CHERRY HILLS FIFTH
and a Replat of Lot 152 of Cherry Hills Fourth Addition,
An Addition to Champaign County, Illinois
Protective Covenants
STATE OF ILLINOIS
COUNTY OF CHAMPAIGN
OWNER'S CERTIFICATE

THE CHAMPAIGN NATIONAL BANK, a corporation, of Champaign, Illinois, as Trustee, under Trust Agreement dated November 19, 1985, and known as Trust No. 030-877-617, and as the record and legal owner of certain real estate, makes this certificate as to such real estate described as follows:

A tract of land being a part of the Northwest Quarter of Section 27, Township 19 North, Range 8 East of the Third Principal Meridian, Champaign County, Illinois, the boundary of which is described as follows:

Commencing at the Northwest corner of the Northwest Quarter of said Section 27, Township 19 North, Range 8 East of the Third Principal Meridian, Champaign County, Illinois, proceed South 00º00’00”ºWest, along the West line of said Northwest Quarter of Section 27, (as determined by a Survey and shown on a Plat by D. Wayne Shoemaker, Registered Illinois Land Surveyor No. 1684, said Plat dated July 2, 1974), a distance of 1462.51 feet to the Southwest corner of Cherry Hills Fourth, an addition to Champaign County, Illinois, as recorded in Plat Book "AA", Page 211, as Document Number 88 R 11004, Champaign County Recorder's Office, said point being the True Point of Beginning; thence proceed South 87°25'43" East, along a Southerly line of said Cherry Hills Fourth, a distance of 294.63 feet; thence proceed South 90°00'00" East, along a Southerly line of said Cherry Hills Fourth, a distance of 130.00 feet to a Westerly Right-of-Way line of Cherry Hills Drive; thence proceed South 0°00'00" West, along said Westerly Right-of-way line of Cherry Hills Drive, a distance of 26.60 feet; thence proceed Southerly along the arc of a circular curve to the left, having a radius of 875.00 feet, a chord bearing of South 00º 23’12”Ease, a chord distance of 11.81 feet, for an arc length 11.81 feet to a point on a Southerly line of said Cherry Hills Fourth; thence proceed North 89º13’36” East, along a Southerly line of said Cherry Hills Fourth, a distance of 190.00 feet; thence North 84º22’39” East, 'along a Southerly line of said Cherry Hills Fourth, a distance of 225.09 feet; thence South 89º44’12” East, along a Southerly line of said Cherry Hills Fourth, a distance of 130.00 feet to the Westerly Right-of-way line of Lakeview Drive; thence proceed Southerly along the arc of a circular curve to the left, having a radius of 683.13 feet, a chord bearing of South 2°54'06" East, a chord distance of 62.89 feet, for an arc length of 62.91 feet to a point on a Southerly line of said Cherry Hills fourth; thence proceed North 84º27’36” east, along a southerly line of said Cherry Hills Fourth; thence North 8º30’01” West, along an Easterly line of said Cherry Hills fourth, a distance of 47.50 feet to the Southwesterly corner of Cherry Hills Second, an addition to Champaign County, Illinois, as recorded in Plat Book “AA”, Page 37, as document Number 86 R 10851, Champaign County Recorder’s Office; thence proceed south 88º45’09” East, along the South line of said Cherry Hills Second, a distance of 175.00 feet to the Easterly Right-of-Way line of Cherry Creek Road; thence proceed South 00º03”55” East, along a Southerly extension of said Easterly Right-of-Way line of Cherry Creek Road, a distance of 129.78 feet; thence South 88º45’09” East, a distance of 10.00 feet; thence South 1º14’51” West, a distance of 200.00 feet; thence North 88º45’09” West, a distance of 105.00 feet; thence south 15º29’13” East, a distance of 50.19 feet; thence South 2º37’11” West, a distance of 100.15 feet; thence South 10º04’38” West, a distance of 100.15 feet; thence south 17º40’31” West, a distance of 103.92 feet; thence south 22º31’08” West, a distance of 35.00 feet; thence South 76º50’36” East, a distance of 35.00 feet; thence South 15º31’22” West, a distance of 140.00 feet; thence proceed Southeasterly, along the arc of a circular curve to the right, having a radius of 530.00 feet, a chord bearing of south 73°03’34” East, a chord distance of26.23 feet, for an arc length of 26.23 feet; thence proceed south 18°21’30” West, a distance of 200.00 feet; thence North 78°20’47” West, a distance of 77.06 feet; thence south 88°14’38” West, a distance of 77.06 feet; thence South 74°50’03” West, a distance of 77.06 feet; thence south 68°33’33” West, a distance of 92.04 feet, thence south 73°47’22” West, a distance of 98.48 feet; thence South 55°12’52” West, a distance of 25.00 feet; thence North 67°28’28” West, a distance of 135.00 feet; thence North 82°31’56” West, a distance of 60.00 feet; thence proceed Northerly along the arc of a circular curve to the left, having a radius of 470.00 feet, a chord bearing of North 3°20’23” East, a chord distance of 67.66 feet, for an arc length of 67.72 feet; thence proceed Westerly, along the arc of a circular curve to the right, having a radius of 880.00 feet, a chord bearing South 88°48’58” West, a chord distance of 36.36 feet, for an arc length of 36.36 feet; thence proceed North 90°00’00” West, a distance of 480.00 feet to said West line of the Northwest Quarter of Section 27; thence proceed North 00°00’00” East, a distance of 1031.10 feet to the True Point of Beginning, encompassing 28.29 Acres, more or less.

And also,

Lot 152 in Cherry Hills fourth, an Addition to Champaign County, Illinois, as recorded in Plat Book “AA”, Page 211, as Document No. 88 R 11004, Champaign County Recorder’s Office, containing 2.30 acres, more or less.

Owner states that the same was caused to be surveyed and platted by Stephen A. Kurth, an Illinois Registered Land Surveyor No. 1945, and the undersigned does hereby adopt, ratify and confirm the plat prepared by said Surveyor and name such subdivided real estate "CHERRY HILLS FIFTH and a. Replat of Lot 152 of Cherry Hills Fourth Addition, An Addition to Champaign County, Illinois", hereinafter referred to as "CHERRY HILLS FIFTH", and the undersigned does hereby dedicate the tracts marked "Cherry Hills Drive", "Lakeview Drive", "Wedgewood Drive", "Worthington Drive", Cherry Creek. Road", "Duncan Road", and that part set aside as Easements to the public, for the public use, and the undersigned does dedicate for public use all of the utilities such as water mains, storm sewers and sanitary sewers to the public for public use forever. Each of said lots in said subdivision on which there appears a broken line designated as "Easement for Public Utilities and/or Drainage" is subject to a permanent easement five, ten or proper feet in width as shown thereon for the installation and maintenance of gas, telephone and power lines, water and sewers, and any other utilities which may be needed for the benefit of any or all of the lots in said subdivision and for the public. It is hereby provided that all conveyances of property hereinafter made in said subdivision by the present or future owners of any of the lands described in said Surveyor's Certificate for said subdivision shall, by adopting the above description of said land as platted, be taken and understood as if incorporating in all such conveyances without repeating the same, the following restrictions, as applicable:

DEFINITIONS

For the purpose of this declaration, certain words and terms are hereby defined.

Accessory Building: Separate building or buildings located on the same building site and which are incidental to the main building or to primary use of the premises.

Building Area: That portion of a building site within which the construction and maintenance of main buildings is permitted.

Building Site: A portion of the subdivision consisting of at least ninety-five percent (95%) of one entire lot, as platted.

Dwelling: Any building occupied or designed to be occupied by and used exclusively for a residence by a single family.

Ground Floor Area: That portion of a dwelling which is built over a basement or foundation above surrounding grade but not over any other portion of the dwelling.

Annexation Agreement: The Annexation Agreement dated April 15, 1988, between the city of Champaign, Illinois, and Owner, and recorded with the Recorder of Champaign County, Illinois, in Book 1581, at page 397, as Document No. 88 R 9298.

AREA OF APPLICATION

The proposed covenants below, in their entirety, shall apply to Lots 152 IN CHERRY HILLS FOURTH, and Lots153 through 206, inclusive, as shown on the plat of said subdivision CHERRY HILLS FIFTH.

COVENANTS

1. Allowable Structures: No structure shall be erected, altered, placed, or permitted to remain on any building site other than one detailed single family dwelling, a private garage for not more than three (3) cars, and other accessory buildings incidental to residential use.

2. Architectural Control:

a. Committee Membership: the Architectural Control Committee is composed:

Josef C. Hallbeck, Greg A. Millage, Daniel J. Hallbeck

A majority of the committee may designate a representative to make its report. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. For each twenty-five (24) lots sold or contracted for sale, the Board of Directors of Cherry Hills HomeownerÕs Association shall be entitled to name one of the three members of the Architectural control Committee. When all lots have been sold, the Board of Directors of cherry Hills HomeownerÕs Association shall be entitled to name the three members of the Architectural Control Committee, including the designation of a successor in the event of death or resignation of any member of the Committee.

b. Powers: It is the purpose of Architectural Control to promote the residential development of CHERRY HILLS FIFTH, An Addition to Champaign County, Illinois, and to enhance property values therein; therefore, the Architectural Control Committee shall have the right and power to reject

approval of plans submitted if they do not, in the Committee's opinion, benefit and enhance the residential development of the area; such approval, however, shall not be unreasonably withheld.

The Architectural Committee shall have the power to reduce side-yard requirements by not more than twenty-five percent (25%) of the required side-yard and to reduce the front an rear yard requirements by not more than ten percent (10%) of the applicable required front or rear yard; the Committee shall have the further power to reduce minimum dwelling size requirements where the size, shape, and location of the lot warrants such variance in the opinion of the Architectural Committee.

1. Building Plats, etc: No building, dwelling, fence, or other structure or excavation shall be erected, constructed, altered or maintained upon, under or above or moved upon any part of said subdivision unless the plans and specifications thereof, showing the proposed construction, nature, kind, shape, height, material, and color scheme thereof, and building elevations, and a plot plan showing lot lines, boundaries of the building site, distance from the boundaries of the building sits to the buildings and the grading plan of the building site shall have been submitted to and approved by the Architectural Committee, and until a copy of such plans and specifications, plot plan and grading plan, as finally approved, is deposited for permanent record with the Architectural Committee,

2. Approval by Architectural Committee: the Architectural Committee shall, upon request and after satisfactory completion of improvements, issue its certificate of completion If the Committee fails to approve or reject any plan or matter requiring approval within thirty (30) days after plans or specifications have bee submitted to it, or in any event if no suit to enjoin construction has been commenced prior to the completion thereof, approval shall be conclusively presumed and the related covenants shall be deemed to have been fully complied with.

3. Right of Inspection: During any construction or alteration requires to be approved by the Architectural Committee, any member of the Architectural Committee, or any agent of such Committee, shall have the right to enter upon and inspect, during reasonable hours, any building site embraced within said subdivision and the improvements thereon, for the purpose of ascertaining whether or not the provisions herein set forth have been and are being fully complied with and shall not be deemed guilty of

trespass by reason thereof.

4. Waiver of Liability: The approval by the Architectural Committee of any plans and specifications, plot plan, grading, or other plan or matter requiring approval as herein provided, shall not be deemed to be a waiver by the said Committee of its right to withhold approval as to similar other features or elements embodied therein when subsequently submitted for approval in connection with the same building site or any other building site. Neither the said Committee nor any member thereof, nor the present owner of said real estate, shall be in any way responsible or liable for the

loss or damage, for any error or defect which may or may not be shown on any plans and specification's or on any plot or grading plan, or planting or other plan, or any building or structure or work done in accordance with any other matter whether or not the same has been approved by the said Committee or any member thereof, or the present owner of said real estate.

5. Constructive Evidence of Action By Architectural Committee: Any title company or person certifying, guaranteeing, or insuring title to any building site, lot or parcel in such Subdivision, or any lien thereon or interest therein, shall be fully justified in relying upon the contents of the certificate signed by any member of the Architectural Committee and such certificate shall fully protect any purchaser or encumbrancer in good faith in acting thereon.

3. Minimum Dwelling - Quality and Size: It is the intent and purpose of these covenants -to assure that all dwellings shall be of the quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded. For single family dwellings, the ground floor area above surrounding grade or the main structure, exclusive of open porches and garage, shall be not less than 1,600 square feet, for a dwelling of less than two stories; in the event the main structure is a two-story dwelling, the ground floor area, exclusive of open porches and garage, shall be not less than 900 square feet, and the total required floor area shall not be less than 1,800 square feet, exclusive of open porches and garage.

4. Building Location: No building shall be located on any lot nearer than twenty-five (25) feet to the front street right-of-way or nearer than twenty-five (25) feet to the rear lot line, except no building shall be located on any lot bordering the lake nearer than thirty (30) feet to the rear lot line; no part of a dwelling shall be located nearer to a side lot line than ten (10) feet unless a different distance is set forth on the recorded plat. With respect to all lots, no structures or fences shall be erected in the front set back lines. With respect to lots bordering upon the lake, no structures or fences or plantings shall be erected in the rear thirty (30) feet thereof except with the permission of the Architectural committee. It is the intent of this covenant to provide a reasonable view of the lake to all owners of lots bordering upon the lake; it is not intended to prohibit all structures, fences, and planting, but merely to control the nature and extent thereof.

Where a building site consists of more than one lot, the above provisions shall be applicable to the boundary lines of a building site rather than the platted lot lines. Accordingly, the Architectural Committee shall have the power to increase the side yard requirements to a minimum of fifteen percent (15) of the width of the building site consists of more than one lot; this power is in addition to the power of the Architectural Committee set forth in Paragraph 2, Subparagraph (b) above.

5. Dwellings per Building Site: Only one dwelling structure shall be constructed per building site; no replatting or subdividing of these lots shall be permitted, the effect of which would be to reduce the area of width below ninety percent (90%) of the area and width as platted.

6. Easements: Easements for installation and maintenance of underground utilities and drainage facilities are reserved as noted on the recorded plat and also upon the front ten (10) feet of all lots. No building or outside facility within the subdivision shall be supplied with utility service lines above the surface of the ground. Each lot owner shall grant a written easement for such underground service upon request of the interested utility. All utilities serving this subdivision and all connections made thereto shall be located beneath the surface of the ground excepting therefrom transformer installations and service pedestals. Required above ground appurtenances to the underground utility system shall be located within six (6) feet of the side lot lines.

7. Percentage of Lot Coverage: All buildings on a building site, including accessory buildings and the additional area enclosed by a fence, the nature of which obstructs view through it, shall not cover a total of more than thirty percent (30) of the building site, except with the prior express written approval of the Architectural Committee.

8. Permissible Building: Order of Construction: All buildings erected on any building site shall be constructed or material of good quality suitably adapted for use in the construction of residences, and no old building or buildings shall be placed on or moved to said premises. Accessory buildings shall not be erected, constructed, or maintained prior to the erection or construction of the dwelling. The provisions herein shall not apply to temporary buildings and structures erected by builders in connection with the construction of any dwelling or accessory building and which are promptly removed upon completion of such dwelling or accessory building.

9. Non-Occupancy and Diligence during Construction: The work of construction of any building or structure shall be prosecuted diligently and continuously from the time of commencement until the exterior construction shall be fully completed an the interior construction is substantially completed, and no such building or structure shall be occupied during the course of original exterior construction or until made to comply with the restrictions and conditions set forth herein. No excavation except as is necessary for the construction of improvements shall be permitted. No partial construction shall be suspended for more than twenty (20) working days.

10. Maintenance of Lot Site during Construction: During the course of construction all materials and equipment shall be stored only on the lot on which construction is underway; debris and waste involved in the construction shall be confined to the lot on which construction is underway and shall be removed from the premises each Saturday or be suitably covered. Lightweight debris shall be stored in containers to avoid blowing upon adjacent lots. No burning shall take place, of debris, upon the premises except in compliance with applicable ordinances. The intent of this covenant is to maintain and preserve a clean and neat appearance in the subdivision at all times.

11. Temporary Structures: 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.

12. Signs: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by the builder during construction which are attached to the building, or signs of the Developer, Josef C. Hallbeck.

13. Oil and Mining Operations: No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, an no oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas. shall be erected, maintained, or permitted upon any lot. No person, firm, or corporation shall strip, excavate, or otherwise remove soil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

14. Livestock and Poultry: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two dogs, cats, or other common household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.

15. Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, grass, or other cuttings and other waste shall be kept only in sanitary containers and shall not be dumped upon any other lot in the subdivision. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and stored in a manner either inside a garage or other building or below ground so as not to be visible from other property.

16. Storage: No building material of any kind or character shall be placed or stored upon a building site until the owner is ready to commence improvements in compliance with an approved architectural plan and then such materials shall be placed within the property lines of the building site upon which improvements are to be erected.

17. Street Sight Line Obstruction: No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines extended. Further, none of the above described obstructions shall be placed or permitted to remain in the triangular area formed by a street right-of-way line, either edge of any driveway, and a line connecting a point thirty (30) feet outward from either side of a driveway and a point on the edge of the driveway towards the building fifteen (15) feet from the street right-of-way line.

18. Sewerage System: A sanitary sewer system has been installed in the subdivision and, therefore, no individual sewage disposal system shall be installed or maintained on any lot.

19. Off-street Parking: All property owners shall provide a garage for the number of automobiles in use by the residents on the property. All property owners or residents in the Subdivision owning or possessing trucks, trailers, campers, boats, motorcycles or motor homes which they desire to park in the subdivision shall provide and use an enclosed garage for the storage of same when not in motion.

20. Sidewalks and Driveways: Each property owner shall repair and maintain in good condition any sidewalk provided for his respective lot until such time as the responsibility for repair and maintenance has been accepted by public authorities. Driveways between public walk and residence must be paved with concrete or asphalt. Driveways between the sidewalk and street shall be paved with concrete or asphalt, or Portland cement, minimum of five (5) inch thickness.

21. Post Lantern: Each lot owner shall, upon actual occupancy of his lot, install and maintain an electric post lantern within ten (10) fact of the intersection of his driveway an street right-of-way. The lantern shall be illuminated during the hours of darkness and shall be equipped with an automatic control device for this purpose. The lantern shall be equipped with appropriate lights having an equivalent minimum of seventy-five (75) watts,

22. Nuisances: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood; weeds on vacant lots shall be cut when twelve (12) inches high. If the lot owner fails to do so the Architectural Committee may cause weeds to be cut and a lien may be filed against the property for week mowing, not to exceed $50 per cutting. Lot owners shall endeavor to keep lots clean of debris and waste materials so as to preserve a neat appearance in the subdivision.

23. Waiver: The failure of the Architectural Committee, any building site owner or the present owner of said subdivision to enforce any of the restrictions, conditions, covenants, reservations, liens, or charges to which said property, or any part thereof, is subject, shall in no event be deemed a waiver of the right to do so thereafter or to enforce any other restriction, condition, covenant, reservation lien or charge.

24. Annexation Agreement: All lot owners are required to annex their property to the City of Champaign as provided in the Annexation Agreement.

25. Enforcement: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. The Homeowner's Association shall also have the power to seek appropriate remedy for the enforcement of these covenants.

26. Authority to Release Rights: The owners of legal sites in CHERRY HILLS FIFTH, An Addition to Champaign County, Illinois, shall have the authority at any time to release all or, from time to time, any part of the restrictions, conditions, covenants, reservations, liens, or charges herein set forth applicable to such area and upon the recording of such waiver or release in the Recorder's Office of Champaign County, Illinois, such restrictions, conditions, covenants, reservations, liens, or charges shall no longer be required under the provisions herein set forth.

27. Homeowner's Association: It is understood that all lot owners shall be members of the CHERRY HILLS Homeowner's Association, a not for profit corporation organized under the laws of the State of Illinois. All lot owners agree to accept membership in said association and to abide and

be bound by the reasonable rules and regulations of said association and to maintain membership therein so long as such lot ownership is retained. Each owner-member shall be subject to assessment for annual dues to the association not to exceed $100.00 (one hundred dollars) unless a larger amount is approved by the owners of 80% of the lots. It is further specifically understood that fire service protection shall be contracted for the subdivision through the HomeownerÕs Association and that each lot not within the City of Champaign will be subject to an assessment for its prorata share of the expense of the contract with the fire department and for fire hydrant rental. The rights of membership are subject to the payment when due of annual and special assessments levied by the Association. The obligation of assessments is imposed against each owner of and becomes a lien upon said ownerÕs land in CHERRY HILLS FIFTH against which such assessments are made, including assessments for fire protection service, so long as said ownerÕs land is not incorporated within the boundaries of the municipality of the city of Champaign, Illinois. Defaulting members shall be liable to the Association for all costs and expenses, including attorneyÕs fees, incurred by the Association in collecting unpaid assessments.

Accordingly, the Homeowner's Association shall have the following powers:

(a) Authority to enforce these covenants.

b) Authority to levy a fire protection assessment and to have assessment collected as a part of real estate taxes.

(c) Authority to levy dues assessments.

The forgoing provisions contained in 27 shall not apply to Owner herein; the Champaign National Bank, Trustee Under Trust Number 030-877-617.

28. Lake Association: Owners of any lot bordering upon a lake, Lot 143, shall be members of the Cherry Hills Lake Association now or hereinafter in existence and be bound by the Articles of Incorporation, By-laws and reasonable rules and regulations of said Association and to maintain membership therein so long as such lot ownership is retained. Each owner-member shall be subject to assessment for annual dues to the Association in an amount determined by the Board of Directors of the

Association not to exceed $250.00 per year per lot, unless approved by the owners of the majority of the lots bordering the lake. The obligation of assessments is imposed against each owner of and becomes a lien upon said owner's land against which such assessments are made. Defaulting members

shall be liable to the Association for all costs and expenses including attorney's fees, incurred by the Association in collecting unpaid assessments.

The foregoing provisions contained in 28 shall not apply to Owner herein, the Champaign National Bank, Trustee Under Trust Number 030-877-617.

29. Use of Lake: With respect to the lake, it is provided as follows:

(a) Lake water shall not be used for ground watering purposes.

(b) No pollutants shall be discharged into the lake; accordingly,

Owners shall be responsible for prohibiting the discharge of pollutants from their respective lots into the lake. A violation of this provision shall subject the lot owner to a penalty of $25.00 for each

violation, if any, the penalties shall be $15.00 per day for each day that the lot owner permits the violation to continue to occur after notice thereof to the lot owner.

(c) Boats longer than 14 feet in length shall not be permitted upon the lake. No boat shall be equipped with mechanized power except an electric trolling type motor.

30. Commons Owner's Association: Owners of any lot bordering upon a commons, Lot 152 in cherry Hills fourth and Lot 204 in CHERRY HILLS FIFTH, shall be members of a Commons OwnerÕs Association now or hereinafter in existence, a not-for-profit corporation or association, and be bound by the Articles of Incorporation, Bylaws and reasonable rules and regulations of said Association and to maintain membership therein so long as such lot ownership is retained. Each owner-member shall be subject to assessments for annual dues to the Association in an amount to be determined by the Board of Directors of the Association not to exceed $250.00 per year per lot, unless approved by the owners of the majority of the lots bordering the commons areas. The obligation of assessments is imposed against each owner of and becomes a lien upon said owner's land against which such assessments are made. Defaulting members shall be liable to the Association for all costs and expenses including attorney's fees, incurred by the Association in collecting unpaid assessments. Maintenance of and real estate taxes for the commons areas, as well as such insurance as determined by the Association, shall be the responsibility of the Commons OwnerÕs Association, and use of the commons areas shall be in accordance with reasonable rules and regulations of said Association. Title to the commons areas shall be transferred to said Association upon sale of a majority of the lots bordering the commons areas.

The foregoing provisions contained in 30 shall not apply to Owner herein, the Champaign National Bank, Trustee Under Trust Number 030-877-617.

30. Term: Except as provided in Paragraphs 28, 29 and 30, these covenants are to run with the land and shall be binding upon all parties and all persons under them for a period of twenty-five (25) years from the date of these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a person or persons then owning a majority of the platted lots in CHERRY HILLS FIFTH, An Addition to Champaign County, Illinois, has been recorded, agreeing to change said covenants in whole or in part except as to annexation requirements imposed under the Annexation Agreement. .

31. Construction: If it shall at any time be held that any of the restrictions, conditions, covenants, reservations, liens, or charges herein provided, or any part thereof, is invalid or for any reason becomes unenforceable, no other restrictions, conditions, covenants, reservations, liens, or charges, or any part thereof, shall be thereby affected or impaired.

32. Satellite Dishes, Antennas & Other Equipment: No satellite dishes, antennas, transmitting or broadcasting equipment, appurtenances thereto, or similar equipment, shall be placed, stored, kept or used upon any lot at any time, either temporarily or permanently.

33. Interpretation consistent with Pre-Annexation Agreement: Application of any provision contained herein, and interpretation thereof, shall be consistent with the Annexation Agreement.

IN WITNESS WHEREOF, this instrument has been executed by the Owner of that tract of real estate included in CHERRY HILLS FOURTH, An Addition to Champaign County, Illinois, the same being THE CHAMPAIGN NATIONAL BANK as Trustee and not individually, which has caused its corporate seal to be affixed hereto an has caused its name to be signed to these presents by its president and attested by its trust officer this _____ day of _______,

1987, at Champaign, Illinois.

THE CHAMPAIGN NATIONAL BANK,

as Trustee as aforesaid and not

individually

BY: (as per signature recorded)

STATE OF ILLINOIS

COUNTY OF CHAMPAIGN

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT _______________and _______________to me personally known to be ___________ and ____________. Respectively, of THE CHAMPAIGN NATIONAL BANK, a corporation, and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Officers, respectively, they signed, sealed, and delivered the said instrument as the free and voluntary act of said Bank for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the Board of Directors of said Bank, Given under my hand and Notarial Seal this _____ day of _________ 1986.

Notary Public (signature recorded)

PREPARED BY:

Charles L. Palmer

Franklin, Flynn & Palmer

402 West Church Street

P. 0. Box 1517

Champaign, 1L 61820

Telephone (217) 352-5181

Rider Attached to and made a part of the Owners Certificate for cherry Hills Fifth, an Addition to Champaign County, Illinois, April 15, 1988 under Trust No. 030-877-617

It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part of the Trustee are nevertheless each and every one of the, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trust of for the purpose or with intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the CHAMPAIGN NATIONAL BANK on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released.