South Cranberry Lake

Homeowners Association

KNOW ALL MEN BY THESE PRESENTS: That Investment Enterprises, Inc., a Michigan Corporation, does hereby make publish and declare the following Building and Use Restrictions, which shall be applicable to all lands comprised in CRANBERRY HEIGHTS SUBDIVISON, a SUBDIVISION of part of section 12 Township 19 North, Range 4 West, Hayes Township, Clare County, Michigan, as platted and recorded.

1. The restrictions herein set forth shall remain in full force and effect for an initial period of thirty 30 years and shall inure to the benefit of all persons who shall from time to time be the owners in fee of and the owners of an equitable interest in and to any of the lands included in said subdivision, and each owner shall have full right and authority to enforce the same by appropriate action in any court of competent jurisdiction.

2. All conveyances of lands within said subdivision from the present owners thereof shall be subject to all restrictions herein contained, and all subsequent conveyances of said lands shall likewise be subject to the same for the term thereof. At the expiration of said initial term of 30 years said restriction may be continued in force, altered or amended by written consent of the owners of 75 % of the lots included in said subdivision and upon recording said consent all lands in said subdivision shall be governed thereby. Any restrictions herein contained may be waived, suspended, altered or abandoned by three-fourth's majority vote of the legally recorded owners of lots.

3. With the exception of Outlet, "A" which is declared a commercial area, the lands included in said subdivision shall be used for residential purposes. No business enterprise or venture of any kind shall be carried on upon said premises, including a policy of regular rentals. Except, that the subdivider may erect and maintain a sales office upon the premises.

4. Only one residence or dwelling house, shall be erected upon any one site of a platted lot in said subdivision, and such residences shall be single family dwellings only. Each such residence or dwelling shall contain not less than 252 square feet of ground floor space. All construction shall be continuously carried on until completed, leaving no unfinished exteriors. All such dwellings shall be finished in wood, stone, brick, or masonry, or simulated stone or brick or masonry applied to steel lath; all use of composition building materials, excepting plywood, hardboard, aluminum and asbestos shingling for exteriors of buildings being hereby expressly prohibited.

5. No garage house shall be built or constructed and used as a residence or dwelling house upon said premises at any time.

6. Within thirty (30) days after completion of exterior, owners must have applied at least one coat of paint or varnish to the exterior of the building. A regular weatherproofing program must be maintained by the owner thereafter. Except, that model cottages built by the subdivider are excluded from this provision.

7. No building shall be erected nearer than 30 feet to the front lot line. No building shall be erected nearer than 30 feet to the front lot line. No building shall be erected upon any lot in the subdivison nearer than 10 feet to the side lines of any lot. Open porches, steps and eaves, enclosed porches, bay windows and other projections forming part of the body of the house shall be considered as an integral part of the building and will not be permitted to extend over the building lines.

8. Tenting or camping upon the premises is expressly forbidden.

9. Occupied house trailers or mobile homes on premises in expressly forbidden. Except, said units may be occupied on any lot for a period of six months concurrent with beginning of dwelling construction. Unoccupied house trailers or mobile homes may be parked or stored on lots of at least 90 feet frontage and at least 60 feet back from front lot line, provided said lot has as qualified dwelling thereon.

10. There shall be no outside toilet on Lot 27 Lot 28 or Lot 29. Beach dwelling on these lots shall be equipped with an efficient septic tank, which shall at all times be maintained in good, sanitary and useable condition. All septic tanks, drains and disposal fields shall be suitably buried under the surface of the land, and no part thereof shall be placed closer than 30 feet from the front lot lines.

11. No advertising signs or devices of any kind including "For Sale" signs, may be erected, installed, displayed, or permitted to remain on any lot or building.

12. No fence or hedge shall extend beyond front building line; fences shall not be higher than 6 feet and must be kept in good condition and repair.

13. No livestock or fowl of any kind shall be kept and maintained upon the premises.

14. All garbage, waste and rubbish must be properly stored in covered metal containers. NO garbage or rubbish shall be openly burned, but may be burned in confined incinerators.

15. No drainage of any kind from the buildings to be constructed upon the premises shall be allowed to drain or empty into the lake or waters adjacent to the premises.

16. The subdividers reserve the right to grant an easement over and across that portion of the lot facing the highway fifteen (15) feet in width for public utilities, and the right to remove all trees and shrubs in said right of way.

17. All dwellings or buildings shall have affixed over the door entrance nearest the highway the number of the lot upon which the building is situated.

18. A well drilled upon the lot, or a community well, shall be the sole supply of water for all uses upon the premises and no water shall be taken from the lake for any purpose whatsoever. This restriction however shall not prohibit the subdividers from taking water from the lake for the purpose of aiding in the general development and beautification of the area.

19. Nothing herein contained shall prevent any owner from leasing residences in said subdivision to any private person or persons of good moral character. Tenants may not subsequently rent or lease any premises except with the owner's written approval. No portion of the lands included in said subdivision shall be used for any immoral or illegal purpose whatsoever and no activity or condition constituting a legal nuisance shall be permitted upon the premises.

20. All lots in this subdivision are conveyed subject to any rules and regulations, which may be promulgated by a property owners association.

21. Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.