TURNBURY RESIDENTIAL RICTTONS, WHEREAS, RHEIN-PARROTT & STRAWSER PARTNERSIITP NO. 1 hereinafter called the "Grantor", and M/I SCHOTTENSTEIN HOMES, INC. are the owners of certain property described in Exhibit "A", attached hereto and made a part hereof, and WHEREAS, AS THE OWNERS, RHEIN-PARROTT & STRAWSER PARTNERSHIP No. 1 and M/I SCHOTTENSTEIN HOMES, INC. desire to make said Property subject to certain restrictions, NOW, THEREFORE, as the owners, they do agree that the property will be subject to the following restrictions: 1, LAND USE - No lot in this subdivision shall be used except for residential purposes, unless otherwise identified as public or private open space. No structure shall be erected on any lot except one single family dwelling house (which may include an attached garage) and a separate garage, part of which may include living quarters for servants. An additional structure, which under no circumstances will be used for living space of any kind may be erected but only as provided for and in compliance with Article 11. 2. ARCHITECTURAL CONTROL - Until such a time as a principal residence is constructed on each and every lot of Turnbury Subdivision, no construction of any structure, fence, wall, in- ground swimming pool or other improvement, shall occur without the expressed approval of the Grantor or its designee. 3. FENCES, WALLS AND HEDGES - Walls or fences to be erected on any lot shall be ornamental in character and the plans for such shall be first approved by the Grantor as set forth above. Yard fences shall be limited to split rail fences, with wire mesh optional. Walls and fences shall not exceed four (4) feet in height. At the discretion of the Grantor privacy fences, which shall not exceed six (6) feet in height, may be allowed in conjunction with small private aroas adjacent to the rear of the single family dwelling, such as a patio, a deck or a jacuzzi. No wall or fence shall extend toward the front yard beyond the rear line of each respective main residential structure, except, however, any retaining wall or other wall required by the nature of the contour of the lot, and with the express approval of the Grantor. Note that all corner lots have two front yards and two front building setback lines. ledges may be placed in the front yard beyond the front building setback Line but they shall not exceed four (4) feet in height and they shall not obstruct the Sight distance or cause an unsafe condition for street use. 4. SETBACK LINES - The minimum building setback, the rear yard and the side yards shall conform to the current zoning ordinance controlling these dimensions. If the minimum building setback line is shown on any plat of subdivision, such shall be intended for informational purposes only, and shall not act as a 1restriction which runs with the land. 5. DWELLING SIZE - The heated finished floor area of all dwellings must have a minimum of 1000 square feet. Open porches and garages are excluded as a part of the minimum square footage requirement. Not withstanding the foregoing area requirements, the Grantor shall have the right to grant a variance of up to ten Percent (10%) of the square footage minimums at its discretion. 6. DWELLING MATERIALS - A. All houses in the subdivision shall be constructed of stone, brick, dryvit, stucco, brick and frame, aluminum siding, or other construction materials approved by Grantor. B. No asbestos siding shall be used in the construction of any house, nor shall cinder blocks or concrete blocks be exposed on any exterior wall without the written approval of the Grantor or its designee. 7. EASEMENTS - Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement, area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. 8. _SEPYIC TANKS AND OUTSIDE PRIVIES - No septic tanks or outside privies shall be permitted on any lot. 9. _ANIMALS - No hogs, goats, poultry or other livestock shall be kept on any lot in this subdivision, except, however, each residence shall be permitted ordinary household pets such as caged birds, aquarium fish and not more than two dogs and two cats. No commercial use or breeding of any animals will be permitted on any lot in this subdivision. 10. NUISANCES - No offensive odors or unsightly ‘nuisances are permitted on any lot in this subdivision. 11. OWNER STRUCTURES - No structure or structures of a temporary character, trailer, tent, shack, shed, or other outbuilding shall be constructed or used on any lot after the Permanent residence on each respective lot has been completed. ‘This will not prohibit a small temporary sales office of Grantor or its designees to be used while the subdivision is under development. (Under development is defined as such time until each and every lot of Turnbury Subdivision has permanent residences built thereon.) This article does permit one permanent gazebos or Pool shelter on each lot. ‘The appearance, quality and structure of such buildings must be consistent with an in harmony with the other permitted structures in the subdivision as a whole and also with 2the residences adjacent to and one removed to the lot on which the structure is located. Furthermore, such structures must be architecturally and aesthetically compatible with the resident building on the same lot, screened with landscaping in such a manner as not to be visible from a traveled roadway or a neighboring property and must be approved by the Grantor until such a time as a principal residence is constructed on each and every Jot of Turnbury Subdivision. 12. SWIMMING POOLS - No above-ground swimming pools over 12" in height shall be constructed on any lot. 13. MINING OPERATIONS - No Drilling, quarrying or mining operation shall be permitted on any of the lots in the subdivision. 14. GARBAGE AND REFUSE DISPOSAL - No lot shall be used or maintained as a dumping ground for rubbage, trash, garbage or other waste and the same shall not be kept, except in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and shall be enclosed in such a manner as not to be visible from a traveled roadway or neighboring property. 15. STORAGE - No open storage of any kind is permitted; all storage must be completed within an enclosed structure, which shall not preclude the acceptability of a thre the rear of a house or garage for the purpose of storing trash containers. 16. PARKING OF TRUCKS AND OTHER VEHICLES - A. Except as set forth below, no trucks of any kind shall be permitted to be parked in this subdivision for a period of more than four hours; however, in no event will any truck be permitted to be parked in the subdivision overnight, unless said truck is in an enclosed garage. sided enclosure abutting For point of clarification, passenger type station wagons, vans and pick up trucks shall not be construed to mean that they are trucks but rather they are to be classified in the same category with any other passenger type automobiles. B. No vehicles with lettered signs, which letters shall be over four (4) inches in height, shall be parked on any lots or streets for more than four hours at a time, unless the same is actually being used for construction or repair work on a house in the subdivision; and no vehicles with letters over four (4) inches in height shall be parked overnight; unless said vehicle 1s in an enclosed garage. C. No trailers, buses, boats, campers or motorhomes shall be permitted to be parked on any lot or street in the subdivision unless same is stored or parked in an enclosed garage so as not to constitute an unsightly nuisance to the surrounding property. D. No vehicles which constitute an unsightly nuisance shall be allowed to be parked on any of lots or streets in this subdivision. ‘These restrictions, with reference to vehicles as referred to 3in this Paragraph 16, shall not apply to vehicles used in the bullding of houses and developing in this subdivision. 17. SIGNS - No signs of any kind shall be displayed in public view on any lot except one sign of not more than six (6) square feet advertising the property on which it is located for sale or Tent, or signs used by the builder to advertise the property during the construction and sale period, which signs shall conform to sizes allowed by the current zoning ordinance. This does not Prohibit street and subdivision entrance signs and monuments. 18. ANTENNAS AND RECEIVERS - Exterior television and radio (including CB, shortwave, HAM, etc.) antenna, cable dishes, etc. are permitted only when installed in such a manner as not to be visible from the traveled roadway or neighboring property. 19. MAILBOXES - Mailboxes shall be mounted on a 4 x 4 rough sawn cedar post and the structure shall be as specified on Exhibit “Bn, 20. MAINTENANCE OF BUFFER AND LANDSCAPING AREAS. The Lots within the entire Turnbury Subdivision are benefitted by Buffer and Landscape Easements for landscaping and entranceway construction, maintenance, and repair over Lots No. 48, 49, 69, 70 and 74 of Turnbury Subdivision. The owners of all lots in the entire Turnbury Subdivision, excepting Lot No. 1, shall hold an annual meeting on the second (2nd) Tuesday of November of every year, beginning in 1995 and shall elect each year three (3) of their number who shall act as Agents for the group for a period of one (1) year to arrange for performance of maintenance and care of the entranceway signage, monuments, lighting, irrigation, fencing and landscaping within the Buffer and Landscape Easements on Lots No. 48, 49, 69, 70 and 74. Maintenance and care of said improvements shall be determined by the agreement of the owners of a majority of all lots within the entire Turnbury Subdivision, excepting Lot No. 1. Should the owners of a majority of all lots within the entire Turnbury Subdivision, excepting Lot No. 1, fail to agree on the appropriate level of maintenance of the improvements, the Agents for the group shall act as arbitrator and their decision shall be final. All decisions of the agents shall be determined by a majority vote thereof. The responsibility for costs associated with maintenance and care of the improvements within the Buffer Landscape Easements, up until the time of the initial annual meeting in 1995, shall be the sole responsibility of the Grantor. The responsibility for costs associated with maintenance and care of the improvements within the Buffer Landscape Easements following the initial annual meeting in 1995 shall be shared equally by the owner or owners of all lots in the entire Turnbury Subdivision, excepting Lot No. 1, and the Agents shall assess all of said costs equally against the lots, and 4the owner(s) of said lots shall pay such charges to the Agents within thirty (30) days after billing. Any unpaid assessments as well as reasonable costs of collection shall become a lien against. any such lot in default upon the recording with the Recorder of Hamilton County, Ohio, of an affidavit signed by the agents certifying such default. such affidavit shall contain a description of the property, the name or names of the owner(s), and the amount of the delinquent assessment. said lien shall remain valid for a period of five (5) years and may be foreclosed by the Agents on behalf of the lot owners. costs of affidavit Preparation, recording, reasonable costs of collection including attorney fees and the cost of filing and maintaining a proceeding in foreclosure shall be added to the amount of the lien. 21. AGENT'S LIMITED LIABILITY. Nothing in these Residential Restrictions shall impose personal 1iability upon any Agent acting in his/her capacity as such, for the maintenance, repair or replacement of any landscaping or improvements within the areas specified in Paragraph 20 of these Residential Restriction Areas, or give rise to a cause of action against such Agents except for damages resulting from their own willful misconduct. Each person who becomes an owner of a lot hereby releases and discharges all persons now or hereafter serving as Agent from any liability for injury or damages to such owner or to such owner's property and covenants not to initiate any legal proceedings against any such person or persons unless such person or persons are covered by insurance and in such event the amount of recovery shall be limited to the amount of the insurance. 22. DURATION OF RESTRICTIONS - These restrictions shall romain in full force and effect until January 1, 2013; at which time said covenants shall be automatically extended for successive periods of 10 years, unless, however, 75% of the lot owners of Turnbury Subdivision, together with Grantor (only up until a time a principle residence is constructed on each and every lot of ‘Turnbury Subdivision), vote to make any changes, amendments, additions or cancellations of any or all of these deed restrictions. These restrictions may also be modified or amended by the Grantor at any time during the construction period, as the same is defined below. 23. EXCEPTYONS - During the construction period of the subdivision which shall be defined as the time until a complete single family residence has been placed on each and every lot of Turnbury Subdivision, Paragraph Numbers (1) LAND USE, (3) FENCES, WALLS AND HEDGES, (8) SEPTIC TANKS & OUTSIDE PRIVIES, (10) NUISANCES, (11) OTHER STRUCTURES, (14) GARBAGE AND REFUSE DISPOSAL, (15) STORAGE, (16) PARKING OF TRUCKS AND OTHER VEHICLES, and (17) SIGNS will not be applicable to the activities of the Grantor as developer or its assigns.24. SEVERABILITY - Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other Provisions which shall remain in full force and effect. 25. ENFORCEMENT - Any dispute or difference with respect to any matter arising out of or in connection with these restrictions shall be submitted for final determination to an arbitrator acceptable to both sides or to the American Arbitration Association at its office located in Cincinnati, Ohio. This does not preclude a court from granting interim equitable relief while the arbitration proceedings are being actively pursued. IN WITNESS WIIEREOF, RIEIN-PARROTT & STRAWSER PARTNERSHIP No. 1.,by Robert C. Rhein Interests, Inc., General Partner, by Robert C. Rhein, President, by Parrott and Strawser Properties, Inc., General Partner, by Neil Strawser, President and by M/I Schottenstein Homes, Inc, by Richard T. Moore, Vice President have affixed their names this day of ne, In the presence of: RHEIN-PARROTT & STRAWSER PARTNERSHIP NO.1 by Robert C. Rhein Interests, Inc., General Partner Co Rhein, President by Parrott & strawser Properties, Inc., General Partner Nell Strawser, President M/I SCHOTTENSTEIN HOMES, INC. Tor Richard T. Noore, Vice President STATE OF ONTO ) CouWry OF HAMILTON } BE IT REMEMBERED that, on the day and year as last above written, before me, the subscriber, a Notary Public in and for said county and state, personally came the above named RIEIN-PARROTT & STRAWSER PARTNERSHIP NO. 1 by Robert C. Rhein Interests, Inc., General Partner by Robert C. Rhein, its President, who acknowledge that he did sign the foregoing instrument and acknowledge that the signing and execution of said instrument is his free and voluntaryact and deed and the free and voluntary act and deed of said Partnership for the uses and purposes in said instrument mentioned. IN TESTIMONY WIIEREOF, I have hereunto set my hand and official seal this ¢7¢ day of MnZadicr , 1924. COUNTY OF HAMILTON ) BE IT REMEMBERED that, on the day and year as last above written, before me, the subscriber, a Notary Public in and for said county and state, personally came the above named RIEIN-PARROTT & STRAWSER PARTNERSHIP NO. 1 by Parrott & Strawser Properties, Inc., General Partner by Neil Strawser, its President who acknowledge that he did sign the foregoing instrument and acknowledge that the signing and execution of said instrument is his free and voluntary act and deed and the free and voluntary act and deed of said Partnership for the uses and purposes in said instrument mentioned. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this P/A4, day of, fy wey tes 1992. MARY JO reUCUT iy Commision Canis fok 25, 1997 STATE OF OHIO COUNTY OF HAMILTON BE IT REMEMBERED that, on the day and year as last above written, before me, the subscriber, a Notary Public in and for said county and state, personally came the above named M/I SCHOTTENSTEIN HOMES, INC. by Richard T. Moore, Vice President, who acknowledge that he did sign the foregoing instrument and acknowledge that the signing and execution of said instrument is his free and voluntary act and deed and the free and voluntary act and deed of said Corporation for the uses and purposes in said instrument mentions IN TESTIMONY WHEREOF, J have hereunto set my hand and official seal ete aay of wlsor,, 19922. ‘This instrument prepared by Robert C. Rhein ROBERT C. RHEIN INTERESTS, INC. Cincinnatt, onto RR-TURNBEXILIBIT A Being all of Lots Numbered 2, 15, 73 and 74 of Turnbury Subdivision, Block A, Part 1 as recorded in Plat Book 303, Pages 81 and 82 of the Hamilton County, Ohio Recorder's Office and also being all of Lots Numbered 3 thru 14, 16 and 63 thru 72 of Turnbury Subdivision, Block A, Part 2 as recorded in Plat Book 306, Pages 73 and 74 of the Hamilton County, Ohio Recorder's Office.