RESTRICTIVE COVENANTS

The undersigned, being the owners of the following described real estate, to-wit:

Lots 1 through 48, inclusive, of Thunder Valley Estates in the City of Peosta, Iowa, hereby make the following declarations as to limitations, restrictions and uses to Lots 1 through 48, inclusive, of Thunder Valley Estates in the City of Peosta, Iowa, may be put,

hereby specifying that said declarations shall constitute covenants to run with all said lots, as provided by law, and shall be binding upon the heirs, successors and assigns of all parties and all persons claiming under them and for the benefit of and limitations upon all future owners of said lots as described above.

ARTICLE I

(A.1.a.1) All lots shall be utilized solely and strictly for single family residential purposes with the exception of the lots identified in ARTICLE II below allowing for certain lots to be eligible for construction of two-unit side-by-side townhouse or duplexes.

(A.1.a.2) No buildings shall be erected on any residential building lot nearer than 25 feet to the front lot line nor nearer than 8 feet to any side lot line. On corner lots no building shall be erected nearer than 25 feet to the side street line. For the purposes of this paragraph, all measurements shall be taken from that portion of the structure nearest the property line in question. Rear property line and other property set back requirements shall conform to the City of Peosta zoning ordinances. (

A.1.a.3) All construction within the subdivision shall be of new materials. All dwellings shall present their most attractive fronts to the street in the subdivision upon which the lot abuts. After window and door square footage is deducted, 30% of the remaining square footage of the front shall be brick and/or stone.

(A.1.a.4) No structure shall be erected or permitted on any lot zoned for single family use other than a single family dwelling, not to exceed two stories in height (excluding basement and attic) and any garage for less than two motor vehicles. The developer reserves the right to use any lot for an office and may change location of said office from time to time. No storage shed or any other non-attached accessory building shall be allowed.

(A.1.a.5) No single family dwelling shall be erected or permitted having a ground floor square foot area, exclusive of open porches or garages, of less than 1,350 square feet for a one story home, not less than 1,800 square feet for a 1½ or a 2 story home with a minimum of 1,200 square feet on the first level and 600 square feet on the second level, with a roof pitch no less than 7/12.

(A.1.a.6) The builder shall be responsible for installing the sidewalk for all properties abutting the North side of Ulyana Drive.

(A.1.a.7) No trailer, trailer house, pre-fab, or manufactured house, foundation, basement, garage, shack, or other non-dwelling type building shall be used as a residence, temporarily or permanently. No mobile home, pre-fab, or manufactured house, shall be moved onto a lot or constructed on the lot.

(A.1.a.8) No noxious or offensive activity shall be carried on in any house, building, or on any lot, nor shall anything be done therein or thereon which may be or become a nuisance to the neighbors or neighborhood.

(A.1.a.9) No automobile, bus, truck, machinery, trailer, boat, recreation vehicle, or any other similar vehicle may be stored on any part of the lot, except within a garage. All applicable laws regarding the parking and storage of machinery and vehicles on public streets shall be obeyed.

(A.1.a.10) No junk or materials of any nature shall be stored or kept on any part of a lot, except that building materials may be stored or kept for the purpose of immediate incorporation into a structure on the said real estate.

(A.1.a.11) No building shall be erected, placed or altered on any lot until the construction plans, specifications and a plan showing the location of the structure have been approved by Crosvik Development, L.L.C., as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade level. No fence or wall shall be erected or placed on any lot unless approved by Crosvik Development, L.L.C.

(A.1.a.12) No lot may be subdivided without written consent of Crosvik Development, L.L.C.. Adjoining lots may be combined for the purposes of the construction of a dwelling house, but in no event shall more than one dwelling house be permitted on any lot unless approved by Crosvik Development, L.L.C.

(A.1.a.13) Once excavation has commenced on a lot for the purpose of building on a lot, the house or building on said lot shall be fully completed within one year of that time. Sodding, seeding and final landscaping must be completed no later than one year from the commencement of the excavation on the lot. In any event, soil erosion shall be kept to a minimum and within the limits as provided by law.

(A.1.a.14) No trash or garbage shall be kept on any lot, except in adequate sanitary containers, and all lots shall be kept free of weeds and debris with the lot owner responsible for all yard maintenance. No materials are to be buried on any portion of the lot or lots within subdivision.

(A.1.a.15) No animals of any kind, including but not limited to livestock, chicken or fowl, shall be raised, bred, housed, quartered, or kept on any lot, except that dogs and cats and other ordinary household pets may be kept and housed, provided that they are not kept, bred, housed or maintained for any commercial purpose. No outside kennels will be permitted, except if attached to the rear of the house and no larger than 144 square feet.

(A.1.a.16) Only one family shall occupy any house.

(A.1.a.17) A perpetual public utility easement is reserved over each lot for the installation, repair and maintenance of all utilities, including electricity, telephone and cable TV, all as shown on the plat of the above described lots in Thunder Valley Estates. All said utilities shall be placed underground.

(A.1.a.18) These covenants and restrictions shall run with the land and shall be binding on all parties hereto, their heirs, successors and assigns, and on persons claiming under them for a period of twenty-one (21) years from the date these covenants are recorded, at which time the covenants and restrictions may be extended by filing a verified claim pursuant to the Iowa Code.

(A.1.a.19) In case the parties hereto, or any of them, or their heirs, successors or assigns, shall violate or attempt to violate any of the covenants and restrictions herein, it shall be lawful for any other person or persons owning any lot in said subdivision, or any other interested party or parties, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions, to either prevent him or them from so doing, or recover damages for such violation, or both. The prevailing party in litigation associated with this paragraph shall be entitled to reasonable attorney fees in addition to any and all other damages awarded.

(A.1.a.20) The invalidation of any one of these covenants or restrictions, or any part thereof, by judgment or court order shall in no way affect any of the other provisions and all other provisions shall remain in full force and effect.

(A.1.a.21) All earth excavated in the construction of a dwelling and not used on the premises of the lot shall be removed to such place or places as designated by Crosvik Development, L.L.C., at the lot owner's cost.

(A.1.a.22) No signs, bill boards, or advertising devices, except those used in the sale of said property, shall be placed on any lot or building of said subdivision.

(A.1.a.23) All driveways leading from any street in the subdivision shall be of hard surface construction.

(A.1.a.24) Firewood shall be stored within the residence. If stored outside, it shall be stacked and racked immediately adjacent to the rear of the residence in an orderly fashion. If the wood is purchased by the truckload, it must be cut and stacked within two weeks.

(A.1.a.25) No firearms, air rifles, or BB guns shall be discharged within said lots and no hunting of any animals shall be permitted within said lots.

(A.1.a.26) All existing trees, bushes, and shrubs shall be protected in their native state as much as possible except as the same may interfere with a proposed sanitary disposal system or with a proposed structure and lawn.

ARTICLE II

With regards to Lots 15 through 27, inclusive, of Thunder Valley Estates in the City of Peosta, Iowa,

(A.1.a.1) All of the aforesaid described lots may be used as and for two-unit side-by-side townhouse or duplex for family residence and a private garage attached to each one-half of the townhouse or duplex, which garage shall contain parking space for not less than one, nor more than three, automobiles, for the sole use of the owners and occupants of each townhouse or duplex unit.

(A.1.a.2) No building on any lot shall be erected nearer than 25 feet from the property line abutting any street and nearer than 8 feet from any other property line, except for the rear property line, zero lot line, and other property set-back requirements which shall conform to the City of Peosta Zoning Ordinance. The Developer, Crosvik Development, L.L.C., may subdivide the above lots into two separate lots with zero lot lines, if they elect to do so. The Developer, Crosvik Development, L.L.C., may authorize, in writing, an individual owner to subdivide the above lots into two separate lots with zero lot lines if they elect to do so. For purposes of this paragraph, all measurements shall be taken from that portion of the structure nearest the property line in question.

(A.1.a.3) No portion of the two-unit side-by-side townhouse or duplex and attached garage shall be erected and maintained on any lot, which is more than two stories (excluding basement and attic), said height limitations to be measured from the grade level of the curbing adjacent to any street. The square footage area of each unit of the townhouse or duplex shall be a minimum of 1,200 square feet with a roof pitch no less than 7/12. The overall aesthetics shall conform with the rest of the subdivision. Each unit shall have a minimum of a one car attached garage.

(A.1.a.4) No building shall be erected, placed or altered on any lot until the construction plans, specifications and a plan showing the location of the structure have been approved by Crosvik Development, L.L.C., as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade level. No fence or wall shall be erected or placed on any lot unless approved by Crosvik Development, L.L.C.

(A.1.a.5) No lot may be subdivided without the written consent of Crosvik Development, L.L.C. No townhouse shall be constructed upon any lot unless written approval for the type of construction of any such two-unit side-by-side townhouse has been obtained from Crosvik Development, L.L.C.

(A.1.a.6) All covenants set forth in ARTICLE I that are not inconsistent with ARTICLE II shall apply to all lots listed in ARTICLE II.