Doublewide Acreage Bill of Assurance

No noxious or offensive activity and no commercial activities of any kind shall be carried on or upon any tract in Lake Hamilton Heights, nor shall anything be done thereon that may become and annoyance or nuisance to the area.

Household pets and horses, will be allowed in a number so limited as not to create a nuisance.  No goats or swine or fowl shall ever be kept or harbored on any part of the property and no commercial breeding of any type of domestic or wild animal shall be permitted on any of the said property.

No trash, manure or garbage or putrescible matter, or debris of any kind shall be dumped, or permitted to accumulate on any lot, nor may any of such materials be burned on the premises except in a incinerator designed for the purpose and of a type permitted and approved by all State and local authorities.

The land included in the tract shall be used for residential purposes only.

No building shall be erected, altered placed  or permitted to remain on any lot other than a one-single family dwelling, private garages or carports and outbuildings for storage of personal belongings of the inhabitants of the residence located on each lot.

The living area of any dwelling or residence constructed on any lot or part thereof shall not be less than 1250 square feet.  The ground floor area of any multi-story dwelling constructed on any lot or part thereof shall be not less than 900 square feet, area referred to shall be the area of the building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior or secondary stairways. Porte coteries, and outbuildings.

No stick built home, mobile home, modular home, or pre-manufactured home shall be parked on any part of said property without full under pinning and must be new or be accepted by the developers.  No single wide mobile homes.

No building shall be constructed on any lot nearer than fifteen feet to the street nor nearer than ten feet to the interior lot lines, except when approved by Developer.

No vehicle of any type or description may be parked or left standing on any part of the tract unless such vehicle is currently and legally registered and licensed for use on street and highways.  Any vehicle being repaired or re-constructed may be kept on the property but it shall be stored or kept in a covered enclosure if inoperative for more than 30 days.

No unfinished residence or dwelling shall be occupied as a residence.  Temporary structures shall not be used for residential purposes.  No building shall be occupied as a residence unless furnished with electric power.

Every residence constructed on this tract shall contain modern plumbing facilities in compliance with all regulations of the State, County or City.  All plumbing shall be connected to septic or sewer systems approved by the proper authority.

All building shall be of new construction and no old residences shall be moved onto the property.

Temporary Structures.  No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence; either temporarily or permanently.

Grass, weed and vegetation shall be kept mowed or bushhogged at regular intervals on each tract and no excess debris such as dead trees, shrubs and vines shall be allowed to accumulate upon said lots.  In the event this is not done, Developer has the right to mow or remove debris, and charge the owner for this service, with proper notice.

ARTICLE TWO

EASEMENTS AND SETBACK RESTRICTIONS

Developer reserves as necessary utility easements and rights-of-way a ten foot utility easement along all lot lines as shown on said plat.  These utility easements And rights-of-way are reserved for the use and benefit of any public utility operating In Garland County, Arkansas, including, but not limited to those public utilities for Telephone, television cable, water, gas electricity, etc., as well as for the benefit of the Developer and property owners in the subdivision for appropriate utility purposes and/or any other utility or service which the Developer may find necessary for the proper service of lots in this subdivision.

Developer has and by this Bill of Assurance does dedicate all of the street, roadways, easements, and right-of-way, together with all of the lots shown on the Plat and designated by a lot number.

ARTICLE THREE

MISCELLANEOUS PROVISIONS

Persons bound by these covenants; Amendments.  All persons or corporations who now own or shall hereafter acquire any of the lots in this Subdivision shall be deemed to have agreed and covenanted with the owners of all other lots in this Subdivision and with its or their heirs, successors and assigns to conform to and observe the restrictions, covenants and stipulations contained herein for a period of twenty-five (25) years from the date this Bill of Assurance is recorded, and this Bill of Assurance shall thereafter automatically extend for the original term or any successive term of the application hereof a majority of the then owners of lots in the Subdivision agree to the amendment or removal of these covenants in whole or in part.  This Bill of Assurance may be amended at any time by the owners of eighty (80%) percent of the lots in the Subdivision.  No changes in this Bill of Assurance in this manner herein set forth shall be valid unless the same shall be placed of record in the office of the recorder of Garland County, Arkansas, duly executed and acknowledged by the requisite number of owners of record title to the lots or reflected by the deed records of Garland County, Arkansas.

Right of Enforce.  The covenants, agreements and restrictions herein set forth shall

Run with the title to the lots in this Subdivision and bind the present owners, their heirs, successors and assigns, and all parties claiming by, through or under them shall be taken to hold, agree and covenant with the owners of other lots in the addition, their heirs, successors and assigns, and with Owners, as to the covenants and agreements herein set forth and contained.  None shall be personally binding on any person, persons or corporation except with respect to breaches committed during its, his or their holding of title to lots in the Subdivision.  Any owner or owners of lots in this Subdivision, or the Developer, shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of any of the covenants, agreements or restrictions contained herein together with any other rights to which they might otherwise be entitled under the laws of the State of Arkansas.  In the event an owner of real property in this subdivision is required to litigate to enforce any provisions of this Bill of Assurance against another owner who is violating any of the provisions of this Bill of Assurance and if the aggrieved owner is successful in enforcing any of the provisions in this Bill of Assurance, then the violating owner will be responsible for the attorney fees and costs incurred by the aggrieved owner.

Severability.  The invalidation of any portion of these covenants, restrictions or agreements herein contained by the order of a court of competent jurisdiction shall in no way affect any of the other provisions hereof which will remain in full force and effect.