DECLARATION OF RESTRICTIONS FOR Whispering Timbers Lots 2 through 12 located in the county of Hickory, State of Missouri.

The G & S Dennis Family Trust ("The Developer') make THIS DECLARATION this ___ day of March 2003 with respect to the facts and objectives.

WHEREAS, The Developer owns a tract of land located in Hickory County, Missouri. The tract ("the property") consists of all of the land shown in the subdivision plat (the "plat') entitled "Whispering Timbers Subdivision" Lots 2 through 12 recorded among the records of the Hickory County, Missouri in Book _______at page_____________.

WHEREAS, The Developer desires to subject the property, and the lots shown in the Plat to covenants, conditions, restrictions and easements set forth below which are for the purpose of protecting the value and desirability of the Property and the Lots: and

WHEREAS, The Developer declares that the Property shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements set forth below.

1.      Except as herein provided no lot shall be used except for single-family residential purposes. No further subdividing of any lots will be allowed and no more than one (1) residential structure will be allowed on each lot. No occupancy of a partial completed house will be allowed. No animal, fish or any other creature shall be raised for commercial purposes within the boundaries of "Whispering Timbers", nor shall any part of any lot be used for any other purpose whatsoever (including any agricultural purpose) that is reasonably likely to or does result in noxious odor, loud and consistent noises, or substantial nuisances. No swine or commercial kennels may be kept on this property, however other livestock or pets are allowed but must be confined to the property of the owner.
2.      No temporary building, basement, tent, shack, old house or other type of temporary or partly finished building, shall be erected or placed upon the aforesaid property except for temporary facilities employed by contractors during residential construction thereof which are not used for living purposes. No building shall be constructed or placed closer than thirty feet to any lot line or road easement. No building shall be permitted to stand unfinished for longer than 2 (two) years after commencement of construction. In the event of fire, windstorm or other damage to a residential structure, or any out buildings related to a residential structures, no building shall be permitted to remain in such damaged condition for longer than 1 (one) year; and no dangerous conditions resulting from damage or destruction shall be permitted to remain for longer than is necessary, exercising due diligence to cause such condition to be removed.
3.      No out-building shall be constructed expect concurrently with or upon the completion of principal residence. All out buildings will be constructed of new material and be of good design.
4.      All homes shall be a minimum of 24' in width and 36' in length, excluding porches, decks, carports and garages, except that mobile homes of a size not less than 14 X 60 and no older that 5 years of age when placed upon the property shall be allowed. Mobile homes placed on said property shall be properly anchored and skirting must be completed within 90 days of placement on property.
5.      No part of any of the subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste; nor shall rubbish, trash, garbage or other waste (other than trees, leaves and yard waste) be burned within the subdivision. All trash shall be disposed of at regular intervals by removing, or arranging for the removal thereof, to a public dump or other point of lawful disposal.
6.      Not to place or cause to be placed on said premises any disabled, wrecked or salvaged motor vehicles. Camping is permitted for not more than 30 consecutive days in a year and no tent, shack, camper, pop-up trailer or recreational vehicle shall be used as a permanent residence.
7. No commercial logging will be permitted. All cleared timber will be disposed of by burning, cutting to firewood size, or removing from lot. No disposing of down timber will be place on any other lots. Previously to receiving warranty deed, any clearing of lots must be approved by Developer.
8.      All septic systems shall be underground. Care shall be exercised to locate all tanks and lines away from lot lines, roads or wells in compliance with all local county and state laws. No septic lagoon systems or outside toilets will be allowed. Before a residence can be occupied, each residence must be equipped with a septic tank in compliance with laws stated above.
9.      All easements of driveways to residential structures shall be from the subdivision roads and shall have adequate culvert pipe. An easement for utilities is hereby granted under, over, upon ten (10) feet on either side of any and all lot lines in "Whispering Timbers" or twenty (20) feet on lot lines that border property outside of the subdivision roads. Utility easements for installation and maintenance of utilities and drainage facilities are to be preserved. Within these easements, no structure, planting or other material shall be placed or permitted to remain.
10.      Maintenance costs for all subdivision roads or any other subdivision maintenance expenses shall be paid equally by all lot owners. Upon the sale of the 6th (sixth) of the subdivision lots, the owners of those lots are to form a subdivision homeowners association and appoint officers to administer subdivision business.
11.      This applies to only Lots 2, 3, 9. The well, its equipment, and maintenance costs for water to Lots #2, 3, 9 shall be shared equally by those lot owners, however; water line and related costs from the well to lots 2, 3, 9 will be the expense of the individual lot owner. The developer shall cause a bank account to be opened in the name of "Whispering Timbers Well Fund" which funds shall be held for maintenance and operation of existing well on Lot 2. On establishing the account, the developer shall have the control and the right to use said funds in connection with the operation of the well. Beginning on the first day of the month, following the connection to the well each lot owner shall pay the sum of $20.00 as a water fund fee. Monies held in said account shall be used for purpose of paying utilities cost and maintenance of the well. Upon the sale of Lot 2 and Lot 3 in the subdivisions and conveyance by warranty deed to respective owners the well fund shall be turned over to those lot owners. Lot 9 is sold with rights to the well. Any of said lot owners upon receipt of your warranty deed and building or placement of home begins we will install the necessary equipment and well house to operate the well. It shall be responsibly of each lot owner to install maintain and repair water lines to and from the existing well at Lot 2 to their property. All water lines shall run along roadway to each lot.
12.      There is a 20 x 20 well easement between lots 11 and 12 but no well has been drilled. Each lot owner my install their own well or have a shared well with up to three (3) lot owners. If other shared well are used a 20 x 20 well easement will be created at adjoining property lines where needed. All new wells, well houses and related costs to installing and maintaining are the responsibility of the lot owners and shall meet all county and state regulations.

WHEREAS, These covenants and declarations as contained herein shall be binding on the lot owners, their heirs, and successors, once said declaration is recorded in the Recorders Office of Hickory County, Missouri. It shall not be required that reference be made to the restriction in each conveyance there after made. The Developer may amend these declarations and covenants for a period of two years after the date of recording the declarations. After that period, the restrictions may be amended only by the written agreement of no less than seven (7) of the twelve (12) lots in Whispering Timbers.

WHEREAS, Lot 1(one) is excluded from any restrictions herein and is not a part of Whispering Timbers subdivision.

WHEREAS, Duration; these restrictions and covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of thirty (30) years from the date this Declaration is recorded.

WHEREAS, Enforcement; each of the restrictions and covenants as herein set forth shall run with the land and bind the present owners, their successors and assigns, and all parties claiming, by through or under them shall be taken to hold, agree and covenant with the owner of said tract, to conform to and observe said restrictions and covenants. The owner or owners of any portion of the above lands shall the right to sue for and obtain an injunction prohibitive or mandatory to prevent the breach of or to enforce the observance of the restrictions above set forth. In addition to the ordinary legal action for damages; and the failure of the owners of said premises is hereby restricted to enforce any of the restrictions and covenants herein set forth shall not waive such right to do so at any time hereafter.

WHEREAS, Effect of Partial Invalidity. Invalidity of any one or more of the provisions, reservations, restrictions and covenants herein contains and any amendments hereto, by court order or judgment shall in no way affect any of the other provision, reservations, restrictions and covenants herein-