TRAILS END SUBDIVISION RESTRICTIVE COVENANTS AND CONDITIONS GENOA, NANCE COUNTY, NEBRASKA DECLARATION OF PURPOSE

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1 TRAILS END SUBDIVISION RESTRICTIVE COVENANTS AND CONDITIONS GENOA, NANCE COUNTY, NEBRASKA DECLARATION OF PURPOSE Developer is the owner of the SE1/4 of Section 24, Township 17 North, Range 4 West and the SW1/4 of Section 19, Township 17 North, Range 3 West of the 6 th P.M., Nance County Nebraska, in which Trails End Subdivision is located and more specifically described on AExhibit A@ as if set forth fully herein. WHEREAS, Developer desires to provide for the construction of a planned residential area consisting of single family residences, townhouses and including, without limitation, open spaces and recreational facilities; and WHEREAS, Developer at this time includes in this Declaration and imposes the restrictions upon the common areas and lots of the property described above. NOW, THEREFORE, Developer hereby declares that the lots of the property described above shall be held, sold and conveyed subject to the following reservations, easements, limitations, restrictions, servitudes, covenants, conditions, charges and liens (hereinafter collectively termed Acovenants and restrictions@) which are for the purpose of protecting the value and desirability of all the lots to be developed and sold to third parties located in the Trails End Subdivision, Nance County, Nebraska, and more specifically described in the Legal Description attached hereto as AExhibit A@, and which shall run with the real property and be binding on all parties having any right, title or interest in one of the lots described herein, their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof. ARTICLE I. DEFINITIONS The following words, phrases or terms used in this Declaration shall have the following definitions: 1. ATrails End Subdivision@ is the name of the development of 30+ residential lots encircling Trails End Lake located in the real estate described above. 2. ADeveloper@ is Patrick Pfeifer and Shirley Pfeifer, husband and wife, whether one or more, their heirs, successors and assigns. 3. ACovenant=s Board@ shall mean the Board to be created pursuant to Article II, Paragraph 6 below or any other association or entity created to enforce the Covenants contained herein. 4. ACommon Area@ shall mean those areas as designated by the Developer. 5. ADwelling@ shall mean any building or portion of a building situated upon a lot designed and intended for use and occupancy as a residence by a single family or any building or portion of a building situated on a lot reserved for townhouses. 6. ATrails End Lake@ shall mean the lake water adjacent to the Trails End Subdivision, including the land underlying such lake. 7. ALot@ shall mean any one of Lots 1 through 9, all described above in the Declaration of Purpose and any future lots platted by Developer within the legal

2 description. 8. shall mean the record owner, whether one or more persons or entities, of a fee simple title to any lot. ARTICLE II. COVENANTS, RESTRICTIONS AND CONDITIONS In consideration of the mutual benefits to be derived by the lot owners of Trails End Subdivision and any purchaser(s), their heirs, devisees, personal representatives and assigns, the Declarant stipulates and agrees that any and all of Lots 1 through 9 of Trails End Subdivision, all as surveyed and platted, and more particularly described as recorded in the office of the Register of Deeds, Nance County, Nebraska, that are sold, transferred and conveyed, and all future platted lots within a subdivision in the SE1/4 of Section 24, T17N, R4W and the SW1/4 of Section 19, T17N, R3W of the 6 th P.M., Nance County, Nebraska, more specifically described on AExhibit A@ as if set forth fully herein, all in Nance County, Nebraska, shall be and are subject to the following protective covenants, restrictions and conditions. All covenants, restrictions and conditions shall run with the land and are as follows: 1. Lots Affected: Use of Lots. All lots in the subdivision shall be known and described as residential lots. No apartment house shall be built on any residential lot, and no basement house shall be built on any residential lot. No structure shall be erected, altered, placed or permitted to remain on any residential lot other than one dwelling with an attached garage and one outbuilding and one horse shed/barn, which must be complimentary to the design of the house and be within setback limits. No four car garage shall be allowed unless the Developer or Covenant=s Board approves the plan for appearance. No dwelling shall be erected for occupancy of more than one family, nor shall any dwelling be used for occupancy of more than one family. No commercial or business enterprise shall be conducted or operated in the subdivision. No residential lot or lots shall be divided or split to create small building areas, but residential lots may be combined to establish larger building lots. All residential lots shall have the dwelling built on the portion of the lot designated and legally described as the Building Area Description. The building site elevation shall be as specified and approved by the Developer or Covenant=s Board. 2. Dwelling Construction and Occupancy. A dwelling must be built on a lot prior to any temporary or permanent structure or boat dock. No dwelling may be built until approval by the Developer or Covenant=s Board. No personal property may be stored on the lot (i.e. trailers, picnic tables, grills, etc.) prior to building of and occupancy of a dwelling. After a dwelling is built and occupied, a boat dock and outbuilding may be built provided they are approved by the Developer or Covenant=s Board. 3. Garages, and Outbuildings, Temporary Structures. All single family dwellings on residential lots must include an attached garage, which must accommodate at least two motor vehicles. The outbuildings shall be of comparable quality and material to the residence as approved by the Developer or Covenant=s Board. No building or dwelling house shall be moved into the subdivision and placed upon a residential lot. No previously constructed home, mobile home or modular home constructed off premises shall be permitted to be moved on a lot, unless the Developer or Covenant=s Board gives express written consent to the construction of a modular home on a lot. No trailer, tent,

3 garage, shack or other unsightly outbuilding shall be used as a dwelling at any time, nor shall any structure of a temporary character be used as a dwelling. No metal storage sheds are permitted. 4. Fencing and Lighting. All fencing shall be approved by the Developer or Covenant=s Board. No chain link fences of any type, except dog kennels as approved by the Developer or Covenant=s Board. No mercury or sodium vapor lights are allowed on any lot. Declarant installed street lighting is exempt from lighting restrictions. 5. Lake Retaining Wall. All retaining wall construction and location shall first be approved by the Developer or Covenant=s Board. The concrete materials used shall be uniform with all lots. The retaining wall shall be constructed within the time limit determined by the Developer or Covenant=s Board. 6. Covenant=s Board. The Developer may appoint a Covenant=s Board consisting of three or more representatives. The Board shall consist of a minimum of two lot owners, and the Developer, Patrick Pfeifer and/or Shirley Pfeifer, or their heirs, successors and assigns. The Board shall have the responsibility for approving building construction, building site elevation, retaining walls and landscaping plans on the lots and the responsibility for maintaining uniform quality in construction. If the Developer or Board or its designated committee fails to approve or disapprove any design and location within 75 days following the written submission of the plans and specifications to the Developer or Board or the committee, approval will not be required, and this paragraph will be deemed to have been fully complied with. Any additions to or modifications of any existing home shall follow the same procedure as new construction and shall not be commenced until the plans and specifications showing the nature of the addition or modification have been submitted to and approved by the Developer or Covenant=s Board. 7. Pets. No barns, sheds, chicken houses or other buildings for the care and housing of fowl, rabbits or livestock shall be placed, maintained or used on any lot, nor shall any fowl, rabbits or livestock, except horses, be kept upon any lot. The breeding of animals or keeping of animals for any commercial purpose is not allowed. Pets such as dogs or cats are permitted, but shall be restrained. Provided, however, no dogs containing any amount of bloodline of the Rottweiler, Doberman, German Shepard, Pit bull breeds are allowed. Complaints by lot owners of barking or destruction caused by pets may be referred to the Developer or Covenant=s Board. Any decision by the Developer or Covenant=s Board shall be final and binding on the lot owner. Notwithstanding the paragraph above, each lot owner is allowed to house the maximum of two horses per lot at Trails End Subdivision. Any horse barns or horse sheds or corrals or fences housing horses shall only be constructed on the portion of the lot behind the roadway and the farthest area from the Trails End Lake. The lot owner will be solely responsible for the care and upkeep of the horse(s), its= living quarters and will be liable for any and all damages caused by the horse or liable for damages as a result of any person riding the lot owner=s horse(s). 8. Alteration of Premises. No sod, earth, sand, gravel or trees may be removed to the injury of the value or appearance of any lot nor for any commercial purposes, unless approved by the Developer or Covenant=s Board. Any elevation change of a lot must be approved by the Developer or Covenant=s Board. 9. Use for Storage. No unused building materials, junk or rubbish shall be left exposed on any lot except during actual building operations. No adjacent lot shall be used to store building materials or be disturbed in any way without written permission from owner of said lot. No worn out or discarded automobiles, machinery or parts thereof shall be stored on any lot and no portion of the subdivision shall be used for the storage of automobiles, junk piles or the storage of any kind of junk or waste materials. Violators are subject to the ruling and decision of the Developer or Covenant=s Board. 10. Utilities: Exposed Aerials and Lines. Certain easements are established for installation and maintenance of utilities, such as easements being clearly marked on the recorded plat -3-

4 of the subdivision. All claims for damages, if any, arising out the construction, maintenance and repair of utilities or on account of temporary or other inconvenience caused thereby against the Developer or Covenant=s Board or any of its agents or servants are hereby waived by all of the owners. Service lines for individual residents for all public utility services which are available to a lot from an underground source shall be kept underground. Exposed television aerials shall not be used on any lot and no radio aerial or apparatus are allowed. 11. Satellite Dishes, Receiving Equipment and Free Standing Yard Equipment. Satellite dishes, disks and receiving equipment approved by the Developer or Covenant=s Board shall be allowed. All cable television lines shall be underground where available. Any outside fuel tanks and/or appurtenances must be buried beneath ground level and/or concealed from view of the street and lake by fence or hedges approved by the Developer or Covenant=s Board. 12. Setback Requirements. All buildings and improvements in the Trails End Subdivision shall be placed on the lot with a five foot (5') minimum setback requirement from all property lines. All such measurements shall be computed from the foundation of the structure to the nearest property line. Driveways may be built within the setbacks if approved by the Developer or Covenant=s Board. All private driveways must be constructed and completed at the time or before the house or residence is completed. The setback requirements for future phases of the Trails End Subdivision shall be as determined by the Developer or Covenant=s Board. 13. Building Codes. All construction, electrical, plumbing and building shall be performed to comply with the requirements of the current and future building code and ordinances of Nance County, Nebraska, and said building code is incorporated in these restrictive covenants. 14. Building Requirement: Area Requirements. Each dwelling, garage and outbuilding on each residential lot shall have a roof constructed of shingles or other materials approved by the Developer or Covenant=s Board. Each residential lot shall have no more than one dwelling thereon, and such dwelling shall meet the following minimum square feet requirements, which minimum square footage shall not include garages or open porches. a. The finished and enclosed living area of main residential structures, exclusive of porches, breeze ways/lower levels, basements and garages shall not be less than 1,200 square feet for a one story home, not less than 1,200 square feet for a one and one-half story, not less than 1,500 square feet for bi-level, tri-level or two-story houses. b. The minimum liveable square footage of any split-level or split-foyer type dwelling shall be above ground level, and the finished subbasement of the dwelling shall not be included in computing the minimum liveable square footage. 15. Vegetation. The owner of each lot shall be responsible for mowing their lot. No weeds, underbrush or other unsightly growth shall be permitted to grow or remain on any part of the lot. Native grasses and wild flowers are excepted. There shall be no cottonwood trees planted. All beaches must be maintained and kept clean of weeds, trash and any other unsightly objects. 16. Boat Ramp. The boat ramp shall be constructed by the Developer and all costs of maintenance shall be determined and assessed as needed per lot in a pro rata share by the Developer or Covenant=s Board. 17. Common Roadway. The common roadway shall be constructed by the Developer and all costs of maintenance shall be determined and assessed as needed per lot in a pro rata share by the Developer or Covenant=s Board. 18. Trails End Lake Usage. The Use of Trails End Lake is governed by the Trails End Lake and Property Owners Rules and Regulations attached hereto as AExhibit B@ and -4-

5 incorporated herein by reference. In addition: a. The design and materials of all boat docks must be approved by the Developer or Covenant=s Board. One dock per lot may be constructed parallel with the shore line. The design, materials and construction of all docks shall be approved by the Developer or Covenant=s Board. No boat houses shall be built on the lake shore. b. Pumping from the lake is prohibited. c. Disposal of water from a heat and cooling system or any other mechanical devise into the lake is prohibited. 19. Drainage. Site drainage from any lot to the lake and the materials used for such drainage must be approved by the Developer or Covenant=s Board. 20. Septic/Sewer System. The Owner shall install all septic tanks and initial sewer lines at the time the residence is constructed on each lot in accordance with all state and federal laws. If a community sewer system is constructed at a future date, each owner is obligated to hook up to the community system and to pay the pro rata share of the sewer line installed around the perimeter of the lake in an amount as determined by the Developer or Covenant=s Board. 21. Remedies for Violations. If the owner of any lot, a family member of the lot owner, their heirs or assigns, violate any of the covenants, restrictions and conditions set forth in this instrument, it shall be lawful for the Developer, any other person or persons owning any real estate in the Trails End Subdivision or a member of the Developer or Covenant=s Board to enforce these covenants with proceedings at law or in equity against the person or persons violating or attempting to violate any of these covenants. In addition to the foregoing right, Developer, its successors and assigns, shall have the right to enter onto the property of an owner whenever there has been constructed on the lot any temporary structures, signs, unused parts thereof, weeds, underbrush or other unsightly growth or objects in breach of these restrictions and to abate or remove the same at the expense of the owner, and any such entry and abatement or removal shall not be deemed a trespass. The failure to promptly enforce any of the covenants, restrictions or conditions of this Agreement shall not, in any way, be a waiver of their enforcement. 22. Covenant Declared Void. If any of the covenants, restrictions or conditions set forth in this instrument are declared void by a court of competent jurisdiction, the remaining covenants, restrictions or conditions shall not be affected, but shall remain in full force and effect. 23. Rules and Regulations. The Developer and the Covenant=s Board reserve the right to make additional covenants, rules and regulations or to modify the covenants, rules and regulations for the Trails End Lake Subdivision. The Developer and Covenant=s Board further reserve the right to form a Homeowner=s Association or any other type of entity, at any time in the future, to enforce the covenants contained herein. 24. Persons Subject to Restrictions: Modifications. These covenants, restrictions and conditions are to run with the land and shall be binding upon all persons and all parties claiming ownership of lots. This instrument may be amended by an instrument signed by at least 70% of the lot owners. Any amendment to this instrument must be recorded with the Register of Deeds of Nance County, Nebraska. IN WITNESS WHEREOF, Developer has signed this instrument of of,

6 Patrick Pfeifer Shirley Pfeifer STATE OF NEBRASKA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me on, 2008 by Patrick Pfeifer and Shirley Pfeifer. Notary Public -6-

7 BUILDING AREA DESCRIPTION A tract of land located in the SE 1/4 of Section 24, T17N, R4W and in the SW 1/4 of Section 19, T17N, R3W of the 6 th P.M. in Nance County, Nebraska, more particularly described as follows: Commencing at the northwest corner of the SE 1/4 of Section 24, T17N, R4W of the 6 th P.M. in Nance County, Nebraska, and assuming the west line of said SE 1/4 to have a bearing of S 00 11'23" E; thence S 00 11'23" E and on said west line, 1, feet; thence N 89 48'37" E, 2, feet, to the point of beginning; thence S 66 23'40" E, feet; thence S 83 03'02" E, feet; thence N 86 52'18" E, feet; thence N 84 19'37" E, feet; thence N 76 44'40" E, feet; thence N 70 51'38" E, feet; thence N 21 20'50" W, feet; thence N 26 49'22" W, feet; thence N 18 50'08" W, feet; thence N 69 14'03" E, feet; thence S 23 15'02" E, feet; thence S 30 18'19" E, feet; thence S 02 55'29" E, feet; thence S 36 48'20" W, feet; thence S 60 24'09" W, feet; thence S 72 50'02" W, feet; thence S 83 31'56" W, feet; thence S 88 36'30" W, feet; thence N 81 40'13" W, feet; thence N 69 41'08" W, feet; thence N 18 46'07" E, feet, to the point of beginning, containing 1.65 acres, more or less. SUBDIVISION DESCRIPTION A tract of land located in the SE 1/4 of Section 24, T17N, R4W and in the SW 1/4 of Section 19, T17N, R3W of the 6 th P.M. in Nance County, Nebraska, more particularly described as follows: Commencing at the northwest corner of the SE 1/4 of Section 24, T17N, R4W of the 6 th P.M. in Nance County, Nebraska, and assuming the west line of said SE 1/4 to have a bearing of S 00 11'23" E; thence S 00 11'23" E and on said west line, 1, feet; thence N 89 48'37" E, 2, feet, to the point of beginning; thence S 66 23'40" E, feet; thence S 83 03'02" E, feet; thence N 86 52'18" E, feet; thence N 84 19'37" E, feet; thence N " E, feet; thence N 70 51'38" E, feet; thence N 21 20'50" W, feet; thence N 26 49'22" W, feet; thence N 18 50'08" W, feet; thence N 69 14'03" E, feet; thence S 14 09'10" E, feet; thence S 24 39'54" W, feet; thence S 42 26'38" W, feet; thence S 61 16'56" W, feet; thence S 73 33'42" W, feet; thence N 87 07'53" W, feet; thence N 79 05'14' W, feet; thence N 71 28'21" W, feet; thence N 18 46'07" E, feet, to the point of beginning, containing acres, more or less. INGRESS/EGRESS EASEMENT DESCRIPTION A foot wide easement for ingress and egress purposes located in the SE 1/4 of Section 24, T17N, R4W and in the SW 1/4 of Section 19, T17N, R3W of the 6 th P.M. in Nance County, Nebraska, the centerline of which is described as follows: Commencing at the northwest corner of the SE 1/4 of Section 24, T17N, R4W of the 6 th P.M. in Nance County, Nebraska, and assuming the west line of said SE 1/4 to have a bearing of S 00 11'23" E; thence S 00 11'23" E and on said west line, 1, feet, to the point of beginning; thence N 89 48'38" E, feet; thence southeasterly on a foot radius curve concaved northeasterly (with a chord bearing and distance of S 80 05'07" E, feet), feet; thence S 69 58'52" E, feet; thence southeasterly on a foot radius curve concaved southwesterly (with a chord bearing and distance of S 81 02'37" E, feet), feet; thence N 87 53'37" E, feet; thence S 86 17'35" E, feet; thence S 88 44'19" E, feet; thence S 89 07'43" E, feet; thence northeasterly on a foot radius curve concaved southeasterly (with a chord bearing and distance of N 78 10'07" E, feet), feet; thence N 65 27'56" E, feet; thence northeasterly on a foot radius curve concaved northwesterly (with a chord bearing and distance of N 81 36'47" E, feet), feet; thence S 82 14'23" E, feet; thence northeasterly on a foot radius curve concaved southeasterly (with a chord bearing and distance of N 84 04'19" E, feet), feet; thence N 70 23'02" E, feet; thence northeasterly on a foot radius curve concaved northwesterly (with a chord bearing and distance of N 85 10'12" E, feet), feet; thence S 80 02'37" E, feet; thence northeasterly on a foot radius curve concaved southeasterly (with a chord bearing and distance of N 75 07'53" E, feet), feet; thence N 50 18'22" E, feet; thence northeasterly on a foot radius curve concaved northeasterly (with a chord bearing and distance of N 66 25'06" E, feet), feet; thence N 82 31'50" E, feet; thence N 75 43'01" E, feet; thence southeasterly on a foot radius curve concaved northerly (with a chord bearing and distance of S 86 56'56" E, feet), feet; thence S 69 36'53" E, feet; thence S 80 35'05" E, feet; thence S 89 28'00" E, feet; thence N 77 48'07" E, feet; thence N 66 53'34" E, feet; thence N 50 34'31" E, feet; thence N 32 26'43" E, feet; thence N 25 53'55" E, feet, to the point of termination. Exhibit A -7-

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF MAPLE TREE HOMES ASSOCIATION, INC.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF MAPLE TREE HOMES ASSOCIATION, INC. (A Missouri Non-Profit Corporation) KNOW ALL PERSONS BY THESE PRESENTS: That Maple Tree Homes Association, Inc.,