Weiden Lake/Deed Restrictions and Protective Covenants

It is understood and agreed that the grantee herein, his, her, or their heirs and assigns shall pay the Weiden Lake Property Owners Association, Inc., its Successors and Assigns, the annual charge of $125.00 for the use, maintenance and enjoyment of and recreational areas and facilities owned and provided by the Weiden Lake Property Owners Association, Inc. Said charge is payable forthwith either annually or monthly as determined solely by the Weiden Lake Property Owners Association, Inc. Said charge may be increased or decreased by the Weiden Lake Property Owners Association, Inc. Such use of recreational areas and facilities are subject to the reasonable rules and regulations of the Weiden Lake Property Owners Association, Inc., its Successors and Assigns. The charge for such use shall constitute a debt which may be collected in any Court in competent jurisdiction and upon the conveyance on any of the land described therein the successive owner or owners shall from the time of acquiring title, be deemed to have covenanted and agreed to pay the Weiden Lake Property Owners Association, Inc., its Successors and Assigns all charges past or future as provided in this paragraph. This charge shall become a lien on the land and shall continue to be such lien until fully paid; provided, however, that such lien shall be subordinated to a first mortgage to the lot owner.

The premises conveyed shall be used for single family homes, of not less than 1,000 square feet of living space; agricultural and/or recreational use only. One dwelling per parcel except lot #20 which has two existing dwellings. All uses to be in compliance with the Town of Tusten local laws in effect.

Grantees agree to keep their lot in good sanitary condition and shall not use it as a dumping ground for trash and rubbish. The outside placement or storage of unregistered vehicles is prohibited.

Camping trailers, tents, or other recreational or temporary living quarters will be allowed, with a permit from the town code enforcement officer, for the purpose of camping for temporary periods, not to exceed 14 days, within any 60 day period and must have full self contained sanitary facilities or sanitary facilities connected to an approved septic system. All camping trailers, tents, or other recreational or temporary living quarters allowed under this section must be removed from the premises at the end of the 14 day period, except that legally registered recreational vehicles may be stored upon premises if a permanent dwelling exists on the lot.

Individual owners are responsible for obtaining the necessary state and local permits, if required, for building driveways, wells, septics, docks, and clearing or excavating in or around any wetlands, the lake, streams or rivers.

All driveway crossings and culvert sizes to be approved by the Town or County Road Supervisor.

There will be no change allowed to the existing drainage patterns of ditches and culverts without approval from the Town or County Road Supervisor.

Grantor retains the right to convey right of ways along road frontage for utility easements.

No internal combustion engine powered water craft, shall be operated, maintained or launched on Weiden Lake. Electric powered boats will be allowed.

Nothing shall be altered in, constructed on, or removed from the common areas except by written consent of the Weiden Lake Property Owners Association.

Lake front parcels — Along the lake frontage of all lots fronting on Weiden Lake, there is a 100’ wide green belt where no live trees over 6" in diameter may be cut or removed. It is the intention to convey to the grantee all lands to the high water mark of Weiden Lake.

There is a Green Belt area along all protected streams extending 50 feet each side from the top of the bank, where no excavating, building or removal of live trees over 6" in diameter will be allowed without the approval of D.E.C. You may have no more than one stream crossing per lot providing that a D.E.C. Protection of Waters permit is obtained for the crossing.

No commercial fishing enterprise or fee based boat launching facilities or any other commercial uses will be allowed on the premises.

All dock installations must be approved by the Weiden Lake Property Owners Association. Such approval not to be unreasonably withheld. In no case shall more than one dock be permitted on each parcel.

For as long as any portion of the property described in this deed is subject to regulation under Article 24 (the Freshwater Wetlands Act) of the Environmental Conservation Law of the State of New York (ECL), there shall be no construction, grading, filling, excavating, clearing or other regulated activity as defined by Article 24 of the Environmental Conservation Law on this property within the freshwater wetland area or 100 foot adjacent area as shown on the Final Subdivision Plot at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 24. This restriction shall bind the Grantee’s, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.

The protective covenants are to run with the land and shall be binding on Sumner of New York, Inc. and all persons claiming under it. The invalidation of any one of the Protective Covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. The Protective Covenants may be enforced by Sumner of New York, Inc., Weiden Lake Property Owners Association, Town of Tusten, or the owner of any parcel within the subdivision. If Sumner of New York, Inc. or Weiden Lake Property Owners Association brings an action to enforce any of these Protective Covenants, the violator must pay all costs and expense of such action, including reasonable attorney’s fees.