PROTECTIVE
RESTRICTIONS, COVENANTS,
LIMITATIONS
AND EASEMENTS
For
THE
SUMMIT,
November
24,1998, at Plat Book 25, Page 4, as Instrument No. 98038407)
In
Elkhart
County, Indiana
All the lots in said Sections (hereinafter sometimes referred to as
"The Summit" or "this subdivision") shall hereinafter be
referred to as "the lots" or "the lot," and the lots
shall be subject to and impressed with the covenants, agreements, easements,
restrictions, limitations and charges hereinafter set forth; and they shall be
considered a part of the conveyance of any lot in said Sections without being
written therein. The provisions herein contained are for the mutual benefit and
protection of the owners, present or future, of any and all lots in said
Sections; and they shall run with the land and inure to the benefit of and be
enforceable by the owner, or owners, of any land or lots included in said
Sections, their respective legal representatives, heirs, successors, grantees
and assigns. The owner, or owners, present or future, of any land or lot
included in said Sections shall be entitled to injunctive relief against any
violation or attempted violation of the provisions hereof and also damages for
any injuries resulting from any violation hereof; but there shall be no right
of reversion or forfeiture of title resulting from such violation. The
restrictions and limitations imposed upon said Sections are as follows:
1. ARCHITECTURAL CONTROL COMMITTEE. In
order to maintain harmonious structural design, no building for the principal
use of residential dwelling or any other structure may be erected on any lot
unless and until the plans and specifications therefor have been approved in
writing by The Summit Architectural Control Committee. There is hereby created
The Summit Architectural Control Committee which shall consist of three (3)
persons appointed by Segra Properties, LLC, hereinafter referred to as the
"Developer", or its successors and assigns who shall serve until they
are removed by the Developer or have resigned. This Committee may designate any
one of its members to act on its behalf.
In the event of any vacancy on the Committee, the Developer shall
appoint a replacement. The Committee shall have the authority to approve all
plans and specifications for all structures to be erected in the subdivision.
No construction of any structure shall be commenced until the Committee shall
have issued its written approval. The decision of the Committee shall be
entirely within its discretion. The authority of the Committee shall expire
twenty (20) years after the date of the recording of this Plat, subject to the
provisions of Paragraph 30 hereof.
2. (a)
LAND AND USE AND BUILDING TYPE. No dwelling shall be erected,
altered, placed or permitted to remain on any lot other than one single-family
dwelling not to exceed two and one-half (2-1/2) stories in Height and a private
garage for not more than three (3) cars; exceptions may be made to this section
only if they are unanimously approved in writing by the Architectural Control
Committee.
(b) HOME OCCUPATIONS. No lot or lots
shall be used for any purpose other than as a single-family residence, except
that a home occupation, defined as follows, may be permitted: any use conducted
entirely within the residence dwelling and participated in solely by a member
of the immediate family residing in said residence, which use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof and in connection with which there is: a)
No sign or display that will indicate from
the exterior that the building is being utilized in whole or in part for
any purpose other than that of a dwelling; b) No commodity sold upon the
premises; c) No person employed other than a member of the immediate family
residing on the premises; and d) No mechanical or electrical equipment used;
provided that, in no event shall a barber shop, styling salon, beauty parlor,
tea room, fortune-telling parlor, animal hospital, or any form of animal care
or treatment such as dog trimming, be construed as a home occupation.
3. ARCHITECTURAL CONTROL. No building or Other structure shall be
erected, constructed, placed, maintained, or altered on any lot, nor shall the
natural topography or drainage of any lot be altered, until the construction
plans for the structure or for the topographical alterations have been approved
by the Architectural Control Committee. The plans must show floor plan, quality
of construction, materials, outside colors to be used, harmony of external
design with existing structures and location with respect to lot lines,
topography and finish grade elevations. Two (2) sets of complete plans must be
submitted. One will be retained in the Developer's Office and one will be
returned to the builder. The Committee's approval or disapproval as required in
these covenants shall be in writing. No structure of any kind which does not
comply fully with such approved plans shall be erected, constructed, placed or
maintained upon any lot, and no changes or deviations in or from such plans as
approved shall be made without the Committee's prior written consent. Neither
the Developer, the Architectural Control Committee, nor any member thereof, nor
any of their respective heirs, personal representatives, successors or assigns,
shall be liable to anyone by reason of any mistake in judgment, negligence, or
nonfeasance arising out of or relating to the approval or disapproval or
failure to approve any plans so submitted, nor shall they, or any of them, be
responsible or liable for any structural defects in such plans or in any
building or structure erected according to such plans or any drainage problems
resulting therefrom. Every person and entity who submits plans to the
Architectural Control Committee agrees, by submission of such plans, that he or
it will not bring any action or suit against the Committee or the Developer to
recover any damages or to require the Committee or the Developer to take, or
refrain from taking, any action. Neither the submission of any complete sets of
plans to the Developer's office for review by the Architectural Control
Committee, nor the approval thereof by that Committee, shall be deemed to
guarantee or require the actual construction of the building or structure
therein described, and no adjacent lot owner may claim any reliance upon the
submission and/or approval of any such plans or the buildings or structures
described therein.
4. DWELLING SIZE.
(a) GENERAL RESTRICTIONS. No dwelling shall be permitted
on any lot with a living floor area of the main structure, exclusive of
one-story open porches and garages, of less than the following number of square
feet for the following types of dwellings. Such minimum square footage will be
the following:
Type
of Home Minimum
Square Footage
Ranch
Style 1,500
square feet
2
Story 2,000
square feet
1-1/2
Story and Bi-Level 1,500
square feet (permitted only on specified terrain)
(b) GARAGES. All dwellings must have a full-size attached garage which is
capable of storing at least two (2) automobiles but not to exceed space for
three(3) automobiles; exceptions may be made to this section only if they are
unanimously approved in writing by the Architectural Control Committee.
5. BUILDING
LOCATION. No building shall be
located on any lot nearer to the right-of-way line, than the minimum building
setback lines as shown on the recorded Plat. Each building shall be located no
nearer than eight (8) feet from any side lot line but shall have a total
combined width for the two (2) side yards of not less than twenty (20) feet. No
dwelling shall be located closer
than forty (40) feet to any rear lot line. For the purposes of this covenant,
eaves, steps and open porches shall not be considered as a part of the
building; provided, however, that this shall not be construed so as to permit
any portion of a building on a lot to be located nearer than eight (8) feet
from any side lot line or twenty (20) feet from any building on an adjacent
lot, whichever distance is greater.
6. EASEMENTS . There are strips of
ground variable in width, as shown on this Plat, and marked
"Easement", reserved for use as roads and for the use of public
utilities for the installation of water and sewer mains, poles, ducts, lines
and wires, and overland drainage flows, subject at all times to the proper
authorities and to the easement herein reserved. No permanent structures shall
be erected or maintained upon said strip of land except as noted in Paragraphs
7 and 8, regarding screening of non-access easements. No changes shall be made
in the grading of any lot areas used as drainage swales as initially provided
which would alter the flow of overland storm drainage runoff, but owners of
lots in this subdivision shall take their titles subject to the rights of the
public utilities. Furthermore, any utility company, in setting utility poles,
shall have the right to set anchor poles at any change of direction of their
lines. Such anchor poles may be set on any lot line outside the easement and
not more than ten (10) feet from the rear line of any lot. All utility
pedestals and transformers shall be erected on or within five (5) feet of the
nearest comer lot.
7. PROTECTIVE SCREENING. Protective
screening areas are established as shown on the recorded Plat and are noted as
"non-access easements”. Except as otherwise provided herein regarding
street intersections under "Sight Distance at Intersections",
plantings shall be retained and maintained throughout the entire length of such
areas by the owner or owners of the lots at their own expense to form an
effective screen for the protection of the residential area. No building or
structure, except a screen fence or landscaping or wall or utilities or drainage
facilities, shall be placed or permitted to remain in such areas. No vehicular
access over the area shall be permitted except for the purpose of installation
and maintenance of screening, utilities and drainage facilities. In addition,
no screen planting over thirty-six (36) inches high shall be permitted between
the building setback line and front lot line on all lots.
8. PERIMETER FENCING. The only
perimeter fencing permitted shall be an open decorative fence no more than four
(4) feet high or a privacy fence around an immediate patio of not more than six
(6) feet high which must conform to present architectural standards as set by
the style of home built thereon and be approved by the Architectural Control
Committee in writing, unless a variance from this fence requirement shall have
been approved in writing by the Architectural Control Committee.
9. NUISANCES. No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon which may become
an annoyance or nuisance in the
neighborhood.
10.
PROHIBITED STRUCTURES. No
trailer, modular home, manufactured home, prebuilt home, basement, tent,
shack, garage, barn, outbuilding or any structure of a temporary character
shall be moved onto, assembled or constructed an any lot and used at any time
as a residence, either temporarily or permanently.
11. TENNIS COURTS AND POOLS. No tennis courts or swimming pools shall be permitted.( Amended
to: In-ground swimming pools will be permitted with architectural control
committee approval. )
12. DETACHED BUILDINGS. The construction and placement
of any detached storage or pet shelter structures to be used for the storage of
lawn tools, toys, or any other personal property or for the shelter of pets
must be of a quality construction and must be maintained in attractive and neat
appearance and blend with the established home and be submitted to the
Architectural Control Committee for approval before beginning construction. The
Architectural Control Committee shall have the authority to require protective
screening around these structures. Approval for the construction of the
structure must be obtained from the Architectural Control Committee as provided
for in Paragraph I hereof.
13. DRIVEWAYS AND CHIMNEYS. No stone or cinder driveways shall be
Permitted. All driveways are to be a minimum of twelve (12) feet wide and must
be constructed of asphalt, brick or concrete. If constructed of asphalt, the
depth of the asphalt shall be at least three (3) inches thick. If constructed
of concrete, the driveway shall be at least four (4) inches thick. Circular
drives in front of homes (if any) may be a minimum of eight (8) feet wide. All
fireplace chimneys shall be of masonry construction.
14. SIGNS. No sign of any kind shall be displayed to
the public view on any lot except one sign of not more then five (5) square
feet advertising the property for sale or rent, or a sign of any dimension used
by a builder to advertise the property during the construction and sales
period. There is reserved to the Developer, its successors and assigns, the
right to construct signs as they desire in order to foster the promotion and
effect sales of lots or structures in said development.
15. LIVESTOCK
AND POULTRY. No animals,
livestock or poultry of any kind shall be raised, bred or kept on any lot,
except that dogs, cats, or other household pets may be kept, provided that they
are not kept, bred or maintained for any commercial purposes and are not
permitted to become a neighborhood nuisance or hazard in any manner.
16. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or
maintained as a dumping ground for rubbish. Trash, garbage or other waste shall
not be kept except in sanitary containers. All equipment for the storage or
disposal of such material shall be kept in a clean and sanitary condition. No
incinerators are permitted and no burning of trash, garbage or other waste
material is allowed in this subdivision.
17. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall hedge or shrub planting which
obstructs sight lines at elevations between two (2) and six (6) feet above the
roadways shall be placed or permitted to remain on any comer 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, from the intersection of the street
property lines extended. The same sight-line limitations shall apply on any lot
within ten (1O) feet from the intersection of a street property line with the
edge of a driveway. No tree 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.
18. COMPLETION DATE. Any structure begun must be
completed within a period of one (1) year from the date of beginning, or thereafter be completely removed. The side,
front and rear yards of each lot shall be planted with grass seed, sod or
ground cover, unless otherwise approved by the Architectural Control Committee,
within one hundred and twenty (120) days after the structure is completed, or
the structure is occupied as a home, whichever is earlier.
19. DEVELOPER’S OPTION TO REPURCHASE. In the event that a residential dwelling
meeting the requirements of these restrictions is not completed on any lot
within a period of two (2) years from the date on which such lot is conveyed by
the Developer to the purchaser thereof, unless such two (2) year period is
extended by a written instrument duly executed by the Developer, the Developer
shall thereupon have the right during the ensuing twelve (I 2) month period
commencing on the second anniversary date of such conveyance to repurchase such
lot from the current owner of such lot, free and clear of all liens and
encumbrances except current property taxes which shall be prorated to the date
of closing, at the same price at which the Developer sold such lot to the
original purchaser thereof, without payment of interest or any other charges,
upon the Developer serving written notice upon the current owner of such lot of
the Developer’s intention to exercise its option and effect such repurchase,
notwithstanding whether the current owner of such lot was also the original
purchaser thereof. The closing of such repurchase shall take place at the
Developer's office not later than thirty (30) days from the date of the giving
of such written notice to the current owner of such lot, who shall take such
actions and shall execute such documents, including- a warranty deed to such
lot, as the attorneys for the Developer shall deem reasonably necessary to
convey good title to such lot to the Developer, free and clear of all liens and
encumbrances as aforesaid.
20. FUEL STORAGE CONTAINERS. No oil or fuel storage containers may be
installed, stored or otherwise located on any lot except portable,
government-approved containers for LP gas, gasoline or other such materials
used for household purposes, provided that such containers are concealed within
the main structure of the dwelling, basement or attached garage.
21. LOT DIVISION. There shall be no subdivision or sale of any
lot by a homeowner for the purpose of building an additional dwelling.
22. LIGHTING. A dusk to dawn light (or gas light) of the
type approved by the Architectural Control Committee shall be installed by the
builder or lot owner on each lot in front of the front building setback line.
If electric, post lights shall be equipped with automatic operators (electric
eye) to provide light from sundown to dawn.
23. RECREATIONAL AND COMMERCIAL VEHICLES. No recreational or commercial vehicles
(campers, trailers, trucks, or boats) may be kept in open areas in this
subdivision, whether such open areas are on or off the lot of any lot owner.
24. HOMEOWNERS ASSOCIATION. "The
Summit Homeowners Association, Inc.", hereinafter referred to as the
"Association", which shall be an Indiana corporation, shall be,
created by the Developer acting on behalf of the owners and future owners of
lots in this subdivision.
Each owner of a lot in
The Summit shall be a member of the Association and shall be entitled to cast
one (1) vote at all meetings for each lot that is owned. The purpose of the
Association is to manage and to support financially all park areas or other
"common areas", all landscaped entrance ways, and all street
lighting, and the provision of such security services as may be deemed advisable
and practical is the sole discretion of the Association or, until such time as
the Association is created by the Developer, in the sole discretion of the
Developer, and all purposes as the membership deems necessary. After its
creation by the Developer, the Association shall conduct a meeting at least
once each year to organize itself and to elect its officers. The Association
shall adopt By-laws for its government and may levy and collect dues.
The Association shall
have the authority to impose and collect annual assessments for the
installation and operation of street lighting, the maintenance and improvement
of park areas or other "common areas" and the provision of the
aforesaid security services. The Association shall reimburse the Developer for
the costs of the installation of street lighting over a period mutually
acceptable to Developer and the Association, but in no event longer than ten
(10) years, and hold Developer harmless for the electric charges relating to
such street lighting. Assessments shall be levied equally on each lot in all
Additions to and Sections of the recorded Plat of The Summit. Failure to pay
said assessments or annual dues shall be a violation of these covenants and
restrictions. Any such assessments or annual dues shall be billed by the
Association to the owner of each lot during the month of January of each year
and shall be due and payable within thirty (30) days.
All lots in these
Sections shall, from and after the recording of these restrictions, be subject
to said annual dues and assessments. The total of the annual dues and
assessments shall not be more than One Hundred Seventy-Five Dollars ($175.00)
per year per lot owned (the "Maximum Annual Assessment"), except as
hereinafter adjusted. After the Maximum Annual Assessment is fixed at One
Hundred Seventy-Five Dollars ($175.00) for a particular year, it may thereafter
be increased annually by the greater of (3) three percent (3%) or the percentage that the CPI has increased
upon the comparison of the Index for January of the year in which the increase
in the Maximum Annual Assessment is to be made and the Index for January of the
immediately preceding year. As used herein, "CPI" means the Consumer
Price Index for All Urban Consumers (All Items) published by the Bureau of Labor Statistics of the
United States Department of Labor. In the event the Bureau discontinues
publishing the CPI, a comparable index will instead by used as basis for making
any adjustments under this paragraph.
Said dues and
assessments, including interest, costs of collection and attorneys’ fees, if
any, as hereinafter provided, shall be a lien in favor of the Association upon
the lot against which such dues and assessments are charged until discharged by
payment or released by the Association, which lien may, but need not, be
enforced in the same manner as is provided in the mechanic’s lien statutes of
the State of Indiana. Notwithstanding anything to the contrary herein, the
Association need not file or record or send any notice with respect to any lien
or liens or bring suit thereon within any time specified in the mechanic’s lien
statutes of the State of Indiana to enforce the same. The Association may, but
need not, publicly record such notices of undischarged liens arising hereunder
as it deems appropriate and may, but need not, bring a separate independent
action in any court to enforce payment of or to foreclose, the lien created
hereunder. Provided further, that any person purchasing or dealing with said
lot may rely upon a certificate signed by the President or Secretary of the
Association showing the amount of such lien, and the Association shall not be
entitled to enforce any lien for such charge accruing prior to the date of any
such certificate unless the amount thereof is shown in the said certificate.
The within above-described lien is subordinate to any first mortgage lien. The
Association may also enforce the restrictions concerning accumulations of
rubbish, weeds, or trash, and may own any land for use by all or less than all
of the lot owners as a “common area”. Any past-due annual dues, assessments, or
other charges assessable hereunder shall bear interest at the rate of eight
percent (8%) per annum commencing thirty (30) days after same become due and
with attorneys’ fees, and shall be due and payable without relief from
valuation and appraisement laws.
The Association may be
formed for, and engage in, such other activities as may be beneficial to the
lot owners, to the public at large, or which may qualify the Association as a
“not-for-profit corporation or association”, as defined in the Internal Revenue
Code. Until such time as the Association is created by the Developer, the
Developer, acting on behalf of the Association to be formed, shall be entitled
to carry out the responsibilities assigned to, and enjoy and exercise the
rights and powers granted to, the Association pursuant to these restrictions;
provided, however, that the total of such dues and assessments levied by the
Developer in such capacity against each lot shall not exceed One Hundred Fifty
Dollars ($150.00) per lot per year so long as the Association has not been
created and the Developer is acting in such capacity on behalf of the
Association to be formed.
25. UTILITIES, TELEVISION ANTENNAS AND
SATELLITE DISH ANTENNAS. All public utility services, either in the streets
or on any lots, including but not limited to electric, gas and telephone
service, and cable television, shall be located underground, and shall not be
visible. No outside above-ground AM, FM, or short wave radio antennas of any
type shall be erected or maintained on any lots or structures in this
subdivision. All street or lot lighting shall be situated on posts with no
lines visible. To assure the enforcement of this restriction the Developer, for
itself, its successors, and assigns, does hereby agree:
(a) To prohibit the erection and use of
overhead wires, poles and other facilities of any kind, including but not
limited to those associated with electrical, television, cable or telephone
service, either electrically or by telephone from poles and overhead wires
around the perimeter of the subdivision or development. Nothing herein should
be construed to prohibit street lighting or ornamental yard lights if serviced
by underground wire or cable.
(b) To require that the owner of any
building erected on the property install an electric service entrance of
sufficient capacity to meet present and future requirements of the occupants in
accordance with the engineering standards of the electric utility company;
(c) To require owners to assume all
landscaping responsibility and restoration of paved or planted areas made
necessary by maintenance, replacement, or expansion of the underground service
facilities;
(d) To require accessibility to all strips
in which underground service is located for operation maintenance, or
replacement of facilities; and
(e) To require that the owner of any
building erected on the property must pay any cost differential for underground
service laterals.
As concerns television
antennas and satellite dish antennas, a property owner may erect a direct
broadcast satellite (DBS) dish that is not more than one meter in diameter, an
antenna designed to receive multi-channel multi-point distribution service
(MMDS) that is not more than one meter in diameter or diagonal measurement, or
an antenna to receive television broadcast service (TVBS). Any such dish or
antenna and its support structure must meet all existing safety codes and laws
governing historic preservation. The antenna must be placed, to the extent
feasible, in locations that are not visible from the street or other common
property. The owner may be required by the Architectural Control Committee, at
the owner’s cost, to plant shrubbery or provide other screening around such
dish or antenna and to ensure that the color of the dish or antenna and its
installation is harmonious with the landscape and architecture, so long as
these requirements do not unreasonably impair such owner’s installation,
maintenance or use of any such dish or antenna. No satellite dish or antenna
shall be installed until the Architectural Control Committee has approved in
writing, the placement of the dish or antenna under procedures and restrictions
described herein or such other government regulations which control or regulate
such installation.
26. SEPTIC SYSTEMS. If sewer service
is not available, a sanitary septic system shall be installed at the lot
owner’s expense for each dwelling erected in the tract. Such septic system
shall be of a type and construction and so located on the individual lot as to
be approved in writing by the appropriate regulatory agency as required in
Elkhart County and the State of Indiana. No other sanitary provision or device
for sewage disposal shall be installed or permitted to remain in this tract.
27. FIRES. No fire shall be permitted
to burn upon any street, lot or roadway in this subdivision.
28. CONVEYANCE OF COMMON AREAS TO
ASSOCIATION. The Developer hereby covenants for itself, its successors and
assigns, that it will convey fee simple title to all common areas in this
subdivision to The Summit Homeowners Association, Inc., not later than five (5)
years after all lots in this subdivision have been sold by the Developer, its
successors and assigns.
29. AMENDMENT OF COVENANTS. It is
expressly provided that the Developer, its successors or assigns, shall have
the exclusive right for a period of five (5) years from the date of recording
of this Plat to amend any or all of the restrictions or covenants herein
contained; except that the Developer, its successors or assigns, shall not,
during such five-year period, increase the One Hundred Seventy-Five Dollar
($175.00) limitation on the total dues and assessments which may be levied
annually by the Summit Homeowners Association, Inc., against any lot, subject
to the annual increase of the Maximum Annual Assessment permitted by the
provisions of Paragraph 24. Such amendment shall be evidenced by the recording
of a written amendment signed and recorded in the Office of the Recorder of
Elkhart County and shall become effective upon such recording. This shall
include the right to waive any part of the restrictions or conditions as to any
particular lot. After five(5) years from the date of recording of this Plat,
these Restrictions and Limitations, including that provision of Paragraph 24
which places a One Hundred Seventy-Five dollar ($175.00) maximum on the total
dues and assessments which may be levied annually by The Summit Homeowners
Association, Inc., against any lot, subject to the annual increase of the
Maximum Annual Assessment permitted by the provisions of Paragraph 24, may be
amended at any time by the recording of such amendment executed by the owners
of the fee title of not less than seventy-five (75%) of the lots in the
subdivision.
30. DURATION OF COVENANTS. These
covenants and restrictions are to run with the land and shall be binding on all
parties and all persons claiming under them until November 1, 2018, at which
time said covenants and restrictions shall be automatically extended for
successive periods of ten(10) years, unless by a vote of the then owners of the
fee title of not less than seventy-five percent (75%) of the lots covered by
these covenants and restrictions, it is agreed to change such covenants and
restrictions in whole or in part.
31. SEPARABILITY OF COVENANTS.
Invalidation of any one of the covenants or restrictions by judgment of a Court
of competent jurisdiction shall in no way effect any of the other covenants or
restrictions and all other provisions of these covenants and restrictions shall
remain in full force and effect.
32. ENFORCEMENT OF COVENANTS. The
right to enforce these provisions by injunction, together with the right to
cause the removal by due process of law of any structure, is hereby vested in
each owner of a lot in The Summit, and in the The Summit Homeowners
Association, Inc., its successors and assigns. These covenants and restrictions
may all be enforced by a civil action for damages and by any other appropriate
remedy at law or in equity. If any person or persons shall violate or attempt
to violate any of the covenants herein, it shall be lawful for any other person
or persons vested with the title to any of the lots hereinbefore described, The
Summit Homeowners Association, Inc., its successors and assigns, or the
Developer, to proceed either in law or in equity, against such person or
persons violating or attempting to violate any such covenants, and to enjoin
them from so doing, to recover damages for such violation and to seek all other
appropriate relief. In the event that The Summit Homeowners Association, Inc.,
or the Developer should employ counsel to enforce any of the foregoing
covenants and restrictions, all costs incurred in such enforcement, including
reasonable attorneys’ fees, shall be paid by the owner of such lot or lots
against whom such enforcement action is brought, and The Summit Homeowners
Association, Inc., or the Developer as the case may be, shall have a lien upon
such lot or lots to secure such lot owner’s payment of all such costs, which
lien may be enforced in the same manner as is provided in Paragraph 24 of these
Restrictions.
33. EFFECTIVE DATE. These Restrictions and Covenants shall be
deemed to be attached to and shall be considered a part of the Plat of The
Summit, Section One, and shall become effective upon their recording in the
Office of the Recorder of Elkhart County, Indiana.
SEGRA
PROPERTIES, LLC