FOSPOA

Deed Restrictions

ARTICLE VI

USE RESTRICTIONS

Section 1. No lot shall be used except for residential purposes. The term “residential purposes”, as used herein, shall be held and construed to exclude hospitals, clinics, multi-family dwellings of any type, boarding houses, hotels, and commercial and professional uses of all types, and such uses are hereby expressly prohibited.

Section 2. No residential structure, except a “factory constructed home,” may ever, at any time, be moved from another location onto any lot. Only one residential structure may be constructed, or only one factory constructed home may be placed, on any lot, provided that each lot shall be permitted to have erected thereon such additional outbuildings as shall be reasonably necessary in connection with the residential use of such lot by a single family, and provided further that in addition to the initial residential structure, whether site constructed or factory constructed, each lot may have located thereon one additional factory constructed home, provided that such additional home is usually occupied by a member or members of the same family; and at any such time as such additional factory constructed home shall cease to be occupied by a member or members of the same family, such additional home shall be removed from the lot. The term “factory constructed home” shall be construed to be either a mobile home or a modular home, designed and factory or commercially built for occupancy as a residence, and meeting the applicable code standards of any political subdivision having jurisdiction.

Section 3. So as to maintain reasonable standards as to the size, type, age and condition of factory constructed homes permitted, until January 1, 1987, only factory constructed homes in a structurally sound and good condition, no older than five (5) years and no smaller than 12’ x 50’, shall be placed on any lot, unless approved in writing by Developer as being of substantial equivalency; following January 1, 1987, only factory constructed homes in a structurally sound and good condition and substantially similar to those then situated in the subdivision shall be permitted, and the Developer’s decision as to a particular home meeting such standards shall be deemed conclusive.

Section 4. Not more than one family shall reside upon any said lot.

Section 5. No home may be constructed or factory constructed home placed upon any lot unless it has complete sanitary facilities, including, among others, a lavatory, toilet, wash basis, tub or shower, and kitchen sink, all with running water, and all such facilities shall be in conformity with state and local health regulations. No outside toilets may be constructed on any lot.

Section 6. No home shall be located on any lot so that the walls are closer than the building lines established and shown on the above mentioned plat (25 foot building line behind the right of way line of all front streets, 10 feet on all side streets), nor may such walls be located closer than five (5’) feet from any interior or back lot line.

Section 7. The construction of any improvements on any lot shall be completed within nine (9) months from the commencement of constructions, unless an extension in such time is granted in writing by the Developer, and no structure shall be deemed to be completed until its exterior is painted and otherwise finished in a reasonable manner.

Section 8. Reasonable plans depicting the proposed construction of a residential structure and/or details as to the proposed placement of a factory constructed home on a lot shall be submitted to the Developer prior to the fact, so that the Developer may determine that such construction and placement is in conformity with this Declaration.

Section 9. No tent, camping trailer or other structure, lacking the required sanitary facilities, shall be used at any time as a residence, except for such temporary shelters may be used for camping purposes, by the lot owner and his family, for periods not be exceed fourteen (14) consecutive days.

Section 10. No livestock, horses, poultry or animals, (other than the usual household pets) may be maintained in the Subdivision, except on Lots 145, 163, 331, 342, 346, 347, 348, 359, and 360, which are suitable for such purposes. All animals must be maintained in strict keeping with all sanitary measures and health laws, and with due regard to considerations of noise and odor. No commercial use may be made by any animals, except such reasonable uses as may be made on the above mentioned nine lots.

Section 11. No obnoxious, offensive, unlawful or immoral use shall be made of any lot.

Section 12. No spirited, vinous, malt liquors, or medicated bitters capable of producing intoxication shall be sold or offered for sale on any lot.

Section 13. All fences constructed shall be of materials reasonably suited for fencing purposes and such fences shall be maintained in a sound condition.

Section 14. All lots, whether occupied or not, shall be maintained in a reasonably presentable manner, and no trash, garbage or other waste shall be kept upon any lot except in sanitary containers.

Section 15. All driveway culverts shall conform to the width, diameter of opening and grade requirements as requested by the County or State, and shall be constructed of a permanent type of material suitable for such purposes.

Section 16. No vehicle of any nature having a gross weight in excess of one (1) ton shall be parked within the subdivision. All vehicles shall be currently registered and licenses. The commercial parking or garaging of vehicles of any type is prohibited. All boats, travel trailers and vehicles of any type is prohibited. All boats, travel trailers and vehicles of any type whatsoever shall be parked and maintained on any lot behind the building set-back line. No vehicles may be parked on any street other than conventional passenger automobiles and pickup trucks. Repairs or maintenance performed on any vehicle shall not be undertaken unless the same may be completed within seventy-two (72) hours.

Section 17. Building materials shall be stored upon any lot only in an orderly and neat manner, and only beyond the building set-back line.

Section 18. The general principle of waste shall apply with regard to all lots, so that the excavation of soil for removal to another site is prohibited, and the cutting of trees is restricted to the reasonable clearing of land for the construction of improvements, to remove dead or unsightly trees, or for the thinning of trees to improve the growth of remaining trees, in keeping with sound conservation principles.

Section 19. All improvements placed upon any lot must be kept in a good state of repair and must be painted when necessary to preserve the attractiveness thereof.

Section 20. No lot may be re-subdivided in any fashion except that any person owning more than one lot may combine said lots into one homesite for building purposes.

Section 21. All residential structures or factory constructed homes placed on any lot shall immediately be connected to the Utility Company’s sanitary sewerage system and water distribution system in conformity with state and local health regulations, if such services are furnished to the lot. Where such services are furnished, no private water well may be drilled and no septic tank may be utilized for the disposal of domestic waste; any such well or septic tank, where permitted, must be approved in advance in writing by the Utility Company.

Section 22. All building materials utilized in the construction of residential structures for a particular purpose shall be reasonably suited for such purpose and no metal product shall be used for siding or roofing purposes unless such product is commercially manufactured for such purpose. All improvements shall be completed in a workmanlike manner, following construction standards and techniques generally recognized and followed by the housing industry.

Section 25. All manufactured homes must be permanently attached to foundation in accordance with standards required by Federal National Mortgage Association and / or any other Department of Housing and Urban Development related agencies.