JF Home	Jefferson Farms Homeowners' Association, Inc.
	AMENDED AND RESTATED DEED RESTRICTIONS Background By Warranty Deed and Deed Restrictions, dated August 25, 1088, and recorded in Deed Book 564, Page 912 of the Fairfield County, Ohio Recorder’s Office, Jefferson Woods II Development Company (“Jefferson Woods II”) imposed certain covenants, conditions and restrictions upon certain property located in Violet Township, Fairfield County, Ohio, as fully described therein (the “Deed Restrictions”). Jefferson Farms Homeowner’s Association, Inc. was formed to enforce the restrictions set forth in the Deed Restrictions. In pursuance of a general plan for the protection and benefit and the mutual advantage of all the Property herein described and all of the persons who may now or hereafter become Owners, and their heirs, successors and assigns, the Deed Restrictions, which are for the mutual benefit and protection of, and shall be enforceable by, all and any of the Owners or the Association (as defined herein), and their successors, heirs and assigns, are amended and restated as set forth herein, and all Owners and their successors, heirs and assigns, covenant and agree to keep and perform each of said restrictions and to hold the Property and each lot therein upon the following terms and conditions. Covenants, Restrictions, Conditions and Assessments Lien The Property is subject to the conditions, covenants, restrictions and lien for assessments, as set forth herein, which shall run with the land for all purposes and shall be binding upon and inure to the benefit of the Property, Jefferson Woods II, the Association, all Owners, and all Grantees, together with their respective heirs, successors and assigns. Article 1. Definitions Article 2. Jefferson Farms Design Control Committee Article 3. Approval of Plans Article 4. Land Use Article 5. Period of Duration, Construction and Amendment Article 6. Failure to Enforce Not a Waiver of Rights Article 7. Constructive Notice and Acceptance Article 8. Easements Article 9. Rights of Mortgagee Article 10. Mutuality Article 11. Jefferson Farms Residents Association Article 12. Assessment Article 1. Definitions Unless the context otherwise specifies or requires, and in addition to any other term defined herein, the terms defined in this Article 1 shall have the meaning specified: 1.01 Assessment: shall mean the assessment described in Article 12 hereof. 1.02 Association: shall mean the Jefferson Farms Homeowners’ Association, Inc. whether or not such group is incorporated or unincorporated. 1.03 Dwelling: shall mean and include all structures to be used for residential purposes,together with all projections and extensions thereof and accessory structures, whether or not connected or attached, including, but not limited to, garages, porches, canopies, shelters, and storage areas. 1.04 Committee: shall mean the Jefferson Farms Design Control Committee discussed in Article 2 hereof, which Committee shall consist of three members appointed by Jefferson Woods II or its successors and assigns during such period as Jefferson Woods II is the holder of record title to the fee interest in any lots in the subdivision, and shall consist of members appointed by the Association or its successors and assigns at all other times. 1.05 Improvements: shall mean and include, without limitation, buildings, outbuildings, roads, driveways, parking areas, fences, retaining walls, swimming pools, screening walls, ornamentation, signs, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, poles and all other structures and landscaping. 1.06 Grantee: shall mean Owner, and any subsequent transferee of any interest in the property, including tenants, as defined herein, together with their respective heirs, personal representatives, assigns and successors in interest. 1.07 Owner: shall mean as used herein and in the Amended Articles of Incorporation of the Association, attached hereto as Exhibit “B”, the holder of record title to the fee interest in any lot, in the Property, whether or not such title holder actually resides on or in any part of the Property. 1.08 Property: shall mean and include the following: (1) Any and all land described in the attached Exhibit “A” and all presently existing improvements built, installed or erected thereon. (2) From and after the building, installation or erection of each improvement upon the land described in Exhibit A, the term “Property” shall also include each such improvement. 1.09 Resident: shall mean and include: (1) Each person lawfully residing on or in part of the Property; and (2) Members of the immediate family of each such person actually living in the same household with such person. 1.10 Restrictions: shall mean these covenants, restrictions, conditions and assessments together with all of the provisions contained herein as they now appear or as they may hereafter be amended. Article 2. Jefferson Farms Design Control Committee 2.01 Purposes: Jefferson Woods II shall establish the Jefferson Farms Design Control Committee (the “Committee”) for the following purposes: (a) to provide a committee of persons for reviewing, evaluating, approving and disapproving proposed plans. (b) to establish, maintain and preserve specific architectural guidelines and standards to carry out the intent of these Restrictions, which guidelines and standards from time to time in effect with respect to all or any portion of the Property shall hereinafter be referred to as the “Jefferson Farms Design Standards.” (c) to enforce the provisions of these Restrictions when requested on behalf of Jefferson Woods II or the Association and its successors and assigns. 2.02 Committee, Responsibilities; Effect of Actions: The Committee shall exercise its best judgment to see that all Improvements on the Property conform to Jefferson Farms Design Standards as to external design, quality and types of construction, materials, colors, setting, height; grade, finished ground elevations, landscape and tree removal. The actions of the Committee, through its approval or disapproval of plans and other information submitted pursuant hereto, shall be conclusive and binding on all interested parties. Article 3. Approval of Plans 3.01 Requirement of Approval: No Improvements, change, construction, addition, excavation, landscaping, tree removal, or other work or action which in any way alters the exterior appearance of the Property from its theretofore natural or improved state (and no change, alteration or other modification of any of the foregoing previously approved hereunder), and no addition to or modification of any Improvement or landscaping (whether or not theretofore approved hereunder), shall be commenced or continued until the same shall have first been approved in writing by the Committee in accordance with Jefferson Farms Design Standards. Approval shall be required by submission to the Committee of plans and specifications, in duplicate, showing the following: (a) All buildings, and other Improvements, access drives, and other improved areas, and the locations thereof on the site; (b) All landscaping; including existing and proposed tree locations and planting areas (and species thereof), mail boxes, and exterior ornamentation; landscaping shall be accomplished as part of the construction. (c) Plans for all elevations, including projections and wing-walls specifying the use of wood windows throughout all homes; and (d) Exterior lighting plans; (e) Walls, fencing, and screening; (f) Patios, decks, pools, and porches; (g) Signs and parking areas; (h) Samples of materials to be used to the extent requested by the Committee; and (i) Such other information, data, and drawings as may be reasonably requested by the Committee. All homes constructed in the Jefferson Farms subdivision shall have not less than a two car garage with the overhead door. The exterior materials used in all homes shall be limited to brick, stone, cedar, stucco, embossed vinyl “premium” panel siding of 0.044" thickness, and either embossed insulated aluminum panels of 0.019" thickness or greater, or embossed 29 gauge steel panels for exterior siding. The recommended manufacturer is “Alside”, and if another manufacturer is used, the product has to be of the same quality as the “Alside” products. Soffits, facia and trim may be constructed of the same heavy grade vinyl or heavy grade aluminum described in the previous sentence or other wood materials available in the marketplace. All other aluminum or vinyl products will have to be individually approved by the Design Control Committee (samples of these products must be provided by the builder or the owner to the Design Control Committee). There shall also be a design for mail box construction and driveway light fixture, manufacturer and model number furnished by the developers, which shall be used for every dwelling constructed in Jefferson Farms subdivision. Specifications shall describe types of construction and exterior materials to be used, including, without limitation, the colors and manufacturers thereof, and shall otherwise be prepared according to the Jefferson Farms Design Standards. No split-level or bi-level dwellings shall be permitted on any of the lots in the Property. 3.02 Basis of Approval: Approval shall be based among other things, upon conformity and harmony of the proposed plans with Jefferson Farms Design Standards and other structures in the Property, the effect of the location and use of improvements on neighboring property; and conformity of the plans and specifications to the purpose and general intent of these Restrictions. 3.03 Failure to Approve or Disapprove: If the Committee fails either to approve or disapprove such plans and specifications within thirty (30) calendar days after the same have been delivered to the Committee either personally or by certified mail, it shall be presumed that the Committee has approved said plans and specifications. Upon written request the Committee shall issue a certificate indicating its approval of the plans and specifications as provided therein. 3.04 Liability Relating to Approvals: Neither Jefferson Woods II, the Committee, nor any member thereof, nor any of their respective heirs, personal representatives, successors or assigns, shall be liable to anyone submitting plans for approval by reason of mistakes in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person and entity who submits plans to the Committee agrees, by submission of such plans, that he or it will not bring any action or suit against the Committee or Jefferson Woods II to act or to recover any damages. 3.05 Requirement of Completion ; Notice of Completion, Non-Completion or Non-Compliance: An Owner shall cause any Improvement in the Property to be diligently pursued to completion by such date which is six (6) months after the date construction was commenced unless the Committee gives a written extension for due cause. Upon the completion of any Improvement in the Property, the person or entity who completed the same may file with the Committee a written notice of completion and compliance which shall give rise to a conclusive presumption in favor of such person or entity or any Owner and any encumbrancer’s acting in good faith and for value that said Improvement is completed and in compliance with all provisions of this Article 3, unless within thirty (30) days of said filing of the Committee gives actual notice of non-compliance or non-completion. Notice of non-compliance or non-completion will be considered to be delivered when it is posted on or about the improvement in question. In the event any Improvement in the Property is, by virtue of this 3.05, conclusively presumed to be completed and in compliance with all provisions of this Article 3, such person or entity and any such Owner and any such encumbrancers may at any time request in writing that the Committee issue a certificate certifying that said Improvement is completed and in compliance with all provisions of this Article 3, which certificate shall be issued by the Committee within fifteen (15) days of its receipt of written request therefore. Article 4. Land Use. 4.01 Restrictions as to Use of Lots and Size and Height of Buildings: All 198 lots of the Property, as shown on the recorded plat, referred to as Exhibit A to this Deed, shall be used for single family residential purposes only. A “professional” office is permitted within any single family residence, however no signage may be erected to identify such office function. All dwellings constructed on the Property shall have a minimum floor area, exclusive of basements, attics, garages, garage spaces, porches and decks, of 2,000 square feet of heated living area. The maximum height of any home shall be 35' from the grade at the front door to the highest point of the roof ridge. 4.02 Temporary Improvements: No temporary building or structures shall be permitted on any lot in the Property; provided, however, trailers, temporary buildings, barricades and the like shall be permitted for construction purposes during the construction period of a permanent dwelling. 4.03 Antennas: No antenna for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained on the Property outside any building, whether attached to an Improvement or otherwise, without the prior written approval of the Committee. Only dish-type antennas less than or equal to 24 inches in diameter will be considered for approval. Only one dish will be allowable per lot, and the dish must be of earth tone colors (grey, brown, or green). Plans for installation must include installation in a location not readily visible from the street, and landscaping to hide the installation if at ground level. All plans must be submitted to and approved by the Committee prior to installation. 4.04 Utility Service: No lines, wires or other devices for communication purposes, including telephone, television, data and radio signals, or for transmission of electric current or energy, shall be constructed, placed or maintained anywhere in or upon the Property unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on dwellings provided above ground, and other electrical transformers and/or equipment may be permitted if properly screened and approved by the Committee. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission shall also be placed underground or within or under dwellings. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved Improvements. 4.05 Site Placement: All buildings and other Improvements shall be placed so that the existing topography and landscape shall be disturbed as little as possible, and so that the maximum number of desirable trees and other natural features will be preserved, unless the Committee approves in writing some other placement. 4.06 Parking, Loading and Unloading Areas: Adequate off-street parking must be provided for all residential units in the Property. All dwellings must provide at least a two-car garage, plus additional off-street parking for at least two cars. As used herein, “car” shall mean a full-sized automobile, as opposed to a compact or subcompact automobile. 4.07 Service Screening, Storage Areas: Garbage and refuse shall be placed in containers, which shall be concealed and contained within dwellings, or shall be concealed by means of a screening wall of material similar to and compatible with that of the dwelling lot, or shall be concealed by sufficient landscaping to provide a permanent screen at all times of the year. Unless specifically approved by the Committee in writing, no materials, supplies or equipment shall be stored on the Property except inside a dwelling, or behind a visual barrier screening such areas so that they are not visible from neighboring streets or properties. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Each unimproved lot owner shall maintain his respective lot by mowing same at least four times a each year, once during the month of April, and once during the months of June, August, and October. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain on said premises and no unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. Small vegetable gardens, not exceed 100 square feet in area per lot, are allowed but must be placed in the yard such that they are not readily visible from the street in front of the house, and may not be placed in areas that interfere with drainage. Decorative plantings or landscaping are recommended to diminish visibility of garden plantings and vegetable gardens must be maintained so as not to become unsightly. 4.08 Streets, Drives, Surface Drainage Swails, and Walks: Streets, drives, surface drainage swails, and walks shall be constructed or altered only in accordance with plans and specifications submitted to and approved in writing by the Committee. 4.09 Storage Tanks: No storage tanks, including, but not limited to, those used for storage of water, gasoline, oil, other liquid or any gas, shall be permitted on the Property outside a dwelling except as approved by the Committee. 4.10 Dwelling Exterior: All windows, porches, balconies, and the exterior of dwellings shall at all times be maintained in a neat and orderly manner. No clotheslines or other outside drying or airing facilities shall be permitted. 4.11 Hobbies: Hobbies or activities that tend to detract from the aesthetic character of the Property, and Improvements used in connection with such hobbies or activities, shall not be permitted unless carried out or conducted as directed by the Committee. This paragraph has reference to, but is not limited to, such activities as automotive and boat repair, and sport activities involving equipment placed on the Property. 4.12 Exterior Materials and Colors: Finish building materials shall be applied to all sides of the exteriors of all Improvements. Colors shall be harmonious and compatible with colors of the natural surrounding and other adjacent dwellings. The Committee shall have the sole right to approve or disapprove materials and colors so controlled. 4.13 Signs: No signs whatsoever (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on the Property except: 1. Such signs as may be required by law. 2. Such signs as may be approved by the Committee, meeting the sign requirements contained in the Jefferson Farms Design Standards. 3. One professional sign of not more than five (5) square feet per side, advertising the property for sale or rent, or signs used by the builder to advertise his/her firm during the construction and sales period. 4.14. Landscaping: The Property, including any land which shall have been altered from its natural state existing at the time of this Deed, shall be landscaped according to plans approved by the Committee. All shrubs, trees, grass and plantings of every kind shall be kept well maintained, properly cultivated and free of trash and other unsightly materials. 4.15 Nuisances: No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property and no odors shall be permitted to arise or be emitted therefrom so as to render any portion of the Property unsanitary, unsightly, offensive or detrimental to any of the remainder of the Property or to the occupants thereof. 4.16 Maintenance of Lots and Buildings: No lot and no dwelling or other Improvement shall be permitted to become overgrown, unsightly or to fall into disrepair and all dwellings and Improvements shall at all times be kept in good condition and repair and adequately painted or otherwise finished in accordance with specifications established by the Committee. Each Owner, for himself and his successors and assigns, hereby grants to Jefferson Woods II and the Association, jointly and severally, the right to make any necessary alterations, repairs or maintenance approved by the Committee to carry out the intent of this provision and they further agree to reimburse Jefferson Woods II or the Association for any expenses actually incurred in carrying out the foregoing. 4.17 Right of Entry Upon Lot: Jefferson Woods II and the Association, and their respective representatives, shall have the right, during reasonable hours with prior written notice, to enter upon and inspect the exterior of the Property and any Improvements, whether prior to, during, or after the completion of, any construction of any Improvements, for purposes of determining whether or not the provisions of these Restrictions are being complied with. 4.18 Mineral Exploration: The Property shall not be used in any manner to explore for, use, or exploit commercially any water, oil or other hydrocarbons, minerals of any kind, gravel, earth, soil, or any other substance located in or under the ground. Water wells are permitted for household, lawn and landscape use. 4.19 Machinery and Equipment: No commercial machinery or equipment of any kind shall be placed, operated or maintained on the Property except such machinery or equipment reasonably necessary for use in connection with the maintenance or construction of Improvements as approved by the Committee. 4.20 Swimming Pools: No “above grade” swimming pools shall be permitted to be constructed and/or maintained on the Property or any lot therein. Swimming pools “below grade” are permitted, however the location of any such swimming pool must be identified on the “landscape plan” which is submitted to the Design Control Committee for its approval. All governmental regulations regarding fencing and maintenance will be strictly enforced by the Committee and appropriate authorities. 4.21 Vehicles, Trailers, Boats, Commercial Vehicles, or Motor Homes: No automobile or motor driven vehicle may be left upon the Property for a period longer than five (5) days in a condition such that it is incapable of being operated upon the public highways. After such time the vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and must be removed from Jefferson Farms. Any towed vehicle, boat, motor home or mobile home regularly stored upon any residential tract, or temporarily kept thereon for a period longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from Jefferson Farms. The foregoing, however, does not apply to such boats or other vehicles, whether motor-driven or towed, as are stored wholly within a private garage or designated trailer storage area. No commercial vehicles may be parked, stored or temporarily kept on the Property, except when stored wholly within private garages, or except when there temporarily to service existing Improvements or to be used in connection with the construction of Improvements on the Property. 4.22 Animals: No animals, birds, insects, live stock or poultry of any kind shall be raised, bred, or kept on the Property except dogs, cats and other household pets which are kept for domestic purposes only, and are not kept, bred, or maintained for any commercial purpose. No more than two (2) dogs and two (2) cats may be kept on any lot or in any dwelling on any lot except when such dogs or cats in excess of such numbers are less than three (3) months of age. 4.23 Removal of Trees: In order that the natural beauty of the Property may be preserved, no living tree having a caliper measurement or diameter of four (4) inches or more shall be destroyed or removed from the Property unless approved by the Committee in connection with its approval of the plans and specifications for the construction of Improvements on the Property or otherwise with the prior express written consent of the Committee. 4.24 Drainage and Grading: No other ditches, cuts, swales, streams, impounds, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical improvements or elements of the landscape or terrain which control or determine the location or flow of surface water and drainage patterns may be destroyed, altered or modified by or at the direction or with the consent of any Owner without the prior written consent of the Committee. No Improvements to the Property shall be made in any manner whatsoever that is inconsistent with the grading plans established by Jefferson Woods II or its successors or assigns for the Property, as they now exist or may hereafter be modified from time to time, without the prior written consent of the Committee. Any lot conveyed by Jefferson Woods II to another party, upon which construction of a building has not been commenced within six months after the date of such conveyance, must be seeded or sodded by the Owner thereof and thereafter maintained by such Owner until such construction is commenced, so that it will be neat and attractive in appearance. Upon the failure of any Owner to comply with this requirement, the Owner of any other lot in the Property shall have the right to enter upon the lot of the defaulting Owner and seed or sod the same and thereafter maintain it. The defaulting Owner shall be liable for the cost of such seeding, sodding and maintenance, plus interest at 12% per annum thereon for the cost of such seeding, sodding and maintenance. 4.25 No fences shall be permitted on any lot except: 1) A split rail fence, not to exceed three and one-half (3-1/2) feet in height. A black welded wire mesh fence, no part of which may extend above the highest rail in the split rail fence, may be installed behind (i.e., on the internal side of the split rail fence. 2) A fence made from either extruded aluminum or composite materials (no maintenance) having the appearance of wrought iron. Said fencing must be black in color and be no more than four (4) feet in height. Notwithstanding the foregoing, fencing required by applicable governmental regulations may be installed around in-ground swimming pools or around tennis courts, provided that the style and type of such fencing is approved by the Committee. All fencing shall adhere to all applicable local codes and statutes. No fencing shall be installed to extend forward of (toward the street) the horizontal line of the back of the house. 4.26 No structure or improvements of any kind, including sheds, fences, flower beds, rock gardens and trees, but excluding grass and approved bank protection, shall be erected, planted or permitted to remain within the easement provided for a drainage course on the subject Property. 4.27 No Owner shall take or permit to be taken any action that might change, alter or divert the flow of the drainage course, nor shall, within the easement provided, alter the ground level or the course of the surface water flow as shown on the construction plans on file with Fairfield County. An Owner may, on securing permission from the Fairfield County Engineer, riprap, wall or otherwise protect the stream on his lot. All Owners shall be responsible for maintaining all storm water drainage swails adjacent to their property boundaries and lawn (grass) therein. 4.28 Every Owner along any drainage course shall maintain the portion of the drainage course in his property and keep the same free from debris and obstructions of all kind. The County shall be free of any liability toward maintaining the drainage course or channel and be under no obligation to maintain or repair the drainage. 4.29 Jefferson Woods II and/or the Association shall be responsible for the installation of entry monuments for the subdivision on the two lots adjacent to the intersection of Pickerington Road and Spring Hill Drive, and hereby reserve the right to enter in, on, upon and/or over said lots for the purpose of installation of said monuments. The shape, style and/or design of said monuments shall be within the sole discretion of Jefferson Woods II and/or the Association and said Jefferson Woods II and/or Association further reserve the right in the future to enter in, upon, on and/or over said lots for the purpose of continuing maintenance, repair and/or replacement of said monuments. 4.30 No lot in the Property shall hereafter be subdivided into additional lots. 4.31 Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. 4.32 No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the public health authorities having jurisdiction. Approval of such system as installed shall be obtained from such authority, prior to operation of said system. 4.33 All driveway approaches from the street to the front lot line shall be installed prior to commencement of construction of or excavation for the dwelling. 4.34 No house may be erected on any lot in the Property unless there is installed in conjunction therewith an outside yard light of either gas or electric power. Such light shall be located in accordance with specifications established by Jefferson Woods II or the Association. The Owner of the aforementioned light shall keep the same in good repair and working condition at all times. Article 5. Period of Duration, Construction and Amendment These reservations, restrictions, conditions, easements, charges, agreements, covenants, obligations, rights and uses and provisions shall bind all Owners and all Grantees, their heirs, successors and assigns and shall be considered covenants running with the land until the first day of January, 2015, after which time said covenants shall automatically be extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then Owners of the lots in the Property has been recorded, agreeing to change said covenants in whole or in part. In addition, these Restrictions shall be construed toward their strict enforcement whenever reasonably necessary to insure uniformity and harmony of plan, development and use of said subdivision, and if necessary they shall be so extended and enlarged by reasonable implication as to make them fully effective to accomplish such purposes. The reasonable construction placed upon them by Jefferson Woods II, or the Association, in good faith shall be final and binding as to all Owners, persons and property benefited or bound thereby. The invalidity of any provision, requirement, term, condition, restriction, agreement, covenant, obligation or charge, or any part thereof, shall not affect those remaining or the parts thereof, nor shall any failure by Jefferson Woods II, or the Association, however long continued (except in case of a specific waiver thereof), to object to any breach of or to enforce any provisions whatever, which are contained herein, shall be deemed a waiver of a right so to do thereafter, as to the same breach or as to one occuring prior or subsequent thereto. These Restrictions may be amended by the affirmative vote of at least 100 of the 198 lot owners in the Property. Article 6. Failure to Enforce Not a Waiver of Rights With the exception of the time limit for action by the Committee contained in Article 3, above, failure of the Committee, Jefferson Woods II, the Association or any Owner, to enforce any of these Restrictions shall in no way be deemed a waiver of the right to do so thereafter or the right to enforce any other of these Restrictions. Article 7. Constructive Notice and Acceptance Every person or entity who now or hereafter owns or acquires any rights, title or estate in any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein and all provisions in any Exhibit hereto whether or not a reference to these Restrictions is contained in the instrument by which such person acquired an interest in said Property. Article 8. Easements Grantee and Grantee’s heirs, successors and assigns hereby agree to grant utility easements for the purpose of constructing utility lines and/or cable transmission reception facilities lines over or through the Property. Jefferson Woods II, or the Association, shall present to Grantee, or Grantee’s heirs, successors and assigns, a survey of any proposed easement which shall be subject to approval, and which approval Grantee and Grantee’s heirs, successors and assigns agree will not be unreasonably withheld. Subject to the aforesaid approval, Grantee and Grantee’s heirs, successors and assigns agree to execute all appropriate papers and documents to accomplish the foregoing. Article 9. Rights of Mortgagee All provisions of these Restrictions, including the provisions hereof respecting liens and charges against the Property, shall be deemed subject and subordinate to the lien of all recorded first mortgages, now or hereafter executed, and none of these Restrictions shall supersede or in any way reduce the security or affect the validity of such mortgage; provided, however, that if any portion of said Property is sold or conveyed under a foreclosure or other enforcement of any mortgage, any grantee or purchaser at such sale, and his heirs, personal representatives, successors and assigns, shall hold any and all property so conveyed or purchased, subject to all the covenants, conditions, restrictions and liens, and other provisions of these Restrictions. Article 10. Mutuality All restrictions, conditions and covenants contained herein are made for the direct mutual and reciprocal benefit of Jefferson Woods II, the Association, all Owners, and any Grantee and their heirs, successors and assigns; these Restrictions shall create mutual equitable servitudes upon the Property in favor of other real property within Jefferson Farms, these Restrictions shall create reciprocal rights and obligations between the respective Owners of all such Property and privity of contracts and estate between all Owners and Grantees thereof; and these Restrictions shall, as to the Owner of any such Property, his heirs, personal representatives, successors and assigns, operate as covenants running with the land for the benefit of all such Property and the Owners thereof. Article 11. Jefferson Farms Residents Association No later than upon the sale of all of the 198 lots in the Property, Jefferson Woods II shall cause the Association to be formed for the purpose of enforcing the restrictions set forth in these Restrictions and managing the affairs of the residents of Jefferson Farms in accordance with the provisions of the bylaws which shall govern the activities of said Association. It is understood that the Association shall be responsible for the maintenance of the entrance monuments and the protective mounding, landscaping and irrigation systems thereon, along with the maintenance of all storm water courses. Prior to the formation of said Association, Jefferson Woods II shall have those responsibilities. Article 12. Assessment: In order to carry out the purposes described in Article 11, Jefferson Woods II (until the formation of the Association) and the Association shall have the right to assess the Owner of each lot an annual Assessment and each lot Owner in the Property agrees to pay such annual Assessment. If any Assessment remains unpaid for thirty (30) days after demand for payment is made, Jefferson Woods II or the Association may file a certificate with the Recorder of Fairfield County, Ohio, setting forth the amount of such assessment and the lot or lots to which it pertains. Such amount shall be a lien against said lot or lots from the date of the filing of the certificate. The amount of the annual Assessment may be increased by vote of the Owners (not including Jefferson Woods II) of at least100 lots in the Property. TO HAVE AND TO HOLD said Property subject to all restrictions, terms, conditions, and privileges as set forth herein. IN WITNESS WHEREOF, the said Jefferson Farms Homeowners’ Association, Inc. has hereunto caused these presents to be subscribed by its Trustees, this ___ day of _______________, 2004. JEFFERSON FARMS HOMEOWNERS’ ASSOCIATION, INC. By:____________________________________ Printed Name: Jim Henderson Title: Trustee By: Printed Name: Doug McFarland Title: Trustee By: Printed Name: Gene Brinkman Title: Trustee By: Printed Name: Shelly Kirkland Title: Trustee By: Printed Name: Leslie Nelms Title: Trustee By: Printed Name: Dawn Casler Title: Trustee NOTARIES BEGIN NEXT PAGE State of Ohio County of Fairfield, ss: Before me, a Notary Public in and for said County, personally appeared the above-named Jim Henderson, a Trustee, of Jefferson Farms Homeowners’ Association, Inc., an Ohio non-profit corporation, who acknowledged the signing of the foregoing to be his voluntary act and deed on behalf of said corporation this ________ day of _________________, 2004. In Testimony Whereof, I have hereunto set my hand and affixed my official seal on said date last above mentioned. ______________________________ Notary Public State of Ohio County of Fairfield, ss: Before me, a Notary Public in and for said County, personally appeared the above-named Doug McFarland, a Trustee, of Jefferson Farms Homeowners’ Association, Inc., an Ohio non-profit corporation, who acknowledged the signing of the foregoing to be his voluntary act and deed on behalf of said corporation this ________ day of _________________, 2004. In Testimony Whereof, I have hereunto set my hand and affixed my official seal on said date last above mentioned. ______________________________ Notary Public State of Ohio County of Fairfield, ss: Before me, a Notary Public in and for said County, personally appeared the above-named Gene Brinkman, a Trustee, of Jefferson Farms Homeowners’ Association, Inc., an Ohio non-profit corporation, who acknowledged the signing of the foregoing to be his voluntary act and deed on behalf of said corporation this ________ day of _________________, 2004. In Testimony Whereof, I have hereunto set my hand and affixed my official seal on said date last above mentioned. ______________________________ Notary Public State of Ohio County of Fairfield, ss: Before me, a Notary Public in and for said County, personally appeared the above-named Shelly Kirkland, a Trustee, of Jefferson Farms Homeowners’ Association, Inc., an Ohio non-profit corporation, who acknowledged the signing of the foregoing to be her voluntary act and deed on behalf of said corporation this ________ day of _________________, 2004. In Testimony Whereof, I have hereunto set my hand and affixed my official seal on said date last above mentioned. ______________________________ Notary Public State of Ohio County of Fairfield, ss: Before me, a Notary Public in and for said County, personally appeared the above-named Leslie Nelms, a Trustee, of Jefferson Farms Homeowners’ Association, Inc., an Ohio non-profit corporation, who acknowledged the signing of the foregoing to be her voluntary act and deed on behalf of said corporation this ________ day of _________________, 2004. In Testimony Whereof, I have hereunto set my hand and affixed my official seal on said date last above mentioned. ______________________________ Notary Public State of Ohio County of Fairfield, ss: Before me, a Notary Public in and for said County, personally appeared the above-named Dawn Casler, a Trustee, of Jefferson Farms Homeowners’ Association, Inc., an Ohio non-profit corporation, who acknowledged the signing of the foregoing to be her voluntary act and deed on behalf of said corporation this ________ day of _________________, 2004. In Testimony Whereof, I have hereunto set my hand and affixed my official seal on said date last above mentioned. ______________________________ Notary Public Instrument Prepared By: Todd W. Collis, Esq., Crabbe, Brown & James, LLP, 500 South Front Street, Suite 1200, Columbus, Ohio 43215, 614-228-5511 EXHIBIT “A” Situated in the County of Fairfield, State of Ohio and in the Township of Violet: Being Lots Numbers One (1) through One Hundred Ninety-Eight (198), both inclusive of Jefferson Farms Phase One through Six, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Books 1, Slot 81, Plat Book 1, Slot 88, Plat Book 1, Slot 117, Plat Book 1, Slot 126, Plat Book 1, Slot 156, and Plat Book 1, Slot 193, Recorder’s Office, Fairfield County, Ohio.
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Jefferson Farms
Homeowners' Association, Inc.

AMENDED AND RESTATED DEED RESTRICTIONS

Background

By Warranty Deed and Deed Restrictions, dated August 25, 1088, and recorded in Deed Book 564, Page 912 of the Fairfield County, Ohio Recorder’s Office, Jefferson Woods II Development Company (“Jefferson Woods II”) imposed certain covenants, conditions and restrictions upon certain property located in Violet Township, Fairfield County, Ohio, as fully described therein (the “Deed Restrictions”).

Jefferson Farms Homeowner’s Association, Inc. was formed to enforce the restrictions set forth in the Deed Restrictions.

In pursuance of a general plan for the protection and benefit and the mutual advantage of all the Property herein described and all of the persons who may now or hereafter become Owners, and their heirs, successors and assigns, the Deed Restrictions, which are for the mutual benefit and protection of, and shall be enforceable by, all and any of the Owners or the Association (as defined herein), and their successors, heirs and assigns, are amended and restated as set forth herein, and all Owners and their successors, heirs and assigns, covenant and agree to keep and perform each of said restrictions and to hold the Property and each lot therein upon the following terms and conditions.

Covenants, Restrictions, Conditions and Assessments Lien

The Property is subject to the conditions, covenants, restrictions and lien for assessments, as set forth herein, which shall run with the land for all purposes and shall be binding upon and inure to the benefit of the Property, Jefferson Woods II, the Association, all Owners, and all Grantees, together with their respective heirs, successors and assigns.

Article 1. Definitions

Article 2. Jefferson Farms Design Control Committee

Article 3. Approval of Plans

Article 4. Land Use

Article 5. Period of Duration, Construction and Amendment

Article 6. Failure to Enforce Not a Waiver of Rights

Article 7. Constructive Notice and Acceptance

Article 8. Easements

Article 9. Rights of Mortgagee

Article 10. Mutuality

Article 11. Jefferson Farms Residents Association

Article 12. Assessment

Article 1. Definitions

Unless the context otherwise specifies or requires, and in addition to any other term defined herein, the terms defined in this Article 1 shall have the meaning specified:

1.01 Assessment: shall mean the assessment described in Article 12 hereof.

1.02 Association: shall mean the Jefferson Farms Homeowners’ Association, Inc. whether or not such group is incorporated or unincorporated.

1.03 Dwelling: shall mean and include all structures to be used for residential purposes,together with all projections and extensions thereof and accessory structures, whether or not connected or attached, including, but not limited to, garages, porches, canopies, shelters, and storage areas.

1.04 Committee: shall mean the Jefferson Farms Design Control Committee discussed in Article 2 hereof, which Committee shall consist of three members appointed by Jefferson Woods II or its successors and assigns during such period as Jefferson Woods II is the holder of record title to the fee interest in any lots in the subdivision, and shall consist of members appointed by the Association or its successors and assigns at all other times.

1.05 Improvements: shall mean and include, without limitation, buildings, outbuildings, roads, driveways, parking areas, fences, retaining walls, swimming pools, screening walls, ornamentation, signs, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, poles and all other structures and landscaping.

1.06 Grantee: shall mean Owner, and any subsequent transferee of any interest in the property, including tenants, as defined herein, together with their respective heirs, personal representatives, assigns and successors in interest.

1.07 Owner: shall mean as used herein and in the Amended Articles of Incorporation of the Association, attached hereto as Exhibit “B”, the holder of record title to the fee interest in any lot, in the Property, whether or not such title holder actually resides on or in any part of the Property.

1.08 Property: shall mean and include the following:

(1) Any and all land described in the attached Exhibit “A” and all presently existing improvements built, installed or erected thereon.

(2) From and after the building, installation or erection of each improvement upon the land described in Exhibit A, the term “Property” shall also include each such improvement.

1.09 Resident: shall mean and include:

(1) Each person lawfully residing on or in part of the Property; and
(2) Members of the immediate family of each such person actually living in the same household with such person.

1.10 Restrictions: shall mean these covenants, restrictions, conditions and assessments together with all of the provisions contained herein as they now appear or as they may hereafter be amended.

Article 2. Jefferson Farms Design Control Committee

2.01 Purposes: Jefferson Woods II shall establish the Jefferson Farms Design Control Committee (the “Committee”) for the following purposes:

(a) to provide a committee of persons for reviewing, evaluating, approving and disapproving proposed plans.

(b) to establish, maintain and preserve specific architectural guidelines and standards to carry out the intent of these Restrictions, which guidelines and standards from time to time in effect with respect to all or any portion of the Property shall hereinafter be referred to as the “Jefferson Farms Design Standards.”

(c) to enforce the provisions of these Restrictions when requested on behalf of Jefferson Woods II or the Association and its successors and assigns.

2.02 Committee, Responsibilities; Effect of Actions: The Committee shall exercise its best judgment to see that all Improvements on the Property conform to Jefferson Farms Design Standards as to external design, quality and types of construction, materials, colors, setting, height; grade, finished ground elevations, landscape and tree removal. The actions of the Committee, through its approval or disapproval of plans and other information submitted pursuant hereto, shall be conclusive and binding on all interested parties.

Article 3. Approval of Plans

3.01 Requirement of Approval: No Improvements, change, construction, addition, excavation, landscaping, tree removal, or other work or action which in any way alters the exterior appearance of the Property from its theretofore natural or improved state (and no change, alteration or other modification of any of the foregoing previously approved hereunder), and no addition to or modification of any Improvement or landscaping (whether or not theretofore approved hereunder), shall be commenced or continued until the same shall have first been approved in writing by the Committee in accordance with Jefferson Farms Design Standards. Approval shall be required by submission to the Committee of plans and specifications, in duplicate, showing the following:

(a) All buildings, and other Improvements, access drives, and other improved areas, and the locations thereof on the site;

(b) All landscaping; including existing and proposed tree locations and planting areas (and species thereof), mail boxes, and exterior ornamentation; landscaping shall be accomplished as part of the construction.

(c) Plans for all elevations, including projections and wing-walls specifying the use of wood windows throughout all homes; and

(d) Exterior lighting plans;

(e) Walls, fencing, and screening;

(f) Patios, decks, pools, and porches;

(g) Signs and parking areas;

(h) Samples of materials to be used to the extent requested by the Committee; and

(i) Such other information, data, and drawings as may be reasonably requested by the Committee.

All homes constructed in the Jefferson Farms subdivision shall have not less than a two car garage with the overhead door. The exterior materials used in all homes shall be limited to brick, stone, cedar, stucco, embossed vinyl “premium” panel siding of 0.044" thickness, and either embossed insulated aluminum panels of 0.019" thickness or greater, or embossed 29 gauge steel panels for exterior siding. The recommended manufacturer is “Alside”, and if another manufacturer is used, the product has to be of the same quality as the “Alside” products. Soffits, facia and trim may be constructed of the same heavy grade vinyl or heavy grade aluminum described in the previous sentence or other wood materials available in the marketplace. All other aluminum or vinyl products will have to be individually approved by the Design Control Committee (samples of these products must be provided by the builder or the owner to the Design Control Committee).

There shall also be a design for mail box construction and driveway light fixture, manufacturer and model number furnished by the developers, which shall be used for every dwelling constructed in Jefferson Farms subdivision.

Specifications shall describe types of construction and exterior materials to be used, including, without limitation, the colors and manufacturers thereof, and shall otherwise be prepared according to the Jefferson Farms Design Standards. No split-level or bi-level dwellings shall be permitted on any of the lots in the Property.

3.02 Basis of Approval: Approval shall be based among other things, upon conformity and harmony of the proposed plans with Jefferson Farms Design Standards and other structures in the Property, the effect of the location and use of improvements on neighboring property; and conformity of the plans and specifications to the purpose and general intent of these Restrictions.

3.03 Failure to Approve or Disapprove: If the Committee fails either to approve or disapprove such plans and specifications within thirty (30) calendar days after the same have been delivered to the Committee either personally or by certified mail, it shall be presumed that the Committee has approved said plans and specifications. Upon written request the Committee shall issue a certificate indicating its approval of the plans and specifications as provided therein.

3.04 Liability Relating to Approvals: Neither Jefferson Woods II, the Committee, nor any member thereof, nor any of their respective heirs, personal representatives, successors or assigns, shall be liable to anyone submitting plans for approval by reason of mistakes in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person and entity who submits plans to the Committee agrees, by submission of such plans, that he or it will not bring any action or suit against the Committee or Jefferson Woods II to act or to recover any damages.

3.05 Requirement of Completion ; Notice of Completion, Non-Completion or Non-Compliance: An Owner shall cause any Improvement in the Property to be diligently pursued to completion by such date which is six (6) months after the date construction was commenced unless the Committee gives a written extension for due cause. Upon the completion of any Improvement in the Property, the person or entity who completed the same may file with the Committee a written notice of completion and compliance which shall give rise to a conclusive presumption in favor of such person or entity or any Owner and any encumbrancer’s acting in good faith and for value that said Improvement is completed and in compliance with all provisions of this Article 3, unless within thirty (30) days of said filing of the Committee gives actual notice of non-compliance or non-completion. Notice of non-compliance or non-completion will be considered to be delivered when it is posted on or about the improvement in question. In the event any Improvement in the Property is, by virtue of this 3.05, conclusively presumed to be completed and in compliance with all provisions of this Article 3, such person or entity and any such Owner and any such encumbrancers may at any time request in writing that the Committee issue a certificate certifying that said Improvement is completed and in compliance with all provisions of this Article 3, which certificate shall be issued by the Committee within fifteen (15) days of its receipt of written request therefore.

Article 4. Land Use.

4.01 Restrictions as to Use of Lots and Size and Height of Buildings: All 198 lots of the Property, as shown on the recorded plat, referred to as Exhibit A to this Deed, shall be used for single family residential purposes only. A “professional” office is permitted within any single family residence, however no signage may be erected to identify such office function.

All dwellings constructed on the Property shall have a minimum floor area, exclusive of basements, attics, garages, garage spaces, porches and decks, of 2,000 square feet of heated living area. The maximum height of any home shall be 35' from the grade at the front door to the highest point of the roof ridge.

4.02 Temporary Improvements: No temporary building or structures shall be permitted on any lot in the Property; provided, however, trailers, temporary buildings, barricades and the like shall be permitted for construction purposes during the construction period of a permanent dwelling.

4.03 Antennas: No antenna for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained on the Property outside any building, whether attached to an Improvement or otherwise, without the prior written approval of the Committee.

Only dish-type antennas less than or equal to 24 inches in diameter will be considered for approval. Only one dish will be allowable per lot, and the dish must be of earth tone colors (grey, brown, or green). Plans for installation must include installation in a location not readily visible from the street, and landscaping to hide the installation if at ground level. All plans must be submitted to and approved by the Committee prior to installation.

4.04 Utility Service: No lines, wires or other devices for communication purposes, including telephone, television, data and radio signals, or for transmission of electric current or energy, shall be constructed, placed or maintained anywhere in or upon the Property unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on dwellings provided above ground, and other electrical transformers and/or equipment may be permitted if properly screened and approved by the Committee. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission shall also be placed underground or within or under dwellings. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved Improvements.

4.05 Site Placement: All buildings and other Improvements shall be placed so that the existing topography and landscape shall be disturbed as little as possible, and so that the maximum number of desirable trees and other natural features will be preserved, unless the Committee approves in writing some other placement.

4.06 Parking, Loading and Unloading Areas: Adequate off-street parking must be provided for all residential units in the Property. All dwellings must provide at least a two-car garage, plus additional off-street parking for at least two cars. As used herein, “car” shall mean a full-sized automobile, as opposed to a compact or subcompact automobile.

4.07 Service Screening, Storage Areas: Garbage and refuse shall be placed in containers, which shall be concealed and contained within dwellings, or shall be concealed by means of a screening wall of material similar to and compatible with that of the dwelling lot, or shall be concealed by sufficient landscaping to provide a permanent screen at all times of the year. Unless specifically approved by the Committee in writing, no materials, supplies or equipment shall be stored on the Property except inside a dwelling, or behind a visual barrier screening such areas so that they are not visible from neighboring streets or properties. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Each unimproved lot owner shall maintain his respective lot by mowing same at least four times a each year, once during the month of April, and once during the months of June, August, and October. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain on said premises and no unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. Small vegetable gardens, not exceed 100 square feet in area per lot, are allowed but must be placed in the yard such that they are not readily visible from the street in front of the house, and may not be placed in areas that interfere with drainage. Decorative plantings or landscaping are recommended to diminish visibility of garden plantings and vegetable gardens must be maintained so as not to become unsightly.

4.08 Streets, Drives, Surface Drainage Swails, and Walks: Streets, drives, surface drainage swails, and walks shall be constructed or altered only in accordance with plans and specifications submitted to and approved in writing by the Committee.

4.09 Storage Tanks: No storage tanks, including, but not limited to, those used for storage of water, gasoline, oil, other liquid or any gas, shall be permitted on the Property outside a dwelling except as approved by the Committee.

4.10 Dwelling Exterior: All windows, porches, balconies, and the exterior of dwellings shall at all times be maintained in a neat and orderly manner. No clotheslines or other outside drying or airing facilities shall be permitted.

4.11 Hobbies: Hobbies or activities that tend to detract from the aesthetic character of the Property, and Improvements used in connection with such hobbies or activities, shall not be permitted unless carried out or conducted as directed by the Committee. This paragraph has reference to, but is not limited to, such activities as automotive and boat repair, and sport activities involving equipment placed on the Property.

4.12 Exterior Materials and Colors: Finish building materials shall be applied to all sides of the exteriors of all Improvements. Colors shall be harmonious and compatible with colors of the natural surrounding and other adjacent dwellings. The Committee shall have the sole right to approve or disapprove materials and colors so controlled.

4.13 Signs: No signs whatsoever (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on the Property except:

1. Such signs as may be required by law.

2. Such signs as may be approved by the Committee, meeting the sign requirements contained in the Jefferson Farms Design Standards.

3. One professional sign of not more than five (5) square feet per side, advertising the property for sale or rent, or signs used by the builder to advertise his/her firm during the construction and sales period.

4.14. Landscaping: The Property, including any land which shall have been altered from its natural state existing at the time of this Deed, shall be landscaped according to plans approved by the Committee. All shrubs, trees, grass and plantings of every kind shall be kept well maintained, properly cultivated and free of trash and other unsightly materials.

4.15 Nuisances: No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property and no odors shall be permitted to arise or be emitted therefrom so as to render any portion of the Property unsanitary, unsightly, offensive or detrimental to any of the remainder of the Property or to the occupants thereof.

4.16 Maintenance of Lots and Buildings: No lot and no dwelling or other Improvement shall be permitted to become overgrown, unsightly or to fall into disrepair and all dwellings and Improvements shall at all times be kept in good condition and repair and adequately painted or otherwise finished in accordance with specifications established by the Committee. Each Owner, for himself and his successors and assigns, hereby grants to Jefferson Woods II and the Association, jointly and severally, the right to make any necessary alterations, repairs or maintenance approved by the Committee to carry out the intent of this provision and they further agree to reimburse Jefferson Woods II or the Association for any expenses actually incurred in carrying out the foregoing.

4.17 Right of Entry Upon Lot: Jefferson Woods II and the Association, and their respective representatives, shall have the right, during reasonable hours with prior written notice, to enter upon and inspect the exterior of the Property and any Improvements, whether prior to, during, or after the completion of, any construction of any Improvements, for purposes of determining whether or not the provisions of these Restrictions are being complied with.

4.18 Mineral Exploration: The Property shall not be used in any manner to explore for, use, or exploit commercially any water, oil or other hydrocarbons, minerals of any kind, gravel, earth, soil, or any other substance located in or under the ground. Water wells are permitted for household, lawn and landscape use.

4.19 Machinery and Equipment: No commercial machinery or equipment of any kind shall be placed, operated or maintained on the Property except such machinery or equipment reasonably necessary for use in connection with the maintenance or construction of Improvements as approved by the Committee.

4.20 Swimming Pools: No “above grade” swimming pools shall be permitted to be constructed and/or maintained on the Property or any lot therein. Swimming pools “below grade” are permitted, however the location of any such swimming pool must be identified on the “landscape plan” which is submitted to the Design Control Committee for its approval. All governmental regulations regarding fencing and maintenance will be strictly enforced by the Committee and appropriate authorities.

4.21 Vehicles, Trailers, Boats, Commercial Vehicles, or Motor Homes: No automobile or motor driven vehicle may be left upon the Property for a period longer than five (5) days in a condition such that it is incapable of being operated upon the public highways. After such time the vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and must be removed from Jefferson Farms. Any towed vehicle, boat, motor home or mobile home regularly stored upon any residential tract, or temporarily kept thereon for a period longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from Jefferson Farms. The foregoing, however, does not apply to such boats or other vehicles, whether motor-driven or towed, as are stored wholly within a private garage or designated trailer storage area. No commercial vehicles may be parked, stored or temporarily kept on the Property, except when stored wholly within private garages, or except when there temporarily to service existing Improvements or to be used in connection with the construction of Improvements on the Property.

4.22 Animals: No animals, birds, insects, live stock or poultry of any kind shall be raised, bred, or kept on the Property except dogs, cats and other household pets which are kept for domestic purposes only, and are not kept, bred, or maintained for any commercial purpose. No more than two (2) dogs and two (2) cats may be kept on any lot or in any dwelling on any lot except when such dogs or cats in excess of such numbers are less than three (3) months of age.

4.23 Removal of Trees: In order that the natural beauty of the Property may be preserved, no living tree having a caliper measurement or diameter of four (4) inches or more shall be destroyed or removed from the Property unless approved by the Committee in connection with its approval of the plans and specifications for the construction of Improvements on the Property or otherwise with the prior express written consent of the Committee.

4.24 Drainage and Grading: No other ditches, cuts, swales, streams, impounds, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical improvements or elements of the landscape or terrain which control or determine the location or flow of surface water and drainage patterns may be destroyed, altered or modified by or at the direction or with the consent of any Owner without the prior written consent of the Committee. No Improvements to the Property shall be made in any manner whatsoever that is inconsistent with the grading plans established by Jefferson Woods II or its successors or assigns for the Property, as they now exist or may hereafter be modified from time to time, without the prior written consent of the Committee.

Any lot conveyed by Jefferson Woods II to another party, upon which construction of a building has not been commenced within six months after the date of such conveyance, must be seeded or sodded by the Owner thereof and thereafter maintained by such Owner until such construction is commenced, so that it will be neat and attractive in appearance. Upon the failure of any Owner to comply with this requirement, the Owner of any other lot in the Property shall have the right to enter upon the lot of the defaulting Owner and seed or sod the same and thereafter maintain it. The defaulting Owner shall be liable for the cost of such seeding, sodding and maintenance, plus interest at 12% per annum thereon for the cost of such seeding, sodding and maintenance.

4.25 No fences shall be permitted on any lot except:

1) A split rail fence, not to exceed three and one-half (3-1/2) feet in height. A black welded wire mesh fence, no part of which may extend above the highest rail in the split rail fence, may be installed behind (i.e., on the internal side of the split rail fence.

2) A fence made from either extruded aluminum or composite materials (no maintenance) having the appearance of wrought iron. Said fencing must be black in color and be no more than four (4) feet in height.

Notwithstanding the foregoing, fencing required by applicable governmental regulations may be installed around in-ground swimming pools or around tennis courts, provided that the style and type of such fencing is approved by the Committee. All fencing shall adhere to all applicable local codes and statutes. No fencing shall be installed to extend forward of (toward the street) the horizontal line of the back of the house.

4.26 No structure or improvements of any kind, including sheds, fences, flower beds, rock gardens and trees, but excluding grass and approved bank protection, shall be erected, planted or permitted to remain within the easement provided for a drainage course on the subject Property.

4.27 No Owner shall take or permit to be taken any action that might change, alter or divert the flow of the drainage course, nor shall, within the easement provided, alter the ground level or the course of the surface water flow as shown on the construction plans on file with Fairfield County. An Owner may, on securing permission from the Fairfield County Engineer, riprap, wall or otherwise protect the stream on his lot. All Owners shall be responsible for maintaining all storm water drainage swails adjacent to their property boundaries and lawn (grass) therein.

4.28 Every Owner along any drainage course shall maintain the portion of the drainage course in his property and keep the same free from debris and obstructions of all kind. The County shall be free of any liability toward maintaining the drainage course or channel and be under no obligation to maintain or repair the drainage.

4.29 Jefferson Woods II and/or the Association shall be responsible for the installation of entry monuments for the subdivision on the two lots adjacent to the intersection of Pickerington Road and Spring Hill Drive, and hereby reserve the right to enter in, on, upon and/or over said lots for the purpose of installation of said monuments. The shape, style and/or design of said monuments shall be within the sole discretion of Jefferson Woods II and/or the Association and said Jefferson Woods II and/or Association further reserve the right in the future to enter in, upon, on and/or over said lots for the purpose of continuing maintenance, repair and/or replacement of said monuments.

4.30 No lot in the Property shall hereafter be subdivided into additional lots.

4.31 Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.

4.32 No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the public health authorities having jurisdiction. Approval of such system as installed shall be obtained from such authority, prior to operation of said system.

4.33 All driveway approaches from the street to the front lot line shall be installed prior to commencement of construction of or excavation for the dwelling.

4.34 No house may be erected on any lot in the Property unless there is installed in conjunction therewith an outside yard light of either gas or electric power. Such light shall be located in accordance with specifications established by Jefferson Woods II or the Association. The Owner of the aforementioned light shall keep the same in good repair and working condition at all times.

Article 5. Period of Duration, Construction and Amendment

These reservations, restrictions, conditions, easements, charges, agreements, covenants, obligations, rights and uses and provisions shall bind all Owners and all Grantees, their heirs, successors and assigns and shall be considered covenants running with the land until the first day of January, 2015, after which time said covenants shall automatically be extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then Owners of the lots in the Property has been recorded, agreeing to change said covenants in whole or in part. In addition, these Restrictions shall be construed toward their strict enforcement whenever reasonably necessary to insure uniformity and harmony of plan, development and use of said subdivision, and if necessary they shall be so extended and enlarged by reasonable implication as to make them fully effective to accomplish such purposes. The reasonable construction placed upon them by Jefferson Woods II, or the Association, in good faith shall be final and binding as to all Owners, persons and property benefited or bound thereby. The invalidity of any provision, requirement, term, condition, restriction, agreement, covenant, obligation or charge, or any part thereof, shall not affect those remaining or the parts thereof, nor shall any failure by Jefferson Woods II, or the Association, however long continued (except in case of a specific waiver thereof), to object to any breach of or to enforce any provisions whatever, which are contained herein, shall be deemed a waiver of a right so to do thereafter, as to the same breach or as to one occuring prior or subsequent thereto.

These Restrictions may be amended by the affirmative vote of at least 100 of the 198 lot owners in the Property.

Article 6. Failure to Enforce Not a Waiver of Rights

With the exception of the time limit for action by the Committee contained in Article 3, above, failure of the Committee, Jefferson Woods II, the Association or any Owner, to enforce any of these Restrictions shall in no way be deemed a waiver of the right to do so thereafter or the right to enforce any other of these Restrictions.

Article 7. Constructive Notice and Acceptance

Every person or entity who now or hereafter owns or acquires any rights, title or estate in any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein and all provisions in any Exhibit hereto whether or not a reference to these Restrictions is contained in the instrument by which such person acquired an interest in said Property.

Article 8. Easements

Grantee and Grantee’s heirs, successors and assigns hereby agree to grant utility easements for the purpose of constructing utility lines and/or cable transmission reception facilities lines over or through the Property. Jefferson Woods II, or the Association, shall present to Grantee, or Grantee’s heirs, successors and assigns, a survey of any proposed easement which shall be subject to approval, and which approval Grantee and Grantee’s heirs, successors and assigns agree will not be unreasonably withheld. Subject to the aforesaid approval, Grantee and Grantee’s heirs, successors and assigns agree to execute all appropriate papers and documents to accomplish the foregoing.

Article 9. Rights of Mortgagee

All provisions of these Restrictions, including the provisions hereof respecting liens and charges against the Property, shall be deemed subject and subordinate to the lien of all recorded first mortgages, now or hereafter executed, and none of these Restrictions shall supersede or in any way reduce the security or affect the validity of such mortgage; provided, however, that if any portion of said Property is sold or conveyed under a foreclosure or other enforcement of any mortgage, any grantee or purchaser at such sale, and his heirs, personal representatives, successors and assigns, shall hold any and all property so conveyed or purchased, subject to all the covenants, conditions, restrictions and liens, and other provisions of these Restrictions.

Article 10. Mutuality

All restrictions, conditions and covenants contained herein are made for the direct mutual and reciprocal benefit of Jefferson Woods II, the Association, all Owners, and any Grantee and their heirs, successors and assigns; these Restrictions shall create mutual equitable servitudes upon the Property in favor of other real property within Jefferson Farms, these Restrictions shall create reciprocal rights and obligations between the respective Owners of all such Property and privity of contracts and estate between all Owners and Grantees thereof; and these Restrictions shall, as to the Owner of any such Property, his heirs, personal representatives, successors and assigns, operate as covenants running with the land for the benefit of all such Property and the Owners thereof.

Article 11. Jefferson Farms Residents Association

No later than upon the sale of all of the 198 lots in the Property, Jefferson Woods II shall cause the Association to be formed for the purpose of enforcing the restrictions set forth in these Restrictions and managing the affairs of the residents of Jefferson Farms in accordance with the provisions of the bylaws which shall govern the activities of said Association. It is understood that the Association shall be responsible for the maintenance of the entrance monuments and the protective mounding, landscaping and irrigation systems thereon, along with the maintenance of all storm water courses. Prior to the formation of said Association, Jefferson Woods II shall have those responsibilities.

Article 12. Assessment:

In order to carry out the purposes described in Article 11, Jefferson Woods II (until the formation of the Association) and the Association shall have the right to assess the Owner of each lot an annual Assessment and each lot Owner in the Property agrees to pay such annual Assessment. If any Assessment remains unpaid for thirty (30) days after demand for payment is made, Jefferson Woods II or the Association may file a certificate with the Recorder of Fairfield County, Ohio, setting forth the amount of such assessment and the lot or lots to which it pertains. Such amount shall be a lien against said lot or lots from the date of the filing of the certificate. The amount of the annual Assessment may be increased by vote of the Owners (not including Jefferson Woods II) of at least100 lots in the Property.

TO HAVE AND TO HOLD said Property subject to all restrictions, terms, conditions, and privileges as set forth herein.

IN WITNESS WHEREOF, the said Jefferson Farms Homeowners’ Association, Inc. has hereunto caused these presents to be subscribed by its Trustees, this ___ day of _______________, 2004.

JEFFERSON FARMS HOMEOWNERS’

ASSOCIATION, INC.

By:____________________________________

Printed Name: Jim Henderson

Title: Trustee

By:

Printed Name: Doug McFarland

Title: Trustee

By:

Printed Name: Gene Brinkman

Title: Trustee

By:

Printed Name: Shelly Kirkland

Title: Trustee

By:

Printed Name: Leslie Nelms

Title: Trustee

By:

Printed Name: Dawn Casler

Title: Trustee

NOTARIES BEGIN NEXT PAGE

State of Ohio

County of Fairfield, ss:

Before me, a Notary Public in and for said County, personally appeared the above-named Jim Henderson, a Trustee, of Jefferson Farms Homeowners’ Association, Inc., an Ohio non-profit corporation, who acknowledged the signing of the foregoing to be his voluntary act and deed on behalf of said corporation this ________ day of _________________, 2004.