4.07 Removal 4.08 Meetinqs 4.09 Execution of Investments

V POWERS OF BOARD 5.01 General 5.02 Rules ' Regulations; Manaqement 5.03 Liability

VI ASSESSMENTS 6.01 Estimated Budqet 6.02 Extraordinary Expenditures 6.03 Budqet for First Year 6.04 Failure to Prepare 6.05 Books and Records 6.06 status of Collected Funds 6.07 Remedies for Failure to Pay 6.08 Forcible Entry ' Detainer 6.09 Exempt Lots

6 7

8

9

10

11

VII COVENANTS ' RESTRICTIONS AS TO USE ' OCCUPANCY

Rev. 1

14

BY-LAWS

I:NDEX (cont) PAGE

Vl:I:I: COMMITTEES 8.01 Board Committees 8.02 specia1 committees 8.03 Term 12 8.04 Chairman 8.05 vacancies 8.06 Quoram 8.07 Ru1es

I: X I:NTERI:H PROCEDURE

X AHENDEMENTS

XI: I:NTERPRETATI:ONS

XI: I: DEFI:NI:NTI:ON OF TERMS 13

CONSENT OF MORTGAGE 14

STATE OF I:LLI:NOI:S NOTARY PUBLI:C 15

Rev. 1

15

357530

PREPARED BY AND WHEN RECORDED RETURN TO: William B. Phillips, Esq. Hinshaw, Culbertson, Moelmann, Hoban & Fuller 69 West Washington Street Chicago, Illinois 60602

DECLARATION OF PARTY WA.LL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR

HUNTERS FIELDS COMMONS

0284445-1/ WBP 02/18/87

THIS DECLARATION is made and entered into on the date herein­after set forth by SHO-DEEN, INC., a Delaware corporation (hereinafter referred to as "Developer").

W I T N E S S E T H ----------A. Developer is the owner and legal title holder of certain

real estate in the City of St. Charles, County of Kane and State of Illinois which real estate is legally described in Exhibit "A" attached hereto and by this reference made a part hereof; and

B. The Developer presently intends to construct a development containing Townhouse Units, as hereinafter defined, which will require uniformity and continuing care and maintenance for the privacy, benefit and enjoyment of all persons owning and residing in the Townhouse Units; and

C. The Developer has deemed it desirable for the efficient preservation of the values and amenities of the proposed development to create an agency to which shall be delegated and assigned the powers of maintaining and administering certain areas of the Property (as hereinafter defined) and the administering and enforcing the covenants and restrictions hereinafter contained and created; and

D. The Developer will incorporate under the laws of the State of Illinois, as a not-for-profit corporation, the Hunter Fields Commons Homeowners' Association for the purpose of exercising the functions aforesaid; and

E. The Developer desires to establish for its own benefit and the mutual benefit of all future owners, tenants and occupants of the aforesaid development and real estate and any part thereof, certain easements and rights in, over, under, upon and along said development and real estate and certain mutually beneficial re­strictions and obligations with respect to the use, conduct and maintenance thereof;

1824456 1

NOW, THEREFORE, the Developer hereby declares that the real estate described in Exhibit "A" is and shall be transferred, held, sold, conveyed and accepted subject to this Declaration of Party Wall Rights, Covenants, Conditions, Restrictions and Easements. The Developer does hereby further declare that the following easements, covenants, restrictions, conditions and burdens, uses, privileges, charges and liens shall: {1) exist at all times hereafter amongst all parties having or acquired right, title or interest in any portions of the real estate; {2) be binding upon and inure to the benefit of each Owner {as hereinafter defined): and {3) run with the land subject to this Declaration, to be held, sold and conveyed subject thereto.

Section 1.01 "Association" shall mean and refer to Hunters Fields Commons Homeowners• Association, an Illinois not-for-profit corporation.

Section 1.02 "Property" shall mean and refer to that certain real estate described in Exhibit "A" .

Section 1.03 "Townhouse Unit" shall mean a residential housing unit consisting of a group of rooms which may be attached to one or more other Townhouse Units by common party walls and which are designed or intended for the exclusive use as living quarters for one Family, as hereinafter defined, as constructed by the Developer upon the Property.

Section 1.04 •owner• shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, as hereinafter defined, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. The term "Owner" shall include the Developer to the extent of the number of Lots owned by Developer and also includes the interest of Developer as contract seller of any Lot.

Section 1.05 "Member" shall mean and refer to any person or entity who holds membership in the Association.

Section 1.06 "Lot• shall mean and refer to a platted lot designated as such upon any recorded subdivision map of the Property and upon which Lot one Townhouse Unit is constructed or will be constructed.

Section 1.07 "Board" shall mean the Board of Directors of the Association as constituted at any time or from time to time in accordance with the applicable provision of Article III.

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Section 1.08 "Occupant" shall mean any person or persons other than the Owner in possession of a Townhouse Unit.

Section 1. 09 "Family" shall mean one or more persons each related to the other by blood, marriage, or legal adoption or a group of not more than three (3) persons not all so related, together with his or their domestic servants, maintaining a common household in a Townhouse Unit.

Section 1.10 "By-Laws" shall mean the By-Laws of the Hunters Fields Commons Homeowners' Association, a copy of which is attached as Exhibit "B" hereto and by this reference made a part hereof.

Section 1.11 "Lawn" shall mean that part of each Lot which:

a) • has no improvements constructed thereon:

b) • is not within a fenced-in area;

c) • is sodded with grass;

and "Lawns" shall mean all Lawns within Property.

Section 1.12 "Landscaped Areas" shall mean that part of Lawns which are fronted onto Dunham and Foxfield Roads which have been landscaped with trees, sbrubery, berms and other forms of vegitation and physical landscaping.

Section 1.13 "Common Areas• shall mean all real property owned by the Association for the common use and enjoyment of all members of the Association and such uses thereto by way of easement of other grant from the Trustee, the Association or others as may be granted to or by the Association for the common use and enjoyment of the Owners.

ARTICLE II

MEMBERSHIP

Every person or entity who is a record owner of a fee or un­divided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including a contract seller, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification of membership. Nothing herein contained shall be interpreted to exclude Developer from membership while it or its successors in interest, if any, owns one or more Lots.

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Voting rights with regard to each Member are set forth in Article III hereof.

ARTICLE III

VOTING RIGHTS AND BOARD OF DIRECTORS

Section 3.01 The Association shall have two classes of voting membership:

Class A. Class A Members shall be all those Owners as defined in Article II, with the exception of the Developer. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to three (3) votes for each Lot in which the Developer holds the interest required for membership by Article II.

Section 3.02 No owner of any interest in any Lot shall have any right or power to disclaim, terminate or withdraw from his membership in the Association or any of his obligations as such Member, and no purported disclaimer, termination or withdrawal thereof' or therefrom on the part of any such owner shall be of any force or effect for any purpose.

Section 3.03 The Association shall have a Board of five (5) Directors who shall be elected by the Members of the Association at such intervals as the corporate charter and By-Laws of the Association shall provide, except that any vacancies in the Board occurring between regularly scheduled meetings of the Members may be filled by the Board if so provided by the corporate charter or By­Laws and that the first Board may be appointed by the Developer and shall be three (3) in number and shall serve until resignation or their successors have been elected. The Association shall have such officers as shall be appropriate from time to time, who shall be elected by the Board who shall manage and conduct the affairs of the Association under the direction of the Board. Except as expressly otherwise provided ,by the charter or By-Laws, all power and authority to act on behalf of the Association both pursuant to this Declaration and otherwise shall be vested in its Board from time to time and its officers under the direction of the Board and shall not be subject to any requirements of approval on the part of its Members. The corporate charter and By-Laws of the Association may include such provisions for the protection and indemnification of its officers and directors as shall be permissible by law.

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1824456

Section 3. 04 The Association, being a not-for-profit corpor­ation, shall not distribute to its Members any sums in the nature of dividends upon its shares. To the extent that funds shall not be required for current expenditures or for reserves, the next monthly assessment may, in the discretion of the Board, be eliminated or the amount thereof appropriately reduced. Such reduction shall not prevent reinstatement of or increase in such assessments when required, but such reinstatement or increase shall not be retroactive.

Section 3.05 Whenever possible, the Association shall perform its functions and carry out its duties by entering into agreements for the performance thereof with such persons and business entities regularly engaged in the performance of generally similar functions and duties as the Board shall determine, which agreements shall be for such length of time, at such rates of compensation and upon such other terms and provisions as the Board shall determine from time to time. Such persons or business entities may, but need not, be persons or business entities owning or otherwise directly or indirectly interested in the Property or any part thereof. The Association itself shall also have power to perform its functions and carry out its duties.

Section 3.06 The Association, through the resolutions of the Board, shall have the right to adopt rules and regulations governing the Lots and the use thereof.

Section 3. 07 The books and records to be kept by the Board shall be available for inspection by any Owner or any representative or any Owner duly authorized in writing, or any holder of a first mortgage lien of a Lot at such reasonable times during the normal business hours as may be requested by the Owner or by the holder of said first mortgage lien.

ARTICL.E IV

MAINTENANCE OF LAWNS AND LANDSCAPED AREAS BY THE ASSOCIATIONJ RESTRICTIONS ON USE OF LOTS;

EASEMENTS FOR FIRE AND POLICE PROTECTION

Section 4. 01 Lawn and Landscaped Area Care. The Association shall maintain the Lawns and Landscaped Areas in a manner which will enhance and protect the value, desirability, appearance and aesthetics of the Property, which maintenance shall include, but not be limited to:

a}. the mowing of Lawns;

b). cultivating of Lawns and Landscaped Areas;

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I 82.44SS

c) . trimming and feeding of evergreens and shrubs:

d). reseeding:

e). fertilizing and weeds control programs:

f). spraying, feeding and trimming of trees:

g). replacement of Lawns, shrubbery, trees, evergreens and plantings as required from time to time.

The Association shall have the right to draw water from individual Townhouse Units as required for the efficient performance of its duties hereunder.

Section 4. 02 Easements for Lawn and Landscaped Area Maintenance. The Association is hereby granted an easement over, under and upon each Lot as may be necessary or convenient for the maintenance of Lawns and Landscaped Areas (together "Easement Areas•) and The Association, its agents and employees, shall have the right to go upon such easement areas for such purposes.

Section 4.03 Restrictions Relating to Lots.

a). Use: Each Lot shall be used exclusively for residential purposes. No Lot or Townhouse Unit shall be used at any time for business or commercial activities: PROVIDED, HOWEVER, that Developer, or its nominee, may use any part of the Property for model homes, promotions, displays and sales offices, construction offices, buildings for storage or equipment and necessary open storage of equipment, or to provide the services necessary and required pursuant to the provisions hereof.

b). Occupancy: No Townhouse Unit shall be used for living purposes by anyone other than a Family.

c). Noxious or Offensive Activities: No noxious or offensive activities shall be carr1ed on 1n any part of the Property, nor shall anything be done which is or may become a nuisance or cause a disturbance or annoyance to others.

d). No Hazardous Activities: No activities shall be conducted on any part of the Property, and no improvements shall be constructed thereon which are or might be unsafe or hazardous. Without limiting the generality of the foregoing, no firearms shall be discharged, and no open fires shall be lighted or permitted, except in a contained barbecue at ground level while attended and in use for cooking purposes, or within a safe and well designed in­terior fireplace, or except for such controlled and attended fires required for clearing or maintenance of Lots.

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18..244·S.S

e). Unsightliness: No unsightliness shall be permitted, and no masts, antennas or other structures designed for transmitting or receiving messages or programs by radio or television shall be erected, permitted or maintained upon the exterior of a Townhouse Unit or upon any other part of a Lot, unless permitted by the Rules and Regulations adopted by Association.

f). Animals and Pets: No rabbits, poultry or animals or any kind, character or species shall be kept upon or maintained on any part of the Property; PROVIDED HOWEVER, that Developer and Association shall have the right to adopt reasonable Rules and Regulations governing the keeping of domestic dogs, cats or like household pets within a Townhouse Unit.

g) • Laundry: No clothes, sheets, blankets or other household articles shall be hung or exposed on any part of a Lot.

h). Debris: No storage piles or materials shall be kept except within a Townhouse Unit and no lumber, grass, shrubbery, tree clippings, plant waste, metals, bulk materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any part of a Lot. Materials for fireplace use and storage of refuse and trash shall be at places and in containers as prescribed by Rules and Regulations promulgated by Association.

i) • Lights, Sounds and Odors: No exterior lighting shall be installed on any part of a Lot which is unreasonably bright or causes unreasonable glare: PROVIDED, HOWEVER, that each Owner may install exterior lighting which shall be either indirect or of such controlled focus and intensity so as to not disturb residents of adjoining Lots, which exterior lighting is subject to regulation by the Association. No sounds shall be emitted which are un­reasonably loud and annoying and no odors shall be emitted which are noxious or offensive to others.

j). Temporary Structures: No tent, shed or temporary building or structure not attached to a Townhouse Unit or improvement shall be placed upon any Lot: PROVIDED, BOW­EVER, that Developer may erect construction sheds, tempo­rary construction buildings and other like above-grade structures which are required in the improvement of the Property with Townhouse Units or as otherwise permitted by the provisions of Declaration.

k). Signs: No sign or other advertising device shall be erected or maintained on any Lot or on or inside any

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I-8244Si

Townhouse Unit or on any part of Easement Areas: PROVIDED, HOWEVER, that entrance signs and other signs or advertising devices reasonably necessary to implement and facilitate the residential use and enjoyment of the Property may be erected by Developer.

1}. Grading: Except as shall be designated or performed by Developer, there shall be no change in the grading of the Property after completion of the Townhouse Units and grading of the Lots, nor shall any established pattern of drainage of surface waters be altered without the approval of Association or Developer.

m). Parking: All Owners, Tenants and Occupants shall use their respective Garages and driveways for the parking and storage of motor vehicles: PROVIDED, HOWEVER, that the use of such driveways for the permanent parking of commercial vehicles is prohibited and provided further that all recreational vehicles must be stored in a closed garage. For the purposes hereof, recreational vehicles shall include, but shall not be limited to, campers, mobile homes, trailers, boats and snowmobiles. All such parking shall be further regula ted by the Rules and Regulations promulgated by Association.

n). Planting: No plants or seeds, trees, shrubberies or bushes incompatible with the natural aesthetics of the Property will be permitted, no such vegetation shall be permitted in Lawns or Landscaped Areas and no plants, trees or shrubberies shall be removed without the prior written approval of Developer or Association.

o). Architectural Alterations and Additions: There shall be no architectural changes or additions made to any Townhouse Unit nor shall there by any change in the exterior materials used in the construction thereof, except with the prior written consent of Developer or Association.

p). Fences: Except for those Lots which are adjacent to Dunham and Foxfield Roads, each Owner may fence in that part of the Lot behind the Townhouse Unit: PROVIDED, HOWEVER, that the only fencing material shall be 49• rustic cedar picket and fencing shall not extend more than 20 feet from the rear of the Townhouse Unit; and PROVIDED FURTHER, that the Association shall have no responsibility to maintain Lawns within any fenced in area. No fences shall be permitted on those Lots adjacent to Dunham and Foxfield Roads.

Section 4. 04 Easement for Police and Fire Protection. An easement is hereby granted to the City of St. Charles, Ill1no1s (the "City") to go upon the Lots for the purpose of providing police and

-a-

Amendment to

Article IV of Document 11824456 October 15, 1991

Prepared by and when: Janet L. Odegard Vice-President of Hunters Fields Commons Homeowners Association P . 0. Box 751 St. Charles, IL 60174

Acting on behalf of the Association under Article III, Section 3.03 upon approval of the Association on September 27, 1991 amends Article IV, Sections e, h, m &

BUNTERS FIELDS COMMOMS

DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HUNTERS FIELDS COMMONS

ARTICLE IV

Section 4.03 Restrictions Relating to Lots.

(At Present)

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e.) Unsightliness: No unsightliness shall be permitted, and no masts, antennas or other structures designed for transmitting or receiving messages or programs by radio or television shall be erected, permitted or maintained upon the exterior of a Townhouse Unit or upon any other part of a Lot, unless permitted by the Rules and Regulations adopted by the Association.

(Amendment to Read)

e . l Unsightliness: No unsightliness shall be permitted, and no masts, antennas or other structures designed for transmitting or receiving messages or programs by radio or television shall be erected, permitted or maintained upon the exterior of a Townhouse Unit or upon an~ other part of a Lot, unless permitted by the Rules and Regulations adopted by the Association. Further, no perma.nently installed basketball hoops, children's playaets or gyms, sandboxes or pools shall be permitted. Portable versions of such items must be removed from the lawn to patios or garages when not in use and properly stored inside when out of season .

(At Present)

h.) Debris: No storage piles or materials shall be kept except within a Townhouse Unit and no lumber, grass, shrubbery, tree clippings, plant waste, metals, bulk materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any part of a Lot. Materials for fireplace use and storage of refuse and trash shall be at places and in containers as prescribed by Rules and Regulations as promulgated by Association.

(Amendment to Read)

b.) Debris: No storare piles or materials shall be kept except within a Townhouse Unit and no lumber, grass, shrubbery, tree clippings, plant waste, metals, bulk materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any part of a Lot. Materials for fireplace use and storage of refuse and trash shall be at places and in containers inside the Townhouse Unit or garage.

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Amendment to

Article IV of Document 11824456 October 15, 1991

Prepared by and when: Janet L. Odegard Vice-President of Hunters Fields Commons Homeowners Association P. 0. Box 751 St. Charles, IL 60174

Acting on behalf of the Association under Article III, Section 3 . 03 upon approval of the Association on Septe•ber 27, 1991 amends Article IV, Sections e, h, m ~ o.

HUNTERS FIELDS COHMOMS

DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HUNTERS FIELDS COMMONS

ARTICLE IV

Section 4.03 Restrictions Relating to Lots.

(At Present)

m.) Parking: All Owners, Tenants and Occupants shall use their respective Garages and driveways for the parkinl and storage of motor vehicles; PROVIDED, HOWEVER, that the use of such driveways for the permanent parking of commercial vehicles is prohibited and provided further that all recreational vehicles •ust be stored in a closed garage. For the purposes hereof, recreational vehicles shall include, but shall not be limited to, campers, mobile homes, trailers, boats and snowmobiles. All such parking shall be further regulated by the Rules and Regulations promulgated by the Association.

(Amendment to Read)

m.) Parking: All Owners, Tenants and Occupants shall use their respective Garages and driveways for the parking and storage of motor vehicles; PROVIDED, HOWEVER, that the use of such driveways for the permanent parking of commercial vehicles is prohibited and that such vehicles must be stored in a closed garage, and provided further that all recreational vehicles must be stored in a closed garage. A commercial vehicle shall be defined as a car, truck or van that carries or contains: construction or utility equipment that is visible from the exterior of the vehicle; and/or equipment racks; and/or commercial signage and/or as any vehicle in excess of 3/4 ton carrying capacity. For the purposes hereof, recreational vehicles shall include, but shall not be limited to, campers, mobile ho•es, trailers, boats and snowmobiles . All such parking shall be further regulated by the Rules and Regulations promulgated by the Association.

(At Present)

o.) Architectural Alterations and Additions: There shall be no architectural changes or additions made to any Townhouse Unit nor shall there be any change in the exterior materials used in the construction thereof, except with the prior written consent of Developer or Association.

(Amendment to Read)

o.) Architectural Alterations and Additions: There shall be no architectural changes or additions made to any Townhouse Unit nor shall there be any change in the exterior materials used in the construction thereof, except with the prior written consent of the Association. The addition of a white, full-view type storm door is permitted. Any deviation from this~type of storm door, except for those installed prior to,· the • filina of this amendllent, shall not be peraitted without the ·--pri·or •.written consent of the Association. Such chan&~s~pr additions shall include, but shall not be limited to, decorative or greenhouse windows, awninas, skylilhts and exterior vents or fans .

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Amendment to I 9 5 f 8 ~ 8

Article IV of Docunent 111824456 November 7, 1988

Prepa!i.ed by and when: Robert T. I<night President of Hunters Fields Coomons Homeowner's Association 905 Derby Course

t" i!._£C =-oR R£CGRl iMif COI!NTY.fll. .

1989 Jl.ll -6 AH 9: 30

~-<a. ~ q~ .RECORDER

c- St. Charles, IL 60174

cr.':'

Acting on behalf of the Association under Article III, section 3.03 upon approval of the Association on October 4, 1988, amends Ar tivle IV.

( At Present)

ARTICLE IV

MAINmENAOCE OF LAWNS AND LANDSCAPED AREAS BY 1HE ASSOCIATION; · RES'IRIC'l'IONS ON USE OF LOTS;

EASan:NrS FOR FIRE AND POUCE PROTECTION

Section 4.03 Restrictions Relating to Lots. f). AliiJII8lB arld Pets: No r8hbits, pOUltry or animals of any kind, character or species sh811 be kept upon or maintained on any part of the property; PROVIDED H~, that Developer and Association shall have the right to adopt reasonable Rules and Regulations governing the keeping of domestic dogs, cats or like house hold pets within a Townhouse Unit.

(Amendment to Read)

ARTICLE IV

MAINIENAtCE OF LAWNS AND LANDSCAPED AREAS BY 1HE ASSOCIATION; RES'IRIC'l'IONS ON USE UF LOTS;

EASEMENI'S FOR FIRE AND POLICE PROTECTION

Section 4.03 Restriction Relating to Lots. £). An1Jii8ls arld Pets: No rabbits, poultry or animals of any kind, character or species sb811 be kept upon or maintained on any part of the property; PROVIDED fD.lEVER, that Developer and Association shall have the right to adopt reasonable Rules and Regulations governing the keeping of domestic dogs, cats or like housejold pets within a Townhouse Unit .

The Association will allow only housepets such as dogs, cats , birds or fish. The following rules apply only insofar as they do not conflict with City ord.inances: 1) All ·animals DJSt be housed within the Townhouse Unit. 2) No fences, pens or doghouses are to be built outside . 3) Dogs and cats must be on a leash and acCCICIIpADied by a responsible person

when outside. 4) All animal 'WaSte IIIUSt be cleaned up inmediately. 5) Households will be limit ed to tw dogs or cats (or ooe of each) only.

HaDeowners who currently have more than two of these animals are allowed to keep the additional ~ for their natural life 'l::ut cannot replace them upon their loss.

HlJN'l'ERS FIEU>S CCHDNS ~ ASSOCIATION By Janet Odegard, Secretary

812 Derby Course St. Charl-es, IL 60174

HlJNIJltS FIEl.DS <llfomS TOWNIIXJSE ASSOCIATIOO c/o Carolyn A. Foute ~ 1006 Derby Course :> St. 0\arles, n. 60174 ~ g S I B 4 B

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Amendment to

Article V of Document #1824456 October 15, 1991

Prepared by and when: Janet L. Odegard Vice-President of Hunters Fields Commons Homeowners Association P. o. Box 751 St. Charles, IL 60174

Acting on behalf of the Association under Article III, Section 3.03 upon approval of the Association on September 27, 1991 amends Article V, Section 5.01.

HUNTERS FIELDS COMMOMS

ARTICLE V

PROVISINS RELATING TO THB COMMON AREAS

(At Present)

Section 5.01 Use of the Common Areas. The Comaon Areas shall be paved and improved as parking areas for the non-permanent parking of passenger automobiles. Each Member, Owner and Occupant, and their invitees, shall have a non-exclusive right and easement in, over, upon and to the Common Areas for purposes of vehicular and pedestrian ingress, egress and parking and the co .. on Areas shall be held for the use and benefit of each Member, Owner and Occupant, and their invitees, and such easement shall be apurtenant to and shall pass with the title to every Lot, subject to the following provisions:

Note: No changes to items a orb of Section 5.01.

!Amendment to Read)

Section 5.01 Use of the Common Areas. The Common Areas shall be paved and improved as parking areas for the non-permanent parkin• of passenger automobiles or other non-commercial and non-recreational vehicles as defined in ARTICLE IV, Section 4 . 03m. Each member shall have a non-exclusive right and easement in, over, upon and to the Common Areas for purposes of vehicular and pedestrian in•ress, egress and parking and the Common Areas shall be held for the use and benefit of each Member, Owner and Occupant, and their invitees, and such easement shall be apurtenant to and shall pass with the title to every Lot, subject to the following provisions:

Note : No changes to items a or b of Section 5.01.

eire protection services and maintaining and repa~r1ng those ~ortions of the Lots (streets, sidewalks, sewer and water mains and lines) which the City shall deem to require maintenance or repair for the purpose of keeping (a) the streets and sidewalks thereon open at all times for the passing of fire, police and other emergency vehicles, personnel and equipment from the date such notice is received; and (b) the sewer and water main lines func­tioning and for their intended purpose.

ARTICLE V

PROVISIONS RELATING TO THE COMMON AREAS

Section 5 .01 Use of the Common Areas. The Common Areas shall be paved and improved as parking areas for the non-permanent parking ftaJ of passenger automobiles. Each Member, Owner and Occupant, and ~ their invitees , shall have a non-exclusive right and easement in,~ il over, upon and to the Common Areas for purposes of vehicular and 0 --1~"' pedestrian ingress, egress and parking and the Common Areas shall be I held for the use and benefit of each Member, Owner and Occupant, and their invitees, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

a). The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless the dedication is approved by Members entitled to cast two­thirds (2/3) of the total votes of all Members. Developer agrees for itself, its successors in interest and assigns, that to give effect to the dedication, the Plat of Dedication need not be signed by each affected Owner. Rather, it shall only be necessary that the Plat of Dedication be signed by the President; of the Association and countersigned by the Secretary, who shall certify upon said Plat that the dedication is made pursuant to this Section and that the requisite approval of the Members was obtained at a regular or special meeting on the mentioned date. The said Plat shall otherwise conform to all other requirements for Plats of Dedication. Upon the recording of said Plat, the dedication shall become effective as if and to the same extent as if each affected Owner signed the Plat. For the purpose of this Section, each Owner appoints the Association as its attorney-in-fact, which power of attorney shall be irrevocable and coupled with an interest, to sign the Plat of Dedication on its behalf.

b). As part of the overall program of development of the Property into a residential community and to encourage the marketing and construe t1.on thereof, the Developer and

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Sandy Wegman Kane County Recorder

· 719 S Batavia Ave, Bldg C Geneva, n., 60134

630-232-5935

Reco~di~g Cover -Page

2004K127879 .

SANDY WEG"AN RECORDER KANE COUNTY, IL

RECORDED ON 09/29/2004 09:30A"

REC FEEi 25.00 PAGES: 3

This page added for·~e purpose of affixing Recorcting Information.

D Deed_.;.__ __________ _

·~ Other cUu b I D ucc

.0 Plat

/

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AMENDMENT TO DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

FOR HUNTERS FIELDS COMMONS

This Amendment to Declaration of Party Wall Rights, Covenants, Conditions, Restrictions and Easements for Hunters Fields Commons is executed this'"Z-'1 day of ~FZC ,2004.

RECITALS

WHEREAS, the Declaration of Party Wall Rights, Covenants, Conditions, Restrictions and Easements for Hunters Fields Commons was established pursuant to document recorded as Document No. 1824456 in the Kane County Recorder's Office; and

WHEREAS, pursuant to the provisions of Article Xlll Section 13.03 said Declaration is subject to amendment by vote of seventy-five percent (75%) of the total votes provided in Article ill of the Covenants; and

WHEREAS, pursuant to a vote of the Members of the Association, seventy-five percent (75%) of said Members have elected to exercise their right to amend the Declaration as set forth in Section 13.03 in the manner herein set forth.

NOW THEREFORE, this Amendment to Declaration of Party Wall Rights, Covenants, Conditions, Restrictions and Easements for Hunters Fields Commons is hereby declared effective on the date set forth above:

1. Section 4.03e) is hereby amended to read as follows:

e). Unsightliness: No unsiglttliness shall be permitted, and no masts, antennas or other structures designed for transmitting or receiving messages or programs by radio or television shall be erected, permitted or maintained upon the exterior of a Townhouse Unit or upon any other part of a Lot, except that satellite dishes not larger than 18 inches in diameter shall be allowed if attached to the chimney of unit not higher than necessary to receive signal, unless permitted by the Rules and Regulations adopted by the Association. Further, no permanently installed basketball hoops, children's play sets or gyms, sandboxes or pools shall be permitted. Portable versions of such items must be removed from the lawn to patios or garages when not in use and properly stored inside when out of season.

2. Section 7.06 of the Declaration is hereby amended to read as follows:

Section 7. 06 Assessments are due on the rr day of every month and will be considered delinquent if not paid within thirty (3 0) days. A $5.00 late fee will be assessed for each month an assessment is considered delinquent. /11 addition, a $25.00 fee will be assessed for (NSF) checks received, and the Association may bring an action at law agai11st the Owner perso11ally obligated to pay the same, or

foreclose the lien against the respective Lot and interest costs and reaso11able attomey's f ees of any such action all be added to the amount of such assessment. Each Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the right D11d power to bring all actions against such Owner personally for the collection of such charges as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage or deed of Trust lien on real property, except that the court shall retain the defaulting Owner from reacquiring his interest at such judicial sale.

The consent of the Members approving the Amendment of the foregoing is attached hereto.

Executed this ?..9 day of_.s;i_~:;_-..:.....:..1_· _ _ _ ____,., 2004

eowners Association

1'(1 2.7-1

Subscribed and s~re me . tbisd.1 day of , )£A , 2004

~K-~~ ry ublic

Br .. ~-Hf.J H osc, lfC:. I I /001 E. H A JJ.J S"f. V/V tt' 8 5:T LH-rlr<Le..s ZL C::.ot74

its contractors, subcontractors, and their respective agents and employees, shall, for sales and construction purposes , have the right of use of certain Lots and the Common Areas and facilities thereof without charge during the s ales and construction period to aid in its construction and marketing.

Section 5.02 Title to the Common Areas. Title to the Common Areas shall vest in the Association and the Developer hereby cove­nants for itself, its successors and assigns, that it will cause fee s imple title to the Common Areas to be conveyed to the Association o n or before the conveyance of title to fifty per cent (50%) o f the Lots to the purchasers thereof, free and clear of any mortgage liens of record subject, however, to the provisions of Section 5.01 hereof.

Section 5. 03 Easements with Respect to the Common Areas . Developer, its agents, employees, guests and invitees shall have the right and easement for ingress and egress on, over, upon, under and across the Common Areas for sales and construction purposes until Developer has c aused to be conveyed all of the Lots to the purchasers thereof, which easement shall be irrevocable, but shall lapse upon the conveyance of the last Lot.

Section 5.04 Power and Duties of the Association with Respect to The Common Areas .

a). The Association shall have the right and duty to build, construct, reconstruct, repair and maintain the Common Areas .

b). The Association shall have the right of ingress and egress over and upon the Common Areas for any and all purposes connected with the use, maintenance, construction, operation, repair and reconstruction of the Common Areas .

c). The Association, through resolutions of the Board, shall have the right to adopt rules and regulations governing the use, maintenance and administration of the Common Areas and for the health, comfort, safety and general welfare of persons using the Common Areas.

Section 5. OS Public Dedication. Declarat1on shall be construed or deemed express or implied, of any part of the public use or purpose whatsoever.

Nothing contained in this to constitute a dedication, Common Areas to or for any

Section 5.06 Utility Easements in the Common Areas . The Common Areas will be subject to utility easements for sanitary and storm sewers, water, gas, electricity, telephone and any other necessary utilities. If any such utilities are not installed or any easements not created for same prior to conveyance of the Common Areas to the Association, the Association shall grant such easement or easements

-10-

upon request of the Developer. Alternatively, Developer may to cause title to the Common Areas to be conveyed subject reservation in favor of Developer that he shall have the thereafter to create such non-exclusive easements.

SECTION VI

MAINTENANCE OF TOWNHOUSE UNITS

elect to a right

Section 6. 01 Each Owner shall carry out or cause to be per­formed all maintenance and repairs to the exterior of the Townhouse Units and the Lots including, without limitation, all masonry walls, including the foundations thereof, front masonry steps, roofs, gutters and downspouts made necessary and desirable as a result of natural or ordinary wear and deterioration. Each Owner shall also perform such maintenance, improvement and repair of any fencing installed. Each Owner shall, in addition, carry out or cause to be performed all such maintenance and repair of all water, sewer, gas, telephone, and electrical lines incorporated in and forming a part of the Townhouse Unit. In addition, each Owner shall have the obligation to maintain in good condition and repair his glass surfaces, storage shed, if permitted by the Association, windows, front entry and garage doors, electrical fixtures, patio, lawn and walkways located on his Lot. Upon the failure of any Owner to maintain those areas which are not the maintenance responsibility of the Association, the Association, through its agents and employees, is hereby granted the right to enter upon the Lot and make such reasonable repairs, maintenance, rehabilitation or restoration of the premises as may be necessary, and the costs thereof shall become a lien upon the Lot in the same manner as provided in Article VII hereof for nonpayment of maintenance assessments.

ARTICLE VII

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 7. 01 The Developer, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements or such other improvements upon the Property such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interests, costs and reasonably attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot

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1824456

at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them.

Section 7.02 The assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety, and welfare of the residents in the Property and in particular for the improvement and maintenance of the Property, services and facilities devoted to this purpose, and of the Townhouse Units situated upon the Property. Such uses shall include, but are not limited to, the cost of the Association of maintaining the Lawns and Landscaped Areas as may from time to time be authorized by the Board, and other facilities and activities including, but not limited to, mowing grass, caring for the grounds, landscaping, equipment, street lighting, if any , all sanitary and storm sewer and water lines, structures and appurtenances (other than those maintained by any governmental authority or utility company), perimeter fencing, if any, and other charges required by this Declaration of Party Wall Rights, Covenants, Conditions, Restrictions and Easements or that the Board shall determine to be necessary or desirable to meet the primary purpose of the Association, including the establishment and maintenance of a reserve for repair, maintenance, replacements, taxes, and other charges as specified herein. In addition, water, waste removal and/or any utili ties which are not separately metered or otherwise directly charged to individual Owners shall be paid for by the Association from the maintenance fund. The Board reserves the right to levy additional assessments against any Owner to reimburse it for excessive use by such Owner of any utility service, the expense of which is charged to the maintenance fund. At the time each Townhouse Unit is first occupied, the Owner shall pay (in addition to the first monthly assessment) to the manager or managing agent, or as otherwise directed by the Board, an amount equal to two times the first full monthly assessment for such Owner, which amount shall be used and applied as a reserve for replacements in the manner herein provided. In the event, however, that the Board determines that there exists a surplus in the replacement reserve, the Board shall have the authority to transfer such funds into the operating account to fund any deficit in said account.

Section 7. 03 The Board shall be authorized to fix the annual assessment in an amount sufficient to meet the costs and expenses as contained in Section 7.02 hereof provided.

Section 7.04 The annual assessments must be fixed at a uniform rate for all Lots, and shall be collected on a monthly basis.

Section 7. OS The annual assessments provided for herein shall commence for all Lots within the Property of the first day of the month following the conveyance of the first Lot, except as otherwise provided in Section 7.08 hereof. The Board shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period and in lieu thereof, the

-12-

1824456

amount of the prior year • s annual assessment shall be the fixed amount. Written notice of any changed amount of annual assessment shall be due on the first day of each month. An Owner shall first be liable for payment of the full monthly assessment on the 1st day of the month following conveyance of title to him. This payment shall be in addition to the prorated portion of the monthly assessment which Owner shall pay as of the date title to his Lot is conveyed. The Association shall upon demand at any time furnish a certificate in writing signed by an officer or agent of the Association setting forth whether the assessments on a specified Lot have been paid and, if not paid, the amount of any such deficiency, such certificates shall be conclusive evidence of payment of any assessment therein.

Section 7.06 Any assessments which are not paid when due shall be deliquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of deliquency at the rate of twelve (12%) per annum, and the Association may bring an action at law against the Owner personally 0 obligated to pay the same, or foreclose the lien against the ~ respective Lot and interest costs and reasonable attorney's fees of ,~v ~ any such action all be added to the amount of such assessment. Each~t~ O Owner, by his acceptance of a deed to a Lot, hereby expressly vests q · in the Association, or its agents, the right and power to bring all _h~ actions against such Owner personally for the collection of s uch "'' charges as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage or deed of Trust lien on real property, except that the court shall restrain the defaulting Owner from reacquiring his interest at such judicial sale.

Section 7. 07 The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage now or hereafter placed on the Lots provided, however , that such recorded mortgage shall be subject to the lien of all unpaid assessments with respect to such Lot which became due and payable subsequent to the date the holder of said mortgage takes possession of the Lot, accepts a conveyance of any interest in the Lot or has a receiver appointed in a suit to foreclose his lien.

Section 7.08 With regard to any Lots upon which Townhouse Units are being constructed or have completed and title has not been conveyed by Developer, the assessment respecting any such Lot shall be limited to the aggregate amount of actual operating expenses from time to time required to be paid with respect to such Lot provided, however, that in the event Developer enters into a lease or installment contract for any Lot, then Developer shall be responsible for any payment of assessments on those Lots on the same basis as any other Owner as provided in Section 7.01 hereof. Actual operating expenses shall mean those ordinary expenses attributable only to the period in question covering the maintenance and

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182445-i

operation of the Property and shall not include capital ex­penditures, amounts set aside as a reserve for contingencies or replacements, prepaid i terns or inventory i terns to the extent at­tributable to subsequent periods . Until such time as title to seventy-five per cent (75%} of the Lots have been conveyed to the purchasers thereof, the assessments covering the Lots which have not been sold by the Developer may be paid on a monthly basis or, at it option, paid to the Association at the close of each calendar year without interest.

ARTICLE VIII

INSURANCE

Section 8.01 The Association shall be further responsible for maintaining such policies of insurance against public liability, vandalism and malicious mischief endorsements as the Association may deem desirable insuring the Association and the Members from liability in connection with the ownership and/or use of the Common Areas, provided that policies shall provide that such policies may not be cancelled or substantially modified without at least ten (10) days written notice to the Associat_ion . The Association may also obtain such other kinds of insurance as the Association shall from time to time deem prudent.

Section 8. 02 Each Owner shall procure and maintain in full force at all times insurance covering his Townhouse Unit consisting of, or providing all the protections afforded by, the insurance generally described as fire, extended coverage, additional extended coverage, vandalism and malicious mischief, to one hundred per cent (100%) of the full insurance value thereof, with loss payable on the basis of the cost of replacement without deduction for depreciation, less a deductible amount of no more than Five Hundred Dollars ($500.00) and naming the Association as a co-insured on each policy. such insurance shall be written by companies reasonably acceptable to the Association. A certificate of insurance evidencing such coverage shall be furnished to the Association and new certificates evidencing the renewal of each expiring policy of insurance shall be furnished to the Association in each case at least ten (10) days prior to the expiration date of the expiring insurance. In the event the Townhouse Unit or any portion thereof shall be damaged or destroyed by fire or other casualty, the Owner shall cause it to be repaired, restored, or rebuilt, as the case may be, as rapidly as possible to at least as good as condition as existed immediately prior to such damage or destruction and in the same architectural style and design as originally constructed by the Developer and shall conform in all respects to the laws or ordinances regulating the construction of buildings in force at the time of such repair or reconstruction. In the event of the total or substantial destruction of all of the Townhouse Units, the architectural design of the Townhouse Units to be rebuilt and the materials to be used in constructing the same shall be agreed upon

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182~456

absence of agreement, the substantially similar in

Townhouse Units and shall be

among the Owners thereof and in the rebuilt Townhouse Units shall be architectural design of the original constructed of comparable materials.

Section 8. 03 Upon the failure of any Owner to procure and maintain the insurance required in Section 8. 02 hereof or, in the event the Board, in its discretion, determines that the Townhouse Unit is underinsured, the Board shall have the authority to procure such insurance and/or additional insurance, as the case may be, and the costs thereof shall become a lien upon the Lots in the same manner as provided in Article VII hereof for nonpayment of maintenance assessments.

Section 8.04 All repair, restoration or rebuilding pursuant to the provisions of this Article VIII shall be carried out under such supervision and direction as the Board shall deem appropriate in order to assure the expeditious and correct completion of the work concerned, and the Owner or Owners of each Townhouse Unit which shall have been damaged or destroyed shall fully cooperate with, and abide by all instructions and directions of, the Association in connection therewith.

Section 8. 05 In the event of such damage or destruction of a Townhouse Unit, the holder of the mortgage encumbering said Town­house Unit shall allow the proceeds of any insurance required pur­suant to Section 8.02 hereof to be utilized in restoring the Town­house Unit pursuant to the terms of this Article.

Section 8.06 In any case in which the Owner or Owners concerned shall fail to carry out and see to the repair, restoration or rebuilding required by the provisions of this Article VIII, the Association may cause such repairs or rebuilding to be furnished, provided and installed, in the manner as set forth in Section 8.03 hereof provided, however, that to the extent the insurance proceeds referred to in Section 8.02 are insufficient as to any Townhouse Unit, the particular Owner shall be responsible to the Association for each deficiency, and the Association shall have, and is hereby granted, ~ continu1ng lien on the Lot for which any such repairs or rebuilding are furnished by the Association in the aggregate amount of (a) the cost thereof; (b) interest at the rate of twelve per cent (12%) per annum for the date of the Association's payment of such costs; and (c) reasonable attorney • s fees and any court or other costs incurred by the Association in connection therewith, which lien shall bind such Lot in the hands of such Owner, his heirs, devisees, personal representatives, grantees and assigns. In the event such Owner does not forthwith fully repay the Association therefor, as aforesaid, such lien shall be foreclosed against the Lot by the Association in the same manner as hereinafter provided in connection with unpaid assessments. The Association's lien in this Section 8. 06 provided for shall be subordinate to the lien of any mortgage now or hereafter placed upon the Lot.

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Section 8.07 In the event of any damage or destruction to the exterior portion of a Townhouse Unit and the loss is covered by policies of insurance, the Board shall have the authority to settle and adjust any claim under such policies without the consent of the respective Owner.

ARTICLE IX

INTERIM PROCEDURE

Section 9.01 Until the Developer shall have caused each of the various Lots to have been conveyed to the first Owner thereof (or to such Owner's nominee) , the Developer shall, with respect to each such unsold Lot, have all the rights granted to the Owners.

Section 9. 02 Until the initial meeting of the Members, the Developer may appoint the Board which shall have the same powers and authority as given to the Board generally.

Section 9. 03 The powers granted to the Developer by Section 9.02 hereof shall include, without limitation, the power to assess upon and collect from the individual Owners, their respective proportionate shares of the funds required for the carrying out of all the duties and obligations of the Association.

Section 9. 04 Until such time as the Developer has caused the last Lot to have been conveyed to the Owner thereof, the Developer shall have the right to use the Property and the Common Areas in such a manner as is reasonably necessary and desirable for the construction of the Townhouse Units and the development of the Property. Developer shall not be bound by any covenant or re­striction hereof which would restrict or interfere with their ability to construct the Townhouse Units, develop the Property or sell Townhouse Units to the public. This right shall be deemed a power coupled with an interest and shall not be modified or abridged by any amendment to or modification of this right without the prior written consent of Developer.

ARTICLE X

RESTRICTIONS RELATING TO PROPERTY

Section 10.01 No advertising sign (except one "For Rent• or "For Sale" sign of not more than the size permitted by the ordinance of the City per Townhouse Unit), billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on the {l Townhouse Unit except as provided in Section 10.02 hereof. ~~

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I 82.4 45.6

~· A ' ~ .. ({JI ~ JO''~

Amendment to

Article X of Document 11824456 October 15, 1991

Prepared by and when: Janet L. Odegard Vice-President of Hunters Fields Commons Homeowners Association P. 0. Box 751 St. Charles, IL 60174

Acting on behalf of the Association under Article III, Section 3.03 upon approval of the Association on September 27, 1991 amends Article X, Section 10.01.

HUNTBRS FIELDS COMMOHS

ARTICLE X

RESTRICTIONS RELATING TO PROPERTY

(At Present)

Section 10.01

a.) No advertising sign (except for one "For Rent" or one "For Sale" sign of not more than the size permitted by the ordinance of the City per Townhouse Unit), billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on the Townhouse Unit except as provided in section 10.02 hereof.

b.) No fences or decks will be permitted.

c.) Patios will be permitted behind Units , not 12 b7 20 feet or 240 square feet in dimension. other than square or rectangle must be approved on a case by case basis.

(Amendment to Read)

Section 10.01

to exceed Configurations by the Association

a.) No advertising sign (except for one "For Rent" or one "For Sale" sign of not more than the size permitted by the ordinance of the City per Townhouse Unit), billboards, unsightly objects, or nuisances shall be erected , placed or permitted to remain on the Townhouse Unit except as provided in section 10.02 hereof.

b.) No fences or decks will be permitted.

c.) Patios will be permitted behind Units, not 12 b7 20 feet or 240 square feet in dimension. other than square or rectangle must be approved on a case by case basis.

to exceed Configurations by the Association

d.) No sidewalks or walkways of any construction type (ceaent, wood, paving stones, etc.) shall be permitted without prior written consent of the Association.

Prepared by and when

Robert T. Knight

Amendaent to

Article X of Docunent #1824456

President of Hunters Fields Commons Ho•eowner's Association 905 Derby Course St. Charles, 11. 60174

August 16, 1988

- W· m. • ~ l

Acting on behalf of the Association under article 111, - t section 3.03 upon approval of the Board on 8-16-88, amend g: : ~ article X. ~~··

(At Present) ~: \,

/\RTICLE X

RES'l'RIC'rlONS REL/\TlNG TO rnUPERTY

Section 10.01 No advertising sign (except one •For Rent" or "For Sale" sign of not more than the size permitted by the ordinance of the City per Townhouse Ul1lt), billboards, uusightly objects, or huisances shall be erected, placed or petlni tted to remain o n the Townhouse Unit except as provided in Section 10.02 hereof.

( -

.. ,, ( :: ·.

(Aaendment To Read)

/\R'l' 1 CLE X

RES'l'IUC'l'lOi~S ll.ELI\'flUG '1'0 rllUrER'l'Y

Section 10.01

~...) 1\) No advertising sign (except one "For lleut" or "t"or Sale" sign of not more than the size permi Lteu U}' the ordinanc~ of the City per 'l'ownhouse Unit) , billboards, unsiyhtl;· objects, ur huisances shall be erected, placed or penuitte<l to rem<lill oil tile Townhouse Unit except as provided in Section 10.02 hereoL

B) Ho fences 01 decks will be petmitted.

C) Patios will be peuuittecl behind un!Ls, not to exceeu 12X20 teet o r 240 squate Leet ill dimension. Con11g: othet then squate or ·tectangulat must be

app•oved . by boaHI on a case b'ii0~

HUNIERS FIElDS cn+oNs ,n 7..!" ~

Section 10.02 The foregoing covenants of this Article X shall not apply to the activities of the Developer. The Developer may maintain, while engaged in construction and sales activities, in or upon such portions of the Property as said beneficiaries determine, such temporarily facilities as in its sole discretion may be necessary or convenient, including, but without limitation, offices, storage areas, model units, signs and construction trailers.

Section 10.03 An Owner shall do not act or any work that will impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other properties of their owners.

Section 10.04 There shall be no change in any exterior color of any Townhouse Unit from the color scheme selected by the Owner upon the initial conveyance of the Lot by the Developer without the prior written approval of the Association.

Section 10.05 Each Lot is hereby declared to be subject to an easement and right to and in favor of the Association and each and all of its employees, agents and instrumentalities to go upon such Lot for reasonable inspection thereof from time to time and for the purpose of carrying out any and all of the obligations and functions with respect to such Lot and the Townhouse Unit located thereon as are herein imposed upon or permitted to the Association. Each Lot is further declared to be subject to an easement in favor of any adjoining Lot to the extent necessary to permit the maintenance, supply, repair, and servicing of utility services to the various Lots and Townhouse Units located thereon.

Section 10.06 The Owner of each Lot shall from time to time grant such additional easements and rights over, across, on, under and upon his Lot as may be reasonably necessary in connection with the supply of any of the utilities to any part of the Property.

Section 10.07 Each Lot and the Common Area is hereby subjected to a permanent easement appurtenant to any adjoining Lot to permit the construction, existence, maintenance, repair and restoration of structures located on such adjoining Lot unless such encroachment was intentionally created by the Owner. The Owner of the dominant tenement shall have the right, at all reasonable times, to enter the easement area in order to maintain, repair, and restore any improvements located on the dominant tenement provided, however, that such entry shall be allowed only during the daylight hours and with the prior knowledge of the Owner of the servient tenement. In case of emergency, such right of entry shall be immediate, not restricted as to time and not be conditioned upon prior knowledge of the Owner of the servient tenement. The Owner of the servient tenement shall not place any improvement, material or obstacle in or over the easement area of the servient tenement which would unreasonably interfere with the rights of the Owner of the dominant tenement granted by this Section 10.07. Any such improvement,

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material or obstacle shall be promptly removed by the Owner of the servient tenement at that Owner's expense when requested by the Owner of the dominant tenement or Developer notwithstanding any lapse of time since such improvements, material or other obstacle was placed in or over the easement area.

Section 10.08 Until such time as title to any Lot if conveyed to a bona fide purchaser, the Developer reserves the right to lease such Lots upon such terms and conditions as the Developer may in his sole discretion approve.

ARTICLE XI

PARTY WALLS

Section 11.01 All dividing walls which straddle the boundary line between Lots and which stand partly upon one Lot and partly upon another, and all walls which serve two or more Townhouse Units, shall at all times be considered party walls, and each of the Owners of Lots upon which any such party wall shall stand shall have the right to use said party wall below and above the surface of the ground and along the whole length or any part of the length thereof for the support of the Townhouse Units and for the support of any building constructed to replace the same, and shall have the right to maintain in or on said wall any pipes, ducts or conduits originally located therein or thereon subject to the restrictions hereinafter contained.

Section 11.02 No owner of any Lot nor any successor in interest to any such owner shall have the right to extend said party wall in any manner, either in length, height or thickness.

Section 11.03 In the event of damage to or destruction by fire or either casualty of any party wall, including the foundation thereof, the Owner of any Lot upon which such party wall may rest shall have the obligation to repair or rebuild such wall and the Owner of such Lot upon which such wall shall rest, be served or benefited by shall pay his aliquot portion of the cost of such repair or rebuilding. All such repair or rebuilding shall be done within a reasonable time, in a workmanlike manner with materials comparable to those used in the original wall and shall conform in all respects to the laws or ordinances regulating the construction of buildings in force at the time of such repair or reconstruction. Whenever any such wall or any portion thereof shall be rebuilt, it shall be erected in the same location and on the same line and be of the same size as the original wall.

Section 11.04 The foregoing provision of this Article not­withstanding, the Owner of any Lot, or other interested party, shall retain the right to receive a larger contribution from another or others under any rule or law regarding liability for negligent or

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1824456

willful acts or omissions. The right of any Owner, or other interested party, to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's or other person's successors in title.

Section 11.05 The title of each Owner to the portion of each party wall within such Townhouse Unit is subject to a cross easement in favor of the adjoining Owner for joint use of said wall.

ARTICLE XII

PROPOSED ADDITIONS TO PROPERTY

12.01 Additional Area: The Developer has contracted to purchase the real estate adjacent to the Property which is legally described on Exhibit "C" attached hereto (the "Additional Development Property") pursuant to the terms of an Agreement dated as of September 6, 1974, as amended from time to time, a memorandum of which was recorded on March 26, 1980 as Document No. 1539222 in Kane County, Illinois. The Developer intends to develop Townhouse Units on the Additional Development Property. The Developer, its successors and assigns and any party succeeding to title to the Additional Development Property reserves the right, from time to time within a period of five (5) years following the date of recording of this Declaration, to add on and annex to the Property all or any part of the Additional Development Property, by recording an amended Declaration or amended Declarations (each such instrument is referred to as an "Amended Declaration"), which shall set forth the legal description of the additional parcel or parcels within the Additional Development Property to be annexed to the Property and state the intention of Developer thereby to submit said addi tiona! parcel or parcels to the provisions of this Declaration. Upon the recording of an Amended Declaration, the additional parcel or parcels therein described shall be deemed to be governed, in all respects, by the provisions of this Declaration and shall thereupon become a part of the Property. Those parts of the Additional Development Property which are not made a part of the Property by this Declaration shall not be subject to any provision hereof, unless and until an Amended Declaration is recorded, annexing such parts to the Property, as aforesaid. Owners shall have no rights whatsoever in or to any part of the Additional Development Property unless and until such Amended Declaration is recorded. Upon the expiration of said period of five (5) years following the date of recording of this Declaration, no part of the Additional Development Property, which has not theretofore been made a part of or annexed to the Property shall thereafter be annexed to the Property.

12.02 Amended Declaration: Amended Declarations shall include:

a). an Exhibit "A", which shall set forth the legal description of the Additional Development Property being annexed thereto:

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18.24456

b) • an amended Exhibit "C" which shall amend Exhibit "C" attached hereto by setting forth the legal description of the Additional Development Property which has not yet been submitted to the provisions of this Declaration.

12.03 Order of Making Additions: •rhe Additional Development Property is comprised of eighteen (18) separate lots. Any one or more thereof may be annexed within the time limitation specified in Section 12.01 hereof, in such order and at such different times as Developer may determine.

12.04 Limitation as to Number of Additional Townhouse Units: Not more than sixty-eight (68) Townhouse Units will be constructed on the Additional Development Property.

12.05 Compatibility of Additional Townhouse Units: Additional Townhouse Units . shall be constructed in such a manner as to be compatible with the use, density and configuration of the Townhouse Units constructed on the Property.

12.06 Annexation of Additional Development Property Not Obligatory: No provision of Declaration shall be construed or deemed to bind or obligate Developer to exercise the option to annex all or any portion of the Additional Development Property.

ARTICLE XIII

M.ISCELLANEOUS

Section 13.01 The Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, easements, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Any Owner found to be in violation by a court of competent jurisdiction of any of the foregoing shall also be liable for reasonable attorney's fees incurred by the Association in prosecuting such action. The amount of such attorney's fees together with court costs, if unpaid, shall constitute an additional lien against the defaulting Owner • s lot, enforceable as other liens herein established subject, however, to the lien of any mortgage. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 13.02 Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

Section 13.03 The covenants and restrictions of this Declara­tion shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association, the Owner or any Lot

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/824456

subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, subject to amendment as hereinafter set forth . Except with respect to the rights reserved by Developer, the covenants and restrictions of this Declaration may be amended during the first fifty (50) year period or within any successive ten (10) year period by an instrument signed by those Members (Class A and Class B) entitled to cast seventy-five percent (75%) of the total votes as provided in Article III, Section 3. 01 hereof and then properly recorded. These covenants and restrictions may also be cancelled or amended by an instrument signed by sixty percent (60%) of Owners executed and recorded within ninety (90) days of the expiration of any successive ten (10) year period, such cancellation or amendment to be effective on the date of commencement of the ten (10) year period in question. Any instrument executed pursuant to the provisions contained herein shall be filed for record in the Off ice of the Recorder of Deeds of Kane County, Illinois, and a true, complete copy of such instrument shall be transmitted to each Owner promptly.

Section 13.04 If and to the extent that any of the covenants would otherwise be unlawful or void for violation of (a) the rule against perpetuities, (b) the rule restricting restraints on alienation, or (c) any other applicable statute or common law rule analogous thereto or otherwise imposing limitations upon the time for which such covenants may be valid, then the provisions concerned shall continue and endure only until the expiration of a period of twenty-one (21) years after the death of the last to survive of the class of persons consisting of all of the lawful descendants of Edward Kennedy, Senator of the State of Massachusetts and Sir George Solti, conductor of the Chicago Symphony Orchestra, living at the date of this Declaration.

Section 13.05 Any notices required to be sent to any member of the Association or to an Owner under the provisions of this Declaration shall be deemed to have properly sent when mailed, postage prepaid to the last known address of such Member or Owner as it appears on the records of the Association at the time of such mailing.

Section 13.06 If at any time or times the Board shall deem it necessary or advisable to re-record this Declaration or any part hereof in the Off ice of the Recorder of Deeds of Kane County, Illinois, in order to avoid the expiration hereof or of any of the covenants, easements, agreements or other provisions herein con­tained under any of the provisions of Chapter 83 of the Illinois Revised Statutes presently in force commonly known as the Marketable Title Act, or any other law or statute of similar purport, they shall submit the matter to a meeting of the Members called upon not less than ten (10) days notice, and unless at such meeting at least

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182Z.456

two-thirds ( 2/3) of Members shall vote against such re-recording, the Association shall have, and is hereby granted, plower to so re­record this Declaration or such part thereof, and such re-recording shall be binding upon all Owners of any part of the Property in every way and with all the full force and effect as though such action were taken by each of said Owners and re-recorded document executed and acknowledged by each of them.

Section 13.07 All the easements, rights, covenants, agreements, reservations, restrictions and conditions herein contained shall run with the land and shall inure to the benefit of and be binding upon the Developer and each subsequent holder of any interest in any portion of the Property and their grantees, heirs, successors, personal representatives and assigns with the same full force and effect for all purposes as though set forth at length in each and every conveyance of the Property or any part thereof. Reference in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easement and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of such parcels as fully and completely as though said easements and covenants were fully recited and set forth in their entirety in such documents.

Section 13.08 In amplification of and in addition to the pro­visions contained in Article VII, Section 7.06, in the event of any default of any Owner, the Association may and shall have the right and remedy as shall otherwise be provided or permitted by law, including the right to take possession of such Owner•s interest and Lot for the benefit of all other owners by an action for possession in the manner prescribed in the Forcible Entry and Detainer Act (Illinois Revised Statutes, Chapter 57).

Section 13.09 Notwithstanding anything in the Declaration to the contrary, with regard to the provisions of Section 13.03 dealing with the method of amending the Declaration and Section 7.07 which expressly subordinates the lien of the Association for unpaid assessment to the lien of any mortgage on any Lot, no amendment to, changes or modifications of these Sections shall be effective unless such change or amendment shall be first consented to, in writing, by all mortgagees of record of such Lots.

Section 13.10 In the event that any part of any Townhouse Unit encroaches or shall hereafter encroach upon any part of any other Lot, valid easements for the maintenance of such encroachments are hereby established and shall exist so long as all or any part of the same shall remain standing; provided, however, that in no event shall a valid easement for any encroachment be created in favor of any Owner if such encroachment or use is detrimental to or interferes with the reasonable use and enjoyment of the Townhouse Unit of another Owner and if it occurred due to the willful conduct of any Owner.

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1824456

Section 13.11 Declarant reserves to itself the right to re­record the plat of subdivision referred to in Section 1.06 hereof to correct any inaccuracies, errors or mistakes contained therein.

Section 13.12 The provisions of this Declaration shall be liberally constructed to effectuate its purpose of creating a uni­form plan for the operation of a first class cooperative housing development.

IN WITNESS WHEREOF, Sho-Deen, Inc. has caused its corporate seal to be affixed hereunto and has caused its name to be signed to these presents by its (Assistant)A_yice Pre~dent and attested by its (Assistant) Secretary this ../1.!!_ day of 1-~hK~~~ . , 1987.

I

STATE OF ILLINOIS 55.

COUNTY OF KANE

SHO-DEEN, INC., a Delaware corporation

•J ~ . ___ / By: ,~~<M~ ·

T1ie:h.--c: ~,p,3;.Y-"'»T

I, ,fva i- /lvtJ 61/oiJ.(_ , a Notary Public in and for aid County, In the State aforesaid, DO HEREBY CERTIFY that 7hamaw £ .

.4~-J ~:-<_ , V P. , of SHO-DEEN, INC., a Delaware corporation, and llocJ?,4 ·.:T /iJJ!Je.~<>~.J , Secretary thereof, personally known to me to be the same persons whose names are subsc~jbed to the foregoing instrument as such Secretary and V.P. , respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary acts, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth; and the said Secretary did also then and there acknowledge that as custodJ.an of the corporate seal of said Corporation, did affix th~ said corporate seal of said Corporation to said instrument aS7~1r own free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth.

My

18.2~456·

Notarial Seal this / ? day of __ _

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@ r.mcAGO mu IIS8Uia ca.

a:.- ~OMft ~ .... ~.o ...

,..._ m,n!l)

EXHIBIT "A"

LEGAL DESCRIPTION

Lot 3 in Hunters Fields Commons, in the City of St. Charles, Illinois, being a Subdivision of part of the Northeast Quarter of Section 26, Township 40 North, Range 8 East of the Third Principal Meridian, according to tbe plat thereof recorded August 25, 1986 as Document No. 1789650 in Kane County, Illino1s.

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EXHIBI'£ "B"

BY-LAWS OF HUNTERS FIELDS

COMMONS HOMEOWNERS' ASSOCIATION

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1824456

EXHIBIT "C"

ADDITIONAL DEVELOPMENT PROPERTY

LOtS l 1 2 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 ll 1 12 1 13 I 14 I 15 I 16 1 17 1 18 and 19 in Hunters Fields Commons, in the City of St. Charles, Illinois, being a Subdivision of part of the Northeast Quarter of Section 26, Township 40 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded August 25, 1986 as Document No. 1789650 in Kane County, Illinois.

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0284445-2/ WBP 02/ 12/ 87

BY-LAWS

OF

HUNTERS FIELDS COMMONS HOMEOWNER 1 S ASSOCIATION

ARTICLE I - PURPOSES, POWERS AND RULES

SECTION 1. PURPOSES: The purposes of the Corporation, as stated in its Articles of Incorporation , are as follows:

The administration and operation of the real estate legally described on Exhibit "A" attached hereto and made a part hereof.

SECTION 2. POWERS: The Corporation has such powers as are now or may hereafter be granted by the General Not-for-Profit Cor­poration Act of the State of Illinois.

SECTION 3. RULES: The following rules shall conclusively bind the Corporation and all persons acting for or on behalf ot the Corporation:

(a)

(b)

The operation of the Corporation shall be subject to the easements, rights, restrictions and obligations contained in a certain Declaration of Party Wall Rights, Covenants, Conditions, Restrictions and Easements For Hunters Fields Commons recorded in the Office of the Recorder of Deeds of Kane County, Illinois as Document Number , as amended from time to time ("Declaration"), and further subject to the matters contained in these By-Laws.

No part of the monies received by the Corporation shall inure to the benefit of any private individual, except in accordance with the Illinois General Not­for-Profit Corporation Act .

ARTICLE II - OFFICES

The Corporation shall have and continuously maintain, in the State of Illinois, a Registered Office and a Registered Agent, whose address is identical with the address of such Registered Office.

1

I 821f456 .

ARTICLE III - MEMBERS AND ADMINISTRATION

For the purposes of these By-Laws, Article II and Article III of Declaration, are hereby adopted as this Article III, as though the provisions thereof were fully set forth herein.

ARTICLE IV - ASSESSMENTS - MAINTENANCE FUND

For the purposes of these By-Laws, Article VII, section 7.06 of Declaration is hereby adopted as this Article IV, as though the provisions thereof were fully set forth herein with the exception of fee for the late payment of assessments. Assessments are due on the 1st of each month. If the payment is not received by the 5th of the month there will be a late charge of $20.00.

ARTICLE V - COVENANTS AND RESTRICTIONS AS TO USE AND OCCUPANCY

For the purposes of these By-Laws, Article IV, Article v, Article VI, Article VIII, Article X and Article XI of Declaration are hereby adopted as this Article V, as though the provisions thereof ere fully set forth herein.

ARTICLE VI - FISCAL YEAR

The fiscal year of the Corporation shall be the calendar year,

unless changed by resolution adopted by the Board of Directors.

ARTICLE VII - SEAL

The Board of Directors shall provide a corporate seal in such form as the Board shall deem fit.

ARTICLE VIII - WAIVER OF NOTICE

Whenever any notice whatsoever is required to be given pursuant to the provisions of the General Not-for-Profit Corporation Act of the State of Illinois or pursuant to the provisions of the Articles of Incorporation or the By-Laws of the Corporation, a Waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

ARTICLE IX - AMENDMENTS TO BY-LAWS

Except as otherwise provided in Declaration, these By-Laws may

be altered, amended or repealed and new By-Laws may be adopted by a

majority of the Board of Directors present at any meeting at which a

quorum is present, but, in no event, may such action be taken

without the concurrence of two (2) members of the Board.

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ARTICLE X - CONTRACTS, DEPOSITS AND FUNDS

SECTION 1. CONTRACTS: The 11 Board" (as defined in Declaration) may, subject to the limitations specified in Declaration, authorize any Officer or Officers, agent or agents of the Corporation, in addition to the Officer so authorized by these By-Laws or by Declaration, to enter into any contract or execute and deliver any instrument, in the name of and on behalf of the Corporation, which authority may be general or confined to specific instances.

SECTION 2. CHECKS AND DRAFTS, ETC.: All checks, drafts, other orders for the payment of money, notes or other evidence of indebtedness issued in the name of the Corporation shall be signed by such Officer or Officers, agent or agents of the Corporation, in such manner as, from time to time, shall be determined by written resolution of the Board. In the absence of such determination by the Board, such instrument shall be signed by the Treasurer and countersigned by the President of the Corporation.

SECTION 3. DEPOSITS: All funds of the Corporation shall be deposited, from time to time, to the credit of the Corporation in such banks, trust companies or other depositories as the Board may select.

SECTION 4. GI~,TS: The Board may accept, on behalf of the Corporation, any contribution, gift, bequest or devise for the general purposes or for any specific purpose of the Corporation.

ARTICLE XI - INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS

SECTION 1. The Corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the corporation) by reason of the fact that he is or was a Director, Officer, employee or agent of the Corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment or settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to

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the best interests of the Corporation, and with respect to any criminal action or proceeding, had reasonable cause to believe that his c onduct was unlawful.

SECTION 2. The Corporation shall have the power to indemn1.fy any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the Corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys• fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Corporation and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the Corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that despite the adjudication of liability but in view of all the circumstances of the c ase, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.

SECTION 3. To the extent that a director, officer, employee or agent of a Corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Sections l and 2, or in defense of any claim, issue or matter therein, he shall be indemnified against defenses (including attorneys• fees) actually and reasonably incurred by him in connection therewith.

SECTION 4. Any indemnification under Sections 1 and 2 (unless ordered by a court) shall be made by the Corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met · the applicable standard of conduct set forth in Sections l and 2. Such determination shall be made (a) by the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding; or (b) if such a quorum is not obtainable, or even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or (c) by the shareholders.

SECTION 5. The indemnification provided by this article shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any contract, agreement, vote of shareholders or disinterested directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as to ~ person who has

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ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.

SECTION 6. The Corporation shall have power to purchase and maintain insurance on behalf of 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 any liability asserted against him and incurred by him in any such .capacity, or arising out of his status as such, whether or not the Corporation would have the power to indemnify him against such liability under the provisions of this Article.

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