Declaration of Protective and Restrictive Covenants

OF LOTS 1-5 HINKLEY SUBDIVISION, BEING A REPLAT OF LOTS 10-12, TYLER ADDITION, A SUBDIVISION OF GOV'T LOTS 1-4 AND N1/2BE1/4 OF SECTION 8, TOWNSHIP 110 NORTH, RANGE 78 WEST OF THE 5TH P.M., HUGHES COUNTY, SOUTH DAKOTA

THIS DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS applies to include Lots 1-5 Hinkley Subdivision, being a Replat of Lots 10-12, Tyler Addition, a subdivision of Gov't Lots 1-4 and the N1/2SE1/4 of Section 8, Township 110 North, Range 78 West of the 5th P.M., Hughes County, South Dakota.

Hinkley Realty Company, Inc., Robert Vogel, John M. Vogel, or any lot owner, shall have the right to enforce, by any proceeding at law or reservations, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by Hinkley Realty Company, Inc., Robert Vogel, John M. Vogel, or any owner to enforce any covenant or restriction contained in this declaration shall in no event be deemed a waiver of the right to do so at a later date.

Invalidation of any one of the covenants or restrictions contained in this declaration by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

These covenants are to run with the land and shall be binding upon all parties and all persons and entities owning lots in Lots 1-5 Hinkley Subdivision, being a Replat of Lots 10-12, Tyler Addition, a sub-division of Gov't Lots 1-4 and the N1/2SE1/4 of Section 8, Township 110 North, Range 78 West of the 5th P.M., Hughes County, South Dakota, or claiming under them until __________, 20___, on which date these covenants shall automatically be extended for a period of 10 years, and thereafter in successive 10 year periods, unless on or before the end of one of such extension periods or the base period, the owners of a majority of the lots in the subdivision as they are now platted, shall, by written instrument duly recorded and acknowledged declare a termination of the same and the property shall be subject to, in addition to the hereinafter set covenants, all zoning ordinances of Hughes County, South Dakota. If the owners of such lots, or portions of such lots (if a lot is further subdivided as allowed herein) or any of them, or their heirs or assigns, shall violate any of the covenants as hereinafter set forth, it shall be lawful for the subdivider/developer or an owner owning real property situated in all lots in Hinkley Subdivision, or the Association of landowners of all lots in Hinkley Subdivision to pursue any proceedings at law or in equity against the person or persons violating any of such covenants, and prevent or recover damages for such violations, or both. The Association shall be entitled to reasonable attorney's fees for such enforcement actions.

These covenants and restrictions may be amended by duly recording an instrument of amendment executed and acknowledge by not less than seventy-five percent (75%) of the owners of the lots as they are currently subdivided with each lot having one vote.

1. The subdivision shall be a single-family residential subdivision only and shall be used solely for residential purposes.
2. It shall be the responsibility of the landowners to form the Association of landowners of Lots 1-5 Hinkley Subdivision.
3. Any home constructed on a building site shall have a minimum main floor area of the main structure, exclusive of one-story open porches or decks and garages, of not less than 1,200 square feet for a one-story dwelling. In the case of a multiple-story or split-level dwelling, the lower or ground floor living level shall be not less than 1,000 square feet.
4. No tent, shack, garage, barn or other outbuildings shall at any time be used as a residence, temporarily or permanently, on any building site.
5. No mobile home or house trailer shall be used as a residence or be located upon such lots, however a lot owner may move in a mobile home or house trailer for a period of 12 months use during construction of a permanent residence, but shall them be removed. New "double-wide" or pre-built "modular" homes will be allowed if the residence is placed upon an acceptable permanent foundation and has the finished look of a house. "new" shall mean manufactured within 4 years of date moved on lot. Hinkley Realty Company, Inc., Robert Vogel, and John M. Vogel retain the sole right and discretion to pre-approve any residence or plan to move a "double-wide", "modular" home, or other previously constructed residence onto a lot.
6. All septic tank systems, drain fields, and wells must comply with State of South Dakota and Hughes County statutes, ordinances and regulations.
7. No trash, garbage, ashes or other refuse, junk, vehicles in disrepair, underbrush, weeds, or other unsightly growths or objects, shall be maintained or allowed on any lot. All fences and buildings shall be kept in a state of repair. All residences, garages and accessory buildings shall be painted or stained from time to time, so as to maintain a reasonable state of repair.
8. By acceptance of the deed or other instrument of conveyance for his or her lot within the subdivision, each lot owner shall be a member of the Association of landowners of Lots 1-5 Hinkley Subdivision and covenant and agree to abide by the Association's By-Laws, rules and regulations and pay to the Association annual assessments or dues and special assessments, payable for maintenance and repair of the roads usable by the subdivision, snow removal, and enforcement of the covenants contained herein. The annual assessments or dues and special assessments shall be a continuing lien on the property affected and shall also be a personal obligation of the owner of such property on the date when the assessment is due.
9. Animals may not be raised, bred, or kept for commercial purposes and, those animals kept outside shall be limited to not more than two (2) adult (over six month of age) dogs, two (2) adult cats, and two (2) adult horses.
10. All improvements on a lot shall remain the sole responsibility of the lot owner. Lot owners shall be responsible for maintaining, improving, and repairing their private driveway.
11. Owners shall comply with any applicable soil erosion standards in the construction of any improvements on their property.
12. There are hereby reserved for the purpose of installing and maintaining public utility facilities, and for such other purposes incidental to the development of the property, all easements reasonably necessary to bring water, electric, telephone, cable television, and other utility distribution lines including natural gas or other utilities to all lots in said Hinkley Subdivision. All claims of damages, if any, arising out of the construction, maintenance, and repair of utilities or on account of said easement are waived by the owners and there shall be no charge for same. All electric, telephone, cable television, and other utility distribution lines including natural gas or LP gas tanks and lines shall be located underground except the LP gas tanks may be maintained above ground only if screen for view by an appropriate fence box or landscaping materials.
13. All of the provisions of the declaration shall be deemed to be covenants running with the land, and shall be binding on the inure to benefit of the owners of the properties described as Lots 1-5 Hinkley Subdivision, being Replat of Lots 10-12, Tyler Addition, a subdivision of Gov't Lots 1-4 and the N1/2SE1/4 of Section 8, Township 110 North, Range 78 West of the 5th P.M., Hughes County, South Dakota, their heirs, successors, and assigns, and all parties claiming by through, or under them shall be taken to hold, agree and covenant with such owners, their successors in title, and with each other, to conform to and observe all of the terms and conditions contained in this declaration.

Dated this ____________ day of _____________________ , 2001.

HINKLEY REALTY COMPANY, INC.

On the _______ day of _______________ , 2001, before me, the undersigned officer, personally appeared Robert Vogel, as President, and John Vogel, as Vice President, of Hinkley Realty Company, Inc., and Robert Vogel and John M. Vogel, as owners of the aforementioned property executed the foregoing instrument for the purposes therein contained, by signing their names as such owners.

IN WITNESS WHEREOF, I hereunto set my hand and official seal this ________ day of _________________, 2001.

DOCUMENT PREPARED BY:
Thomas M. Maher
MAHER AND ARENDT
201 North Euclid, Ste. 1
Pierre, South Dakota 57501
Telephone: (605) 224-0451
Fax: (605) 224-0493

For more on Hinkley Realty South Dakota Real Estate contact:

Pat Harding
CENTURY 21 Fischer, Rounds & Associates, Inc.

125 East Dakota, Pierre, SD 57501
Telephone: (605) 224-9226, Toll-free: (800) 456-2603
Home Phone: (605) 224-4566, Fax: (605) 224-5831

pharding@fischerrounds.com

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