Summerset West
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GEORGETOWN TOWNSHIP, OTTAWA COUNTY
STATE OF MICHIGAN PREAMBLE

InSites, L.L.C. (the “Developer”) has established, pursuant to the Michigan Land Division Act, a recorded plat with respect to the property described as follows: Lots 1 through 53, inclusive, according to the plat recorded in Liber 42, page 300, Ottawa County Records (the “Property”), which plat is known as “Summerset West” (the “Plat”), all being located in Section 25, T6N, R13W, Georgetown Township, Ottawa County, Michigan. These Amended and Restated Building and Use Restrictions will control and restrict the use of the Property.

The Developer previously recorded certain Building and Use Restrictions with respect to the Property in Liber 5235 at pages 653-666 of Ottawa County Records (the “Prior Building and Use Restrictions”). The Developer is the sole owner of the Property. It is intended by the Developer that the Prior Building and Use Restrictions be and hereby are terminated and of no further force and effect, effective as of the date and time of recording with Ottawa County Records of these Amended and Restated Building and Use Restrictions.

1. ARCHITECTURAL CONTROL

1.1 Approval of Plans. The Developer, in designing Summerset West, including the location and contour of the public streets, has taken into consideration the following criteria:

A. The Plat is designed for residential living on large residential sites in a suburban atmosphere.

B. The construction site on each of the lots should be located so as to preserve the existing contours, where practicable.

C. The architecture of a residence located on any lot should be compatible with the criteria as established herein and also should be compatible with the external design and general quality of other dwellings constructed or to be constructed within the development.

The Developer reserves the right to control the buildings, structures, and other improvements placed on each lot. The Developer also reserves the right to make such exceptions to these Building and Use Restrictions as the Developer deems necessary and proper, except as limited by the rights of Sunnybrook Country Club set forth herein. No building, wall, swimming pool, fence, or other structure shall be placed upon a lot without prior written approval of the Developer. Any lot owner wishing to construct a building, wall, swimming pool, fence, or other structure shall submit plans (two copies) to the Developer indicating the location, nature, kind, shape, height, and materials of the building, wall, swimming pool, fence, or other structure. If the Developer provides written approval for the construction the improvement, the lot owner shall not deviate from the submitted plans unless the lot owner obtains written consent from the Developer for such deviation. The Developer will retain one set of plans, and the second will be returned to the lot owner. Any such improvement shall be in accordance with the plans and plot plans as approved by the Developer. Refusal of approval of plans by the Developer may be based on any ground, including but not limited to the aesthetic value, which shall be in the Developer’s sole discretion. If the Developer fails to approve or disapprove any plans within thirty (30) days after written request by the lot owner, and submission of plans in a form acceptable to Developer, then such approval by the Developer shall be deemed waived; provided that no building or other structure is erected that violates any of the remaining restrictions contained herein. The Developer will not be responsible for any defects in such plans submitted by the lot owner, including the building or structure erected according to the plans, or in any changes in drainage resulting from such construction.

2. BUILDING RESTRICTIONS

2.1 Minimum Square Footage. All residences constructed on a lot must conform to the following requirements:

A. Plat Minimums. All one story residences constructed on any lot must have a fully enclosed first floor area of not less than two thousand (2,000) square feet, excluding decks and porches. All one and one-half story to two story residences constructed on any lot must have a fully enclosed floor area, excluding decks and porches, of not less than two thousand eight-hundred (2,800) square feet. No mobile or modular home shall be constructed on any lot.

B. General. All square footage determinations will exclude basements (including walk-out basements), and garages. The Developer may specify the number of levels that residences on specific lots will be permitted to have to preserve the view from other lots or to maintain a harmonious pattern of development in the construction of residences on the lots. The height of any building will be not more than two and one-half full stories above street level. If any portion of a level or floor within a residence is below grade, all of that level or floor will be considered a basement level and excluded from the minimum square footage requirements in Subsection A above.

2.2 Construction Process. All construction of all buildings and structures shall be done only by residential home builders, licensed by the State of Michigan, and approved by the Developer. The Developer may waive this requirement if the lot owner desires to act as his/her own general contractor if the owner demonstrates to the Developer the owner’s ability to construct a residence of a quality home consistent with the other residences in the plat, and pursuant to a timely construction schedule. Once construction of any building has begun, work thereon must be diligently continued and must be completed within a reasonable time, as determined in Developer’s sole discretion. In any event, all construction must be completed within one year from the date construction begins, unless the Developer grants an extension of time. Any extensions granted shall be in the Developer’s sole discretion.

2.3 Building Materials. Any dwelling or garage built on a lot shall consist of new materials. Approved materials include brick, brick veneer, steel, stone, stucco, wood frame, wood trim, aluminum/vinyl siding and trim, or any combination thereof. Every building must have a finished exterior. All exterior foundation walls shall be of brick, brick veneer, stone, concrete, or stucco. However, the Developer may approve use of other materials. Concrete block or tile construction above grade level is prohibited unless the exterior surface is covered with an approved material. All proposals for construction require prior written approval from the Developer, which approval shall be in Developer’s sole discretion. Approval by the Developer for one or more lot owners shall not obligate the Developer to approve any other lot owners’ plans.

2.4 Soil Removal. All soil to be removed from a building site, either during grading or excavating, shall, if desired by the Developer, become the property of the Developer. Removal of all soil shall be at the lot owner’s expense, and shall be placed or dumped at a place or places upon the properties or elsewhere designated by the Developer.

2.5 Trees. All living trees existing on any lot shall be preserved as is reasonably consistent with the residential uses and construction on the property. Lots 3 through 17 are subject to a tree preservation area as described in Section 3.6 hereof.

2.6 Garages. Garages, which will be used solely by the occupants of the residence to which they are appurtenant, must be attached to the residence and constructed in accordance with approved plans and as described in Section 1.1. Each residence is limited to one garage, with a minimum of two (2) stalls and not more than three (3) stalls. Any two-level garage structure, without regard to the number of stalls contained therein, shall be subject to prior written approval by the Developer. No garage will be placed, erected, or maintained upon any lot except for use in connection with a residence on that lot.

2.7 Fences. No fences shall be allowed except for privacy fences around a swimming pool. Such fence may be up to six (6) feet high and must be within twenty (20) feet of the perimeter of the pool. All fences must be approved by the Developer. No fence shall be located within the area of the tree preservation area described in Section 3.6 hereof; except one split rail fence may be constructed on lots 3 through 17, but no closer than two feet to the property of Sunnybrook Country Club. Any such split rail fence shall be uniform in appearance on all lots which are contiguous to the property of Sunnybrook Country Club and shall be repaired, replaced and maintained by the Developer or the Association at such times and in such manner as is necessary for such split rail fence to appear to be in good condition when viewed from the property of Sunnybrook Country Club.

2.8 Occupancy. No building erected upon any lot shall be occupied in any manner while in the course of construction, or at any time prior to issuance of a certificate of occupancy. All residences, when completed, shall not be occupied until the residence complies with the approved plans and specifications, as well as all restrictions contained herein.

2.9 Landscaping. The side, front, and rear yards of each lot shall be planted with grass seed, sod, or ground cover, with adequate front foundation plantings, within one hundred-twenty (120) days after completion of construction of the residence, unless the Developer grants an extension of time for landscaping. Once installed or planted, all landscaping shall be maintained so as not to become a nuisance as provided in Section 4.10 below. Notwithstanding the foregoing, no landscaping of any kind or nature is permitted within the boundary of the tree preservation area described in Section 3.6 hereof, except as provided in Section 3.6 hereof.

2.10 Elevations. No substantial change in the elevations of the Property shall be made on any lot without the prior written consent of the Developer. Any change which materially affects the surface elevation or grade or drainage of the surrounding lots will be considered a substantial change. The final grade of the lot must be contoured to drain away from the residence located on the lot.

2.11 Water Systems. Each lot owner must connect to the public water system. No individual water supply system will be permitted on a lot, except for irrigation purposes or swimming pools.

2.12 Septic Systems. No septic tank or drain field will be permitted on any lot. Each residence must connect to the public sewer system.

2.13 Driveways. No stone or cinder driveway shall be permitted. All driveways must be a minimum of twelve (12) feet wide and must be constructed of either asphalt or concrete. If constructed of asphalt, the driveway must be at least two (2) inches thick. If constructed of concrete, the driveway shall be at least four (4) inches thick. Circular drives in front of residences (if any) must be a minimum of eight (8) feet wide.

2.14 Sidewalks. Each lot owner is responsible for constructing a concrete sidewalk, which spans the frontage of the public street including both streets in the case of a corner lot. The sidewalk (including dub-downs) shall be five (5) feet wide and four (4) inches thick. Construction of sidewalks must be completed before occupancy of a residence.

2.15 Chimneys. All fireplace chimneys shall be constructed of masonry, unless other construction materials are approved by the Developer.

2.16 Footing Drains. Except for Lots 3 and 4, Lots 15 through 21, inclusive, and Lots 31 through 50, inclusive, gravity footing drain connections to the storm sewer system are strictly prohibited.

2.17 Outbuildings and Structures. No tent, shack, barn, storage shed, temporary building, outbuilding, playhouse, guest house or dog house may be placed, erected, or maintained on any lot. Dog runs may be constructed with the prior written approval of the Developer, except that no dog run may be constructed on lots 3 through 17 without the prior written consent of Sunnybrook Country Club.

2.18 Number of Lots Contiguous to Sunnybrook Country Club Property. No more than fifteen (15) lots may be located on the portion of the Property which is contiguous to the property of Sunnybrook Country Club.

3. SETBACKS AND BUILDING LINES

3.1 Buildings. For purposes of this Section, the term building shall mean the main residence, the garage, and other related attached structures and any protrusions including bay windows, covered porches, porticos, loggias, etc. The term building does not include exterior chimneys, open pergolas, uncovered porches, open terraces, stoops, steps, or balustrades, the sides of which do not extend more than three feet above the level of the ground flow of the main building. No such portion of a structure, which is not considered part of a building, shall be constructed within fifteen (15) feet of any lot line.

3.2 Setback Lines. No building shall be erected or maintained within fifty (50) feet of the front lot line(s), or within twenty (20) feet of the side lot line. No building shall be erected or maintained within forty (40) feet of the rear lot line; provided, that no building shall be erected or maintained within fifty (50) feet of the rear lot line on Lots 3 through 17. In the event that the setback provisions contained in this document create a hardship or are impracticable, the Developer may specify setbacks that are smaller in depth and/or width than required; provided, that the fifty (50) foot rear setback on Lots 3 through 17 may not be reduced in any circumstance without the prior written consent of Sunnybrook Country Club. Where more than one lot is acquired as a single building site, the side lot line requirements shall only refer to the lot lines bordering the adjoining property owners.

3.3 Swimming Pools. Swimming pools, their associated decks and enclosures shall not be located nearer than twenty five (25) feet to any lot line and shall not project with its coping more than two (2) feet above the established grade; except that no swimming pool shall be constructed or maintained on lots 5 through 17. No above ground swimming pool shall be constructed or maintained on any lot.

3.4 Recreational Structures. No recreational structure, including, without limitation, any swing set, basketball hoop, tennis court, play structure or similar device or thing, shall be erected or maintained on any lot without the consent of the Developer and, as to lots 3 through 17, without the prior written consent of Sunnybrook Country Club.

3.5 Hedges and Screen Planting. No hedges or screen planting over thirty six (36) inches high will be permitted between the building setback line and front lot line of a lot. No hedge or screen planting of any kind or nature will be permitted within the area of the tree preservation area described in Section 3.6 hereof.

3.6 Tree Preservation Area. There is hereby established for the benefit of the property of Sunnybrook Country Club which is located contiguous to the Summerset West Plat, a tree preservation area over, under and through the rear twenty-five (25) feet of lots 3 through 17 of the Property (the “Tree Preservation Area”). No (a) structure, wall, fence, thing or device, (b) wiring/pipes/lines or (c) landscaping, of any nature or kind, shall be constructed, installed or maintained within the Tree Preservation Area; except the split rail fence as permitted in Section 2.7 hereof. No natural vegetation or undercover located within the Tree Preservation Area shall be removed or destroyed; without the prior written consent of Sunnybrook Country Club. No landscaping is permitted within the Tree Preservation Area without the prior written consent of the Developer and Sunnybrook Country Club; except in accordance with a landscape plan approved in writing by the Developer and Sunnybrook Country Club. No tree which is four inches in diameter at breast height or greater may be removed, trimmed or cut within the area of the tree preservation area, except for dead, diseased, or damaged trees, without the prior written consent of Sunnybrook Country Club.

3.7 Waivers. Notwithstanding anything to the contrary herein contained, the Developer, in its sole discretion, may waive or permit reasonable modifications of the requirements contained herein; provided, that the provisions of Sections 2.5, 2.7, 2.9, 2.17, 2.18, 3.2, 3.3, 3.4, 3.5, 3.6, 4.1, 4.3, 4.7, 4.9, 4.10, 5.1, 8.1, 8.2, 8.3, 8.4, 8.5, 9.1, 9.2 and 11.5 hereof may not be waived or modified except with the prior written consent of Sunnybrook Country Club. Any waiver of any requirement for one lot owner shall not obligate the Developer or Sunnybrook Country Club to permit a similar waiver for any other lot owner.

4. USE RESTRICTIONS

4.1 Residential Use. The lots, and any residence constructed thereon, shall be used solely for single-family residential purposes. No more than one residence may be constructed on any lot. No building, structure, or other improvements intended for or adapted to business purposes, no duplex, apartment house, multiple-family residence, lodging house, rooming house, half-way house, hospital, or doctor’s office shall be erected, placed, permitted or maintained on any lot. No improvement or structure, other than a private residence with an attached garage and approved patio walls and/or swimming pool may be erected, placed, or maintained on any lot. No lot will be used or occupied by other than a single family, its temporary guests and family servants.

4.2 Home Occupations. Although all lots are to be used for single-family residential purposes, home occupations, nonetheless, shall be considered part of a single-family residential use if the home occupation is conducted entirely within the residence and participated in solely by members of the immediate family residing therein. Any home occupation must be clearly incidental and secondary to the use of the residence for dwelling purposes and does not change the character thereof. If a lot owner maintains a home occupation there shall be (a) no sign or display that indicates from the exterior that the residence is being utilized in whole or in part for any purpose other than that of a dwelling; (b) no commodities sold on the premises; (c) no person is employed other than a member of the immediate family residing on the premises; (d) no mechanical or electrical equipment shall be used, other than personal computers or other office equipment; and, (e) no substantial accumulation of vehicles. In no event shall a barber shop, styling salon, beauty parlor, animal hospital, or any form of animal care or treatment be construed as a home occupation.

4.3 Signs. No sign shall be displayed on any lot, except one sign of not more than four (4) square feet advertising the lot for sale. Nothing herein shall prevent the Developer from erecting, placing or maintaining signs as may be deemed necessary by the Developer in connection with the sale of lots. Notwithstanding the foregoing, no sign of any kind or nature may be erected, located or maintained within the area of the tree preservation area described in Section 3.6 hereof, except that signs not larger than one (1) square foot in size on which appears the statement “Private Property” may be attached to the split rail fence described in Section 2.7 hereof provided no such sign shall be closer than 100 feet to any other such sign and further provided that all such signs shall be uniform in construction materials, color and appearance.

4.4 Exterior Changes. Any lot owner wishing to change the physical appearance of the exterior of any residence must first obtain the Developer’s written approval.

4.5 Solar Panels. Solar panels shall be prohibited.

4.6 Fuel Storage Tanks. No oil or fuel storage tank may be installed or maintained on any lot.

4.7 Animals. No animals, birds or fowl may be kept or maintained on any lot, except dogs, cats, fish or pet birds. Pursuant to the Georgetown Township Ordinance, no home may contain more than three (3) total dogs or cats, or a combination thereof. All animals shall be maintained and not offend any other lot owner by noise, odor, or unsanitary conditions. No dog which barks and can be heard with regularity or on a continuing basis will be allowed to remain on any lot. The pet owner shall have the responsibility of properly disposing of the waste his or her animal deposits on any lot. No animal may be permitted to roam freely on any lot. All animals must either be contained in an approved enclosure, or remain on a leash. No animal may be kept or bred for commercial purposes. No savage or dangerous animal shall be kept on any lot.

4.8 Garage Doors. For security and aesthetic reasons, garage doors must be kept closed at all times, except as necessary to gain access to and from any garage.

4.9 Recreational and Commercial Vehicles. No house trailers, commercial vehicles, boats, boat trailers, camping vehicles, camping trailers, motorcycles, all terrain vehicles, snowmobiles, snowmobile trailers, or vehicles other than automobiles used primarily for transportation may be stored upon any lot or adjoining area, unless parked in a garage with the door closed. No inoperable vehicles of any kind may be stored upon any lot, or adjoining areas, either temporarily or permanently, unless within a garage with the door closed. Except as provided above, commercial vehicles and trucks shall not be parked in or about any lot, or adjoining area, unless while making a pickup or delivery. No vehicles may be parked on any roadway overnight.

4.10 Nuisances. No owner of any lot shall permit any act or condition upon such lot which may be or becomes a nuisance. No lot shall be used in whole or in party for the storage of rubbish that causes the lot to appear unclean or untidy, or that is obnoxious to the eye. No substance, thing, or material may be kept on any lot that emits foul or obnoxious odors, or that causes any noise that might disturb the peace, quiet, comfort, or serenity of the occupants of the surrounding lots or residences. No weeds, underbrush, or other unsightly growth shall be permitted to grow except within the boundary of the tree preservation area described in Section 3.6 hereof. No unsightly object will be allowed to be placed or remain on any lot.

4.11 Garbage and Refuse Disposal. All trash, garbage, and other waste are to be kept in sanitary containers inside garages or other fully enclosed areas at all times, except for such short periods that may be necessary to permit periodic collection. All trash, garbage, and other waste shall be removed from all lots at least once each week. No incinerators or other equipment for disposal of waste will be permitted on any lot.

5. GOLF COURSE PROPERTY

5.1 Golf Course Property. Lots 3 through 17 adjoin property owned by the Sunnybrook Country Club. No lot owner will have the right to use any part of the Sunnybrook Country Club property, including but not limited to the golf course, for any purpose without the express written consent of Sunnybrook Country Club. Every lot owner agrees not to trespass on the Sunnybrook Country Club property and agrees to prohibit family members, guests, invitees, and pets from trespassing on such property.

5.2 Indemnification and Hold Harmless. By accepting title to a lot, each lot owner agrees to indemnify and hold harmless Sunnybrook Country Club and its members, guests and invitees from any and all loss, damage, or expense of any kind or nature, including, without limitation, actual attorney fees incurred in defending any such claim or cause of action, and the amount of any judgment which it may be required to pay, including interest thereon, arising out of any accident or other occurrence causing injury to any person or property whomsoever or whatsoever resulting from golf balls which are hit from the property of Sunnybrook Country Club onto the Property.

6. EASEMENTS AND UTILITIES

6.1 Easements. The Developer reserves all easements for utilities or drainage, with full rights of ingress and egress for the Developer, and the Developer’s agents, employees, and assigns over any part of the lots for the purpose of installing and servicing the utilities and drains for which the easements are reserved.

6.2 Easements to be Clear. No structures shall be erected upon any lot which interferes with the rights of ingress and/or egress provided in Section 6.1. Any fences, pavings, or plantings which interfere with the rights of ingress and egress provided in Section 6.1 may be removed as necessary when installing or servicing the utilities and drains, without cost to the Developer or Homeowners Association.

6.3 Drainage Restrictions. No change shall be made to the grading of any lot which alters the surface drainage patterns. Each Lot shall be subject to the “Restrictions Pursuant to the Requirements of the Ottawa County Drain Commissioner” which is attached hereto.

6.5 Utility Lines & Antennas. All electrical service, cable television, and telephone lines shall be placed underground. No outside electrical lines or other lines or wires shall be placed overhead without the Developer’s prior written consent. No exposed or exterior radio or television transmission or receiving antenna, satellite dish over 15” in diameter, or any other devices shall be erected, placed, or maintained on any lot.

7. SUBDIVISION OF LOTS

7.1 Subdivision of Lots. No lot shall be subdivided except as approved by the Developer; provided, that Lots 3 through 17 shall not be subdivided except with the prior written consent of Sunnybrook Country Club.

8. ENFORCEMENT OF RESTRICTIONS

8.1 Remedies for Violation. In the event of a breach or attempted or threatened breach of any restriction herein contained, the Developer and/or the Association shall be entitled to injunctive relief, as well as any other legal or equitable remedy provided by law. Injunctive relief shall also be available to the Developer if a lot owner commences construction without first obtaining the Developer’s written approval.

8.2 Costs to Enforce. All costs incurred by the Developer or Association in enforcing the restrictions contained herein, including actual attorneys fees, will be reimbursed by the owner of the lot or lots in breach.

8.3 Payments and Liens. Payment for enforcement costs is due and payable by the breaching party within thirty (30) days after the date of mailing of a statement for the costs. The statement will detail the costs incurred, the manner of calculation, and evidence of payment of the costs. If the statement remains unpaid after thirty (30) days, the full balance will bear interest, until fully paid, at the rate of ten percent (10%) per annum. All costs to enforce the restrictions contained herein shall be secured by a lien on the breaching party’s lot or lots, as well as on any improvements made to or on the lot(s). After written notice to the breaching party and any mortgagee of record, the lien may be foreclosed in the same manner as a mortgage may be foreclosed under the laws of the State of Michigan.

8.4 Failure to Enforce. No delay in enforcing these restrictions shall be construed as a waiver of these restrictions or acquiescence in any breach. No right of action shall accrue and no lot owner may bring an action against the Developer or Homeowners Association for failure to bring an action for enforcement of these restrictions.

8.5 Enforcing Party. While the Developer owns one (1) or more lot(s), the Developer shall have the exclusive right to enforce these restrictions, and to collect any and all enforcement costs. However, the Developer may assign this right to any successor developer, or the Association prior to selling all Developer-owned lots. After the sale of all Developer-owned lots, the exclusive right to enforce these restrictions, and to collect any and all enforcement costs, belongs to the Association. Notwithstanding the foregoing, Sunnybrook Country Club shall have the independent right to enforce the provisions of Sections 2.5, 2.7, 2.9, 2.17, 2.18, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.3, 4.9, 4.10, 5.1, 5.2, 6.3, 7.1, 9.1 and 9.2 hereof in the same manner and with the same rights and remedies provided the Developer and the Association in this Section 8.

9. DURATION AND AMENDMENT

9.1 Duration. The restrictions contained herein will remain effective so long as the Developer owns one (1) or more lots in the Plat. The restrictions shall automatically renew for successive periods of ten (10) years after Developer sells all lots, unless at least two-thirds (2/3) of the lot owners enter into a written agreement to terminate or modify these restrictions; provided, that the Preamble and Sections 2.5, 2.7, 2.9, 2.17, 2.18, 3.2, 3.3, 3.4, 3.5, 3.6, 3,7, 4.1, 4.3, 4.7, 4.9, 4.10, 5.1, 5.2, 6.3, 7.1, 8.1, 8.2, 8.3, 8.4, 8.5, 9.1, 9.2 and 11.5 hereof shall not terminate and may not be amended or modified at any time without the express written consent of Sunnybrook Country Club. Any such written agreement shall be recorded with the Register of Deeds prior to the next renewal period. Notwithstanding the foregoing, Section 6.3 may only be amended or modified according to paragraph L of the “Restrictions Pursuant to the Requirements of the Ottawa County Drain Commissioner” which is attached hereto.

9.2 Amendment. Except as provided in 9.1 above, the restrictions may be amended, altered, modified or terminated by two-thirds (2/3) majority vote of all lot owners entitled to vote. Lot owners are only entitled to vote if current on their annual dues, if not in violation of these restrictions, and/or if they are current on payments for enforcement costs. Amendments may also be made by the Developer, in its sole discretion and without lot owner consent, provided that any such amendment does not materially alter or change the rights of the lot owners or mortgagees.

10. MANDATORY ASSOCIATION MEMBERSHIP

10.1 Membership. All persons owning a beneficial interest in any lot in the Plat will automatically become members of the Summerset West Homeowners Association (the “Association”), which shall be controlled by an elected board. The Association shall be responsible for the general interest of its members, as well as the maintenance of the Association park area, storm water retention basin, and sign. Each lot in the Plat shall be represented by one vote. Expenses of the Association shall be borne equally, in the form of annual dues, assessed against each lot. Lot owners may only vote on expenses of the Association if their annual dues are current.

10.2 Dues. There shall be annual dues established by the Developer or Association which shall be used for maintenance of the Association park area, the storm water retention basin, and signage, or other expenses which the Developer or Association determines are necessary. The annual dues may be adjusted annually as necessary.

11. MISCELLANEOUS

11.1 Notices. Any notice, demand, request, or consent given in accordance with these Building and Use Restrictions shall be deemed properly delivered if via United States mail, postage pre-paid, return receipt requested, to the party’s last known address.

11.2 Captions. The captions of the Articles and Sections contained herein are for convenience only and will not be considered or referred to in resolving questions of interpretation or construction.

11.3 Severability. Invalidation of any restriction contained herein by a court of competent jurisdiction shall not affect any of the other restrictions, which will remain in full force and effect.

11.4 Binding Effect. These restrictions shall be binding on the Developer, its grantees, successor(s), and assigns. All restrictions run with the land, and each lot owner, by acceptance of a deed, land contract or other conveyance, agrees to be bound by these restrictions.

11.5 Definitions. “Developer” means the party responsible for developing the vacant land, as well as any successor developer for the Summerset West Plat. “Association” means the Summerset West Homeowners Association, a Michigan nonprofit corporation, to be formed by Developer prior to the sale of any lot. “Sunnybrook Country Club” means Sunnybrook Country Club, a Michigan corporation, its successors and assigns.

In witness whereof, these Amended and Restated Building and Use Restrictions have been executed by the undersigned Developer this _____ day of January, 2007.

DEVELOPER
InSites, L.L.C.

By: ________________________________
Stanley D. Jager, as Trustee of
The Stanley D. Jager Trust u/a/d
11/10/1995, Authorized Member

________________________________
Rex Troost, Authorized Member

Acknowledged before me by Stanley D. Jager, as Trustee of The Stanley D. Jager Trust
u/a/d 11/10/1995, an Authorized Member of InSites, L.L.C., a Michigan limited liability
company, in __________ County, Michigan, on ____________, 2007.
________________________________ ____________________, Notary Public ___________ County, Michigan Acting in __________ County, Michigan My commission expires: ____________ Acknowledged before me by Rex Troost, an Authorized Member of InSites, L.L.C., a Michigan limited liability company, in __________ County, Michigan, on ____________, 2007. ________________________________ ____________________, Notary Public ___________ County, Michigan Acting in __________ County, Michigan My commission expires: ____________

WRITTEN CONSENT

Sunnybrook Country Club hereby consents to the termination, amendment and modification of the Prior Building and Use Restrictions, which consent will be effective as of the date and time of recording with Ottawa County Records of these Amended and Restated Building and use Restrictions.

SUNNYBROOK COUNTRY CLUB

________________________________
By: James M. Kenyon, President

Acknowledged before me by James M. Kenyon, President of Sunnybrook Country Club,
a Michigan corporation, in ______________ County, Michigan, on ____________, 2007. ________________________________ ____________________, Notary Public ___________ County, Michigan Acting in __________ County, Michigan My commission expires: ____________

Prepared by Return to after recording:

Stanley D. Jager, on behalf of InSites, L.L.C. Arthur C. Spalding
4165 Prairie, S.W. Rhoades McKee
Grandville, MI 49418 161 Ottawa Avenue NW/Ste 600
Grand Rapids, MI 49503




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