MAINTENANCE AGREEMENT AND RESTRICTIONS

Rosemarie Franco-Bell and Randall W. Mann, dba Great Lakes Land

Company of PO Box 39, Kalkaska, MI 49646, owner(s) and/or developer(s)

of: THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWN 26

NORTH, RANGE 8 WEST AND ALSO THE NORTH 1/2 OF THE NORTHEAST

1/4 OF SECTION 10, TOWN 26 NORTH, RANGE 8 WEST. BOARDMAN

TOWNSHIP, KALKASKA COUNTY, MICHIGAN.

We hereby establish this agreement for the improvement, maintenance, use and to set forth restrictions for the parcels and easements located within the above description. Parcel and easement identification is established by survey and said surveys are attached.

MAINTENANCE INTENT

It is the intent of this maintenance agreement to provide an effective yet convenient mechanism for the above description owners, to maintain Bald Eagles View Road, Crofton Ridge Road and Crofton Road from Crofton Ridge Road to U8-131, reasonably safe condition suitable for safe efficient travel by the parcel owners, their invites, governmental agencies and public/private utilities. It is the intent of this agreement to maintain in a reasonably suitable condition for travel, yet not to maintain the roads at that level of care or condition that would be required by the county road commission standards for public roads. To that end the undersigned agree that the roads should from time to time be graded, have gravel base maintained, maintain the crown and drainage form said road and that accumulation of snow and other hazards should be removed form time to time as needed. This agreement shall be in addition to any and all governmental restrictions that may be now or hereafter applicable to the maintenance and repair of said roads. Also to maintain the "View Easement" free of visual encumbrances, by the cutting and removing of trees to maintain a countryside view.

COST

The cost of improving, maintaining and repairing roads/easements such as, by way of illustration and not necessarily by way of limitation, the construction, improvement, snow plowing, surfacing and re-surfacing, brining and/or chloriding, grading and other like of similar improvements, maintenance or repairs shall be shared by all owners, their successors and assigns in the percentage/usage chart incorporated hereto. PERCENT CHART :SNOW PLOWING: Bald Eagles View Road, Crofton Ridge Road, Crofton Road from US-131 to Crofton Ridge Road. Parcels 1, 2, 3, 4, 5, 6, 7, 10, 11,12, each to be liable for 7.5 % of the snow removal bill. Parcels 8, 9, A, B, C, D, E, F, G, H and I, to be liable for 2.5 % of the snow removal bill.

GENERAL MAINTENANCE

1) Crofton Road running southwest of Crofton Road to the Parcel G and I drive ways is the responsibility the owners of Parcels E,F, G, H, and I. Changes to be based upon a simple majority vote of said owners.

2) Crofton Ridge Road and Bald Eagles View Road is the responsibility of the owners of Parcels 1, 2, 3, 4, 5, 6, 7, 11and 12. Changes to be based upon a simple majority vote of said owners.

3) Crofton Trail South Easement J, is the responsibility of the owners of Parcels A, B, C, and D. Changes to be based upon a simple majority vote of said owners.

4) Crofton Trail North is the responsibility of the owners of Parcel 8 and 9. Changes to be agreed upon by said owner.

5) Crofton Road running from Crofton Ridge Road to US-131 is the responsibility of ALL OWNERS, until such time that the county road commission maintains said road. Changes to be based upon a simple majority vote of all owners.

6) View easement maintenance is the responsibility of the owners of Parcels E, 1, 2, 3, 4, 5, and 6. Changes based upon a simple majority vote of said owners.

DETERMINING MAINTENANCE NEEDS

When repairs or maintenance appear to be necessary (other then snow removal and simple yearly cleanup), a simple majority of the owners within dedicated parcels (see percent chart) is needed to authorize the work and said owners will be financial obligated. Owners will be notified by mail and have 15 days to respond in writing of their vote. If they do not respond within 15 days of the postmarked mailing, then they shall be deemed to have waived their vote for that proceeding. The persons undertaking such construction, maintenance of repair shall contract for and initially pay all reasonable cost associated with them. The person(s) incurring such expenses shall bill, or require prepayment form, the other owner(s) for their share. If any owner(s) shall fail to pay any statement tendered by another owner(s) to him, or to his successors and assigns, within 10 days after receipt thereof, the amount of such statement, together with interest thereon at the maximum legal rate, plus attorney fees necessary for collection, shall automatically become a lien upon the parcel of the owner billed. The owner incurring the expense may, at his option, pursue any legal remedy he may deem necessary to collect the unpaid bill, including foreclosure of the lien.

OWNER LIABILITY

Each owner shall be responsible to promptly repair any damage caused to the easements of whatever kind or nature by an owner, his guests, his invites and by any contractor, tradesman orutilities supplier entering the subject lands at that owners request. If such owner fails to make such repairs, to the reasonable satisfaction of the remaining owners, the other owners may do so and charge the cost of such repairs to such owner. If unpaid, such charges shall be a lien against the property owned by the owner who is responsible for the damages.

STANDARD YEARLY DUES

A Administrator shall prepare an estimated road snow removal and simple yearly cleanup budget, for the year and send it to the parcel owners along with their yearly dues bill. Owners must provide said administrator with any address or ownership changes. Dues will be billed in the first 1/4 of each year for that year. Payment will be due at the time of billing. The Administrator shell collect said dues and deposit this money in a separate account to be opened in a bank of his choice. Said account to be open for review by any parcel owner upon request. If the dues bill is not paid by September of the billed year a$25.00 delinquent fee will be added. If said bill is not paid by November of the billed year a $100.00 fee will be added and in the following year a Lien will be placed on the owners parcel. The Administrator shall cause the road to be maintained in accordance with the budget amount. The owners, by a percentage majority vote, may at any time change the Administrator, said vote may be taken by mail, in writing or in a meeting assembled for such purpose.

RESTRICTIONS

A) Camping will be allowed

B) No mobile homes are permitted on any of the parcels. Modular homes are permitted on Parcel A, B, C, D, F, H, G, and I only.

C) No timbering of property, other then for building sites, c zones, over population, or dead/diseased trees

D) No commercial agriculture or domesticated animals for profit No commercial enterprises shall be conducted form a residence, where it creates additional traffic, noise, storage needs, equipment, etc., is allowed.

E) Dogs must be restrained or kept in pens unless accompanied/observed by its owner.

F) No storage of junk, household items, trash, abandoned vehicles, etc., unless in an enclosed structure.

G) No noxious or offensive odors or excessive offensive or objectionable noise, will be permitted.

H) Properties can not be split

I) One family dwelling allowed per parcel.

MISCELLANEOUS PROVISIONS:

A) No heavy equipment will be permitted on or across easements during the time that the Kalkaska County Michigan "frost laws” are in effect. The type and weight of the equipment not permitted and the "frost laws" beginning and ending dates will be according to the established county guidelines.

B) All owners shall be members of an unincorporated association to accomplish the purposes intended in this agreement. Nothing herein shall prevent the incorporation of a non-profit corporation to assume the rights and obligations of the association, in the event that circumstances warrant it.

C) At any time, the owners may establish a road/restriction committee to deal with future issues as they may occur. If any action is to be taken that affects the easements, such as, but not limited to paving, attachments of secondary roads, culverts, etc., then the procedure for voting herein established should be followed. All private driveways connecting to easements/roadways shall be installed and maintained at the sole expense of the owner whose property is serviced by that driveway, without any obligation to contribute or defray those costs by any other owners.

D) An absent owner may vote upon matters to be decided by the giving of a written proxy to another person or by the giving of a clearly and unambiguously written statement of the owners position on those matters that have been previously scheduled for a vote. The Vendee(s) under a land contract for the sale of any parcel or parcels may be given the proxy of the fee owner, if their contract so provided. Such a vendee(s) shall be and become full voting participants and responsible parties under this agreement.

AMENDMENTS

The rights and responsibilities set forth in this agreement /restrictions shall be perpetual and shall run with the land. They shall be binding upon the parties hereto, their heirs, successors and assigns.  The provisions of this agreement may be amended or terminated but only with the consent of a 75% of an owners vote.