WOWDECLA
Draft #5
5/15/90

WILLOWS OF WADSWORTH, ILLINOIS

DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS

Clause I: Benefiting / Clause II: General Purposes / Clause III: Definitions / Clause IV: Restrictions / Clause V: Architectural Review / Clause VI: Association / Clause VII: Provisions / Architectural Guidelines / Agreement to Modify Declarations / Building Requirement Amendment

*This is for reference only. Please refer to the original copy filed with the state of Illinois.*

DECLARATION of protective covenants made this 2nd day of July, 1990, by Independent Trust Corporation, not personally, but as trustee under trust agreement dated November 1, 1988 and known as Trust No. 20082 and Chicago Title and Trust Company as trustee under trust agreement dated June 13, 1989 and known as Trust No. 1092711 (hereinafter called "Declarants").

W I T N E S S E T H:

WHEREAS, Declarant is the owner of the real property described in Clause I of this Declaration, and is desirous of subjecting a portion of said real property to the conditions, covenants, options, restrictions, reservations, undertakings, agreements and easements hereinafter set forth (sometimes hereinafter collectively referred to as "Covenants"), each and all of which is and are binding upon the property so designated and each owner thereof and every other party having interest therein, and shall inure to the benefit of and pass with said property, and each and every parcel thereof.

NOW THEREFORE, Declarant hereby declares that the real property described in and referred to in Paragraph 1 of Clause I hereof is, and shall be, held, transferred, sold, conveyed, used and occupied subject to the Covenants.

CLAUSE I

PROPERTY SUBJECT TO AND
BENEFITING FROM THIS DECLARATION

1. THIS SUBDIVISION. The real property which is, and shall be, held, transferred, sold, conveyed, used and occupied subject to the Covenants (herein referred to as "This Subdivision) is located in Lake County, Illinois, and is more particularly described in Exhibit "A" attached hereto. A subdivision plat of This Subdivision has been recorded in the Office of the Recorder of Deeds of Lake County, in Waukegan, Illinois on _________________, 19__ as Document No. _____, under the caption Willows of Wadsworth.

2. PROPERTY BENEFITED. The Covenants shall be for the benefit of all of the land in This Subdivision, hereinafter referred to as "Willows of Wadsworth".

CLAUSE I I

GENERAL PURPOSES OF THIS DECLARATION

This Subdivision is subjected to the Covenants to insure proper use and appropriate development and improvement of This Subdivision and every part thereof to protect each end every owner of any part of the Willows of Wadsworth against such use of lots in This Subdivision as may depreciate the value of their property; to guard against the erection thereon of buildings built of improper or unsuitable materials; to insure adequate and reasonable development of This Subdivision and the use and enjoyment of property ownership therein; to encourage the erection of attractive improvements thereon, with appropriate locations thereof; to prevent haphazard and inharmonious improvement; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a type and quality of improvement in This Subdivision consonant with the Covenants; and to insure desired standards of maintenance and operation of community facilities and services for the benefit or all owners of Willows of Wadsworth. It is the intention and purpose of these Covenants to assure that all dwellings in This Subdivision shall be of quality of design, workmanship, and materials approved by The Architectural Review Committee. It is understood and agreed that the purpose of architectural control is to secure an attractive harmonious residential development having continuing appeal, and in an effort to assure the same, the quality of architectural design will be considered. More specific guidelines or the Architectural Review Committee, which are the minimum architectural guidelines, are shown in Exhibit B of this report.

CLAUSE I I I

DEFINITIONS

ASSOCIATION. The Willows of Wadsworth Community Association, described in Clause VI hereof.

ARCHITECTURAL REVIEW COMMITTEE. The committee so designated and described in Clause V hereof.

BASEMENT. That portion of the interior area of a Building having its floor area below grade and having less than half its clear floor-to-ceiling height below grade. For purposes hereof, grade shall be the average level of the ground contiguous to the building front.

BUILDABLE AREA. That portion of a Lot bounded by the required rear and side yards and the building setback line.

BUILDING. Any structure having a roof, supported by columns or by walls or other means, or other structure intended or used for the shelter, housing, or enclosure of any person, animal, or chattel.

BUILDING, ACCESSORY. A subordinate building or portion of a principal Building, the use of which is incidental to that of the principal Building on a Lot.

BUILDING HEIGHT. The vertical distance measured from the established groupnd level to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; to the means level of the underside of rafters between the eaves and the ridge of a bagle, hip, or gambrel roof; or to the mean level of any other vertical parts or any other structure. Chimneys and ordinary and customary ornamental architectural projections shall not be invluded in calculating Building Height.

CELLAR. That portion of the interior area of a Building having its floor area below grade and having half or more than half of its clear floor-to-ceiling height below grade. For purposes hereof, grade shall be the average level of the ground contiguous to the Building front.

DECLARANT. The land trust hereinabove designated as "declarant" (or any corporate successor thereto as a result of merger or consolidation).

DEED RESTRICTED OPEN SPACE. Those areas designated on the final plat "deed restricted open space" are subject to the terms and limitations contained in these covenants.

DWELLING. A residential Building which, as originaly constructed, is integrated and designed for use exclusively as living quarters for one family.

FAMILY. One or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three persons not all so related, together with his or their domestic servants, maintaining a common household in a Dwelling.

LAKE AND COMMUNITY GROUNDS. The parks, lakes, paths and other real property with Willows of Wadsworth shown on a recorded plat of subdivision as being reserved by Declarant for the common use of all residents and owners of This Subdivision and other areas of Willows of Wadsworth, and the fixtures thereon and appurtenances thereof. (Scenic corridors and deed restricted open space must be preserved in their natural condition.)

LOT OR HOMESITE. One subdivided lot of record in This Subdivision, or a combination of such lots. The words "Lot" or "Homesite" as used herein shall be synonymous and may be used interchangeably.

LOT AREA. The area of a horizontal plane, bounded by the vertical planes through Front, Side, and Rear lot lines.

LOT LINE, FRONT. That boundary line of a Lot which is along a dedicated street line.

LOT LINE, REAR. That linear boundary of a Lot which is most distant from the Front Lot Line.

LOT LINE, SIDE. Any boundary of a Lot which is not a Front or Rear Lot Line.

LOT WIDTH. The length of a line perpendicular to a Side Lot Line and lying entirely within a Lot, which either commences at the intersection of a Front Lot Line and a Side Lot Line, or if the Front or Rear Lot Line is curved or irregular, which is the longest segment perpendicular to a line joining the mid-points (determined by measuring the length of the outermost edge of the Lot Line) of a Front Lot Line and a Rear Lot Line and lying wholly within the Lot, with one or more points coinciding with the Front Lot Line.

LOT DEPTH. The length of a line joining the mid-points of a Front Lot Line and a Rear Lot Line (determined by measuring the length of the outermost edge of the Lot Line).

OPEN SPACE. All areas which must be maintained free of Structures, as shown on the Plat, for such uses as are permitted in the Village of Wadsworth ordinances governing open space, including but not limited to recreational, greenway, natural and bufferyard areas and garden plots, and which are intended to be further restricted by deed reservations in conveyances hereafter to be made.

PLAT. The recorded plat of subdivision for This Subdivision, more fully described in Clause I, paragraph 1 hereof.

STORY. That portion of the interior of a Building included between the surface of the ground or any floor and the surface of existing or extended plane of the floor next above; or if there is no floor above, the space between the floor end the surface of existing or extended plane or the ceiling next above. A basement shall be counted as a Story and a Cellar shall not be counted as a Story.

STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and exterior wall not more than 3 feet above the top floor level, and in which space not more than 60 percent of the floor area is improved for principal or accessory use.

STORMWATER DETENTION FACILITIES AND IMPROVEMENTS. All on-site facilities and areas necessary for the management of stormwater as appears more fully on the Plat.

STRUCTURE. Any stationary object erected, constructed or placed on the property or attached to something having a permanent location on or in the ground. A sign or other advertising device, detached or projecting, shall be construed to be a separate structure. Structures shall include but shall not be limited to sheds.

CLAUSE I V

GENERAL RESTRICTIONS

1. LAND USE AND BUILDING TYPE. Each Lot shall be used a site for one Dwelling only, and a private garage containing no fewer than two parking spaces for the sole use of the owners or occupants of the Dwelling. Said garages shall not be used for rental purposes. All other detached Accessory buildings or Structures may be erected only in such manner and location as approved in writing in the sole discretion of the Architectural Review Committee. And subject to the restrictions for said Structures which are imposed by the Covenants or the Architectural Review Committee. Construction of the Dwelling must commence within twenty-four (24) months from the date of acquisition of the Lot from the Declarant. If construction is not commenced within said twenty-four month period, Declarant shall have the right to purchase the Lot at Buyer's cost.

2. BUILDING HEIGHT. No Dwelling shall be erected, altered, or placed on a Lot which shall contain more than two and one-half stories, nor shall any such Dwelling have a Building Height in excess of 35 feet. No Accessory Building or Structure shall have a Building Height in excess of 20 feet unless a greater height is approved in writing by the Architectural Review Committee.

3. DWELLING COST, QUALITY AND SIZE. All Buildings erected upon a Lot shall be constructed in accordance with the applicable governmental building and zoning codes and with such additional standards that may be required by the Covenants and the Architectural Review committee; and the area inside the foundation walls or footings of any such Dwelling, exclusive or attached garages, carports, open terraces, porches, and breezeways, shall be:

A. One-story Dwellings, not less than 2,000 square feet of living area.

B. For Dwellings of more than one story, not less than 1,200 square feet on the first floor, and the total living area in the Dwelling not to be less than 2,000 square feet.

4. LOCATION ON LOT. No Building shall be located on a Lot nearer to the Front Lot Line, Side Lot Line or Rear Lot Line than the minimum setback on the recorded plat of subdivision of This Subdivision. Tennis courts and swimming pools shall be screened from the street or streets by a wall, solid fence, evergreen hedge or other visual barrier as approved in writing by the Architectural Review Committee. No tennis court or swimming pool shall be located on a Lot nearer to the Front Lot Line, or a Side Lot Line adjoining a street, than the minimum setback shown on said recorded plat. If there is no indication on the plat of subdivision of the minimum Front, Rear or Side setback lines, the following setback lines shall be deemed applicable to the extent not shown:

Minimum Front Setback: 60 feet

Minimum Side Setback: 10% of width or 20 feet, whichever is less

Minimum rear Setback: 10% of depth of lot

provided that the Architectural Review committee may authorize variations in its discretion. Where two (2) or more Lots are acquired as a single building site, the side building lines shall refer only to those bordering the adjoining property owner.

5. LOT AREA AND WIDTH. None of the Homesites shall at any time be subdivided into two or more ownerships and no building site shall be less in area than the acreage shown on the pertinent parcel on the plat of the subdivision recorded in the Public Records of Lake County, Illinois.

6. DRIVE WAYS. Access driveways and other paved areas for vehicular use on a Lot shall have a base of compacted gravel, crushed stone or other approved base material and shall be surfaced with either asphalt or concrete. Plans and specifications for driveways, flared end culverts, pavement edging or markers shall be as approved in writing by the Architectural Review Committee. Driveways may access the adjacent street at one location only, unless otherwise approved by the Architectural Review Committee.

7. NATURAL DRAINAGE WAYS. Where there exists on any Lot or Lots a condition or accumulation of storm water remaining over an extended period of time, the Lot owner may, with the written approval of the Architectural Review Committee, take such steps as shall be necessary to remedy such condition, provided that no obstructions or diversions of existing storm water drainage swales and channels over and through which surface storm water naturally flows upon or across any Lot shall be made by the Lot owner in any manner which may cause damage to or otherwise adversely affect the use of other property, except in areas designated as drainage easements; nor may any Owner impair the use or function of the Stormwater Detention Facilities and Improvements in any manner other than as permitted by the Village of Wadsworth. The Architectural Review Committee may authorize the installation of drain tile and other conduits at any location within a drainage easement to permit the proper drainage of any other Lot or other property in Willows of Wadsworth, but only if the proposed action is first approved in writing and a permit issued by the Village of Wadsworth.

8. EASEMENTS. Declarant hereby declares, grants end reserves the following easements in This Subdivision for the benefit or each and all of the Lots, parcels and lands located in Willows of Wadsworth, as well as for those entities hereinafter named.

A. The County of Lake and the Village of Wadsworth and all public utility companies, including but not limited to Commonwealth Edison Company, Illinois Bell Telephone company and Northern Illinois Gas company, to install, place and maintain gas mains, conduits, cables, poles and other wires, either overhead or underground with all necessary braces, guis, ankers, and other appliances in, along and over the strips of land designated on the Plat and marked "Utility Easement", in the areas specified in Clause IV, paragraph 14, and for underground facilities in all easements for the purpose of serving the public in general with gas, electric, telephone services, and cable television, including the right to enter upon the said easements for public utilities at all times for any and all of the purposes aforesaid, and to trim and keep trimmed any trees, shrubs or saplings that interfere with any such utility equipment. No permanent buildings shall be placed on said easements, but same may be used for gardens, shrubs, landscaping and other purposes that do not interfere with the use of said easements for such public utility purposes. Utility easements not shown on the Plat require the prior written approval of the Village of Wadsworth; and Declarant receives the right to modify the Plat for such purposes and to such approval of such modified Plat.

B. Over those portions of This Subdivision delineated by dashed lines on the plat of subdivision and designated "Drainage Easement" and "Detention", to the Village of Wadsworth for the purpose of installing and maintaining a drainage swale, stern sewer or waterway for the purpose of draining and storing surface water run off. No permanent buildings shall be placed on said easements, but same may be used for gardens, shrubs, landscaping and other purposes that do not interfere with the use or potential use of said easement for drainage and storm water storage purposes. The Village of Wadsworth shall also have an easement to enter onto all Stormwater Detention Facilities and Improvements, as provided in Clause VI, paragraph 6.

C. A perpetual joint easement is hereby reserved in Declarant and is granted in favor of the Association, to construct, maintain and replace within This Subdivi-sion entry treatments at the intersections of any and all public ways, together with reasonable access thereto and in and to an area 15 feet on any side of any such entry treatment for the purpose of maintaining the same.

Declarant reserves the right to: (a) execute and record documentation confirming and defining the rights of any third person maintaining facilities in easement areas, and (b) to assign its rights hereunder, all of which acts shall be binding upon each Lot in This Subdivision.

9. PROHIBITIONS. Except for (a) the development and sales activities of Developer and its contractors, employees and agents, and (b) construction activities authorized by the Architectural Review Committee, the following prohibitions shall be applicable to all Lots, Buildings and Structures in This Subdivision:

A. No gainful occupation or profession, or other non-residential use, shall be conducted unless permission is granted by Declarant.

B. No noxious or offensive activity shall be carried on, in or upon any premises, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood.

C. No livestock or poultry shall be kept or maintained. No swine, sheep, cattle or other objectionable animals shall be kept, and no animals may be raised for commercial purposes without prior written permission of the Board of Directors of the Association.

D. No burning of refuse shall be permitted other than in proper facilities therefor maintained in or as a part of a Dwelling, except that the burning of leaves and natural prairies and savannah is permitted as and if allowed by applicable laws and regulations.

E. No garage, carport, driveway, or parking area which may be in front or adjacent to or part of any Lot may be used as a habitual parking place for commercial vehicles. The parkway located between the pavement the Front Lot Line of each Lot shall not be used for the parking of commercial vehicles, boats, horse vans, mobile homes, trailers, nor any vehicle other than private passenger automobiles. The term "commercial vehicles" shall include all trucks and all automobiles, station wagons, and vehicular equipment which shall bear signs or have printed on the side of same, reference to any commercial undertaking or enterprise. (The habitual violation of the parking regulations set forth in this paragraph shall be deemed a nuisance and violation of subparagraph b of this Paragraph 9.

F. No temporary buildings, quonset huts, trailers, tents, shacks, or privies shall be constructed, erected or parked upon said premises without the prior written approval of the Homeowner's Association. It is under-stood that the word "trailer" shall refer to a house or camping trailer which could be temporarily occupied for living purposes, and this restriction shall refer also to truck-mounted campers and travel buses, unless such trailer, erected camper, truck-mounted camper or travel bus is enclosed in a garage or surrounded by trees or screening approved by the Architectural Review Committee so that such trailer cannot be viewed from a street or from an adjacent property during any season of the year.

G. No garage, garage apartment, or other outbuilding shall be constructed or erected upon said premises prior to construction and occupancy of the Dwelling.

H. No undomesticated animal nor any other animal having unusually vicious propensities shall be kept or maintained either inside or outside any Building or Dwelling.

I. No plants, seeds, or other materials which harbor or are a source of breeding infectious plant diseases or noxious insects shall be introduced or maintained.

J. No advertising sign, or billboard, including "For Rent" advertising signs, and no visible oil or gas tank for fuel or other purpose, shall be erected or maintained on any Lot; except, however, a sign, not exceeding 12 square feet in area, may be erected during the construction of the house, displaying the name of the general contractor and/or architect, and "For Sale" signs not larger than 24 inches by 30 inches may be erected at any time.

K. No firearm shall be discharged within This Subdivision.

10. NAMEPLATES AND HOSPITALITY LIGHT STANDARDS, TELEVISION OR RADIO ANTENNAE AND TOWERS LAUNDRY DRYING FACILITIES OR FLAG POLES. There shall be not more than one nameplate on each Lot. A nameplate shall not be more than 96 square inches in area, and contain the name of the occupant and/or address of the Dwelling. It may be located on the door of the Dwelling or the wall adjacent thereto, or upon the wall of an Accessory Building or structure, or free-standing. Hospitality light standards, of a design approved by the Architectural Review Committee, may be located within the front yard. No laundry-drying equipment or facilities shall be erected or used outdoors, whether attached to a Building or Structure, or otherwise. Flag poles are permitted provided the pole is not more than 25 feet in height, unless otherwise approved by the Architectural Review Committee. No satellite dish or other antenna deuce shall be allowed and no radio transmitting equipment or other high power electronic equipment shall be permitted without the prior written consent of the Architectural Review Committee.

11. TEMPORARY STRUCTURES. No trailer, basement of an uncompleted Building, tent, shack, garage, and no temporary Building or Structure of any kind shall be used at any time for a residence either temporary or permanent. Temporary Buildings or Structures used during the construction of a Dwelling shall be on the same Lot as the Dwelling, and such Buildings and Structures shall be removed upon the completion of construction.

*12. ARCHITECTURAL CONTROLS. All Buildings, Dwellings, fences, walls or other structures constructed or erected in This Subdivision shall be approved prior to construction, in writing, by the Architectural Review Committee, as to placement, landscaping and design. In all cases, all architectural design and construction methods must be approved by the Architectural Review Committee prior to commencement of construction in an effort to assure relatively high standards in This Subdivision. Whether or not provision therefor is specifically stated in any conveyance of any Lot, the owner or occupant of each and every Lot by acceptance of title thereto or by taking possession thereof, covenants and agrees that no Dwelling, Building, wall, fence or other Structure shall be placed upon such Lot unless and until the plans and specifications therefor and plot plan have been approved, in writing, by the Architectural Review Committee. Each such Dwelling, Building, wall, fence or Structure shall be placed on the Lot only in accordance with the plans and specifications and plot plans so approved. All plans shall show a culvert with flared end sections to be placed in the front or side drainage swale at the point any drive crosses said swale, and said culvert shall be of a size approved by the Architectural Review Committee. The Architectural Review Committee may require a certificate from an engineer licensed in the State of Illinois certifying that said culvert is of an adequate size to prevent impairment to drainage. No culvert shall be placed closer than 8 feet from the edge of the rock driving surface of the road. Refusal of approval of plans and specifications by the Architectural Review Committee may be based on any grounds, including purely aesthetic, which in the sole and uncontrolled discretion of said Architectural Review Committee shall seem sufficient. No exposed cement block construction shall be allowed and any such cement construction shall be completely covered on the exterior surface with stucco, brick veneer or siding material acceptable to the Architectural Review Committee. No building, grading or clearing shall be commenced until a rock driveway at least 60 feet long has been constructed and thereafter maintained to prevent mud from being brought onto the roads. No alteration in the exterior or appearance of the Dwellings, Buildings or Structures, including landscaping and color scheme, shall be made without like approval.

An owner of a Homesite shall submit the following documents to the Chairman of the Architectural Review Committee, or his designee, requesting approval thereof.

A. Three sets of drawings of the proposed structure showing at a minimum floor plans, elevations of all views of the structure, exterior finishes, roofing type, landscaping, driveway location, culvert type and size, exact location of the structure and exterior color scheme on the Lot and fence or wall details; and

B. Three sets of the proposed grading and landscape plan for the Lot:

C. Three sets of architectural specifications for the above; and

D. A copy of the individual septic disposal permit from the Lake County Health Department and the approved septic system layout.

E. The address for mailing the determination of the Architectural Review Committee.

All submittals shall contain sufficient detail to procure a building permit thereon, and such additional detail as may be required by the Architectural Review Committee. The Architectural Review Committee shall meet within thirty (30) days of the date the plans shall have been submitted for approval to review plans and specifications and other materials submitted by applicant, and render its written approval or rejection thereof. The deposit of such approval or rejection in the U.S. mail to the designated address, postage prepaid, shall be sufficient notice of such determination.

13. COMMUNITY GROUNDS AND PATHS. Any community grounds within This Subdivision may be used by all residents of Willows of Wadsworth and their guests for recreational purposes. There are reserved for the use of all homesite owners within Willows of Wadsworth all paths and road easements as shown on the plat of This Subdivision which are filed in the Public Records of Lake County, Illinois.

14. UTILITY EASFMENTS DRAINAGE EASEMENTS AND FIELD TILE. A strip of land ten (10) feet wide, running adjacent and parallel to each Side, Front and Rear Property Line of each parcel is subject to an easement, if and when such easement is first approved in writing by the Village of Wadsworth, and as shown on the recorded plat, for the installation and maintenance of utilities, and for the construction and maintenance of drainage facilities by the Subdivider, its successors or assigns or by the municipality or any utility company franchised to do business in the area of said subdivision or additions thereto. For these purposes, the "front line" of each estate shall be the edge of the road right-of-way shown on the plat of the subdivision, the easements being on the ten (10) feet lying outside the road right-of-way. Road easements and "entrance structure" easements shown on the plat of the subdivision shall also be available to the Subdivider or to franchised utility companies serving said subdivision for the construction, servicing and maintenance of utilities. Electrical service from primary distribution lines on the Front, Side, or Rear of each Lot shall be at the expense of each owner and shall be underground from said primary line to any structure on any Lot and shall use ground-mounted transformers only. Subdivider reserves the exclusive right, without joinder of owners of lands within said subdivision to grant easements to the municipality or any utility companies in the locations described above, but said owners shall join in any such grants if requested to by Subdivider. It shall be the obligation of each owner of a Lot in This Subdivision to procure the necessary permits from the Village of Wadsworth to repair or reroute any existing field tiles encountered during construction on his Lot, and to complete such repairs and rerouting promptly and ill conformity with applicable permits.

15. GRASSING AND FENCING. The owners of Lots in This Subdivision shall be responsible for the maintenance of parkways located between their Lot Lines and edges of street pavements which abut said Lots as well as adjoining cul-de-sac landscape islands. After construction of a Dwelling is completed on a Lot, the owner of such Lot shall grade the land between the edge of the driving pavement and the undisturbed ground on his property, maintain the ditchline, if any, along the edge of said driving pavement, and shall seed, fertilize and cause grass to grow from said edge into his Lot, cover all disturbed soil left bare by construction of roads, and thereafter keep said grass mowed to a height not exceeding four (4) inches. In the event an owner shall clear a portion of his Homesite, he shall plant grass on the cleared area. he shall plant grass on the cleared area. Said owner shall maintain and keep his Homesite in good appearance by cutting all weeds and underbrush and by cutting and maintaining all lawns to a height of not more than four (4) inches. Unless required for construction and/or septic and well purposes, Owner shall be required to maintain existing trees on said Lot.

At any time, and from time to time, the Association or the Declarant may, at their option, enter the homesite and plant grass or clear the weeds and underbrush and thereafter maintain the Homesite in good appearance. No such entry shall be deemed a trespass. If the Association or Declarant chooses to exercise this option, any planting, underbrush clearing or grass cutting by the Association or Declarant shall cause a lien to arise and be created in favor of the Association or Declarant against any such Homesite for the full amount expended or otherwise chargeable therefor, including the cost of supervision, contracting fees and office overhead. The full amount chargeable to such Homesite shall be due and payable within thirty (30) days after the owner has been billed therefor, and the lien shall be enforceable in the same manner as liens created pursuant to Clause VI, paragraph 4 hereof.

Declarant may modify the specifications for fencing from time to time, and all Owners shall conform fencing thereafter erected to the new specifications. No fence shall be constructed unless approved, prior to erection, by the Declarant or the Architectural Review Committee.

16. DEVIATIONS BY AGREEMENT WITH DECLARANT. Declarant hereby reserves the right to enter into agreements with the grantee of any Lot or Lots without the consent of grantees of other Lots or adjoining or adjacent property to deviate form any or all of the Covenants set forth in this Clause IV, provided Declarant shall in its sole discretion determine that there are causes, difficulties or hardships evidenced by the grantee to warrant such deviation, and no such deviation (which shall be evidenced by an agreement in writing) shall constitute a waiver of any such Covenant as to the remaining real property in This Subdivision nor shall same constitute a violation of a Covenant within the meaning of Paragraph 2 of Clause VII. However, no deviations may be permitted which affect either the Open Space or the Stormwater Detention Facilities and Improvements without the prior written approval of the Village of Wadsworth.

17. DEED RESTRICTED OPEN SPACE AREAS. These areas as designated on the final plat shall be maintained in their natural undisturbed condition and no man-made structures of any kind shall be constructed thereon, nor shall any grading be permitted on any deed restricted open space except according to the regulations of the Wadsworth ordinances that apply to these areas. All natural vegetation shall be preserved and main-tained, and shall not be mowed, cultivated, sprayed, or in any way disturbed without following the required procedures of the Village of Wadsworth. Noxious plant material may be removed, subject to a landscape plan approved by the Plan Commission. (Refer to Village of Wadsworth Ordinance No. 86-213, Article Three, Section E.)

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CLAUSE V

ARCHITECTURAL REVIEW COMMITTEE

1. CREATION. The Architectural Review Committee shall initially consist of three members as follows:

B. J. Spathies
Eve B. Lee
Thomas Small

In the event of death or resignation of any member of the Committee, Declarant shall have the right to designate a successor so long as Declarant shall own real estate or interests therein aggregating 10% or more of the area within Willows of Wadsworth. Declarant shall have the further right to increase the membership of and to fix rules of procedure for the Architectural Review Committee. If at any time there shall be a vacancy on the Architectural Review Committee and Declarant shall fail or be unable, after 30 days written notice from the Willows of Wadsworth Community Association, to appoint a successor to each vacancy, such successor may be appointed by the Willows of Wadsworth Community Association.

2. PROCEDURE. All plans, specifications, and other material, for the improvement of any Lot shall be filed in the office of the Declarant, Lake County, Illinois, for referral to the Architectural Review Committee, as provided in Clause IV, paragraph 12 hereof. The Architectural Review Committee's approval or disapproval on matters required by this Declaration shall be by majority vote of the Committee. A report in writing setting forth the decisions of the Committee and the reasons thereof shall thereafter be transmitted to the applicant by the Architectural Review Committee within 30 days after the date of filing the plans, specifications, and other material by the applicant. The Architectural Review Committee will aid and collaborate with prospective builders and make suggestions from preliminary sketches. Prospective builders are encouraged to submit preliminary sketches for informal comment prior to the submittal of architectural drawings and specifications for approval. Exhibit B more specifically outlines the Minimum Architectural Guidelines of the Architectural Review Committee, but nothing therein alters or impairs the broader authority of the Architectural Review Committee expressed in these Covenants.

In the event: (a) the Architectural Review Committee fails to approve or disapprove in writing within 30 days after submission, the final plans, specifications and other material, as required in this Declaration; and (b) no suit to enjoin construction has been filed within 30 days after commencement of such construction, approval shall not be required.

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CLAUSE V I

WILLOWS OF WADSWORTH COMMUNITY ASSOCIATION

1. CREATION AND PURPOSES. There shall be formed an Illinois not-for-profit corporation to be known as the Willows of Wadsworth Community Association (hereinafter referred to as the "Association"), whose purposes shall be to insure high standards of maintenance and operation of all property in Willows of Wadsworth now or hereafter reserved by Declarant for the common use of all residents and owners of property therein including the Stormwater Detention Facilities and Improvements, and to insure the provision of services and facilities of common benefit, and in general to maintain and promote the desired character of This Subdivision and other property in Willows of Wadsworth heretofore or hereafter subjected by Declarant to the Covenants or other covenants comparable to those contained in this Clause VI.

2. MEMBERSHIP AND VOTING. Declarant and every record owner of a fee simple interest in this Subdivision and other property in Willows of Wadsworth heretofore or hereafter subjected by Declarant to the Covenants contained in this Clause VI, shall become and be a member of the Association, and each such member shall be entitled to one vote for each Lot owned by him or it on each matter submitted to a vote of members, provided, that where title to a Lot is in more than one person, such co-owners acting jointly shall be entitled to but one vote. Anything herein to the contrary notwithstanding, each full platted Lot on a plat of subdivision shall be deemed a separate Lot, entitling the owner thereof to one vote for each such full Lot owned. A majority of the total number of votes available to all members of the Association shall be required for the creation of the initial by-laws and rules of procedure for the Association, except as otherwise provided herein.

3. POWERS AND DUTIES OF THE ASSOCIATION. The Association shall have the following powers and duties with respect to This Subdivision and other property in Willows of Wadsworth heretofore or hereafter subjected by Declarant to Covenants comparable to those contained in this Clause VI:

A. To manage, control and maintain the entry treatments, lakes, streams and Community Grounds and facilities, if any.

B. To the extent such services are not provided by any governmental body:

(i) To care for, spray, trim, protect and replant trees on all streets and in other public places where trees have once been planted, and to care for, protect and replant shrubbery and grass in the parkways which are in the streets and in the parks set aside for the general use of residents.

(ii) To provide for the plowing and removal of snow from public streets.

(iii) To provide for the cleaning of streets, gutters, catch basins, and for the repair and maintenance of storm sewers and drainage facilities.

C. To mow, care for, and maintain vacant and unimproved property and to remove rubbish from same and to do any other things necessary or desirable in the judgment of the officers of the Association to keep any vacant and unimproved Property and parkways in front of any property neat in appearance and in good order.

D. To provide for the maintenance of the Open Space and for the care and maintenance of facilities in any public street or park, or on any land set aside for the general use of the property residents, to include public lighting.

E. To own or lease such real estate as may be reasonably necessary in order to carry out the purposes of the Association, and to pay taxes: (i) on such real estate as may be owned by it; and (ii) which may be assessed against the community grounds whether or not owned by the Association.

F. To make such improvements to the community grounds and parkways within streets and provide such other facilities and services as may be authorized from time to time by the affirmative vote of two-thirds of the members of the Association acting in accordance with its constitution and by-laws, provided, however, that any such action so authorized shall always be for the express purpose of keeping the area over which it has jurisdiction a highly desirable and exclusive residential community.

G. To create and manage financial reserves to provide for the foregoing duties.

H. To appoint members of the Architectural Review Committee when and as permitted in Clause V hereof.

4. METHOD OF PROVIDING GENERAL FUNDS.

A. For the purpose of providing a general fund to enable the Association to exercise the powers, and make and maintain the improvements and render the services herein provided for, the Board of Directors or other responsible officers of the Association shall determine for each year the total amount required for such year. If such amount, or any portion thereof, is approved by a majority of the total number of votes available to all members of the Association, then the Association may levy an annual assessment for property (other than lake and common grounds) in the area over which it has jurisdiction. Each owner of a Lot shall be assessed an equal amount for each Lot owned. The budget shall be divided by the number of platted lots of record which are improved with Dwellings or Buildings, and the resultant figure assessed to each Lot as the annual assessment.

B. In the event of failure of any owner to pay any assessment on or before 30 days following notice to such owner of such assessment or the scheduled due date thereof, if later, then such assessment shall become delinquent and shall bear interest at the rate of twelve (12%) percent per annum from the due date thereof to the date of payment, and the Association shall have a lien on each Lot against which such assessment is levied to secure payment thereof, in the principal amount owing plus interest and collection costs. When delinquent, payment of both principal and interest may thereafter be enforced against the owner personally, and/or as a lien on said real estate. The Association may, at its discretion, file certificates of non-payment of assessments in the office of the Recorder of Deeds whenever any such assessments are delinquent. For each certificate so filed, the Association shall be entitled to collect from the owner or owners of the real property described therein a processing fee of $10.00, which fee is hereby declared to be part of the collection costs. No lien for assessments shall be enforceable against a bona fide purchaser for value and without notice of the unpaid assessment, unless a notice thereof has been recorded with the Recorder of Deeds before such purchaser acquires an interest in the assessed property.

C. The liens herein provided shall be subject and subordinate to the lien of any valid mortgage or deed of trust now existing.

D. Such liens shall continue for a period of 5 years from the date of delinquency and no longer, unless within such time suit shall have been filed against the property for the collection of the assessment, in which case the lien shall continue until the termination of the suit and until the sale of the property under execution of the judgment in such suit.

5. EXPENDITURES LIMITED TO ASSESSMENT FOR CURRENT YEAR. The Association shall not expend more money within any one year than the total amount of the assessment for that particular year, plus any reserves which it may have on hand.

6. SPECIAL RULES - STORMWATER DETENTION FACILITIES.

A. It shall be the responsibility of the Association to maintain and care for the Stormwater Detention Facilities and Improvements and park and Open Space areas within its jurisdiction. Each Homesite owner shall bear his or her proportion of responsibility and cost for the continued maintenance, operation and preservation of the Stormwater Detention Facilities and Improvements, both on the surface and underground, and the preservation of the hydraulic characteristics thereof. Each Homesite owner's deed shall state the owner's liability for maintenance of the improvements.

B. The Declarant shall be responsible for the maintenance of all improvements specified in the above paragraph until such time as occupancy permits for eighty (80%) percent of the Lots in Willows of Wadsworth Subdivision have been issued, or until such time as eighty (80%) percent of the Lots therein have been sold, whichever occurs first. Thereupon, maintenance responsi-bility shall become the responsibility of the Association, provided that said transfer of responsibility shall not occur until all requirements of the applicable ordinance relating to on-site detention improvements have been complied with and final inspection, approval and a certificate of compliance has been made by the Village of Wadsworth, and any other agency authorized by ordinance to inspect and approve the improvements. All on-site detention improvements shall be maintained in perpetuity and cannot be developed for any other use which would limit or cause to limit their use and function for the management of stormwater. Nothing herein precludes the Developer from seeking and enforcing reimbursement from the Association for expenses attendant to compliance herewith.

C. The duly designated officials and employees of the Village of Wadsworth are hereby granted an easement to enter upon, on and over areas of on-site detention improvements and park land and Open Space for the purpose of inspecting such areas and to determine whether the improvements and systems therein and thereon have been and are being properly maintained in conformity with this Declaration and the applicable ordinance and regulations. If it is determined that the facilities are not in conformity with applicable restrictions, ordinances and regulations, the Village of Wadsworth may give the Association written notice of such determination.

D. Further, the Village of Wadsworth shall be empowered to compel correction of a problem concerning maintenance after providing notice to the Association, although notice shall not be required in the event that the Village of Wadsworth determines that the failure of maintenance constitutes an immediate threat to public health, safety and welfare. If the Association fails to perform the necessary maintenance within a reasonable time after receiving notice of the determination, the Village of Wadsworth shall have the right but not the obligation to perform or cause to be performed such maintenance or other operations necessary, to preserve the drainage structures and characteristics of the on-site detention improvements and the park land and Open Space. If the Village of Wadsworth chooses to perform such service, it shall be entitled to complete reimbursement by the Association. The easement described in this section is an easement appurtenant, running with the land; it shall at all times be binding upon the Declarant, all of its grantees and their respective heirs, successors, personal representatives and assigns, perpetually and in full force.

7. PROCEDURE FOR AMENDMENTS. This Clause VI may be amended at any time by written consent of two-thirds of the total number of votes available to members of the Association evidenced by an agreement or agreements for that purpose duly executed and acknowledged by such members and recorded in the Office of the Recorder of Deeds of Lake County, Illinois except that no amendment may be made which affects any provision inuring to the benefit of the Village of Wadsworth without its prior written approval.

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CLAUSE V I I

GENERAL PROVISIONS

1. Each of the Covenants set forth in this Declaration shall continue and be binding as set forth in Paragraph 2 of this Clause VII for an initial period of 30 years from the date of recording of this Declaration with the Recorder of Deeds of Lake County, Illinois and thereafter for successive periods of 25 years each; provided however, that the easements and provisions relating to the creation, maintenance and care of the Open Space and its Stormwater Detention Facilities and Improvements and compliance with applicable ordinances and regulations relating to the same, are and shall be perpetual, and may only be modified with the prior written approval of the Village of Wadsworth.

2. The Covenants herein set forth shall run with the land and bind Declarant, its successors, grantees and assigns, and all parties claiming by, through, or under them. Declarant, the Association, any Homesite owner and the Village of Wadsworth shall each have the right to sue for and obtain a prohibitive or mandatory injunction or any other equitable remedy to prevent the breach of, or to enforce the observance of, the Covenants above set forth, or any of them, in addition to the right to bring an ordinary legal action for damages.

Wherever there shall have been built on any Lot in This Subdivision any Dwelling or Structure which is and remains in violation of the Covenants above set forth, or any of them, for a period of 30 days after receipt by the owner of such Lot of written notice of such violation from Declarant, then Declarant or persons authorized by it shall have, in addition to the foregoing rights, the right to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner, and such entry and abatement or removal shall not be deemed a trespass. In no event shall the failure of Declarant to enforce any of the Covenants herein set forth as to any violation be deemed to be a waiver of the right to do so as to any violation nor shall such failure entitle any owner to claim, sue for or receive any damages or other payment from Declarant.

3. Except with respect to Clause VI, and except as to any matters which may affect the Open Space or the Stormwater Detention Facilities and Improvements (which requires the prior written approval of the Village of Wadsworth), the record owners in fee simple of the Lots in This Subdivision may revoke, modify, amend or supplement in whole or in part any or all of the Covenants and conditions contained in this Declaration and may release from any part or all of said Covenants all or any part of the real property subject thereto, but only at the following times and in the following manner:

A. Any such change or changes may be made effective at any time within 10 years from the date of recording of this Declaration if consent thereto is procured from the record owners in fee simple of the real estate which constitutes 80% of the surface area within (i) This Subdivision and (ii) all other portions of Willows of Wadsworth subjected to the Covenants and (iii) all other portions of Willows of Wadsworth owned by Declarant.

B. Any such change or changes may be made effective after the end of said initial 10 year period if the record owners in fee simple of at least two-thirds of the Homesites in This Subdivision and all other portions of Willows of Wadsworth subjected to the Covenants consent thereto.

C. Any such consents shall be effective only if expressed in a written instrument or instruments executed and acknowledged by each of the consenting owners (and Declarant, if required) and recorded in the Office of the Recorder of Deeds of Lake County, Illinois.

D. In the event of a conflict between the terms and conditions contained herein and those of the Wadsworth ordinances, the more stringent provision shall prevail.

A recordable certificate by an accredited abstractor or title quaranty company doing business in Lake County, Illinois, as to the record ownership of said property shall be deemed conclusive evidence thereof with regard to compliance with the provisions of this section. Upon and after the effective date of any such change or changes, it or they shall be binding upon all persons, firms, and corporations then owning property in This Subdivision and shall run with the land and bind all persons claiming by, through or under any one or more of them.

4. All Covenants, liens and other provisions herein set forth shall be subject to and subordinate to all existing mortgages or deeds of trust in the nature of a mortgage encumbering any of the real property in Willows of Wadsworth, and none of said Covenants, liens or other provisions shall supersede or in any way reduce the security or affect the validity of any such mortgage or deed of trust in the nature of a mortgage. However, if any such property is acquired in lieu of foreclosure, or is sold under foreclosure of any mortgage or under the provisions of any deed of trust in the nature of a mortgage, or under any judicial sale, any purchaser at such sale, his or its grantees, heirs, personal representatives, successors or assigns shall hold any and all such property so purchased or acquired subject to all the Covenants, liens and other provisions of this Declaration.

5. If a court of competent jurisdiction shall hold invalid or unenforceable any part of any Covenants or provisions contained in this Declaration, such holding shall not impair, invalidate or otherwise affect the remainder of this Declaration, which shall remain in full force and effect.

6. Declarant reserves the right to vest the Association or any other not-for-profit corporation with all duties herein retained or reserved by the Declarant by written instrument or instruments in the nature of an assignment which shall be effective when recorded in the Office of the Recorder of Deeds of Lake County, Illinois, and Declarant shall thereupon be relieved and discharged from every duty so vested in the Association or in such other not-for-profit corporation.

7. Each owner of a Homesite in Willows of Wadsworth shall file the correct mailing address of such owner with Declarant and shall notify Declarant promptly in writing of any subsequent change of address. Declarant shall maintain a file of such addresses and make the same available to the Association. A written or printed notice, deposited in the United States Post Office, postage prepaid, and addressed to any owner at the last address filed by such owner with Declarant shall be sufficient and proper notice to such owner wherever notices are required in this Declaration.

8. All rights and remedies available to Declarant under the terms of the Covenants shall be exercisable by any one of the following, and all notices, consents and acts of any one of the following in connection with the Covenants shall be binding upon all persons, as fully as if the same were the acts, consent or notice of Declarant: (i) Willows of Wadsworth Partnership, the beneficiary of Declarant; (ii) Fogelson Wadsworth Corporation, general partner of said beneficiary; (iii) any transferee of all of the real estate in Willows of Wadsworth from time to time owned by Declarant; or (iv) any transferee of the entire beneficial interest in Declarant.

THIS DECLARATION is executed by INDEPENDENT TRUST CORPORATION, as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. It is expressly understood and agreed by every person, firm or corporation hereafter claiming any interest under its Declaration that the INDEPENDENT TRUST CORPORATION, as Trustee as aforesaid, and not personally, has joined in the execution of this Declaration for the sole purpose of subjecting the title holding interest and the trust estate under said Trust 20082 to the terms of this Declaration; that any and all obligations, duties, covenants and agreements of every nature herein set forth by INDEPENDENT TRUST CORPORATION, as Trustee or Declarant as aforesaid to be kept and performed, are intended to be kept, performed and discharged by the beneficiaries under said Trust 20082 or their successors, and not by INDEPENDENT TRUST CORPORATION personally; and further that no duty shall rest upon INDEPENDENT TRUST CORPORATION either personally or as such Trustee, to sequester trust assets, rentals, avails or proceeds of any kind, or otherwise to seek fulfillment or discharge of any obligation, express or implied, arising under the terms of this Declaration, except where said Trustee is acting pursuant to direction as provided by the terms of said Trust 20082 and after the Trustee has first been supplied with funds required for the purpose. In the event of conflict between the terms of this paragraph and of the remainder of this Declaration on any question and of the remainder of this Declaration on any question of apparent liability or obligation resting upon said Trustee, the exculpatory provisions hereof shall be controlling.

IN WITNESS WHEREOF, Declarant has caused this instrument to be executed and attested as of the day and year first above written, and to be submitted to the Lake County Recorder of Deeds to record in the title deeds of This Subdivision.

INDEPENDENT TRUST CORPORATION
as Trustee aforesaid and not individually
By: __________________________
CHERYL JAWORSKY, Trust Officer

ATTEST:

________________________
ROBERT.J. McCORMICK
Trust Officer

CHICAGO TITLE AND TRUST COMPANY
as Trustee aforesaid
by: ______________________________
Lois Seymour, Asst. Vice President

ATTEST:
_________________________
Darlene Bellis
Asst. Secretary

EXHIBIT "B"

WILLOWS OF WADSWORTH

ARCHITECTURAL REVIEW COMMITTEE

ARCHITECTURAL GUIDELINES

WILLOWS OF WADSWORTH - Design Philosophy:

Willows of Wadsworth consists of approximately 102 acres located in Wadsworth, Illinois. This prime land is composed of meadows, wooded areas, and gently rolling hills with spectacular views.

The development is being built to create rural homesites. The project will provide an opportunity for ownership within a controlled environment which is sensitive to natural terrain and unique resources. Design concepts have been developed calling for maintaining consistency with the contiguous areas in quality, aesthetics, and prestige. Extensive research into buyers' preferences have resulted in plans which include the installation of facilities not currently available in most of the surrounding area.

Fundamental to the design criteria is the desire for homes to harmonize with the native terrain and natural beauty of the area. Roadways conform to the natural contour of the topography. Accordingly, individual homesites are to remain in their existing form and topographic conditions as much as possible.

With a view towards protecting and maintaining the integrity and appearance of this community, the following architectural guidelines have been established to indicate the philosophy of the Architectural Review Committee and to convey the requirements which must be met before development activities can commence on individual homesites.

Architectural Review Committee:

It is the intention of the Architectural Review Committee to encourage a style of design that is in character with the Willows of Wadsworth Design Philosophy to ensure the interfacing of residential structures in a compatible style within the community.

The Architectural Review Committee does not seek to restrict individual creativeness or preferences, but rather to maintain a compatible flavor of the community and the natural amenities for its residents. Extensive individual consideration will be given to the aesthetic and physical relationships of building to site and building to building.

The Architectural Review Committee is composed of 3 voting members. Additionally, a professional architect, who is a non-voting member, may serve on the Committee.

The Architectural Review Committee will use the Architectural Guidelines for the purpose of reviewing proposed projects but may individually consider the merits of any project due to special conditions that are felt to provide benefits to the adjacent area, the specific site, or to the community as a whole.

Prior to the commencement of any construction activity of any type on any residential lot, an APPLICATION FOR APPROVAL of such work must be submitted by the property owner to the Architectural Review Committee. Included with the application shall be such documents and other information as may be requested by the Committee. Approval by the Architectural Review Committee must be received prior to the start of grading or construction. It is recommended that all plans be submitted on a preliminary basis to the Committee for review prior to formal application.

Siting:

The Architectural Review Committee will consider each homesite independently, and will give extensive consideration to each individual development plan's impact upon adjacent homesites and view corridors. Care must be taken to site each structure, whenever possible, so as not to infringe upon view corridors, adjacent structures and homesites, solar exposure, and natural amenities of the area.

Design consideration must be given to the following:

1. Physical terrain of the site
2. Sun orientation and exposure
3. Wind orientation and exposure
4. Rain and snow
5. Views from project site
6. Views to the project site from adjacent lots
7. Natural amenities:
- existing landscaping
- existing water and drainage channels
8. Proximity of adjacent structures
9. Driveway access
10. Height of structures.

Weather and Climatic Conditions:

Willows of Wadsworth is located in a climate subject to variation. Because of the changes in seasons, weather factors should be carefully considered.

Sun:

Sun control should be given careful design consideration since the sun shines frequently during the course of the year. With the number of sun-filled days that are realized, energy conservation, both active and passive, is encouraged. Use of overhangs is well worth considering in design efforts for sun control in summer and heating in winter.

Wind:

The wind may be gusty in the meadow areas, but softens to an enjoyable breeze in areas which are more protected and dense with vegetation.

Consideration should be given to utilizing the breezes for passive cooling by providing proper cross ventilation design whenever possible.

Rain and Snow:

Rain and snow at Willows of Wadsworth is typical of the Lake County, Illinois region. Drainage considerations for individual sites play an important part of the overall ecological balance of the site. Water runoff must be handled by adequately sloping all areas so that runoff can be directed to the natural drainage areas or to storm drain facilities.

Grading and Excavation:

The design and development concepts of Willows of Wadsworth call for the maintenance of the environment in as much of the original conditions as possible.

The Architectural Review Committee is particularly conscious of site utilization and potential, and is aware that "less is more" when examining grading concepts. The Architectural Review Committee is aware that wherever possible structures should be designed to the lot and lots not designed to accommodate structures.

It is important to remember that the beauty of Willows of Wadsworth is in the land and its natural features, and that the architecture should compliment and enhance rather than compete with or destroy this beauty.

In order to help insure compliance with this philosophy as part of a preliminary design submittal, a grading plan will be required. A grading permit must be obtained from the Architectural Review Committee before earth is moved or removed from a specific homesite. Absolutely no grading whatsoever shall be permitted without first obtaining this permit.

All grading reviews shall be subject to the jurisdiction of the Architectural Review Committee and shall be considered individually for each lot. Recommendations or demands will be based upon individual lot locations, terrain, soil conditions, drainage, cuts and fills, and whatever other conditions the Architectural Review Committee feels impacts upon the site grading design.

Exterior Materials and Colors:

As previously stated in the Willows of Wadsworth Design Philosophy statement, the intended style of the architecture of the community is to make dwellings compatible. Perhaps the most critical design criteria is the exterior building design of the structure.

The Architectural Review Committee is not interested in dictating design forms as long as the style and character is maintained. Nevertheless, the committee shall be extremely concerned with and critical towards the colors and materials specified to cover the architectural forms.

Roof:

Roof color, textures and forms are important, especially when visible from surrounding lots and streets. The shapes and slopes can be critical in determining the compatibility of the design within the established character of the project.

Landscape: (softscape: all plant material and vegetation)

Native. shrubs and trees are present at Willows of Wadsworth, and are considered to be essential to the continued beauty of the community. It is important that these shrubs and trees remain intact on the site.

Owners will be encouraged by the Architectural Review Committee to landscape their lots with plant materials indigenous to the existing area, and to leave untouched as much as possible the existing vegetation and natural amenities of the terrain.

The use of earth berming along with natural landscape screening and barriers will be encouraged.

Removal of any tree with a trunk diameter over 8 inches must be approved by the Architectural Review Committee.

All graded slopes are to be planted with vegetation that is acceptable to the Architectural Review Committee to prevent erosion.

Landscape: (hardscape: walkways, driveways)

Hardscape should complement the landscape and natural contours of the site. Colors should be kept in earthen tones and are encouraged to blend with natural vegetation.

The textures of hardscape are important in the relationship of paving to buildings and landscape. Careful consideration should be given to quality, quantity, design, and interfacing with surrounding landscaping and adjacent structures.

Planters and retaining walls should consist of, but not be limited to, the same materials as described for exterior building walls, and they should be designed with considerations of compatibility to the landscaping and building structures.

Signing:

Residential identification signing shall be limited to a total maximum surface area of 144 square inches, excepting the entry signage. Wood carved signs will be encouraged by the Architectural Review Committee and must follow the same color restrictions as those for building exteriors. Simplicity in the design of signage is preferred.

Signs may not be located more than 3' - 0" above grade and must be securely affixed to posts, structure, or some solid element.

Lighting:

Exterior sign, pool, and landscape lighting must not infringe upon adjacent neighbors. All accent lighting should utilize low-voltage, or direct task type fixtures, and should be as close to grade as possible. Tennis court lighting shall be permitted on private residential homesites in excess of 2 acres only where courts are lower than, or naturally shielded from, adjacent homesites.

Tennis Courts:

Tennis courts should be located so that they will not infringe upon view corridors. Courts should be naturally screened from adjacent homesites whenever possible and wind screens should be kept to moderate heights.

A plot plan showing the tennis court location shall be provided for the Architectural Review Committee showing any and all proposed grading.

Pools, Therapy Pools, Spas:

The location of swimming pools, therapy pools and spas (including hot tubs) should consider:

1. Indoor/outdoor relationships
2. Set backs
3. Wind
4. Sun
5. Terrain (grading and excavation)

No above ground pools will be permitted.

Auxiliary Structures:

Auxiliary structures are defined as, but not limited to, the following:

1. Trellis or roofed shade structures
2. Greenhouses and lattice houses

Development criteria and requirements for approval by the Architectural Review Committee for auxiliary structures shall be consistent with the design concepts of these Architectural Guidelines.

Remodeling and Additions:

Remodeling and additions to existing improvements including landscaping are required to meet the same criteria as new construction. All criteria concerning aesthetics, color, site location, wind, sun, landscape, grading and excavation, roofs, height limit, setbacks, lighting, etc., will be of significant concern to the Architectural Review Committee. Plans must be submitted for review by the Architectural Review Committee.

AGREEMENT TO MODIFY DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS

Agreement made this _____ day of _________________, 199__, by and between INDEPENDENT TRUST CORPORATION, not personally but as Trustee under trust agreement dated November 1, 1988 and known as Trust No. 20082 ("Declarant") and ____________________________ ("Grantee").

Recitals

Declarant previously acquired from Chicago Title and Trust Company, as Trustee under trust agreement dated June 13, 1989 and known as Trust No. 1092711 ("Chicago Title Trust No. 1092711"), the real estate located in Lake County in the State of Illinois commonly known as Willows at Wadsworth (the "Property"). The Property was subdivided into individual lots and certain of the lots have been sold by the Declarant. Prior to the acquisition by Declarant of the Property from Chicago Title Trust No. 1092711, Declarant and Chicago Title Trust No. 1092711 created, on or about July 2, 1990, a certain Declaration of Covenants, Conditions and Restrictions (the "Declaration"), which affects the Property and which Declaration was recorded in the office of the Recorder of Deeds of Lake County, Illinois ("Recorder") on August 10, 1990 as Document No. 2933547. Chicago Title Trust No. 1092711 assigned all of its interest in the Declaration to the Declarant by Assignment of Rights dated August 24, 1990 and recorded in the office of the Recorder on September 21, 1990 as Document No. 2946754. Thereafter, Declarant amended the Declaration by a First Amendment dated April 1, 1991 and recorded in the office of the Recorder on April 25, 1991 as Document No. 3011802. The Declaration, taken together with the Assignment and First Amendment thereto, is hereinafter collectively termed the "Declaration." Contemporaneously herewith, Grantee is acquiring from Declarant the real estate ("Real Estate") legally described on Exhibit A attached hereto and made a part hereof, which Real Estate is an individual lot located in the Property. Section 1 of Clause IV of the Declaration requires that the purchaser of a Lot (as defined in the Declaration) commence construction of a Dwelling on a Lot within 24 months of the date of such purchaser's acquisition of the Lot from the Declarant. Section 16 of Clause IV of the Declaration permits the Declarant and Grantee, by agreement between them, to modify the provisions of Clause IV, including Section 1 thereof. Grantee has advised Declarant that it would constitute a severe hardship, economic and otherwise, to require the Grantee to comply with the 24 month provision of Section 1 as aforesaid, and Declarant, having been satisfied that such a hardship exists, in the exercise of its discretion, has agreed to permit the Grantee a deviation from such 24 month obligation.

NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows:

1. The Recitals set forth above are incorporated herein as if fully repeated, and the same are true and correct.

2. With regard to the Real Estate, the last two sentences of Section 1 of Clause IV of the Declaration are hereby modified to read as follows:

"Construction of the Dwelling must commence within sixty (60) months from the date of the acquisition of the Lot by the Grantee from the Declarant. If Construction is not commenced within said sixty (60) month period, Declarant shall have the right to purchase the Lot at Buyer's cost."

3. Except as herein modified, the Declaration shall remain unchanged, and as so modified shall be deemed in full force and effect. Nothing herein contained shall be construed to effect a modification of the Declaration as to any other portion of the Property.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written.

Declarant:

INDEPENDENT TRUST CORPORATION, Not personally, but as Trustee aforesaid

By: ___________________________

Grantee:

By: ___________________________

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