seconoan gekrartcarion MEssoURT caratiai2 2 iat a eT Ps Key, SNSTRUFENT NUMBER Y pazeniet80s gobert T. Kelly, Dirsotor, Recorder Of Deeds ‘RECORDER'S CERTIFICATION AREA. Title/Type of Document: First Amendment to Declaration of Restrictions of Belmont Farms Date of Document: September 22, 2012 Grantor(s): MDL Investments, Inc. Granteo(s): MDL Investments, Inc. Grantee(s) Mailing Address: 908 SW Drake Dr. ‘Lee’s Summit, MO 64082 Legal Description: Located on Page Reference: 20021-0115719 Remrn documents to: Gerald W. Furnell, LLC Attorneys at Law P.O. Box 1215 ‘Lee's Summit, MO 64063First Amendment to Declaration of Restrictions of BELMONT FARMS ‘THIS FIRST AMENDMENT to the Declaration of Restrictions for BELMONT FARMS, made this_@O_ day of September, 2012. WITNESSTH: WHEREAS, certain Declarations of Restrictions were originally filed ofrecord on December 13,2002, in the Office of the Jackson County, Missouri Recorder of Deeds as Document No. 20021- 0115719, and WHEREAS, the undersigned Declarant, pursuant to a transfer of Declarant’s Rights dated May 21, 2012 and recorded June 5, 2012 in the Office of the Jackson County Recorder of Deeds as Document No. 2012E0060219, and owner of at least 25% of the real property in the subdivision, and more fully described in Exhibit A, attached hereto and incorporated herein; WHEREAS, the undersigned now desire to change, modify and amend the Declaration of Restrictions. NOW THEREFORE, in consideration of the premises contained herein and pursuant to Article X, of the aforesaid Declaration, the undersigned, for itself, its successors and assigns, and ffor all future grantees and assigns, hereby amend the Declaration of Restrictions as follows: 1, Amend ARTICLE I - DEFINITIONS, as follows: Section 1(£)- The term “Architectural Control Committee” shall mean a committee comprised of the officers of MDL Investments, Inc.,a Missouri Corporation, which shall have suchpowers and duties as are hereafter set forth in this Declaration. The committee may designate a representativeto act forit. The membership of said Committee, as well as its powersand duties, may be changed at any time by written{nstrument signed by those persons who, under the provision of Article IX hereof, would be entitle to modify this Declaration of Restrietions, such instrument to be ‘effective upon the date of its recording in the office of the Recorder of Deeds of Jackson County, Missouri. Section 1(g)- The term “Declarant” shall mean MDL Investments, Inc., a Missouri Corporation, its successors and assigns, including any assignee appointed. 2 Amend ARTICLE III -. ‘CUP s CY RESTRI follows: Section 1(d)~ SquareFootnge, No residence at BELMONT FARMS shall be erected ‘on any platted subdivision lot, or upon any property legally described in soid plat, having less than the following square fodiage: With the exception of a one story true ranch which shall be addressed hereafter, all residences constructed or maintained in the subdivision shall have an enclosed floor area of at least 2400 square feet, of which the following number of square feet shall be at grade level: Type of Residence ‘Square Feet Required at Grade Leve} ‘Two Story 1000 sq, ft first floor - 2400 sq, ft. total ‘One & One-Half Story 2400 5q, ft. total Reverse Story & One-Half 1500 sq. ft. - 2400 sq, ft total (finished) ‘One Story True Ranch 1750 sq. ft. main floor Inaddition to the square footage requirementsherein, all residences shall have a three (3) car garage.Asused herein, the term “enclosed floor area” shall mean and include, in all cases, areas on. the first and second floors ofa residence enclosed und finished forall year occupancy, computed on outside measurements, and shall not mean or include any areas in basements, garages, porches or attics; provided however, that certain interior areas above the first floor need not be immediately finished for occupancy ifthe residence is so designed and built that such areas can be finished at a later date without any structural changes being madeto the exterior of said residence. This, however, oes not apply to the reverse story and one-half which requires first floor area below grade to be finished, unless the first floor contains 2400 sq. ft, Section 2 - Roof, All residences in BELMONT FARMS shall have laminated shingles colored "weather wood", unless an alternate color is approved in viriting by the Architectural Control Committee, consisting ofa life time warranty with a wind load of not less than 110 miles per hour. Tile, stucco or concrete roofs may be installed with prior written approval of the Declarant or the Architectural Control Committee. Section 17 - Shall be deleted in its entirety. Section 22 - Outbuildings Prohibited, No outbuilding, shed or other detached structure may be erected on any parcel or lot, 3. Amend ARTICLE IV - BUILDING MATERIAL REQUIREMENTS as follows: Exterior walls of all building, structures and all appurtenances thereto’ in the subdivision shall be of brick, stone, stueco, wood, shingle, wood siding, wood paneling, glass blocks, plate glass, masonite, or any combination thereof, Windows, doors, and louvers shall be of wood, vinyl, metal or glass. No other building products or materials shall be used unless first approved in writing by the Declarant or the Architectural Control Committee.4. Amend ARTICLE VI - ADDITIONAL REQUIREMENTS, as follows: Section 2, Except as provided in ARTICLE IN, Section 7, no radio aerial wires, television antennas, satellite dishes, or radio towers shall be maintained in the subdivision. No television or radio towers shall be constructed. Radio acrial wires or television antennas installed ‘on any residence shall be constructed in the enclosed attic, All other provisions, covenants, conditions and or restrictions contained in the Declaration of Restrictions of BELMONT FARMS previously identified herein shall remain unchanged and in full force and affect. IN WITNESS WHEREOE, the undersigned hns hereunto caused this First Amendment to Declaration of Restrictions of BELMONT FARMS to be signed in its behalf by the Corporation hereunto duly authorized to do so the day and year first written above. MDL INVESTMENTS, IN x David W. Ward, President By; STATE OF MISSOURI ) dss COUNTY OF JACKSON) On this ZO _ day of September, 2012, before me a notary public within and for the said state, ‘personally appeared David W. Ward, tome personally known, who being duly sworn, did say that he is the Presidentof MDL Investments, In., a Missouri Corporation, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors, and said David W. Ward acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have here day and year above written, signature and affixed my notary seal, the SERO WF Notety PBI NaleEt sea) “dsiest, rnEXHIBIT A Legal Description THE WEST HALF OF THE SOUTHEAST QUARTER AND THE NORTH 15 ACRES OF THE NORTHEAST QUARTER OF THE SAID SOUTHEAST QUARTER ALL IN SECTION 32, TOWNSHIP 47; RANGE 31, IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI, EXCEPT THAT PART IN SADDLEBROOK EAST 1°" PLAT, SADDLEBROOK EAST 2” PLAT, SADDLEBROOK EAST 3°” PLAT AND SADDLEBROOK EAST 4™ PLAT, ALL ARE SUBDIVISION OF RECORD, AND EXCEPT THAT PART IN DOC HENRY ROAD CONTAINING 59.1893 ACRES MORE OR LESS. Including Lots 1-49 and Tracts M-N, Belmont Farms, First Plet, a subdivision in Lee's Summit, Jackson County, Missouri Note: The Declaration as to the above-described property contains the following incorrect description; THE WEST HALF OP THE SOUTHWEST QUARTER AND THE NORTH 15 ACRES OF THE NORTHEAST QUARTER OF THE SAID SOUTHEAST QUARTER ALL IN SECTION 32, TOWNSHIP 47, RANGE 31, IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI, EXCEPT THAT PART IN SADDLEBROOK FAST 1 PLAT, SADDLEBROOK EAST 2" PLAT, SADDLEBROOK EAST 3" PLAT AND SADDLEBROOK EAST 4™ PLAT, ALL ARE SUBDIVISION OF RECORD, AND EXCEPT THAT PART IN DOC HENRY ROAD CONTAINING 59.1893 ACRES MORE OR LESS. AND, as added by Instrument No, 201260027382: LOT 89, BELMONT FARMS-SECOND PLAT, A SUBDIVISION IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI. LOTS 118, 119, 120, 124, 125 AND 126, BELMONT FARMS-3®? PLAT, A SUBDIVISION IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI LOT 130, LOTS 132 THRU 136, LOTS 138 THRU 139, LOTS 141 THRU 175 AND TRACT P, BELMONT FARMS-4™ PLAT, A SUBDIVISION IN LEB'S SUMMIT, JACKSON COUNTY, MISSOURI 5 wasnsri03RECORDER'S CERTIFroATION SREKSON COUNTY, MESSOURT 03/14/2012 01:34:34 PM INSTRUMENT TYPE: REST FEE: $20.00 4 Ponts HANA INSTRUMENT NUNBER/200K & PAGE 2012E0027382 ROBERT T. KELLY, DIRECTOR, RECORDER OF DEEDS (Space above reserved for Recorder of Deeds certification) Title of Document: Subjection of Additional Land to Declaration of Restrictions of Belmont Farms Date of Document: March /3, 2012 Grantor: HCB Investors Missouri, LLC Grantee: HCB Investors Missouri, LLC Statutory Mailing Addresses of Grantee: 11111 W. 95" Street, Overland Park, Kansas 66214 i Legal Description: See Exhibit A Reference Book and Page(s): 200210115719 200310027457 WASTEGLLSUBJECTION OF ADDITIONAL LAND TO DECLARATION OF RESTRICTIONS OF BELMONT FARMS THIS DOCUMENT is made by HCB Investors Missouri, LLC, a Missouri limited liability company, as of March /3 , 2012, for the purpose of subjecting additional land owned by itto the terms, covenants, provisions and restrictions of that certain Declaration of Restrictions of Belmont Farms dated December 10, 2002 and recorded with the Jackson County Recorder of Deeds on December 13, 2002 as Instrument No. 200210115719 and amended by First Amended Declaration of Restrictions of Belmont Farms dated March 6, 2003 and recorded March 7, 2003 as Instrument No. 200310027457 (as amended, the “Declaration”), HCB Investors Missouri, LLC is the holder of the rights of the Declarant under the Declaration and the owner of the real property described on attached Exhibit A hereto (the “Additional Property”). Pursuant to Article VIII of the Declaration, Declarant has the right to subject other real property owned by it to the terms, covenants, provisions and restrictions of the Declaration, HCB Investors Missouri, LLC, in its capacity as Declarant, for itself and for its successors and assigns and for future owners of the Additional Property, does horeby agree and declare that, effective upon the filing of this document with the Reoorder of Deeds of Jackson County, Missouri at Independence, the Additional Property shall be subject to the terms, covenants, provisions and restrictions contained in the Declaration (if not already so subject), as if the Additional Property had been originally described in the Declaration and subjected to the provisions thereof. IN WITNESS WHEREOF, HCB Investors Missouri, LLC has excouted this document as, of the day and year first above written, HCB INVESTORS MISSOURI, LLC, a Missouri limited liability By: Bank Midwest, N.A., its Manager P. Forgoy, Vice Presi WA3378361.ACKNOWLEDGEMENT STATEOFTV\SSOur! ) 388 COUNTY OR JaCKSON ) onthis 13 day of March, 2012, before me personally appeared Jon P. Forgey to me personally known, who, being by me duly sworn, did say that he is a Vice President of Bank ‘Midwest, N.A., which is the Manager of HCB Investors Missouri, LLC, a Missouri limited liability company, and that this instrument was signed on behalf of said national association and limited liability company and Jon P. Forgey acknowledged this instrument to be the free act and deed of the national association and said limited liability company, IN TESTIMONY WHEREOE, I have hereunto set my hand and affixed my official seal on the day and year next written above. My Commision expres: 429-4)! Y Sandra R Stompseas, 3 WARITB6L.EXHIBIT A Legal Description LOT 89, BELMONT FARMS-SECOND PLAT, A SUBDIVISION IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI. LOTS 118, 119, 120, 124, 125 AND 126, BELMONT FARMS-3"? PLAT, A SUBDIVISION IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI LOT 130, LOTS 132 THRU 136, LOTS (38 THRU 139, LOTS 141 THRU 175 AND TRACT P, BELMONT FARMS-4™ PLAT, A SUBDIVISION IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI 4 WASITAI6LIRECORDER'S cERsTEICATION JACKSON COUNTY, ISSOURT 12/15/2002 11:23:01 A INSTRUMENT TYPE: REST FEE WL iin T MUBER/BOCK & PACE: = NaRY HELEN MURPHY, DIRECTOR OF RECORDS 070% (Space above reserved for Recorder of Deeds certification) 3 Title of Document: Daclaration of Restrictions of Belmnt Fars Pate of Document: receiver 10, 2002 ~ Grantor(s): Investors Limited Inc (wailing Address: Clen Jones 500 SW Market, Tee's Summit, Yo 64063) Gestetner rae ete Grantee(s) Mailing Address: Tots 1M9 and Tracts MLN, Legal Deseription:, Belmont Fame, rirst Plat, a subdivision in Tee's Summit,’ Jackson County, Missouri Reference Book and Pages(s): Of tore is not sufficient apace on this page for the information required, state the page reference where it is contained within the doctament.) >DECLARATION OF RESTRICTIONS or BELMONT FARMS ‘THIS DECLARATION, made on the date hereinafter set forth by Investors Limited LLC, a Missouri Limited Liability Corporation, of the County of Jackson, State of Missouri, owner of the platted lots of real property legally described herein on the date of the execution hereof, hereinafter referred to athe “Declarant”. - ‘WITNESSETH: WHEREAS, Declarant is the owner of certain property located in the County of Jackson, State of Missouri more particularly described as: ‘THE WEST HALF OF THE SOUTHWEST QUARTER AND THE NORTH 15 ACRES OF THE NORTHEAST QUARTER OF THE, SAID SOUTHEAST QUARTER ALL IN SECTION 32, TOWNSHIP 47, RANGE 31, IN LEE’S SUMMIT, JACKSON COUNTY, ‘MISSOURI, EXCEPT THAT PART IN SADDLEBROOK EAST 1° PLAT, SADDLEBROOK EAST 2” PLAT, SADDLEBROOK EAST 38° PLAT AND SADDLEBROOK EAST 4™ PLAT, ALL ARE SUBDIVISION OF RECORD, AND EXCEPT THAT PART IN DOC HENRY ROAD CONTAINING 59.1893 ACRES MORE OR LESS, WHEREAS, Declarant will convey said properties, subject to certain protective conditions, resttictions, reservations, len and charges as hereinafter set forth; NOW, THEREFORE, Declarant hereby declares that all ofthe properties described above sbali be held, sold and conveyed subject to the following easements, restrictions, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and aitractiveness of the real property. These easements, restrictions, and conditions shall run with the real property and shall be binding on all other parties having or acquiring any right, ttle or interest in the described properties or any part thereof, and shall insure to the benefit of each owner thereof. ARTICLE DEFINITIONS ‘Section 1. Definitions: As used herein, ‘a, The term *lot" shall mean a parcel of land conveyed for use as a building site for a residenée iad may be cither a platted lot or a parcel of land consisting of more or less than one platted lot. 1The term “comer lot” shall mean a lot that abuts on more than one street. Any lot, except a corner lot, shall be deemed to front on the street on Which it abuts. A corner lot shall be deemted to front on either street, however, the Declarant, in the deed to any comer lot, or at any time thereafter with the consect on writing of the holder of the recorded title thereto, may designate a specific street as that on which a comer lot shall be deemed to front. The term “building line” shell mean the lines marked “building tine" on the se plat of said subdivision, unless changed by the Declarant in accordance with ‘the provisions hereof. ‘The term “street” shall include any street, drive, boulevard, road, lane, way, avenue, place, cul-de-sac or court as shown on said plat. The street upon which a Jot shall front shall be decmed to be the front street. Any other street contiguous to said lot shall be deemed to be a side street, . The term "residence" shall mean a residential building designed and intended for use and occupancy by a single family. ‘The term “Architectural Control Committee” shall mean a commaittee of two persons, Glen H. Jones and Richard W. Sanders, who shall have such powers and duties as are hereafter set forth in this Declaration. A majority of the Committee may designate a representative to act for it, In the event of the death or resignation of any member or members of said Committee the remaining member or members shall have fall evthority to fill any vecancy or vacancies created thereby, and the newly appointed members shall have the same powers and duties 2s their predecessors. The membership of said Committee, as well as its powers and duties, may also be changed at any time by written instrument signed by those persons who, under the provisions of Article IX, hereof, would be entitled to modify this Declaration of Restrictions, stich instrament to be effective upon the date of its recording in the office of the Recorder of Deeds of Jackson County, Missouri, at Independence, . The term “Declarant” shall mean Investors Limited LLC, a Missouri Limited Liability Corporation, its successors and assigns, inchiding any assignee appointed,ARTICLE II ONTR: No building, fence, wal! or other structure shall be commenced, erected or maintained ‘upon the Properties, not shall any exterior addition to or change or alteration therein be made including exterior color, until the plans and specifications showing the nature, color, kind, shape, height, materials and location of the same have been submitted to and approved in writing as to. . hamony of external appearance, design and location in relation to surrounding structures and topography by the Declarant. In the event said Declarant, or its designated committee, fails to approve or disapprove such design and locetion within ten (10) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with, ARTICLE 111 USE OFT, ‘Section 4, Useofland, Except as may be hereinafter provided, no lots in the stibdivision may be improved, used or occupied for other than private residential purposes. Any residence erected or maintained on the lots hereby restricted shall be designated for occupancy by a single family, end shall have an enclosed garage which can accommodate at least two automobiles. No duplex, flat or apartment house, although intended for sesidential purposes, shall be erected thereon, : b. Nuisances, No nvisance shall be permitted (o exist or operate upon any property so 2s to be detrimental to any other property in the vicinity thereof or to its occupants. . Restriction on Further Subdivision, No lot upon which a living unit has been constricted shall be further subdivided or separated into smaller lots by any Owner, and no portion less than all of such Lot, nor any easement or other interest therein shall be conveyed or transferred by an Owner.¢, Square Footage, No residence at Belmont Farms shall be erected on any platted subdivision lot, or upon any property legally described in said plat, having less than the following square footage: Allresidence constructed or maintained in the subdivision shall have an enclosed floor area of at least 2,000 square feet, of which the following number of square fect shall be at grade level: ‘Type of Residetice ‘Square Feet Requited at Grade Level One Story ~ 2,000 sq, ft. -- 2,000 sq. f. total ‘One & one-half story 1,600 5g. B. 2,600 sq. ft. total Two Story 1,600 sq. f. -- 2,800 sq. ft. total Reverse story antl one-half 1,600 sq.ft. -- 2,600 sq. ft. total (finished) As used herein, the term “enclosed floor area” shall mean and include, in all cases, areas an the first and second floors of @ residence enclosed and finished for all year occupancy, computed ‘on outside measurements, and shall noi mean or include any areas in basements, garages, porches or attics; provided however, that certain intetior areas above the first floor need not be immediately finished for occupancy if the residence is so designed and built that such areas can be finished at # later date without any structural changes being made to the exterior of said residence, This does not apply to the reverse story and one-half which requires first floor and area below grade to be finished, unless first floor contains 2,000 sq. fl. Section 2, Roof, All structures in Belmont Farms shall have either a 40 year composition, tile or standing seam metal roof with roof breaks, Section 3. Temporary Stmuctures, No traifer, basement, tent, shack, garage, barn or other ‘outbuilding in the subdivision shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. Provided, however, nothing herein containec shall restrict the Declarant (or others with consent of the Declarant) from locating, constructing or moving a terporery construction office in or into the subdivision to be used during the constuction of residénce within the subdivision or from locating, constructing or moving a temporary real estate oftice in or into the subdivision to be used during the period of sale of the property within the subdivision. The Declarant (or others with the consent of the Declarant) may eso erect and maintain model homes for sales purposes and may operate such office or offices therein for as long as if deems necessary for the purpose of selling property within the subdivision,Section4, No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot or other tract of land except dogs, cats or other household pets may be kept in residential areas, provided that they are no: kept, bred, or maintained for any commercial purposes. All pets shall be kept on a leash when outside the home or within yard by fence or invisible fence. Section S, No automobile trailers or other trailers, mobile homes, motor homes, camipers, boats, trucks (except as hereinafter provided), motorcycles, motorbikes, motor scooters, minibikes, ATV's or junk automobiles shall be parked on any street or on any lot in the subdivision unless completely enclosed in a garege. Nothing in this paragraph, however, shall be 0 construed as to prohibit the regular parking of automobiles and pickup trucks, ( as hereinafter defined) on any driveway, so long as such vehicles are in running order end are in a reasonable state of repair and the total number of such vehicles does not exceed three (3) at any one time. For the purpose of these Resttictions, a pickup truck in defined as a truck not exceeding one-half (3/4) ton in size and, if equipped with an enclosure over the bed, such enclosure shall not be higher than twelve (12) inches above the cab or extend beyond the rear bumper. Any mechanical ‘work on automobiles, other vehicles or equipment shall only be performed in garages. Section 6, All garages shall be kept clean anc! uncluttered as much as practicable to preserve the appearance of the Properties. ‘Section 7, Owners shall not cause or perait anything to be hung or displayed on the outside of windows or placed on the outside walls of a building, and no sign, awning, canopy, shutter, radio. or television antenna or satellite dish other than 19" satellite dish approved as to location pursuant to Article II hereof shall be affixed to or placed upon the exterior walls or roof or any part thereof, without the prior consent of the Declarant. In addition, no satellite dishes or any other types of antenna shall be installed on or about any platted subdivision Lot, with the exception of model homes and management offices. Section 8, No noxious or offensive activity shall be cartied on on any Lot, nor shall anything be done therein; either willfully or negligently, which may be or become an annoyance ornuisance to the other owners or occupants. The noise level within any home shall never be so great as to disturb the owners or occupants of any other home. Section 9, No clothes, sheets, blankets, laundry of any kind or other articles shall be hhung out or exposed on any Lot or on the exterior of any home. The exterior area of any Lot shall be kept free and clear of rubbish, debris, and other unsightly materials. Section No industry, business, trade, occupation or profession of any kind, commercial, religious; educational or otherwise, sball be conducted, maintained, or permitted on any part of the Properties provided, however, that this provision shall not be construed to prevent the use of any home for a home office or studio so long as such use shall not interfere with the quiet enjoyment or comfort of any other owner or occupant.Section LL. No automotive repair or rebuilding or any other form of automotive ‘manufacture, whether for hire or otherwise, shall occur on the Properties. Section 12, All residential structures must be constructed of materials approved by Declarant, Section 12, All front and side yands of the Lots are to be fully sodded with grass. Backyards are to be fully sodded with grass unless a specific alternate request is submitted to the ‘Declarant for seeding by a professional lawn seeder contractor. Section 14, All Fireplaces shall be masonry or zero clearance, built to match, or compatible with siding, and a low profile rectangular top. Section 15, No building shall be permitted to stand with its exterior in an unfinished condition for longer than five 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 months. No building shall be occupied until the exterior has been completed. Section 16, No above ground swimming pools shall be erected, installed, constructed, and/or maintained by an Owner on any Lot, other than an entirely portable and movable wading pool. Section 17, Garage doors in the subdivision shall remain closed at all times other than during periods of ingress or egress to the garages served thereby. Section 18. No trash, ashes or other refuse may be thrown or dumped on any lot in the subdivision. All rash receptacles shall be kept in enclosed garages except at such times as trash is being removed by trash collectors. Section 19, No tank for the storage of oil or other fuels or fluids shall be maintained in the subdivision above the surface of the ground. Section 20, No oiiGide privies or closets may be erected or maintained on any Jot in the subdivision except for use by workmen during construction of improvements on the lot. Section 21, All homes shall be equipped with add-on heat pumps. ‘The Declarant reserves the right to waive or modify any of the above restrictions or prohibitions as to any lot, but such waiver shall not extend to any lot other than that for which the waiver or modification is particularly made.ARTICLEIV BUILDING MATERIAL REQUIREMENTS Exterior walls of all buildings, structures and all appurtenances thereto in the subdivision : shall be of brick, stone, stucco, wood, shingle, wood siding, wood paneling, glass blocks, plate glass, masonite, or any combination thereof. Windows, doors, and louvers shall be of wood, metal or glass. No other building products or materials shell be used unless first approved in writing by the Declarant or its representative. ARTICLE V APPROVAL OF BUILDING Section 1, No residential building, feines, or structure of any kind (including swimming, pools) shall be erected upon or moved onto any Jot within the subdivision unless and until the building plans, specifications, exterior color scheme, materials, Jocation and elevation thereof ave been submited to the Declarant of Belmont Farms for written abproval; nor shall any change, alteration, or addition to said building, fence or structure or in said building plans, specifications, exterior color scheme, materials, location, and elevation thereof be made until such change, alteration or addition has been submitted to the Declarant for written approval. ‘The Declarant shall have the right to determine the location of all buildings to be constructed, ‘within the subdivision and the relation to the top of the foundation of any said building to the street level. Ifthe Declarant fails to approve or disapprove of any such building plans, specifications, exterior color scheme, materials, locetion, and elevation thereof within thirty (30) days after the date shown on said Declarant’s written receipt as the date the sanse ware submitted, such approval shall not be required and this restriction shall be deemed to have been fully complied with. Declarant shall not be liable for any approval, disapproval or failure to approve or disapprove hereunder and.eny such approval, disapproval or failure to approve or disapprove sball not be considered as a waiver of any requitements'of any restrictions in this Declaration of Restrictions.” Nothing herein containe¢ shell in any way be deemed to prevent any owner of any property within the subdivision from maintaining any actiézi relating to improvements within the subdivision which he would otherwise be entitled to maintain. The purpose and intent of this paragraph is to assure harmony of exterior design of all building and structures in the subdivision, to avoid and prevent the violation of those terms and provisions of this Declaration of Restricticias whieb effect consttuction, and for no other purpose. In.no event shall any approval, disapproval or failuce to approve or disapprove be deemed or construed to be in approval or acceptance of, or arty reptesentation or essurance with respect to, any engineering or architectural plan or design or any method or manner of construction which may be described in or indicated by any plans, specifications or other documents submitted to the Declarant with respect to the building or structure for which approval is sought, nor shall the same be deemed or construed to be an approval or acceptance of, or any representation or assurance with respect to the quality or suitability of any materials, goods or appliances to be used in the building or structure for which such approval is sought. 7)Section 2._ Every residence erected on any lot in the subdivision shall front or present good frontage on the street on which said lot fronts, Section 3, No residence or any pait thereof shall be erected or maintained on any lot nearer to the adjoining street or sireets than the building lines shown on the plat of the subdiyision.. Provided, however, a. The Declarant reserves the right to change any building line, providing the conseat of the holder or the legal title to the lot involved is first obtained, but in * no event shall a building line be changed so as to bring it nearer to any adjoining street than the minimum distance prescribed by zoning or other applicable ordinances of the City of Lee's Summit, Missouri b. Bay, bow, otiel, dormer and other projecting windows not exceeding one story in height may project beyond the building fine not more than three (3) feet c. Comices, chimneys, brackets, pilasters, grillwork, trellises and other similar projections, inchiding projections for purely omamental purposes, may project beyond the building ines not more than four (d) feet. ot beyond the d, Any vestibule not more than one (1) story in height may proj building line not more than four (4) feet. e, Unenclosed covered porches, balconies and porte coveres may project beyond the building lines not more than six (6) feet. f. Any projection which is completely under the surface of the ground may extend ‘beyond the front building line not more than twenty-five (25) feet and, in the case of comer lots, the side building line not more than ten (10) feet. No part of any outbuilding, detached gacage or residence, including attached garages, greenhouses, wells and porches, enclosed or unenclosed, covered or uncovered, but excluding | all other projections set forth in subpacegraphs “a” through "f" above, shall be erected or | maintained nearer than seven (7) feet from the side property line of the lot on Which the same is erected. All such excluded projections may extend iwo feet neazer said side property line | However, the Declarant reserves the right to modify this side property line restriction with respect to any lot at any time, but in no event shel! such modification be such that itis at variance with any side yard requirement of zoning or other applicable Ordinances of the City of Lee's Summit, Missouri.2 ARTICLE VL EASEMENTS Easements for jastallation and maintenance of ulilities and drainage facilities are and will be reserved by Declarant end dedicated to publie utilities as shown on the recorded Plats of said land, Such easements shall include the right of ingress and egress for construction and maintenance purposes. ; Within the easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation end maintenance of utilities, or which may change the direction or flow of drainage channels in the easements, The easement atea of erch Lot and tract of land and all improvements in it shall be maintained continuously by the Owner of the land, except for those improvements for which a public authority or utility company is responsible. ARTICLE VL ADDITIONAL REQUIREMENTS. Section L. Maintenance of any advertising sigh or structure of any lot in the subdivision shall be prohibited, except a single sign not to exceed two (2) feet by three (3) feet maintained for the purpose of advertising that suci lot (and any residence thereon) is for sale. No such sign shall be pecritted to remain on such lot after a contract of sale relating thereto hes been closed. This restriction shall not apply to any sign or signs crevted by the Declarant or others with the consent of the Declarant for the purpose of advertising the subdivision or to any sign or signs erected by the Declarant or others with the consent of the Declacant for the purpose of the sale of lots or residences therein. Section 2. No radio aerial wires, television antennas, satellite dishes, or radio towers shall be maintained in the subdivision. No television or radio towers shall be constructed. Radio eerial wires or television antennas installed on any residence shall be constructed in the enclosed attic. Section 3, No fencé, hedge or similar structure or enclosure may be erected or meintained in the subdivision without the written approval of the Declarant as to type, size, height, and location. In no event, however, shall any such fence, wall, hedge or structure be higher than four feét iunléss itis intended to enclose a special use area, such as @ patio or swimming pool. All fences shall be constructed of wood, wrought iron or vinylARTICLE Vill SUBJECTION OF ADDITIONAL LANDS TO RESTRICTIONS ‘The Declarant shall have and expressly reserves the right o subject such other real property as it may now own or hereafter acquire to the terms, covenants, provisions and restrictions of this Declaration of Restrictions by executing an appropriate instrument or instruments for thé purpose, such instrument or instruments to be effective upon recording the same in the office of the Recorder of Deeds of Jackson Couniy, Missouri, at Independence, ARTICLE IX RIGHT TOENFORCE ‘The restrictions, covenants, and provisions herein set forth shall run with the land and shall bind the present owners, and theit assigns, and all parties claiming by, through or under them, shali be taken to hold, agree and covenant with the owners of the propetty hereby restricted and with their assigns, and with each of them, to conform to and to observe said restrictions as to the use of said property and the construction of improvements thereon. No restriction herein set forth shall be personally binding upon any corpotation, partnership, person or persons‘or other centty except in respect to breaches committed during its, his, her or their seizing of title to said property. The Declarant, ils suecessors and assigns, and also the owner or owners of any part of the property hereby restricted, shall have the right to sue for and obtein aa injunction, prohibitive or mandatory, to preverit the breach of or to enforce the observance of the restrictions above set forth in addition to the ordinary legal action for damages, aa the failure of the Declaran, its successors and assigns, or any Owner or ownexs of any patt of the property hereby restricted to enforce any of the restrictions herein set forth at the time of its violation shall, in no event be deemed to be 2 waiver of the right to do so thereafter. All costs in connection with such legal action, including attorney’s fees, shall be paid by any person found to be in violation of the terms of this instrument and such costs shall constitute a lien against any lot or lots such person may ‘own in the subdivision vntil paid. Said lien shall be in Savor of the person or entity who brought such Jegal action and it may be enforeed in any court in Jackson, County, Missouri, having jurisdiction of suits ToF the enforcement of liens. The Declarant may at any time or times by appropriate instrument made expressly for that purpose, assign or convey to any person or entity, any or all of the rights, reservations, and privileges herein reserved by or granted to't, and its said assigns or grantees miay at their option exercise, transfer or assign those rights, or any one or more of them, at any time or times in the same way or manner as though direcily reserved by or granted to them in this instrument 10ARTICLE X MODIFICATION OF RESTRICTIONS The covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land, and shall remain in full force and effect until Deceraber 31, 2012, at which timé said covenants, restrictions and provisions shall automatically be extended for successive periods of five (5) yeais each. Such restrictions and provisions may be amended, modified or changed by Declarant as long as he is in ownership of 25% of real property in the subdivision prior to December 31, 2012. Any chenge atieridment or modification shall become effective upon the date ofits recording in the office of Recotder of Deeds of Jackson County, Missouri at Independence, Missouri ARTICLE XI SEVERABILITY Invalidation of any restrictions set forth herein or eny part thereof by an order, judgroent or dectee of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein, but they shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned has hereunto caused this Declaration to be signed in its behalf by the Corporation thereunto duly authorized to do so this _4o24 day of +2002. INVESTORS LIMITED LLC uwSTATS OF MIgsQURI ) 83. COUNTY OF JACKSON ) OW THIS 10TH DAY OF DECEMBER, 2002 , BEFORE ME PERSONALLY APPEARED GLEN H. JONES AND RICHARD W. SANDERS MEMBERS OF INVESTORS LIMITED, LLC TO ME KNOWN TO BE THE PERSON(S) DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SANE AS TEEIR FREE ACT AND DEED. IN TESTIMONY WHEREOF, 1 HAVE HEREUNTO SET MY HAND AND AFFIXED NY OWPICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DAY AND YEAR FIRST ABOVE WRITTEN. MY ‘TERM EXPIRES: SHARON R, SE ayn maine : tay Ovaamlenien Expires Jiby 22, 2008