Declaration of Restrictive Covenants

PROTECTIVE COVENANTS

KNOW ALL MEN BY THESE PRESENTS:

That the undersigned, being the OWNERS of all that certain land and property lying and being situated in County, , and being described as follows:

See Description attached hereto as Exhibit “A”.

Owners desire to impose certain protection for themselves and all future owners and purchasers of all or any portion of the property described above. Owners therefore do hereby covenant and agree with reference to all of said property, with all purchasers and future owners of any of said property, that for a period of twenty-one (25) years from the date of this instrument the following protective covenants and restrictions shall apply and be legally enforceable as to the property described above or if sold in lots, to each and every one of the lots, to-wit:

1. All property or lots shall be used for Commercial purposes only. No structure or building shall be erected, altered, placed or permitted to remain on any lot other than one commercial structure, not to exceed four stories in height, plus a basement, if applicable.

2. The term "Commercial purposes" shall generally be defined as those uses now or hereafter allowed by the Official Zoning Ordinance, as same may be amended of the City of , . However, notwithstanding the allowed uses of the City of , zoning ordinance, the following uses are prohibited:

(a) Convenience Stores

(b) Gasoline stations

(c) Quick Oil Change or other automobile service businesses

(d) Any other use which the Owners shall deem, in their discretion, detrimental to the surrounding businesses.

3. In order to preserve the design and plans for the development all future owners of any lot or lots, shall furnish to Owners, or Owner’s designated agent, complete plans and specifications, including site plans, building elevations, material samples, if requested, and landscaping plan, prior to commencement of construction. Owners may designate an agent to review same and if so, Owners shall file with the Chancery Clerk of County, , a Designation of Agent form. Any designated agent shall have all powers of the Owners in the enforcement of these covenants.

4. All plans shall be of acceptable design, approved by Owners, or Owners’ agent, prior to construction. No buildings may be constructed of Metal siding or concrete block as the outside visible walls. All exterior walls must be constructed of brick, stucco, drivit, wood or other similar material.

5. No fencing may be constructed on any lot, other than ornamental fencing approved by Owners, or Owners’ agent, along highway 80 or along the North, West or East property lines of the overall development. It is the intent of Owners to prohibit any fencing internal to the development except such fencing as may be required by the City of for trash receptacles.

6. All buildings constructed shall have parking as approved by the City of from time to time. Nothing contained herein shall prohibit a parking variance by the City of for any building.

7. No dogs, cats or other animals will be permitted to be housed or to remain permanently on any lot.

8. No trash, ashes or other refuse may be thrown or dumped on any of the lots.

9. No building material of any kind or character shall be placed or stored upon the said property except during periods of construction or improvements thereon. Building material shall not be placed or stored in the street or between the curb and property line.

10. All driveways must constructed of concrete or asphalt.

11. Grass, weeds and vegetation on each lot shall be kept mowed at regular intervals by the owner, so as to maintain the same in a neat and attractive manner. Trees, shrubs and plants which die shall be promptly removed from such lots. The above restrictions apply to all lots purchased before and after a structure is built on the lot.

12. Other restrictions applicable to each lot may be made by appropriate provision in the deed, without otherwise modifying the covenants and provisions contained herein, and such other restrictions shall inure to the benefit of all parties in the same manner as though they had been originally expressed herein.

13. No building erected or located on any of the above described lots shall be any time be used as a residence, either temporary or permanent, nor shall any structure of a temporary character be used as a residence.

14. No obnoxious or offensive trade or activity shall be conducted on the above described lots, nor shall anything be done thereon which may become an annoyance or nuisance to the development.

15. No lot or lots may hereafter be subdivided so as to create a building plot of less than 12,000 square feet. Nothing in this paragraph shall prohibit the construction of a building on more than one lot, nor shall the use of less than a full lot be prohibited, subject to the minimum lot size. Division of lots is permitted.

16. The useable area of any structure, exclusive of open porches and garages, shall not be less that fifteen hundred (1500) square feet.

17. Building set backs shall be as required by the City of ordinances and regulations.

18. No antennas, citizen band or otherwise, that require towers or guide wires, shall be permitted on any lot in said subdivision at any time.

19. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of Courtside Professional Park.

20. All of the restrictions and covenants appearing herein as well as those appearing in a plat, deed or other conveyance of any of said lots shall be construed together, but if any one of the same shall be held to be invalid by judgment or court decree, or for any other reason is not enforced or enforceable, none of the others shall be affected or impaired thereby, but shall remain in full force and effect.

21. If any owner or owners of any lot so subdivided and platted, and thereby bound by these covenants, or their heirs, devisees, assigns, or successors in title, shall violate or attempt to violate any of the covenants herein, any other person or persons owning any of said lots may prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of such covenants, either to prevent him or them from so doing, and/or to recover damages for such violation, including attorneys fees and other costs incurred in such action. All of the terms and provisions set forth and contained herein shall be specifically enforceable.

22. These covenants shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date of this instrument, at which time the covenants shall be automatically extended thereafter for successive ten (10) year periods, unless two-thirds (2/3rds) of the then owners of lots in Courtside Professional Park, shall, by written instrument filed and recorded in the office of the Clerk of County at , , at any time after the date of this instrument, agree that the same shall be terminated and rendered null, void and of no further effect. In addition, these covenants may be amended or supplemented at any time by the written consent of two-thirds (2/3) of the owners of the lots in .

IN WITNESS THEREOF, , has executed the above and foregoing instrument of Protective Covenants, this the day of , 20 .