ARTICLE IV

USE RESTRICTIONS

1. Residential Use. The property subject to these covenants and restrictions may be used for single family residential living units and for no other purpose, provided however, that the Developer reserves the right to maintain a residential real estate sales office upon any of the herein restricted lots owned by it for the purpose of promoting, advertising for sale, showing and selling lots, either improved or unimproved, within Somerbrook.

a) No tents, trailers, vans, shacks, tanks, outbuildings, or temporary or accessory buildings or structures shall be erected or permitted to remain on any lot or common area.

b) No radio or television aerial or antennae or microwave dish may be kept or maintained on any of the lots hereby restricted except within the confines of a dwelling unit erected thereon.

c) No wild, semi-wild or domestic mammals, reptiles or birds may be kept or maintained upon any of the lots hereby restricted, except that no more than two dogs, two cats, two rabbits, or two birds, or any combination of the foregoing specific animals listed in this exception not exceeding the aggregate of two, may be kept on any such lots.

d) No signs, advertisements, billboards or advertising structures of any kind may be erected or maintained on any of the lots hereby restricted without the consent in writing of the Association, provided, however, that permission is hereby granted for the erection and maintenance of not more than two (2) advertising boards on each tract as sold and conveyed, which advertising boards shall be not more that four square feet in size and may be used for the sole and exclusive purpose of advertising for sale or lease the lot or tract upon which they are erected; and provided further that nothing in this section shall be construed to prohibit the erection of subdivision entrance structures by the developer, its grantees, assigns or licensees at such place or places as they may determine, which structures may or may not display the name of said subdivision.

(e) No automotive repair or rebuilding or any other form of automotive manufacture, whether for hire or other wise, shall occur on any of the lots hereby restricted except that automotive repairs on a non-commercial basis and not for hire may be conducted in any enclosed garage built on said premises and permitted under the other provisions of these restrictions. No automobile, truck, motorcycle, motorbike, motor scooter, boat, airplane, house trailer, boat trailer, camping trailer, mobile home or vehicle of any other type or description may be stored on any of the lots or streets hereby restricted except that such storage (except storage for hire) shall be permitted within the confines of any building built on any of the lots hereby restricted and permitted under other provisions of these restrictions. Nothing in this section, however, shall be so construed as to prohibit the regular parking of not more than two (2) automobiles, but not to include a pickup truck with camper, in running condition, and in reasonable state of repair and preservation on any driveway permitted to be maintained on any of the lots herby restricted.

(f) No air conditioning apparatus or unsightly projections shall be attached or affixed to the front of any residence.

(g) All exterior foundations and walls which are exposed in excess of twelve (12) inches above final grade level shall be painted the same color as the house or covered with siding compatible with the structure.

(h) No building, fence, structure, wall, shrub, or hedge, shall be erected, constructed, planted or maintained on any of the lots hereby restricted without approval as to material, design, shape, location, species, and height by the architectural control committee, and said architectural control committee shall have complete discretion with regard to such approval. Fences will be limited to 4 foot wood fences, unless the lot has an in ground swimming pool on it.

(i) No above ground swimming pool may be maintained on any of the lots hereby restricted.

(j) No tank for storage of fuel may be maintained above the surface of the ground on any of the lots hereby restricted without the consent of the architectural control committee.

(k) All doors on garages located on the lots hereby restricted shall be kept closed except when opened for the purpose of parking or removal there from of motor vehicles.

(l) No exterior clothesline or poles may be erected or maintained on any of the lots hereby restricted.

(m) No exterior Christmas lights and/or decorations may be erected or maintained upon any of the lots hereby restricted except during a 75 day period beginning November 15th of each calendar year.

(n) Dogs shall be confined and no dos shall be allowed to run at large on the property hereby restricted. No dog or animal pens or runs are allowed on any lot hereby restricted.

(o) No rubbish, trash, garbage or other waste materials shall be kept or permitted on any lot or any common area except in sanitary containers located in appropriate areas concealed from public view.

(p) Nothing shall be used, permitted, or maintained on any lot or on the common areas which may be or become a nuisance to the neighborhood. In the event of a dispute or question as to what may be or become a nuisance, such dispute or question shall be submitted to the architectural control committee, which shall render a decision, in writing, which decision shall be dispositive of such dispute or question.

(q) Nothing shall be altered in, constructed on, or removed from any of the common areas except with written consent of the Association.

(r) No weeds, underbrush or other unsightly growth shall be permitted to grow or remain on any lot or any common area.