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DECLARATION OF RESTRICTIONS AND COVENANTS

FOR "BLACKJACK HOLLOWS" SUBDIVISION

     KNOW ALL MEN BY THESE PRESENTS, that whereas AMC HELLDOERFER, LLC, an Illinois LLC ("Developer"), is the Owner of the following described real estate, to wit:

(SEE EXHIBIT A FOR LEGAL DESCRIPTION)

     Lots numbered 1 thru 19 BLACKJACK HOLLOWS SUBDIVISION.  A subdivision according to the plat of same recorded in Plat Cabinet 65, on Page 225, in the Recorders Office of Madison County, Illinois, hereinafter referred to as the 'SUBDIVISION'.

     NOW THEREFORE, in consideration of the premises and of the benefits accrued and to accrue to the undersigned by reason of the Covenants, Conditions, and Restrictions imposed upon said real estate as real estate, their heirs, executors, administrators, successors, and assigns, do hereby subject and bind the aforesaid real estate to the following covenants, conditions and restrictions, and do hold each and every Lot above described, or portion thereof, for use and sale subject to the following covenants, conditions, and restrictions, and do declare that no Lot or Lots above described or portion thereof, shall be sold, used, or conveyed by them, their heirs, executors, administrators, successors, or assigns, except subject to the following covenants, conditions, and restrictions, whether expressly stated in the deed of conveyance or not, to-wit:

LAND USE AND BUILDING TYPE

     No lot shall be used except for residential purposes.  No building will be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling, not to exceed two stories in height, excluding the basement, plus an attached minimum two-car garage.  Out buildings shall be permitted according to Madison County guidelines and approval of the Architectural Control Committee.

     All residential buildings, in addition to any requirements made by the Architectural Control Committee shall, unless expressly waived in writing by the Architectural Control Committee, include the following:
A. Good quality construction, with new materials.
B. No paper, tar or similar materials may be used on exterior of building.
C. No modular, mobile, or manufactured homes are allowed.

BUILDING LOCATION

     No building shall be located on any Lot nearer than 50 feet to the street right-of-way.   No building or accessory building shall be located nearer than 25 feet to the side Lot line.  Where more than one lot is acquired as a single building site, the side lot lines shall refer only to the lot lines bordering the adjoining property owners.  The setback guidelines are as recorded on the plat.

PLANS AND SPECIFICATIONS

     Plans and specifications for each dwelling to be constructed, showing location of the dwelling on the Lot, landscaping, all four exterior elevations, all exterior lighting, materials to be used on all exterior wall and roof surfaces and all other constructions details and materials which are the subject of these Covenants and Restrictions, shall be submitted to the Architectural Control Committee of the BLACKJACK HOLLOWS SUBDIVISION (herein after called the "Architectural Control Committee") for written approval, before construction is started.  Gerard Helldoerfer and Mary Neal are hereby appointed the initial members of the Architectural Control Committee.  The Architectural Control Committee shall have the absolute discretion in the approval or disapproval of any structure in Subdivision pursuant to these Covenants and Restrictions.  The Architectural Control Committee shall serve without pay and, in discharging the duties imposed upon them hereunder, is hereby granted an easement prior to and during construction of any structure, and in discharging their duties hereunder, to enter upon any Lot in the Subdivision and will not be deemed to be trespassing thereby, and may enter into contracts and employ agents, servants, and counsel as they deem necessary in the performance of their duties.  No member of the Architectural Control Committee shall be held personally liable for negligence or for injury to person or damage to property, or for any other act of omission in the absence of willful and deliberate misconduct.  The above named initial members of the Architectural Control Committee shall hold office until October 1, 2017, their successors shall be elected by the Homeowners Association, and in the event of death or resignation of either said initial members while holding such office, the survivor of them shall have the right to name a replacement member.  Commencing in 2017 the Homeowners Association shall elect the new Architectural Control Committee, who holds office for 2-year terms, and at subsequent annual meetings, their successors shall be elected for 2-year terms, to replace the member of the Architectural Control Committee whose term expires.  The President of the Homeowners Association shall appoint a replacement member for any member of the Architectural Control Committee who fails to remain in office.

DWELLING AND MISCELLANEOUS

A. Lots 1-19

     No one-story dwelling shall be permitted on any lot which has less than 1,800 square feet of livable space, excluding garages, any space below ground level and open porches and balconies; no two-story dwellings shall be permitted on any lot that has less than 2,200 square feet of livable space, as defined above, with at least 1,000 square feet of livable space, as defined above, on the first floor.  The character and design of any accessory (outer) building must be compatible to the character and design of the dwelling structure and are subject to approval of the Architectural Control Committee and Madison County's guidelines and ordinances.

     At least 70% of front exterior walls on all homes and garages shall be brick, brick veneer, stucco, or if stone is used, the stone type and configuration as approved by the Architectural Control Committee, except that areas above porches and cantilevers may consist of another type of building material as approved by the Architectural Control Committee.

     Exterior walls not required or elected to be brick, brick veneer or stone, may be natural wood siding, vinyl siding, or other surface approved by the Architectural Control Committee.

     All exterior lighting must be approved by the Architectural Control Committee, but in no event may it become a visual nuisance to an adjoining or nearby lot owner.

     All roofs shall be 6-12 pitch minimum and shall be covered with architectural grade shingles or better with color, grade, and kind of shingle to be approved by the Architectural Control Committee when the residence and garage are built and prior to any replacement or repair unless replacement or repair are identical to the original.

     Garden plots (fruit and vegetable as distinguished from flowers and shrubs) shall be allowed only in the rear yard of any lot, not to exceed 400 square feet, not along any street, and shall be located at least 20 feet from front or side lot lines.

     All lots must be seeded with grass seed to all exposed areas of ground as soon as reasonably practical to accommodate the most proximate growing season for grass.  In addition, all lots must be improved with a minimum of $1,000.00 being expended for plant materials.  All grass and landscaping shall be planted within the first year of occupancy.

     Basketball goals may be erected on any lot provided that they are located at least 50 feet from the street or side street, and in the side yard or backyard.  Basketball goals may not be closer to the street than the front corner of the house closest the side yard.

          No recreational apparatus will be permitted in any front yard, or side yard, next to the platted street.  Recreational apparatus, including swing sets, swimming pools, playground equipment or similar devices shall not be located at any point toward the front lot line, past a line drawn parallel with and intersecting the front dwelling structure.  The Architectural Control Committee shall have absolute discretion to decide what is a front or side yard, and to approve, or disapprove of any recreational construction or apparatus pursuant to these Covenants and Restrictions.

     Swimming pools may be erected on any lot with the restriction that it be located in the back yard.

     No noxious or offensive trade or activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

     No Lot or driveway, outside the exterior walls of the main residential structure, garage or accessory building shall be used for the purpose of blocking or jacking automobiles or other vehicles for repair, or for repairing any one or more automobiles, for any period of time.

     Each Lot shall have a garage fully capable of housing a minimum of two automobiles.

     No piece or part of any platted building Lot in the subdivision may be sold, except if said piece or part is sold to an adjoining Lot owner, in which case it becomes an integral part of that Lot and subject to the same restrictive covenants herein stated or said piece is sold as a minimum of 2.0 acres in size.  No Lot shall ever be sold for road purposes except by the developer.

     No antennas or satellite dishes (greater than 18 inches in diameter) for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors within view of neighboring lots of the subdivision or the streets in the subdivision, whether attached to a building or structure, free standing or otherwise.  Satellite dishes with a diameter of 18 inches or less shall be erected on the rear of the house or backyard and must not be visible from the street fronting the house.

     No business of any kind shall be permitted in the subdivision, except any such home occupation as is permitted under the ordinances of Madison County.

     No fence other than those fences built by the developer, its contractors and agents, if any, may be erected without the consent in writing of the Architectural Committee.  Fences may be placed no further forward than the middle of the overall dimension of the side of the house.  No wall, fences or fencing over 6 feet in height shall be allowed on any lot.  All walls, fences and fencing shall be wood construction, with natural color cedars, and be compatible with the natural surroundings, subject to the conditions herein below set out for materials.  No galvanized chain link, wire, or metal wall, fence or fencing shall be permitted, (plastic or vinyl fence must be approved by the Committee) except that professionally constructed wrought iron fences may be approved.  All walls, fences, and fencing must be submitted to and approved by the Architectural Control Committee prior to construction, and must be continually maintained to present an attractive appearance, or such walls, fences, and fencing will be removed at the expense of the lot owner.

     No drain shall discharge within 10' of a lot property line unless it discharges in an approved area.  All pre-existing underground drainage tiles must not be disturbed.

     Each lot owner shall comply strictly with the set-back and building lines shown on the aforesaid Plat of the subdivision.

LIVESTOCK AND PETS

     No animal of any kind may be kept, bred or maintained for any commercial purpose.  No more than three of the following types of animals may be kept, provided that they are not kept, bred, or maintained for any commercial purpose:  dogs, cats, or other common household pets.  They must be housed at night.  No exotic animals or fowl will be permitted.

     CONSTRUCTION OF RESIDENCE, MAINTENANCE OF PROPERTY

     During the construction, maintenance or refurbishment of any dwelling house or lot, any littering or damage to the public and private roadways and easements in the Subdivision, and any clean-up of them, shall be the responsibility of the owner of any lot upon which such work is being performed.

     Each property owner shall maintain the lot until building occurs and shall be responsible for mowing, (at least monthly during the growing season) and landscape maintenance of such owner's lot up to the property line of such lot, and up to the street, such that the lot will always present a neat and attractive appearance.

     The work of construction of any building or structure shall be prosecuted diligently and continuously from the time of commencement until the exterior construction shall be fully completed and the interior construction is substantially completed and no such building or structure shall be occupied during the course of original exterior construction.  All structures, including the attached garages thereto, shall be completed insofar as exterior painting, siding, windows, roofing, and trim are concerned within 12 months from the start of construction.   A Port-a-potty must be provided and maintained on each lot during the construction phase.

SEWAGE SYSTEM/WATER SYSTEM

     Each lot owner shall maintain a sewage disposal system, as approved by the Department of Public Health of the State of Illinois, or its successors, excepting absorption trenches or seepage pits utilizing standard field tile perforated pipe, unless the natural absorption and percolation rate of the soil, along with evaporation, is sufficient to dissipate the septic tank effluent from such latter described systems.  All plans and installation of sewage disposal systems shall be approved by the governing body of Madison County, Illinois or its successors, and by the Architectural Control Committee; or if the governing body of Madison County, Illinois or its successors, fails to assume jurisdiction over such sewage disposal system, then only by the Architectural Control Committee.  Approval by the Architectural Control Committee of all plans and specifications for the installation of any sewage disposal system shall be required prior to any installation on any lot.  Such approval by the Architectural Control Committee may be withheld notwithstanding the plans and specifications meeting the minimum requirements required by Madison County.  The Committee may impose more stringent requirements than that which may be required by the governing body of Madison County, Illinois.  The Owner/Building Contractor will be responsible for protection of the septic field.  The installation of a construction fence will be required around the perimeter of the septic field.  The Committee may utilize any criteria in forming an opinion as to whether or not to approve or reject such plans, specifications and installations, including but not limited to:

A. Lot size
B. Physical layout of the lot (developer may make contact with the engineer for homeowner's benefit in suggesting placement of residence and outbuildings)               
C. Soil conditions
D.  The enhancement of the residential development of Blackjack Hollows
E. Any other criteria which may reasonably influence the Committee's decision

     The Committee may, but need not, require that a sewerage system be installed that causes surface discharges to dissipate underground leaving little, if any, surface discharge.  The Committee may require a lot owner to perform maintenance on all sewerage systems, including common drain lines and drainage ditches, to assure that the discharge meets acceptable health standards and minimizes odors.  All plans and specifications regarding the installation of any sewerage disposal system shall be submitted to the Architectural Control Committee at least 15 days after such plans and specifications have been submitted to it, approval shall be conclusively presumed and this covenant shall be deemed to have been fully compiled with.  If a majority of the Committee cannot reach a consensus regarding the approval of any such plans and specifications submitted to the Committee, said plans and specifications shall be deemed rejected and a representative of the Committee shall notify the party submitting the plans of said rejection.

     The soils on all lots have been preliminary tested for absorption and water table.  All lots were found to have acceptable soils for septic systems and lateral fields.  All individual sewage disposal systems shall be designed by a professional engineer and installed by a licensed installer.

PROPANE TANKS

     Above ground or buried propane tanks shall be allowed on any lots within the Subdivision (excepting however propane tanks used for barbeque pits).  Above ground tanks need to be located on the side or back of the house.  

OFF-STREET PARKING

     All property owners shall provide and use at all times off-street parking for the number of automobiles and pick-up trucks in use by the owner or resident on the property.  Abandoned or junk vehicles of any type, or parts of vehicles, shall not be permitted on any lot at any time.  Any vehicle that is not capable of being driven or is not properly registered with a state shall be presumed to be a junk vehicle.

DRIVEWAYS

     Driveways to the street shall be constructed of concrete, asphalt, brick, or rock materials unless otherwise approved by the Architectural Control Committee.

MAILBOXES

     Concurrently with the occupancy of a dwelling upon each lot, the owner thereof shall install their mailbox adjacent to the street right-of-way.  Said mailbox and the installation thereof shall be the owner's responsibility and must comply with all United States Postal Service Rules and Regulations.    

OIL AND MINING OPERATIONS

     No oil drilling, oil development operations, oil refining, gas storage, quarrying or mining operations of any kind for any mineral or minerals shall be permitted on any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any lot.  No derrick or other structure designed for use in boring for oil or natural gas or minerals be erected, maintained or permitted on any lot.  

GARBAGE AND REFUSE DISPOSAL

     No lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage.  Trash, rubbish and garbage, or other wastes, shall not be kept, except in sanitary containers located inside the garage of a dwelling house, except on collection days when said sanitary containers may be placed near the platted street for collection.

SIGNS

     No signs of any kind shall be displayed to the public view on any lot, except on sign of not more than six square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sales of lots and residences, or signs used by the undersigned to identify the Subdivision and to advertise sales of lots and residences in the Subdivision.  House numbers on homes or mailboxes are permitted.

EASEMENTS

     Easements for installation, construction, reconstruction and maintenance of utilities and drainage facilities are reserved, as shown on the above-mentioned recorded plat of the Subdivision.  No building or any other structure of any kind shall be placed on or in any such easement; and consequently; if installed, such building or structure shall be removed at the expense of the lot owner.  There is a 50' conservation easement on each side of the spring-fed brook.

HOMEOWNERS ASSOCIATION

     After 80% of the total lots in the Subdivision have been sold by the undersigned, an association shall be established as a not-for-profit corporation, hereinafter referred to as the "Homeowners Association", which shall be vested with all powers, duties, and responsibilities of that Homeowners Association set out in these Covenants and Restrictions and as provided by law; the title to all amenities, landscaping, subdivision fences, entrance improvements, street lighting, easements and subdivision appurtenances, shall be conveyed by the undersigned to the Homeowners Association.  The owners of each lot as provided for herein should collectively own one share in the Homeowners Association.  The Homeowners Association shall from time to time adopt By-Laws for its' constitution, operation, and deliberations in conformity with these Covenants and Restrictions.  Each of the owners will be a member of the association to be formed by the owners referred to above.  It shall be the duty of the Homeowners Association to enforce these Covenants and Restrictions, majority rule shall prevail except as otherwise set out herein, and Roberts Rules of Order are hereby adopted for conducting any and all meetings of the Homeowners Association, except as set out herein or in the By-Laws adopted by the Homeowners Association.

ASSESSMENTS

     Annual and special assessments may be established or levied against each lot and its owner for entrance landscaping.  Subdivision fence, berms, drainage and entrance improvements, subdivision outlets, electrical cost for pole street lighting, and anything that may be purchased by the Homeowners Association and amenities in the Subdivision of and for the use of the lot owners, and for any other duties, powers and responsibilities of the Homeowners Association.  Annual assessments shall be established by majority vote of the lot owners, each having one vote to be cast in the aggregate or in fractions as agreed by and between the owners of that lot, at the first meeting of the Homeowners Association.  Any unpaid assessments against a lot shall be the personal obligation of each owner of that lot at the time of the assessment, jointly and severally, and shall also become a lien against that lot upon filing of a notice thereof in the Recorder's Office of Madison County, Illinois; if such notice is not filed on or before March 1 of the following year said right to a lien shall expire.  Any purchases, lender, or title company shall have the right to rely upon any statement or assurance by any officer of the Homeowners Association, of the amount status of any such lien.     

AMENDMENTS
These are two amendments made to the Declaration of Restrictions and Covenants for “Blackjack Hollows” Subdivision.

Page 3 of recorded document #2008R52438 concerning roof pitch. It should read as follows: All house roofs shall be 6-12 pitch minimum, all outer buildings roofs shall be 4-12 pitch minimum, and shall be covered with architectural grade shingles or better with color, grade, and kind of shingle to be approved by the Architectural Control Committee when the residence and garage are built prior to any replacement or repair unless replacement or repair are identical to the original.

Page 8 of record document #2008R52438 concerning clarification of the assessment fee. The $100 yearly assessment fee will be pro-rated at closing up until the annual due date. This $100 a year assessment fee will be due and payable on Dec. 1st each year thereafter. These funds will be used as previously stated under assessments.