IN THE RECORDER'S OFFICE: GREENE COUNTY MO DATED: October 6, 1970;
FILED: October 6, 1970 4:39.6PM Book 1529, Page 2345

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS DECLARATION, made and entered into this 6 day of October, 1970, by the Lakewood Development Company, a Missouri Corporation, hereinafter referred to as "DECLARANT" WITNESSETH: WHEREAS, declarant is the owner of that certain described property in the City of Springfield, Greene County, Missouri, which is described as: Al of Lakewood Village Unit Two, according to the recorded plat thereof, in the City of Springfield, Greene County, Missouri.
NOW, THEREFORE, Declarant hereby states that all of the properties described above, shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and shall be covenants-running with the land, and be binding on all parties having any right, title or interest in the described properties, or any part thereof, their heirs, successors, personal representatives and assigns, and shall inure to the benefit of each owner thereof.

COVENANTS, CONDITIONS AND RESTRICTIONS

ARTICLE I

DEFINITION

Section .1 "Association" shall mean and refer to the LAKEWOOD VILLAGE PROPERTY OWNERS ASSOCIATION, INC., its successors and assigns.

Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any platted lot or to any townhouse space, or other legal fee which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. "Properties" shall mean and refer to that certain real property hereinafter described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4. "Common Areas shall mean all real property owned by the Association for the common use and enjoyment of the owners. The common area to be owned by the Association at the time of conveyance of the first property interest is described as follows:

All of the "Open space" and "community club" area as shown on the plat of Lakewood Village Unit Two according to the recorded Plat thereof in the City of Springfield, Greene County, Missouri.

Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded plat of Lakewood Village, with the exception of the common area and townhouse area, and having an identifying number.

Section 6. "Declarant" shall mean and refer to the Lakewood Development Company, a Missouri corporation, its successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the declarant for the purpose of development.

Section .7 "Townhouse Owners" shall refer to those persons or entities owning one of the townhouse dwelling units.

Section 8. "Unit" shall refer to each individual lot, patio court lot or individual townhouse family dwelling space.

ARTICLE II

PROPERTY RIGHTS

Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with title to every lot or property interest, subject to the following provisions:

(a) The right to the Association to charge reasonable admission and other fees to guests of Association members for the use of any recreation facility situated upon the common area; however, this shall in no way authorize any commercial use to non-members;

( b ) The right of the Association to suspend voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against a lot or property interest remains unpaid; and of a period not to exceed sixty (60) days for any infraction of its published rules and regulations;

(c) The right of the Association to dedicate or transfer all or any part of the common area
to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the membership agreeing to such dedication or transfer has been recorded.

(d) The right of individual townhouse owners to the exclusive use of parking spaces as provided in this Article. Ownership of a townhouse area shall entitle the owners thereof to the use of not more than two (2) automobile parking spaces, which shall be as near and convenient to said units as reasonably possible, together with the right of ingress and egress in and upon said parking area. The Association shall permanently assign two (2) automobile parking spaces for each townhouse dwelling unit; and

(e) The designated common areas as indicated on the plat of Lakewood Village Unit Two are not dedicated for the use by the general public but are reserved to the common use and enjoyment of the members of the Lakewood Village Property Owners Association. Fee title to any lot described as bounded by any street, lane, walkway or other common area which has not been dedicated to and accepted by the public and the fee title to any lot or townhouse unit shown on the recorded plat of Lakewood Village Unit Two as abutting upon any such common area shall not extend upon such common area and fee title to such common area is reserved to the declarant to be conveyed to the Lakewood Village Property Owners Association, Inc., for the common enjoyment of al the residents in Lakewood Village Unit Two, or any subsequent additions or expansions thereof.

Section 2 Delegation of Use. Any owner of any individual unit may delegate, in accordance with the By-Laws of the Lakewood Village Property Owners Association, Inc., his right of enjoyment to the common areas and facilities to the members of his family, his tenants or contract purchasers who reside on the property.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

Section 1. Every owner of a property interest which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any property interest which is subject to assessment.

Section 2. The Association shall have two (2) classes of voting membership as follows:
CLASS A: Class A members shall be all owners with the exception of owners of single-family detached residences, owners of patio court houses, and with the exception of declarant, and shall be entitled to one (1) vote for each unit owned. If more than one person holds an interest in any unit, all such persons shall be members. The vote for such unit shall be exercised as they among themselves shall determine, but in no event shall more than one vote be cast with respect to any individual unit.
CLASS AB: Class AB members shall qualify in all respects as Class A members, except that this designation is to be applied to all members owning single-family dwellings or patio court houses, and as such shall not be entitled to cast a vote in matters or affairs pertaining to exterior maintenance of townhouses.

ARTICLE IV

MAINTENANCE ASSESSMENT
(Only Class A memberships currently apply)

Section 1. Creation of Lien and Personal Obligation of Assessments.
The Declarant, for each unit owned within the properties, hereby covenants, and each owner of any unit by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments, to be established and collected as hereinafter provided, such annual and special assessments, together with interest, costs and reasonable attorney's fees, shall also be a charge on the building unit and shall be a continuing lien upon such unit against which any such assessment is made. Each such assessment together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such unit at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to successors in title unless expressly assumed by them.
EXEMPT PROPERTY. All property dedicated to, and accepted by local public authority, and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Missouri shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling used shall be exempt from said assessment.

Section 2. Purpose of Assessments
The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the properties and for the improvement and maintenance of the common areas and of the dwelling units situated upon the property. The Association shall provide exterior maintenance upon each townhouse unit which is subject to assessment hereunder. As follows: Paint, repair, replaces and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks, and other exterior improvements. Such exterior maintenance shall not include glass or patio surfaces.
In the event the need for maintenance or repair shall be added to and become a part of the assessment to which such owner or dwelling unit is subject. In the event an Owner of any dwelling unit in the properties shall fail to maintain the premises and improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approved by two-thirds (2/3) vote of the Board of Directors, shall have the right through its agents and employees, to enter upon said parcel and repair, maintain, and restore the lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such dwelling unit is subject.

Section 3. Maximum Annual Assessment
Until January 1, of the year immediately following the conveyance of the first lot or building unit to an owner, the maximum annual assessment shall be One Hundred Eighty Dollars ($180.00) per building unit for Class A membership owners; and One Hundred Twenty Dollars ($120.00) for Class AB members.
(a) From and after January 1, of the year immediately following the conveyance of the first lot by declarant to an owner, the maximum annual assessment may be increased each year not more than three percent (3%) above the maximum assessment for the previous year without a vote of the membership.

(b) From and after January 1, of the year immediately following the conveyance of the first lot by declarant to an owner, the maximum annual assessment may be increased above assessment may be increased above three percent (3%) by a vote of two-third (2/3) of the
membership attending such meeting either in person or by proxy which said meeting shall be duly called for this purpose
(c) The Board of Directors shall fix the annual assessment at an amount not in excess of the maximum unless so directed by the membership as herein provided.

Section 4. Special Assessments for Capital Improvements
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto: provided, however, that any such assessment shall have the assent of two-thirds (2/3) of the votes of the membership both voting in person or by proxy at a meeting duly called for this purpose.

Section 5. Notice and Quorum for any actions authorized under Sections Three and Four
Written notice of any meeting called for the purpose of any action authorized under Sections Three or Four shall be sent to the members at their address in the Development by regular mail not less than thirty (30) days or more than sixty (60) days in advance of the meeting. At the first such meeting called the presence of members or of proxies entitled to cast sixty percent (60) of al of the votes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and the quorum at the subsequent meeting shall be one-half (1⁄2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 6. Uniform Rate of Assessment
Both annual and special assessments must be fixed at a uniform rate for all units of a similar nature and may be collected on a monthly basis.

Section 7. Date of Commencement of Annual Assessments, Due Dates
The annual assessments provided for herein shall commence as to all Units on the first day of the month following the conveyance of the common area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year.
In accordance with the By-Laws of the corporation the Board of Directors shall fix the amount of the annual assessment against each building unit and if the assessment rate is changed each such owner shall receive written notice mailed to said owner by ordinary mail at least thirty (30) days in advance of the annual assessment period. In the event that the annual assessment is not changed it shall remain as it was on the previous year and shall so remain until changed by the Board of Directors in accordance with the By-Laws of the Association. The annual assessment period shall be a regular calendar year and arrangements may be made to pay same on a monthly basis; however, if direct written authority to pay same on a monthly basis is not given by the Board of Directors, then the annual assessment shall be due on or before the first day of March in each calendar year or as the Board of Directors may otherwise direct, and if such other date is established written notice thereof shall be mailed to each owner. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth, whether the assessment on a specified building unit has been paid.

Section 8. Effect of Non-Payment of Assessments: Remedies of the Association
Any assessment not paid within thirty (30) days after the due date (unless arrangements to pay monthly have been made with the Board of Directors as herein above provided) shall bear interest from the due date at the rate of eight percent (8%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common areas or abandonment of a lot or individual building unit.

Section 9. Subordination ofLien of Mortgages
The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any lot or individual building unit shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure of a first mortgage, or any proceeding in lien of thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot or any building unit from liability for any assessment thereafter becoming due or from the lien thereof.

ARTICLE V ARCHITECTURAL CONTROL

No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior additions to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated architectural committee fails to approve or disapproves such design and location within thirty (30) days after such plans and specifications have been submitted to it, approval wil not be required and this Article wil be deemed to have been complied with fully.

ARTICLE VI GENERAL PROVISIONS

If any person shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for the Association, any owner, or the City of Springfield, Missouri, by and through its duly constituted agents upon express directive of its legislative body, to prosecute any proceedings at law and in equity against the person or persons violating or attempting to violate any such covenant or restriction, either to prevent such violation or to recover damages for such violation. Failure to enforce any restrictions, conditions, covenants or agreements herein contained shall in no way be deemed waiver of the right to dos o thereafter as to the same branch one occurring prior or subsequent thereto.

Section 2. Severability
If any provisions of these covenants or restrictions shall be held invalid by a judgment or court order, the remainder of the provisions other than those which have been held invalid shall not be affected thereby and shall remain in full force and effect.

Section 3. Amendment
The covenants and restrictions of this declaration shall run with the land and shall be binding on all parties and al persons claiming under them until January 1, 2000, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless, by the vote of a majority of the then owners of the lots and building units in the platted area, it is agreed to change said covenants and restrictions in whole or in part, so long as such changes are approved by the City of Springfield, Missouri. Any such change in the provision of these restrictions shall be evidence by the recording in a proper office of record of an instrument in writing executed by a majority of the then owners of the lots and building units in the platted area, stipulating what said changes are.

Section 4. Annexation
Additional residential property and common area may be annexed to the properties with the consent of two-thirds (2/3) of the membership of the Association, and of the City of Springfield, Missouri.

Section 5. FHA Approval
As long as there is a Class B membership, the following action shall require the prior approval of the Federal Housing Administration: annexation of additional properties, dedication of common area, and amendment of this Declaration.

IN WITNESS THEREOF, the undersigned, being the Declarant herein, has, by authority of its Board of Directors, set its hand and seal this 6' day of October, 1970.

Lakewood Development Company
By: Fred R. Morriset Sr., President

(CS)
Attest: Leland C. Bussell, Secretary
"DECLARANT"
STATE OF MISSOURI
COUNTY OF GREENE
) SS

Before me, the undersigned Notary Public on this 6* day of October, 1970 did personally appear Fred R. Morriset, Sr., to me known to be the person who on behalf of Lakewood Development Company a Missouri Corporation, as President thereof, and being duly sworn did acknowledge that he executed said instrument as the free act and deed of said corporation in accordance with the authority vested in him under the Articles of Incorporation, By-Laws, and Board of Directors of said corporation.
IN WITNESS WHEREOF, I have here unto set my hand and seal on the day and date last above written.

Joel R. Jordon Notary Public
(LS)
My commission expires: 3/16/74

ADDENDUM NUMBER ONE (1) Declaration of Use Restriction
The undersigned, Lakewood Development Company, a Missouri corporation, being the owner of the land platted as LAKEWOOD VILLAGE UNIT TWO, According to the recorded plat thereof, in the City of Springfield, Greene County, Missouri, states that the following restrictions are to run with the land as covenants and shall be binding on all parties and all persons claiming under it until January I, 1990, at which time said restrictions shall be automatically extended for successive periods of ten (10) years, unless, by the vote of a majority of the then owners of the lots and building units in Lakewood Village Unit Two, ti is agreed to change said restrictions in whole or in part, so long as such changes are approved by the City of Springfield, Missouri. Any change in the provisions of these restrictions shall be evidenced by recording in the proper office of the Recorder of Deeds in Springfield, Greene County, Missouri, executed by a majority of the then owners of the lots and building units in the subdivision stipulating what said changes are.

The use restrictions governing this property are as follows:

1. With the exception of Block "A" none of the lots in the subdivision may be improved, used or occupied for other than private residence purposes and any residence erected or maintained on any lot shall be designated and used for occupancy by a single family.
2. No animals, livestock or poultry of any kind shall be raised or kept on any lot except dogs, cats or household pets may be kept, provided they are not kept, fed or used for any commercial purpose; and provided further, that such pets be kept so as not to become a nuisance to or endanger the property or persons in the subdivision.
3. No trucks or commercial vehicles, boats or other similar waterborne vehicles, house trailers, boat trailers, trailers of every other description, campers or camping units shall be permitted to be parked or to be stored on any lot unless they are parked or stored in an enclosed garage or in such other enclosures as approved by the Architectural Control Committee except only during periods of approved construction on the lot. This prohibition against parking shall not apply to temporary parking of trucks and commercial vehicles; such as for pick-up, delivery and other commercial services.
4. Without the prior approval in writing of the Architectural Control Committee, no fences shall be erected at any time between the front of any dwelling and the street or at the back of any dwelling to the property line.
5. No noxious or offensive trade, activity or condition shall be carried on or allowed to exist upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
6. No building, garage, shed, fence, culvert, wall or other structure or improvement of
any kind, nor any addition thereto shall be commenced upon or placed upon any lot until the plans and specifications for said improvement, including the location of said improvement on a particular lot, shall have been submitted to and approved by the Architectural Control Committee. After such plans and specifications a r e approved, such building or improvements shall be constructed in strict conformity with the plans and specifications so approved. In the event that the Architectural Control Committee shall not approve or reject or make objection to plans as submitted within a period of thirty (30) days after such submission, then the plans and specifications shall be deemed to have been approved.
7. No residence shall be permitted to stand with its exterior in an unfinished condition for longer than five (5) months after commencement of construction. In the event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than three (3) months. No residence shall be occupied until the exterior shall have been completed, nor until the landscaping shall have been completed or other arrangements for completion shall have been approved by the Architectural Control Committee.
8. All lots shall be subject to easements for public utility installations and maintenance, including sewer lines, water lines, power lines and other public improvements. Such utility easements shall be as designated on the plat of Lakewood Village Unit Two.
9. All lots in the subdivision must be maintained at regular grade, no lot being permitted to be built up with dirt from basement or fill so as to divert water or drainage onto other lots.
10. All lots sold and not immediately improved must be maintained by the new owner of the undersigned and its assigns reserve the right to keep the grass cut and such purchaser agrees to pay the sum of Twenty Dollars ($20.00) per cutting for such service.
11. No part of any residence shall be located on any lot nearer to the front or side street than is shown on the front or side building lines indicated on the recorded plat of the subdivision. However, upon proper application, a residence or other connected building may be located on a lot nearer than said building line shown on the recorded plat with the written consent of the Architectural Control Committee.
12. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
13. No signs of any kind shall be displayed to the public view on any lot except a professional sign of not more than one square foot or a sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and the sale period.
14. No lot shall be used or maintained as a dumping ground for any rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers, kept in clean and sanitary conditions, and housed and screened as specified by the Architectural Control Committee.
15. No antenna or tower shall be erected upon any lot for the purpose of radio operation, unless with the prior written approval of the Architectural Control Committee.
16. If any person shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for the Association, any owner, or the City of Springfield, Missouri, by and through its duly constituted agents upon express directive of its legislative body, to prosecute any proceedings at law and in equity against the person or persons violating or attempting to violate any such covenants or restriction, either to prevent such violation or to recover damages for such violation. Failure to enforce any restrictions, conditions, covenants or agreements herein contained shall in no way be deemed a waiver of the right to do so thereafter as to the same breach, or as to one occurring prior or subsequent thereto.
17. If any provisions of these covenants or restrictions shall be held invalid by a judgment or court order, the remainder of the provisions other than those which have been held invalid shall not be affected thereby and shall remain in full force and effect.

I WITNESS WHEREOF, the undersigned has, by authority of its Board of Directors, set its hand and seal hereto on this 15th day of November, 1971.

Lakewood Development Company By: Fred R. Morriset Sr., President

(CS)
Attest: Leland C. Bussell, Secretary

ACKNOWLEDGMENT STATE OF MISSOURI )
) SS:

COUNTY OF GREENE )

Before me, the undersigned Notary public, on this 15" day of November, 1971, did personally appear Fred R. Morriset, Sr, to me known to be the person who executed the foregoing instrument for and on behalf of Lakewood Development Company, a Missouri corporation, as President thereof, and being duly sworn, did acknowledge that he executed said instrument as the free act and deed of said corporation in accordance with the authority vested in him under the Articles of Incorporation, By-Laws and Board of Directors of said corporation.
NI WITNESS WHEREFORE, I have hereunto set my hand and seal on the day and date last above written.

Clara Polino
Notary Pubic

(LS)
Mv Commission expires: 10/6/72

AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS AMENDMENT made and entered into this 3dr day of January, 1973, by the LAKEWOOD DEVELOPMENT COMPANY, a Missouri corporation, being the owner of all of the Lots of Lakewood Village Unit Two, does hereby amend the original Declaration of Covenants, Conditions and Restrictions heretofore filed ni Book 1529 at page 2345 in the Greene County Recorder's Office by making the following addition section in Article 1. ARTICLE 1: DEFINITIONS

Section 9. "Open Space" shall mean and refer to all of the area located in Block "A" of
the plat of Lakewood Village Unit Two, with the exception of parking areas, private drives and building sites.

IN WITNESS WHEREOF, the undersigned, being the declarant herein, has, by authority of its Board of Directors, set its hand and seal hereto on this 3d' day of January, 1973.

Lakewood Development Company BY: Fred R. Morriset, Sr., President

(CS)
Attest: Leland C. Bussell, Secretary

ACKNOWLEDGMENT STATE OF MISSOURI

COUNTY OF GREENE

Before me, the undersigned Notary Public, on this 31st day of January, 1973, did personally appear Fred R. Morriset, Sr., to me known to be the person who executed the foregoing instrument for and on behalf of Lakewood Development Company, a Missouri corporation, as President thereof, and, being duly sworn, did acknowledge that he executed said instrument as the free act and deed of said corporation in accordance with the authority vested in him under the Articles of Incorporation, By Laws and Board of Directors of said corporation.

IN WITNESS WHEREFORE, I have hereunto set my hand and seal on the day and date last above written.

Julie Kyger
Notary Public

(LS)
My Commission expires: 12/15/74