Covenants and Contract

       Exhibit “A”

All lots in said Hunter's Ridge Addition - Plat 4, shall be subject to the following restrictive covenants, to wit:

                      I.  DESIGNATION OF USE

            Lots 1-120 shall be single-family residential lots and shall not be improved, used, or occupied for other than private single-family residential purposes, and no commercial activity shall be conducted or maintained on any lot at any time (including activ­ities that might otherwise be permitted by applicable zoning ordin­ances).

            By accepting a deed to a lot within this subdivision, all lot owners acknowledge that they have been specifically advised by the Developer that the Developer may (but shall not be obligated to) use and develop Outlot A (which lies generally in the north and west of the “Hunter’s Ridge” subdivision) as an equestrian riding facility, with buildings, corrals, fences, pastures, and riding trails for multiple horses; all Lot owners consent to such possible use and to the sights, odors, noises and traffic (both vehicular and equestrian) which emanate from such a facility.  In addition, all Lot owners acknowledge that Developer reserves a 3 foot wide grazing and spraying easement along any lot line which adjoins Outlot A; Lot owners acknowledge that horses may reach through the fence and graze no anything planted within that grazing and spraying easement, and that chemicals applied by the operator of the equestrian riding facility to control the growth of grass and weeds in the fence line may kill anything planted within that grazing and spraying easement.

                     II.  DWELLING AREA

            No dwelling shall be constructed or permitted to remain upon any said lot unless it meets the following floor area requirements:

            A.        One-story dwellings must have a ground floor finished area of not less than 1,000 square feet.

            B.         One and one-half and two story dwellings must have not less than 600 square feet of finished area on the ground floor and a total on the ground floor and second floor of not less that 1,200 square feet of finished area.

            C.        Split-entry dwellings must have not less than 1000 square feet of finished area directly under the roof and a total finished area of 1000 square feet.

            D.        Split-level dwellings must have not less than 1000 square feet of finished area directly under the roof and a total finished area of 1200 square feet.

            E.         In computation of floor area, the same shall not include porches, breezeways, or garages.

III.  DESIGN AND CONSTRUCTION

            A.        No mobile home as defined in the Code of Iowa shall be placed on or erected on any of said lots.

            B.         No building shall be erected on any lot nearer to or farther from the front lot line than 30 feet, nor nearer to the rear lot line than 40 feet, nor any nearer to any side lot line than 10 feet, unless these restrictions are waived in writing by Van Hall Developing Corp.

            C.        No dwelling shall be constructed, altered, or maintained on any lot unless it has a driveway running from a road to the dwelling, which must be of sufficient area to park at least two cars off the road right of way.  All drive­­­­ways must be constructed of concrete and installed within one year of dwelling completion.

            D.        No dwelling shall be constructed, altered, or maintained on any lot unless it has a sidewalk running parallel to the road across the entire width of the front yard; the location, dimensions, and specifications for the sidewalks shall be identical to those required by the design and development standards of the current Municipal Code of the City of Pella, Iowa.  All drive­­­­ways must be constructed of concrete and installed within one year of dwelling completion.

            E.         All dwellings must have, at a minimum, double attached garages, with a minimum size of not less than 22 feet by 22 feet.

            F.         Any dog run or trash receptacle shall be properly screen­ed by reasonable shrubbery or decorative fence or both.

            G.        All building structures or improvements of any kind must be completed within 12 months of the commencement date of construction.

            H.        All buildings shall be constructed of new materials.

            I.          For the purpose of further insuring the development of the said lots as an area of high standards, Van Hall Developing Corp. or its suc­cessors reserves the power to control the buildings, struc­tures, and other improvements placed on each lot, as well as to make such exceptions to these reservations and restric­tive cove­nants as Van Hall Developing Corp. shall deem necessary, ap­pro­­priate, or proper.  Whether or not specifically stated in any con­­veyance of a lot made by Van Hall Developing Corp., the owner or oc­cu­pant of each of said lots, by acceptance of title or by taking possession, covenants and agrees that no building, wall, other structure, fence, driveway, or road shall be placed upon said lot, nor shall the exterior appearance of any existing build­ing, wall, other structure, fence, driveway or road be remodeled, re­con­structed, or altered, nor shall a build­ing permit therefor be sought, unless and until the com­plete plans and spec­ifications therefor, in­cluding a plot plan, shall have been submitted to and ap­proved in writ­ing by Van Hall Developing Corp. or its suc­ces­sors; Van Hall Developing Corp. is auth­or­ized to dis­close this requirement to the public of­fic­ial with respons­i­bil­ity for issuing building permits, and to direct said official to withhold any building per­mit until Van Hall Developing Corp. has approved the said plans and specifica­tions.  Each build­ing, wall, other structure, fence, drive­­­way or road shall be placed on the premises only in accordance with the ap­prov­ed plans and spec­if­ica­tions.  Re­fus­al to approve plans and specifications by Van Hall Developing Corp. may be based on any ground, including purely aes­thet­ic grounds, which, in the sole and uncontrolled dis­cretion of Van Hall Developing Corp., shall seem suf­ficient.  If Van Hall Developing Corp. shall fail to approve or disapprove the plans and spec­ifications within 30 days after written request, then ap­proval shall not be required; provided that in any event no building, wall or other structure shall be erected which violates any of the covenants con­tained in this instru­ment.  If any owner or occupant vio­lates or at­tempts to violate this require­ment for prior written approval, Van Hall Developing Corp. shall have the right to immediate­ly pro­ceed at law or in equity to com­pel compliance with the terms hereof or to prevent the violation or breach of this requirement.

            J.          The exterior of any and all buildings on Lots 65-120 shall be mainte­n­ance free or natural wood (brick, stucco, or steel, vinyl, cedar, or redwood siding).  The quality of exter­ior materials must pass an inspection by Van Hall Developing Corp.  No hard­board siding, soffits, or facia will be permitted.

            K.        No wood foundations shall be permitted, only cement wall foundations.

            L.         No outbuild­ings shall be erected on Lots 65-120 for any pur­pose, provided, however, that this provision shall not pre­clude the erection of gaze­bos or similar ornamental or decorative structures at any place on the lot, nor shall it preclude the erection of lawn or garden storage build­ings at any place within the rear yard of said lot (de­fin­ed to be that part of the lot extending across the full width of the lot and measured between the rear lot line and the residence built thereon or any projection of said residence other than steps, unenclosed balconies, or unenclosed porches); provided however that no such gazebo or similar orn­a­mental or decorative structure nor lawn or garden storage building shall be erected on any lot until the plans and specifications therefor have been submitted to and approve in writing by Van Hall Developing Corp. or its suc­ces­sors, as to outward appearance, color, design, and location on the lot, which approval shall not be unreas­onably withheld; provided, however, that if said plans and specifications are not approved or disapproved within 30 days after the same have been sub­mitted then such ap­prov­al shall be deemed to have been given; outbuildings consistent with the use of property as an equestrian center shall be permitted on Lot A.

            M.        No owner shall install or maintain any exterior lighting which obtrudes on any of the other lots.

                   IV. TEMPORARY STRUCTURES

            No buildings or structure of a temporary character and no trail­­er, basement, tent, shack, garage, or outbuilding shall be used at any time as a residential dwelling on any lot, either tem­porarily or permanently.

                    V.  VEHICLES, RECREATIONAL VEHICLES, BOATS

            No vehicle, recreational vehicle or boat shall be parked so that such vehicle, recreational vehicle, or boat is visible from the street for a period of time longer than one week; nor shall any vehicle or recreational vehicle that is incapable of self-propul­sion be parked on any lot at any time.

VI.  RUBBISH CONTAINERS

            No rubbish container shall be visible from the street except on pick-up day.

                  VII.  UTILITIES

            All utility connection facilities and services shall be under ground.

            All lots will be served by water supplied by Central Iowa Water Association; all residences must be connected to said water system; no wells, water storage tanks, or other private water systems pro­viding water for human consumption will be permitted to be installed or main­tained on any lot.

All lots will be served by a sanitary sewer treatment system to be operated and maintained by Central Iowa Water Association; all residences must be connected to said sanitary sewer treatment facility; no individual septic systems will be permitted to be installed or main­tained on any lot.

            All lots will be served by electricity supplied by Pella Cooperative Electrical Association; no other sources of electricity will be permitted.

            All lots will be served by an underground distribution system for Natural Gas by Alliant Energy

                 VIII.  SATELLITE DISHES, TOWERS AND ANTENNAS

            No extension towers or antennas of any kind, and no satellite dishes in excess of 24" shall be construc­t­­ed, modified, or permitted on any lot unless specifically approved in writing in advance by Van Hall Developing Corp.  Satellite dishes 24" in diameter or smaller, and reasonable television or radio antennas are permitted, but must be installed by wall-mount or roof-mount on the residence.

                   IX.  NUISANCES

            No noxious or offensive activity or odors shall be permitted on or to escape from any lot, nor shall anything be done thereon which is or may become an annoyance or nuisance, either temporarily or permanently, to owners of other lots.

                    X.  LIVESTOCK AND POULTRY PROHIBITED

            No birds, animals, livestock, or poultry of any kind shall be raised, bred, or kept on Lots 65-120, except that dogs, cats, and other common household pets may be kept so long as they are not kept, bred, or maintained for commercial purposes.  In no event, however, shall more than two (2) dogs be maintained on any one lot at any one time.  Dogs must be tied or fenced or kept in a dog run.  This provision shall not be construed to prohibit lot owners from keeping horses in equestrian facility referred to in Section I above (if constructed).

                   XI.  LANDSCAPING AND SIGHT LINES

            No hedge or shrub planting which obstructs sight-lines at el­eva­tions between two (2) and ten (10) feet above the road­ways shall be placed or permitted to remain on any cor­­ner lot within the tri­angular area formed by the street property lines and a line con­necting them at points twenty-five (25) feet from the inter­section of the street lines, or in the case of a rounded property corner within the triangular area formed from the intersection of the street property line with the edge of a driveway. No trees shall be permitted to remain within such dis­tances of such inter­section unless the foliage line is maintained at sufficient height to prevent obstruction of such sight-lines.

                  XII.  EASEMENTS

            Certain perpetual easements are reserved as shown on the re­cord­ed plat.  The owner or occupant of a lot shall, at his own ex­pense, keep and preserve that portion of the easement within his property in good repair and condition, and shall neither erect nor permit erection of any building, structure or fences of any kind within the easement which might interfere in any way with the use of such easement.

                 XIII.  FENCES

            Except as may be required by ordinance, no fences shall be installed or maintained in any location on Lots 65-120 at any time other than as specifically set forth hereinafter;

            (a)  Decorative or ornamental fences not in excess of 3 feet in height may be installed and maintained at any location on the said lots, provided the style and loca­tion of said fences shall have been pre-approved by Van Hall Developing Corp.;

            (b)  Privacy fences may be installed only in rear yards (defined to be that part of the lot extending across the full width of the lot and measured between the rear lot line and the residence built thereon or any projection of said residence other than steps, unenclosed balconies, or unenclosed porches), pro­vided that said fences do not exceed 72 inches in height, and provided further that the style and loca­tion of said fences shall have been pre-approved by Van Hall Developing Corp.;

            (c)  Chain link fences may be installed and maintained only in rear yards (defined to be that part of the lot extending across the full width of the lot and measured between the rear lot line and the residence built thereon or any projection of said residence other than steps, unenclosed balconies, or unenclosed porches), and pro­vided that said fences do not exceed 36 inches in height;

            (d)  No snow fence or tem­porary fence of any kind shall be permitted on any lot;

            (e)  As of the date hereof, one or more of the perimeter boundaries of this subdivision share a common boundary with land that is zoned and used for agricultural purposes, as a result, the Code of Iowa may require or permit the construction of a "partition fence" as defined by the Code of Iowa on those perimeter boundaries.  Van Hall Developing Corp. has entered into certain fence agreements with owners of certain of those adjoining parcels.  "Partition fences" as defined by the Code of Iowa shall be permitted on any and all perimeter boundaries of this subdivision which share a common boundary with land that is zoned and used for agricultural purposes.  Any fence agreements entered into by Van Hall Developing Corp. shall be considered to run with the land, and shall be honored by the owner of any lot which adjoins a parcel for which Van Hall Developing Corp. has entered into a fence agreement.

XIV.  WEED CONTROL

            The owner of each lot, improved or unimproved, vacant or oc­cu­pied, shall keep the lot or lots free of weeds, debris, garbage and other offensive or unsightly materials, and shall, except during the period of construction of any improvements, keep the lots seeded or sodded to grass, which shall be mowed and maintained.

XV.  NO SUBDIVISION

            No lot shall be subdivided without the prior written consent of Van Hall Developing Corp.

                XVI.  POSSIBLE FUTURE BIKE PATH; POSSIBLE HOMEOWNER'S ASSOCIATION

            Van Hall Developing Corp. owns other property adjoining this addition to Hunter’s Ridge, which Van Hall Developing Corp. has or in the future plat and subdivide as "Hunter's Ridge Addition - Plat (1, 2, 3, 4, etc)", and which if platted and subdivided, will have streets connecting with "Lot A” as shown on the plat of Hunter's Ridge Addition - Plat 3.  If Van Hall Developing Corp. does in fact plat and subdivide "Hunter's Ridge Addition - Plat (1, 2, 3, 4, etc)", and if permission and access can be obtained from the Corps of Engineers, Van Hall Developing Corp. contemplates that it may construct a bicycle path connecting one or more of the streets in said "Hunter's Ridge Addition - Plat (1, 2, 3, 4, etc)" to the bicycle path currently existing on Corps of Engineers' land.  One or more of the streets in Hunter's Ridge Addition - Plat 3, and one or more of the streets in "Hunter's Ridge Addition - Plat (1, 2, 3, 4, etc)" (if constructed) will be constructed in such a manner as to provide a bicycle path as an integral portion of said public roads.  Easements to permit the doing of every act necessary and prop­er to the use as a bicycle path of those integral portions of any street in Hunter's Ridge Addition - Plat 3 dedicated to such a bicycle path are hereby reserved and established.  These acts shall in­clude, but not be limited to, the riding of bicycles and/or the use of such bicycle path(s) as pedestrian walkways under the same rules and regulations as may govern the use of the Corps of Engineers' bicycle path, with the usual and common noise level created by bicycling or pedestrian walkways, including but not limited to the equipment necessary to construct, improve, and/or maintain any such bicycle path.  Van Hall Developing Corp. or any successor in interest shall have the right to prescribe in writing to the gov­ern­ing body charged with operating any bicycle path the manner and extent to which the rights under this reserved easement shall be exercised.  In addition, Van Hall Developing Corp. may, in its sole discretion, limit or withdraw or prohibit certain of the acts authorized by the ease­ments hereby reserved, and it may limit the manner or place of do­ing all or certain of the acts authorized by the easements hereby reserved.  Nothing contained herein shall constitute a representa­tion by Van Hall Developing Corp. that any bicycle path shall ever be constructed or operated adjacent to the said lots, nor in any way obligate Van Hall Developing Corp. or any successor to construct or operate such a bicycle path.

            In the event that such a bicycle path connected to the Corps of Engineers' bike path is in fact constructed at some future date, Van Hall Developing Corp. covenants and agrees that the initial construction thereof shall be at the expense of Van Hall Developing Corp. or its successors.  Further in that event, Van Hall Developing Corp. reserves the right to at that time create a non-profit homeowner's association, to be known as Hunter's Ridge Homeowner's Association, for the purpose of repairing, maintaining, and improving any such bicycle path for the gener­al use and ben­efit of some or all lot owners within both Hunter's Ridge Addition - Plat 4, and "Hunter's Ridge Addition - Plat (1, 2, 3, 4, etc)", and for the further purpose of paying the costs of the repair, maintenance, and improvement of any such bicycle path.  Therefore, each and every lot owner in Hunter's Ridge Addition - Plat 4, in accepting a deed or contract for any of said lots in Hunter's Ridge Addition - Plat 4, agrees to and shall become a member of and be subject to the obliga­tions and duly enacted Bylaws and rules of Hunter's Ridge Homeowners Associa­tion, a non-profit corporation, if subsequently created.

            Pursuant to its Bylaws, the Hunter's Ridge Homeowners Associa­tion, if created, shall consist of the owners of all lots in Hunter's Ridge Addition - Plat 3, and "Hunter's Ridge Addition - Plat (2,3,4, etc)", and shall determine the nature, extent, and cost of all repairs, main­tenance, improvements and services required or advisable with respect to the bicycle path, if constructed.  The cost of repairing, maintaining, or im­prov­ing the said bicycle path shall be assessed equally to the owners of all lots in both Hunter's Ridge Addition - Plat 3, and "Hunter's Ridge Addition - Plat (1, 2, 3, 4, etc)".  The owners of each of said lots, for themselves, their heirs, successors, and assigns covenants and agrees to pay promptly when due all amounts assessed against them by the Hunter's Ridge Home­owners Association, if created.

            In the event of a lot owner's failure to pay any assessment promptly when due, the amount of the assessment shall be a lien against the lot owner's property to which the assessment ap­plies.  The assessment lien may be enforced in equity as in the case of any lien foreclosure.  The assessment shall accrue to the benefit of and may be enforced by the Hunter's Ridge Homeowners Association.

               XVII.  FUTURE VOLUNTARY ANNEXATION

            As set forth in ARTICLE VII hereinabove, all lots will be served by a sanitary sewer treatment system to be operated and maintained by Central Iowa Water Association, which will be connected to the wastewater treatment system of the City of Pella, Iowa, as soon as the construction of a sanitary sewer trunk line can be completed. In order to make that connection feasible, the City of Pella has agreed to construct a sanitary sewer trunk line to this subdivision.  In consideration of the construction of that trunk line by the City of Pella, Iowa, Van Hall Developing Corp., on behalf of itself and all future owners of lots in this subdivision, agrees with that if and when the corporate boundaries of the City of Pella, Iowa have been extended by annexation so that this subdivision adjoins the City of Pella, the then-current owners of all lots in this subdivision shall agree that this subdivision shall be voluntarily annexed into the City of Pella.

              XVIII.  ENFORCEMENT

            If the owners of any lot or their heirs or assigns shall vio­late or attempt to violate any of the covenants or restrictions here­in, it shall be lawful for any person, per­sons, or organization owning any of the lots of said subdivision to prosecute any pro­ceed­­ings at law or in equity against the person or persons violat­ing or attempting to violate any such covenant or restriction and either to prevent the party or parties from so doing or to recover damages for such violation.  The breach of any of the foregoing cov­enants, conditions, reservations, or restrictions shall not de­feat or render invalid the lien of any mortgage or deed of trust made for value as to any of said lots or portions thereof, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any mortgagee or trustee or owner whose title, or whose grantor's title, is or was acquired by foreclosure, sale, or otherwise.

                XIX.  DURATION AND RENEWAL

            These covenants and restrictions are to run with the land and shall be binding for twenty years from the date of this consent, at which time said covenants and restrictions shall be automatically extended for successive periods of ten years unless by vote of the majority of the then owners of the lots, it is agreed to change said covenants and restrictions in whole or in part.  Invalidation of any one of these covenants and restric­tions by judgment or court order shall in no wise effect any of the other provisions which shall remain in full force and effect.