Restrictions for Greenridge IV

DECLARATION OF RESTRICTIONS

KNOW ALL MEN BY THESE PRESENTS:

      That ARIZONA AND TITLE & TRUST CO., an Arizona Corporation, as Trustee, being the owner of all of the following described premises, situate within the County of Maricopa. State of Arizona to-wit:

LOTS ONE HUNDRED TWENTY-EIGHT THROUGH ONE HUNDRED AND SIXTY-ONE OF

"GREENRIDGE IV"

according to the Plat of Record in Book 134 of Maps, Page 6, Records of Maricopa County. Arizona, hereby declares the following restrictions shall apply to the said lots in GREENRIDGE IV and to the owners and occupants of said lots and to the use and enjoyment thereof and that all conveyances of said lots here after made shall be subject to the said restrictions.

1.All of the said lots in said GREENRIDGE IV shall be known and described as residential lots and none of said lots or any part thereof shall be used for business purposes.

2. That no part of any dwelling shall be used for living purposes until the entire structure is nearing completion nor shall any structure of a temporary nature be used as a dwelling on any lot in GREENRIDGE IV nor shall any trailer tent, shack, garage, barn or any other structure be used as a residence either temporarily or permanently, nor shall any such structure or dwelling be moved onto said lots in GREENRIDGE IV from outside the subdivision. All dwellings shall be construed to 'mean single- family dwellings and only one such dwelling shall be allowed on each lot.

3. That no dwelling shall be erected, permitted or maintained on any lot in GREENRIDGE IV that shall have a ground floor area of less than 1,000 square feet exclusive of open porches pergolas or attached garage.

4. That no walls of any building erected on lots in said subdivision shall be built closer than 20 feet to the front property lines, nor nearer than 10 feet to any side street line of the lot on which it is built, nor shall the walls of any building be placed closer than 5 feet to the side line of the lot on which it is built (except attached carports or garages); provided, however, that this side line restriction shall not prevent the construction of the walls of any building or garage on the side lot line of any lot when such outbuilding or garage is located more than 75 feet from the front property line of the lot, PROVIDED FURTHER that this restriction shall not prevent any person  who owns adjoining lots or adjacent portions of adjoining lots from constructing a dwelling closer than 5 feet to the lot line common to the lots or portions thereof under such common ownership, but in such a case such lots or portions thereof under a common ownership shall be treated as a whole lot and the restrictions set forth herein shall apply thereto.

5. That no livestock or poultry shall be kept on any of said lots and no hospital, sanitarium, hotel, duplex or apartment house or any kind or nature shall be constructed, permitted or maintained on any of said lots, nor shall any building or any of said lots be used or occupied for the care, lodging or entertainment for hire of persons suffering from disease.

6. That no billboards or other unsightly object shall be erected, placed or permitted to remain on any residential lot, and no noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything" be done thereon which may be or become an annoyance to the neighborhood.

7. No solid wall or fence over 3-1/2 feet high shall be constructed or maintained nearer to the front street line of any of said lots than the front wall of the building erected on such lot, and in case of a lot on which no residence has been constructed no solid wall or other fence over 3-1/2 feet high, shall be constructed or maintained closer than 20 feet to the front lot line of any lot. No side or rear fence and no side or rear wall, other than the walls of the building constructed on any said lots, shall be more than six (6) feet in height. No hedge more than 3-1/2 feet in height shall be permitted closer than 20 feet to the front lot line of any lot.

8. No structure shall be commenced or erected on any of said lots until the design and location of such structure and the kind of material to be used in such structure have been approved by the Dell Trailor Construction Company, an Arizona Corporation, their successors or assigns, who shall act until 75% of the lots have been sold by the Trustee and then by a committee elected by a majority of the then owners of said lots in GREENIRIDGE III. Prior to the sale of 75% of said lots, and in the event of the death, resignation or incapacity of any member of the committee to act, the remaining member of such committee shall have full power to appoint a new member to the committee to act in lieu of such deceased, resigned or incapacitated member. The members of such committee may pass upon such design, location and kind of materials. In the event there is no committee in existence under either manner of appointment or election or in the event such committee fails to approve or disapprove such design and location, or the kind of materials to be used in such structure, within thirty days after written request so to do, such request to be filed with the committee, then such approval of the committee will not be required; provided the design, location and the kind of materials and the buildings to be built on said lots shall be governed by all of the restrictions herein set forth and said buildings shall be in harmony with existing buildings and structures in the immediate vicinity in said subdivision.

The foregoing restrictions and covenants run with the land and shall be binding on all persons owning any of said lots in "GREENRIDGE IV" until December 1, 1999 It which time said covenants shall be automatically extended for successive periods of ten years each, unless, by vote of majority of the then owners of said lots in GREENRIDGE IV, it is agreed to change the said covenants in whole or in part.

If any person shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any person or persons owning any other lots in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent him or them from so doing or to recover damages or other dues for such violation; provided, however, that a violation of these restrictive covenants, or any one or more of them, shall not affect the 1ien of any mortgage now of record, or which hereafter may be placed of record upon said lots or any part thereof. Should any of the restrictions herein contained be held invalid, or void, the rest of the restrictions shall be in no way affected thereby.