SECTION 4 DEED RESTRICTIONS

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1 SECTION 4 DEED RESTRICTIONS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ROSS TRAILS, SECTION FOUR, BLOCK B Ross Trails, Inc., an Ohio corporation ( Developer ) being the owner of the lots (collectively, hereinafter referred to as the Lots and individually as a Lot ) described in Exhibit attached hereto located in Section 32, Town 3, Range 2, Ross Township, Butler County, Ohio does this 18th day of February, 2008 hereby execute this Declaration of Covenants, Conditions and Restrictions for Ross Trails, Section Four, Block B ( Declaration ) for the purpose of establishing and declaring that all of the Lots shall be held, sold and conveyed subject to the covenants, conditions and restrictions set forth in this Declaration which covenants, conditions and restrictions: (a) are for the purpose of protecting the value and desirability of the Lots; (b) shall run with the land and be binding upon all parties having any right, title, or interest in any Lot, their heirs, successors, and assigns; and (0) shall inure to the benefit of each owner of a Lot. SECTION 1: RESIDENTIAL USE No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or be permitted to remain on any Lot, other than one single family residential dwelling ( Dwelling ) with a private garage for not less than two (2) vehicles but no more than three (3) vehicles. No Dwelling can have more than three (3) garage doors. No business or trade shall be conducted on any Lot. SECTION 2: DETACHED GARAGES The garage for a Dwelling located on a Lot (other than Lots 180, 181, 182, 183, 184, 185, 186, 187, 188, 195, 196, 197, 198, 199, 200 and 201) shall be attached to the Dwelling. Each of Lots 180, 181, 182, 183, 184, 185, 186, 187, 188, 195, 196, 197, 198, 199, 200 and 201 shall be permitted to have a garage constructed on it which is detached from the Dwelling. Each such detached garage shall have dimensions of no greater than twenty-four (24 ) feet by forth (40 ) feet and shall have no more than two (2) garage doors. The exterior material of a detached garage shall match the exterior material of the Dwelling located on that Lot and the roof of a detached garage must be the same type and color as the roof on the Dwelling. SECTION 3: ARCHITECTURAL CONTROL No construction (which term shall include within its definition staking, clearing, grading and other site work) and no removal of plants, trees or shrubs shall take place on a Lot until the requirements of this Section have been fully met. Prior to any construction on a Lot, the owner of a Lot who intends to: (a) construct a Dwelling, fence, wall, building, structure or other improve on such Lot; or (b) intends to perform any exterior alteration or improvement to the Dwelling or other building on such Lot shall first submit to the Developer (which for the terms of this Section shall include Developer s designee) the name of the builder and a complete set of building plans for the proposed construction or alteration. The Developer reserves the right to limit builders to a select group of preferred builders, and the Declarant shall have the right to withhold its approval of any builder who is not on the preferred builder list maintained by the Developer. Further, the Developer shall approve, reject or modify (in Developer s sole discretion) an owner s plans in a writing sent to the owner in question not more than thirty (30) days after the plans are submitted to the Developer. The thirty (30) day period shall commence upon execution of a written notice by Developer acknowledging receipt of plans and specifications and all

2 information required therewith. If the Developer fails to approve, reject or modify the plans within the thirty (30) day period, the Developer s approval shall be deemed to have been given, and no further permission shall be needed before the improvements described in such plans may be constructed or installed on the Lot. However, in no event shall any improvements be constructed or installed on any Lot which violate any terms of any other Section of this Declaration. Each owner of a Lot shall be responsible to insure that all construction and any exterior alterations are completed in accordance with this Declaration and the plans that have been approved by the Developer as provided by this Section. No construction on a Lot shall take place on a Lot by a builder who has not been approved by the Declarant. Developer shall not be liable to any owner of a Lot for any damage, loss or expense suffered or claimed due to: (a) the approval or disapproval of any plans, drawings or specifications, whether or not defective or in violation of any law, building code or zoning ordinance; or (b) the construction or performance of any work whether or not by an approved builder or pursuant to approved plans, drawings or specifications. SECTION 4: SQUARE FOOTAGE REQUIREMENTS The living area of any Dwelling constructed on a Lot, exclusive of porches, decks, basements and garages, shall be no less than: (a) one thousand eight hundred (1800 ) square feet for a ranch type Dwelling; or (b) two thousand two hundred (2200 ) square feet for a two-story Dwelling. SECTION 5: NO UNDERGROUND HOMES No underground Dwelling shall be constructed on a Lot. SECTION 6: TV AND RADIO ANTENNAS All television and radio antennas, including CB radio antennas, shall be enclosed within the Dwelling located on the Lot. Any satellite dish antenna located on a Lot shall be hidden so as not to be seen from the street. SECTION 7: AIR CONDITIONING AND HEAT PUMP EQUIPMENT All air conditioning and heat pump equipment located on a Lot must be located and screened in such a manner so as to provide minimum visual impact from other Lots. SECTION 8: AWNINGS No metal or plastic awnings for windows or doors may be erected or used on any Dwelling located on a Lot. Canvas awnings may be used on a Dwelling located on a Lot, subject to prior written approval of the Developer or its designee. SECTION 9: EXTERIOR CARPETING No exterior carpeting shall be permitted if it is visible from the street or a neighboring Lot. SECTION 10: MATERIALS Any Dwelling shall be constructed of not less than sixty (60%) percent of the exterior wall surface being brick or stone. A combination of brick or stone with vinyl or cedar or fir siding or the equivalent may be permitted. The Developer or its designee shall have the right to waive the restriction provided for in this Section. Any such waiver shall be in writing. SECTION 11: ROOFS The roof elevation on a Dwelling shall be no less than 6/12 pitch. SECTION 12: COMPLETION Construction of any Dwelling, fence, wall, building, structure or other improvement on a Lot shall be completed within one (1) year from the date construction started. For purposes of this Declaration, the construction of a Dwelling and Lot shall not be deemed to be completed

3 until: (a) the sidewalks have been installed; (b) a driveway of asphalt or concrete has been installed; (c) landscaping has been completed; (d) sod has been laid or grass seeding has been completed; (e) gutters and downspouts have been installed; (f) all windows have been installed; and (g) exterior painting has been completed. SECTION 13: NUISANCE No obnoxious or offensive activity of any kind shall be engaged in on a Lot nor shall the owner of a Lot or occupant thereof engage in any activity that interferes with the quiet enjoyment, comfort and health of the occupant of another Lot. SECTION 14: SIGNS No sign of any kind shall be displayed to the public view on any Lot except: (a) one sign of not more than three (3 ) square feet advertising the Lot for sale; or (b) signs used by the Developer to advertise the Lot the period of construction or sale. SECTION 15: ANIMALS No livestock or poultry of any kind shall be raised, bred or kept on any Lot. Each owner of a Lot shall be permitted to keep on his or her Lot ordinary household pets of no more than two (2) dogs and two (2) cats, provided that any such pets are: (a) kept in an enclosure and on a leash; and (b) not kept, bred or maintained for any commercial purpose. SECTION 16: OTHER STRUCTURES No above ground swimming pool shall be permitted on a Lot. No structure of a temporary character, trailer or shack shall be permitted on a lot. Construction trailers and/or temporary storage sheds shall be permitted only during periods that construction activities are occurring on a lot. SECTION 17: MAINTENANCE All Lots must be kept mowed and free of debris and clutter. During construction on his or her Lot, the owner of such Lot shall be responsible for keeping the streets and adjacent Lots clean and free of stumps, concrete truck washout and other debris. SECTION 18: VEHICLES No truck over three-fourths (3/4) ton capacity shall regularly be parked upon any Lot. Only one (1) truck of three-fourth (3/4) ton or less capacity may be parked on a Lot. The parking and/or storage of machinery, equipment, a school bus or any commercial vehicle on a lot other than one pickup truck of three-fourth (3/4) ton or less is prohibited. No Lot shall be used or maintained as a dumping ground for refuse or garbage or for the storage of disabled or junk cars. SECTION 19: BOATS AND TRAILER Any boat, camper, trailer, recreational vehicle or other vehicle of a similar nature parked or stored in the driveway of a Dwelling on a Lot for more than forty-eight (48) consecutive hours shall be moved to a suitable parking area provided in the rear of the Dwelling so as to obscure from being viewed from other Lots, except that any boat operating on the lake located on Lots 186, 187 and 188 (collectively, the Lake Lots ) or docked on one of the Lake Lots need not be obscured from view from other Lots. SECTION 20: STORAGE BARNS Subject to the written approval of the Developer or its designee as provided for in Section 3 of this Declaration, a storage barn may be constructed on a Lot. The floor space of any such storage barn shall not exceed 192 square feet (12 x 16 ). Any storage barn built on a Lot must be built in a professional manner and placed on a temporary foundation. Construction materials for an approved storage barn may include wood, brick or hardboard siding. No metal buildings shall be allowed to be constructed on a Lot. Any storage barn built on a Lot shall be built to the rear of

4 the Dwelling. Shingles on the storage barn must match the roof of the Dwelling and the exterior of the storage barn must match the brick or siding of the Dwelling. SECTION 21: MAILBOXES No brick mailboxes may be constructed on a Lot. SECTION 22: FENCES No materials other than open wood or split rail shall be used as a fence on any Lot. Any fence shall have a maximum height of four (4 ) feet. Fences shall be permissible only to the rear of the building line of a Lot. Privacy patio screens up to six (6) feet in height and forty (40) feet in length are permitted. No fence or screen permitted by this Section shall be installed on a Lot until approved by the Developer pursuant to the provisions of Section 3 of this Declaration. SECTION 23: CULVERT PIPES FOR DRIVEWAY Each owner on Lots 180 through 201 inclusive shall, at such owner s sole cost and expense, install a culvert pipe over the drainage ditch adjacent to Outpost Drive and Covered Wagon Estates Lane where the driveway is installed. All culvert pipe installations shall be completed in a good and workmanlike manner in accordance with applicable laws, rules and regulations. SECTION 24: COMPLETION OF DRIVEWAY The complete length of a driveway on a Lot shall be constructed of concrete or paved blacktop. Driveway construction shall be completed no later than ninety (90) days after the certificate of occupancy is issued for the Dwelling on the Lot. SECTION 25: DAMAGE TO ROADS AND CURBS The owner of a Lot shall be solely responsible for repairing any damage to and removing any construction debris from any road, curb or other improvement caused by such owner, his or her employees, constructors or subcontractors. SECTION 26: EROSION CONTROL Each owner shall be responsible for any erosion on his or her Lot. Further, each owner of a lot shall be responsible for complying with all applicable laws, rules and regulations relating to erosion control. SECTION 27: PORTABLE BASKETBALL EQUIPMENT No portable basketball equipment shall be permitted to be placed in any right of way area or in any road. When not in use, all portable basketball equipment shall be stored out of the site of any adjoining Lot. SECTION 28: MISCELLANEOUS (A) The covenants, conditions and restrictions set forth in this Declaration: (i) shall bee covenants running with the land; (ii) shall bind the Lots; (iii) shall inure to the benefit of each Lot owner, their legal representative, heirs, devisees, successors and assigns; and (iv) shall remain in full force and effect for a period of twenty (20) years from the date this Declaration is filed with the Recorder of Butler County, Ohio. Thereafter this Declaration shall be automatically renewed for successive ten (10) year periods unless amended or terminated as hereinafter provided. (B) Any provision of the Declaration may be amended in whole or in part during the first twenty (20) year period after this Declaration is recorded with the Butler County Recorder by an instrument signed by not less than seventy-five (75%) percent of the Lot owners. After the initial twenty (20) year period has expired, this Declaration may be amended by an instrument signed by not less than fifty-one (51%) percent of the Lot owners. This Declaration may be terminated only with the unanimous consent of all Lot owners. No amendment or termination shall be

5 effective until an instrument properly executed in accordance with Ohio Revised Code Section is filed with the Recorder of Butler County, Ohio. No amendment to this Declaration shall be binding upon any Lot owned by the Developer or upon any Lot upon which a Dwelling has not yet been erected unless the Developer or any such Lot owner agrees to said amendment in a recorded writing. (C) The Developer may delegate or assign all or any part of its approval rights under this Declaration to another person or entity; provided that such delegation or assignment is set forth in writing and such written instrument is filed for record with the Recorder of Butler County, Ohio. (E) The determination by a court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any other provision of this Declaration. (F) The headings of the Articles and Sections of this Declaration are for convenience only and shall not affect the meaning or construction of the contents of this Declaration. (G) Notwithstanding any other provision of this Declaration, the Developer reserves the right and power to amend this Declaration as necessary to conform to the requirements governing the purchase of insurance of mortgages by the Mortage Corporation, Federal National Mortgage Association, Government National Mortgage Association, Mortgage Guaranty Insurance Corporation, the Federal Housing Administration, the Veterans Administration, or any other such agency or organization. The Developer further reserves the right to amend this Declaration in order to resolve any ambiguity, and to correct any typographical errors, misstatements or omissions, so as to clarify Developer s original intent. Each Lot owner and his or her mortgage by acceptance of a deed to a Lot or a mortgage encumbering a Lot, grants the Developer a power of attorney to make such amendments. This power of attorney is coupled with an interest, runs with the title to the Lot and is irrevocable for a period of twenty (20) years from the date of the filing of the Declaration with the Recorder of Butler County, Ohio. The Developer has caused its name to be signed hereto this year and date aforesaid. ROSS TRAILS, INC. By Michael T. Watson STATE OF OHIO, COUNTY OF BUTLER, SS: The foregoing instrument was acknowledged before me this 18th day of February, 2008 by Michael T. Watson, the Vice President of Ross Trails, Inc., an Ohio corporation, on behalf of the corporation. Larry Thinnes, Notary Public This instrument prepared by: MILLIKIN & FITTON LAW FIRM A Legal Professional Association Hamilton, Ohio EXHIBIT A Lot Numbered One Hundred Eighty (180) through and including Lot Numbered Two Hundred One (201) as the same are known and designated on the recorded plat (the Plat ) of Ross Trails, Section Four, Block B, a subdivision situate in Section 32, Town 3, Range 2, Ross Township, Butler County, Ohio, which Plat is recorded in Volume 7949 at Page 1829 of the Official Records of Butler County, Ohio.

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BROOKWOOD ESTATES HOA COMMUNITY RESTRICTIONS OVERVIEW: Following the completion or construction of any residence or Exterior Structure, no significant landscaping change, significant exterior color change