DECLARATION OF REGULATIONS, COVENANTS,

CONDITIONS AND RESTRICTIONS

The undersigned, POINTE DEVELOPMENT, LLC, a Kentucky Limited Liability Company, is the “Owner”, “Developer” and “Declarant”, as those terms are used hereinafter, do this 17^th day of October 2000, adopt the following Regulations, Covenants, Conditions and Restrictions for THE POINTE, Section VI.

WITNESSETH: The undersigned being the owner of all the lots of THE POINTE, Section VI, situated in Bullitt County, Kentucky do hereby adopt the following Regulations, Covenants, Conditions and Restrictions, which Regulations, Covenants, Conditions and Restrictions shall apply to all of the lots in THE POINTE, Section VI, as shown on plat styled THE POINTE, Section VI, which plat is recorded in Plat Cabinet 2, Slide 461 in the office of the Clerk of the Bullitt County Court, as follows:

The Declarant hereto intending to establish a general plan for the use, occupancy and enjoyment of said Subdivision hereby declares that for the mutual benefit of its present and future owners, all lots therein shall be subject to the following restrictions:

1.           (a) Primary Use Restrictions: No lot shall be used except for private single family residential purposes. No structure shall be erected, placed or altered or permitted to remain on any lot except one single family dwelling designed for the occupancy of one single family, not to exceed two and one-half stories in height in the front elevation and three and one-half stories in height in the rear elevation and containing an attached two or three car garage for the sole use of the owner and occupants of the lot. A garage is not required.

(b) There shall be no further subdividing of the lots in THE POINTE, Section VI, unless approved in writing by the Developer.

(c) No portion of any lot in THE POINTE, Section VI, shall be used for ingress or egress to another lot unless approved in writing by the Developer.

2.          Minimum Floor Areas: The following shall be the minimum floor areas for homes to be

constructed after the instrument in recorded:

(a)    The ground floor area of a one story house shall be a minimum of 1,400 square feet,

exclusive of the garage, basement and porches.

(b)    The ground floor area of a one-half story house shall be a minimum of 1,000 square

feet, exclusive of the garage, basement and porches.

(c)    The total floor area of a multi-level house shall be a minimum of 1,400 square feet,

exclusive of the garage, basement and porches.

(d)    The ground floor area of a two story house shall be a minimum of 900 square feet,

exclusive of the garage, basement and porches.

(e)    Finished basement areas, garages and open porches are not included in computing

floor areas under this Section.

3.          A landscape plan shall be submitted to the Developer for approval in writing, which plan

shall show the trees, shrubs and other plantings to be planted on the lot. Each landscape plan shall have a minimum of two six foot deciduous trees in the front yard and in the case of a corner lot, two additional trees of at least the same size.

4.          No building shall be located on any lot nearer to the front lot line or nearer to the side

street line than the minimum building set-back lines shown on the recorded plat. For the purposed of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

5.          No trade or business of any kind (and no practice or medicine, dentistry, chiropractic or

like endeavors) shall be conducted on any lot, nor shall anything be done thereon which may welcome an annoyance or nuisance to the neighborhood. Notwithstanding the provisions hereof, a new house may be used by a builder thereof as a model home for display or for the builder’s own office, provided said use terminates within eighteen months from completion of the house or upon such additional period of time as may be expressly agreed to in writing by Developer or any entity, person, or association to whom it may assign such right.

6.          No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other

outbuildings shall be used on any lot at any time as a residence either temporarily or permanently.

7.           No sign for advertising or for any other purposes shall be displayed on any lot or a

building or a structure on any lot, except on sign for advertising the sale or rent thereof, which shall not be greater in area than nine square feet: provided, however, Developer shall have the right (1) to erect larger signs when advertising the Subdivision; (2) to place signs on lots designating the lot number of the lots; and (3) following the sale of a lot, to place signs on such lot indicating the name of the purchaser of that lot. This restriction shall not prohibit placement of occupant name signs and lot numbers as allowed by applicable zoning regulations.

8.          The construction of any residence, building or other structure on any lot shall be

completed within one (1) year from beginning date of said construction.

9.           From and after the date of purchase of a lot until construction of a single family residence is started, Developer shall have the exclusive right to perform all maintenance on the lot, including, but not limited to, mowing. Each owner shall be assessed an annual fee payable in January of each year at the rate of $10.00 per month for the first three years following the date the lot owner acquires title to the lot; thereafter, each lot owner shall be assessed an annual fee equal to Developer’s actual cost of such maintenance, including overhead and supervision costs, until construction of a single family residence is started on such lot.

10.        From and after the date of construction of a single family residence on a lot is started, it shall be the duty of each lot owner to keep the grass on the lot properly cut, to keep the lot free from weeds and trash, and to keep it otherwise neat and attractive in appearance. Should any owner fail to do so, then Developer, or any entity, person or association to whom it may assign the right, may take such action as it seems appropriate, including mowing, in order to make the lot neat and attractive. The owner shall immediately upon demand, reimburse Developer or other performing part for all costs expended.

11.        (a) The exterior building materials of all structures (including storage buildings or pool houses) shall extend to ground level and shall be either brick, stone, brick veneer, or stone veneer or a combination of same. However, Developer recognizes that the appearance of other exterior building materials (such as wood or vinyl siding) may be attractive and innovative, and reserves the right to approve in writing the use of other exterior building material.

(b) The roof pitch of any residential structure shall not be less than 6 inches vertical for

every 12 inches horizontal for structure with more than one story, and 6 inches vertical for

every 12 inches horizontal for one story structures.

12.      No building shall be erected, placed or altered on any lot in Section VI of THE POINTE

until building plans and specifications and plot plans showing the locations of such

buildings have been approved in writing as to conformity and harmony of external design

with the existing structures in the subdivisions and as to location of the building with

respect to topography and finished ground elevation by the Developer.

13.      No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot,

except that dogs, cats or other household pets may be kept; provided that they are not

kept , bred or maintained for any commercial purposes.

14.      No outside clothes line shall be erected or placed upon any lot.

15.        No fence or wall of any nature may be erected toward the front or street side property line beyond the front or side wall of the residence on that lot. No fence of any nature may be erected on any lot, except a fence surround of an in-ground swimming pool. No chain link fences shall be permitted. All fencing and walls for fencing must be approved by Developer.

16.        No under or above ground swimming pool shall be erected or placed on any lot, unless it’s design, placement and site location is shown by accurate survey and approved in writing by Developer or by an entity, person or association to whom they may assign the right.

17.        All mail boxes and paper boxes will be supplied by Developer, at cost, in order to provide uniformity. Lot owners must purchase the mailbox before residing in constructed houses.

18.        Each lot owner shall concrete or asphalt the driveway within six month after completion of a single family dwelling.

19.        All vehicles, trailers, boats, etc. must be parked on the driveway surface or housed in a garage.

20.        Use of front lawn area: No portion of the within described premises nearer to any highway than the building lines as hereinbefore fixed, shall be used for any purpose other than that of a lawn. Nothing herein contained, however, shall be constructed as preventing the use of such portion of said premises for walks and drives, the planting of trees and shrubbery, the growing of flowers or ornamental plants or for statuary foundations and similar ornamentation for the purpose of beautifying said premises but no vegetables, so-called, nor grains or the ordinary garden or field variety shall be grown upon such portion of the premises an no weeds, underbrush, or other unsightly growths shall be permitted to grow or remain anywhere upon said premises and no unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon.

21.        (a) Each owner of a lot shall, at his sole cost and expense, repair his residence, keeping the same in condition comparable to the condition of such residence at the time of its initial construction, excepting only normal wear and tear.

(b) If all or any portion of a residence is damaged or destroyed by fire, or other casualty, then the owner shall, with all due diligence, promptly rebuild, repair or reconstruct such residence in a manner which will substantially restore it to its apparent condition immediately prior to the casualty.

22.      No lot shall be used or maintained as a dumping ground for rubbish, trash or garbage.

Trash, garbage or other waste shall not be kept except in sanitary containers.

23.      No carport shall be constructed on any lot unless approved in writing by the Developer,

such approval may be withheld arbitrarily and unreasonably by the Developer at his sole discretion.

24. Accessory Building : No barn, shed, shop or other outbuildings shall be erected, placed or

suffered to remain upon the premises unless approved by the Developer in writing.

25. No inoperable motor vehicles without a legal license shall remain on street or lot for more

than seven (7) days.

26.   No travel trailers or motorized travel home vehicles shall be parked for more than seven

(7) days on any lot herein at any time.

27.   No commercial vehicles, i.e. trucks, school buses, bulldozers, etc., shall be parked on any

Lot of any type or street at any time.

28.   Proper drainage from houses to ditches is the sole responsibility of the homeowner. Drainage easements are the lot owner’s responsibility.

Installation of improvements: The Declarant hereto expressly reserves to and for itself and

its designee, the sole and exclusive right to petition the proper authorities for any and all

street improvements and without intending to limit the generality of the foregoing

specifically to petition for grading, seeding, tree planting, sidewalks, paving, sewer and

water installations, whether it be on the surface or subsurface, which in the sole opinion of

the Declarant hereto is necessary or desirable in the subdivision of which the premises

hereby covered are a part; and the Declarant hereto agrees to and does hereby consent to

and affirms any agreements that may be entered into between the Declarant hereto or its

designees and any public authorities with respect to the installation of said improvements;

and the Declarant hereto hereby waives all notice with reference to said petitions and

hereby consents to all other acts and things that may be necessary in the matter and hereby

authorizes and agrees to affirm and ratify all such agreements and acts on the part of the

Declarant hereto or its designee in regard thereto.

29 Grade of land: The Declarant hereto also expressly reserves to and for itself or its

designee, the sole and exclusive right to establish grades, slopes and swales on the land

hereby conveyed and to fix the grade at which any dwelling shall be hereafter erected or

placed hereon. So that the same may conform to a general plan, subject also, however, to

local building code restrictions.

30.   Incorporation into deed: The above covenants, reservations and restrictions shall be

incorporated verbatim or by reference in every deed hereafter issued conveying any part of the premises above described.

31.   These covenants are to run with the land and shall be binding on all parties and all

persons claiming under then for a period of thirty (30) years from the date 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 majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

32.   Enforcement shall be 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.

33.   Invalidity of any one of these covenants by judgment or court order shall in no wise

affect any of the other provisions which shall remain in full force and effect.

34.   Wherever action is required herein by Developer, it may be taken by its duly appointed

assignee.

35. Developer has authority to enact a Homeowner Association.

IN TESTIMONY WHEREOF, the undersigned have hereunto set their hands this 17 day

of October, 2000.

POINTE DEVELOPMENT COMPANY, LLC

A Limited Liability Company

Please note this is a typed copy of the original Declaration of Regulations, Covenants, Conditions and Restrictions for THE POINTE Subdivision. A copy of the original with signatures and deed book stamps are available upon request. The Deed Book number

is 0512 pages 517-523.