FIRST: LAND USE AND BUILDING TYPE: Each of the aforesaid lots shall be used for one family residential purposes only and any dwelling constructed thereon shall contain a minimum of 2,000 square feet and shall not exceed two (2) stories in height. No business or commercial buildings may be erected on any lot and no business may be conducted on any part thereof. No lot shall be used as a church, synagogue or other place of assembly for group worship or group meditation. No lot shall be used as a day-care center or group home for children or adults unrelated to the record owner of the lot. Temporary uses for model homes parking lots and/or sales offices shall be permitted for any builders who may buy lots from

Declarant on lots owned by Declarant or any of said Builders.

SECOND: GARAGES: There shall be private garages, large enough to store at least two (2) cars but not more than three (3) cars, attached to each one family residence. No detached garages shall be permitted on any of said lots.

THIRD: OWNER MAINTENANCE: Each owner shall keep and maintain all of the

land and buildings owned by such owner in good condition and repair, including but not limited

to the repairing, staining, or painting (or other appropriate external care) of all buildings and improvements, as well as the seeding, watering, mowing of all lawns, the pruning and trimming of all trees, hedges, shrubbery, and other plantings so that the same are not detrimental to adjoining lots, obstructive of view of street traffic, or unattractive in appearance. Each lot owner shall maintain the entire property to include all lawns, shrubbery and trees in the street right-of-way adjacent to such owner's lot.

FOURTH: BUILDING LOCATION: No building shall be located nearer to any street

line than the building line set forth on the aforesaid subdivision maps, except as same may be modified by a variance granted by the Zoning Board of Appeals of the Town of Sullivan. No building shall be located nearer to each side or rear lot line than that regulated by the Zoning Ordinance of The Town of Sullivan except as modified by a variance granted by the Zoning Board of Appeals of the Town of Sullivan. For the purposes of this covenant and except as otherwise set forth in said Zoning Ordinance, eaves, steps and open porches shall not be considered as part of a building; provided, however, that this shall not be construed to permit any part of a building on a lot to encroach upon another lot.

FIFTH: NUISANCES: No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or a nuisance to the neighborhood. No receptacle of any nature or description shall be placed, erected, or maintained for the storage or depositing of garbage or refuse matter within street view, nor shall there be deposited any garbage or refuse in an unclosed receptacle within the

same area.

SIXTH: TEMPORARY STRUCTURES: No structure of a temporary character, basement, tent, shack, garage, barn or other building shall be used on any lot at any time as a residence, either temporarily or permanently. All sheds shall be the same exterior color as the dwelling. All non-permanent structures will be located behind the rear line of the dwelling. No trucks other than pickup trucks used for passenger purposes, mobile homes, shall be parked on the side of any house or on the front portion of the lot in said subdivision. No non-operable or non-registered motor vehicles (including snow mobiles) may be stored on an outside portion of the property at any time.

SEVENTH: MACHINERY: No machinery shall be placed or operated upon any lot except such machinery as is customarily used in the maintenance of a private residence or as may be located indoors and used in the pursuit of any home hobby.

EIGHTH: REPAIR WORK: No extensive repair work, including but not limited to the dismantling of any motor vehicle, boat or machine of any kind, shall be permitted outdoors on any lot.

NINTH: NOISE: The sound level, as measured at the edge of a lot, which is produced by mechanical, electrical, or vehicle operation on the lot, shall not exceed the average intensity of the street traffic in that area.

TENTH: LIGHTS: The use of high intensity light sources shall be controlled so that the

neighboring properties and the vision of drivers of moving vehicles shall not be adversely affected by any glare of excessive light.

ELEVENTH: FENCES OR ENCLOSURES, MAILBOXES: No hedge, fence, wall or any other form of an enclosure (other than a permanent wall commonly termed a retaining wall) shall be erected, placed or permitted to remain upon that portion of any lot in the Subdivision, which lies between the front line of the main building erected on such lot and the road line. Any fence constructed on a lot shall be of wood, wrought iron or vinyl with no wire or chain-link

fences being permitted. The Builder shall provide and install and each owner shall maintain a standardized decorative quality wood, metal or vinyl mailbox on each owner's lot.

TWELFTH: SIGNS: No sign or plaque or other writing other than "For Sale" signs no larger than 30 inches by 30 inches, shall be placed or permitted to remain upon any part of a lot or the structure erected thereon, except one sign for professional purposes, or for designating the name and address of the resident therein, which shall not exceed four (6) inches in height, sixteen (16) inches in length, and one (1) inch in thickness and which shall be made of wood.

This restriction shall not apply to Declarant or to builders of homes within the Subdivision during the period of marketing and construction only.

THIRTEENTH: DOMESTIC ANIMALS: Not more than two (2) domestic animals shall be kept upon any residential premises at any time. All animals must be kept on a leash when

they are outside the owner's property and must not become a nuisance to other owners by barking or other acts.

FOURTEENTH: SWIMMING POOLS, CLOTHES LINES, OUTSIDE ANTENNA: No

above ground swimming pool, clothes line pole of a permanent nature, outside television antenna, radio antenna or any receiver dish larger than 1 meter in diameter shall be permitted on any portion of any lot in the subdivision.

FIFTEENTH: DRIVEWAY AND LANDSCAPE: Within two (2) years of the date

of closing on the newly constructed home, the driveway will have an asphalt, concrete or brick paver surface (at least two cars wide) at the owner's expense. Also, within one (1) year of the date of closing on the newly constructed house, landscaping will be installed and maintained consistent with the overall standard of the subdivision.

SIXTEENTH: WETLAND AND FLOOD PLAIN LOTS: No dredging or filling of any kind or nature shall be allowed or permitted on that portion of any lot that is described as a Wetland without first obtaining any and all necessary permits required from federal, state and local agencies; and more specifically, from the Department of the Army Corps of Engineers and from the New York State Department of Environmental Conservation.

Pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344), the Army Corps of Engineers regulates the discharge of dredged or fill material into wetlands and waters of the U.S. The regulations under which the Corps of Engineers operate are contained in Title 33, Code of Federal Regulations, Parts 320 to 330 inclusive, as such rules and regulations may be amended from time to time. Inquiries as to such permits may be made to the Department of the Army, Buffalo District, Corps of Engineers, at its then current address. The New York State

Department of Environmental Conservation regulates work in Wetlands pursuant to Article 24 of the EnvironmentalConservation Law as such rules and regulations may be amended from time to time. Inquiries as to such permits may be made to the New York State Department of Environmental Conservation, Region 7, at its then current address.

SEVENTEENTH: ENFORCEMENT: Enforcement shall be by proceedings at Law, or in

Equity, against any person or persons violating or attempting to violate any covenant, condition

or restriction contained in this Declaration, either to restrain or enjoin such violation or to recover damages for said violation. The owner of any said lot that is found to have violated or attempted to violate said covenants, conditions and/or restrictions, shall be liable for all legal costs, including reasonable attorney's fees occasioned by any necessary litigation to enforce same.

EIGHTEENTH: SEVERABILITY: The invalidation of any of these covenants, conditions and restrictions by judgment or court order, shall in no way affect the validity of any of the other provisions hereof, all of which shall remain in full force and effect.

NINETEENTH: WAIVERS: The Town of Sullivan shall have the right to waive or modify minor violations or encroachments upon the foregoing building line, front line, side lines, side street line or rear lot line restrictions on any lot in said subdivision.

TWENTIETH: PLANS: All plot plans and blue prints of homes to be constructed including exterior color choices must be approved by the Lakeview Meadows Board of Trustees before work can begin on any said building. All building permits must be issued by The Town of Sullivan.

TWENTY FIRST: AMENDMENT: While any lots are owned by Declarant, the

aforementioned covenants, conditions and restrictions, or any part of same, may be waived,

altered or cancelled by Declarant at any time and from time to time by the recordation of an

instrument executed by Declarant. After that time, the covenants, conditionsand restrictions

may be waived, altered or cancelled by a vote of two-thirds of the owners of all of the lots in the Lakeview Meadows Subdivision and the filing of a resolution in the Madison County Clerk's Office which confirms such vote and action.