DECLARATION OF PROTECTIVE COVENANTS

OF

CORBETT CREEK FALLS SUBDIVISION

THIS DECLARATION OF PROTECTIVE COVENANTS, made and published

this the 6th day of November , 2006 by G. CLIFF JOHNSON III and J. WALTER COX, CROSSROAD CONSTRUCTION COMPANY, LLC (hereinafter collectively referred to as“Declarant”)

WITNESSETH

WHEREAS, Declarant is the owner of the following described property, (the“Subdivision”), to wit:

SEE ATTACHMENT “A” ATTACHED HERETO AND MADE A PART HEREOF.

WHEREAS, it is to the interest, benefit and advantage of the Declarantand to each and everyperson who shall hereafter purchase any lot in said Subdivision that certain Protective Covenants governing and regulating the use and occupancy of the same be established, set forth and declared to be covenants running with the land.

NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by the Declarant and each and each and every subsequent owner of any of the lots in said Subdivision, the Declarant does set up, establish and declare the following Protective Covenants to apply to all of said lots hereinabove described and to all persons owning said lots hereinabove described hereafter. These Protective Covenants shall become effective immediately and run with the land and shall be binding on all persons claiming under and through the Declarant, until the date of termination specified in Paragraph 27 hereof, at which time said Covenants may be extended or terminated as a whole or in part hereinafter provided, to-wit:

1.

LAND USE AND BUILDING TYPE No lot shall be used except for residential purposes. No residential structure shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family dwelling, not to exceed one (1) story in height. Any deviation from this must be submitted to the Architectural Control Committee for approval.

2.

ARCHITECURAL CONTROL No building shall be erected, placed, altered or permitted to remain on any lot until the plans, to include constructions plans and specifications and the location of the structure on the lot have been approved by the Architectural Control Committee ( hereinafter named ) as to quality of workmanship and materials, harmony of external design with existing structures and location with respect to topography, finish grade elevation and adjacent buildings.

• All exterior finishes must be a minimum 80% brick, balance of exterior must be hardy plank, stone, or synthetic stone. Any other exterior finish materials must be approved by the Architectural Control Committee.

• All roofs must be a minimum 8/12 pitch with architectural shingles.

• All chimneys must have a chase

• No fence or wall shall be erected, placed, altered or permitted to remain on any lot unless approved by the Architectural Control Committee. Only properly maintained wood privacy fencing or coated vinyl chain link fencing will be permitted. No galvanized chain link fencing will be allowed. No fences will be allowed in front yard of dwelling.

• No out building or storage building shall be erected, placed, altered or permitted to remain on any lot unless approved by the Architectural Control Committee. Such buildings must be in harmony with the external design of existing structures. Electrical service to any such outbuilding must be underground.

• Every dwelling must have a minimum two (2) car garage that does not face the street. No carports will be allowed on any dwelling.

For those covenants requiring Architectural Control Committee approval, such approval shall be provided as provided for in paragraph 26 hereinafter.

3.

DWELLING SIZE The minimum heated and cooled area of the main structure shall not be less than 1800 square feet exclusive of porches and garages.

4.

BUILDING LOCATION No building shall be located on any lot nearer to the street fronting the property than the minimum building setback line of fifty feet (50’). For side streets, no building shall be located nearer than twenty feet (20’) from the side street. No dwelling shall be located nearer than forty feet (40’) of the rear lot line. No building shall be located on any lot nearer than twenty feet (20’) to any other lot. For the purpose of this covenant, eaves, steps and open porches shall not be considered as part of a building, provided however, that this shall not be construed to permit any portion of a building to encroach upon another lot.

5.

SUBDIVISION OF LOTS None of the lots shall at any time be divided into as many as two (2) building sites without the approval of the Architectural Control Committee. A single lot together with contiguous portion of one or more lots in the same block may be used for one building site. No lots, or any portion thereof, may be used for the purpose of providing access to other property unless use is approved in writing by Declarant.

6.

EASEMENTS Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Drainage flow shall not at anytime be obstructed nor diverted from drainage easements on the aforesaid recorded plat of survey.

7.

NUISANCES No noxious or offensive activity shall be carried on upon any lot, or shall anything be done thereon which may be, or may become an annoyance to the neighborhood.

8.

TEMPORARY STRUCTURES No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently, unless approved in writing by the Architectural Control Committee.

9.

SIGNS No sign shall be displayed to the public view on any lot except the professional sign of a licensed real estate sales broker or agency advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. All such signs shall not exceed six (6) square feet in size. No signs may be placed at the entrance to the subdivision or in any other areas.

10.

VEHICLE STORAGE No motor homes, camper-trailers, boats or boat trailers shall be placed closer than twenty (20’) feet from any property line.

11.

TRUCK PARKING May be on lot, but can not be parked on street or in front yard of house, no semi trailers allowed.

12.

HEADWALLS AND DRIVEWAYS All driveways must be a minimum of twelve feet (12’) in width. Driveways shall be asphalt with a minimum thickness of two (2) inches. The base / subgrade must be a minimum of six (6) inches compacted GAB or eight (8) inches compacted clay, sand and stone fill material Driveway culvert must be thirty feet (30’) in length. All culverts shall have headwalls of natural or synthetic stone. Driveway surface shall include an asphalt apron to the mailbox. See Appendix A for driveway construction standards.

13.

MAILBOXES All mailboxes shall be constructed of natural or synthetic stone to match adjacent headwalls. Any and all replacement mailboxes must comply with these requirements.

14.

CONDITION OF LOTS All lots shall be maintained so that no weeds, underbrush, refuse piles or unsightly growths or objects shall be permitted to grow or remain upon the premises. Under no circumstances shall any inoperable motor vehicle be allowed to remain on the premises more than twenty-four (24) hours. The express purpose of this provision is to prevent the storage or parking of junked automobiles or trucks or other motor vehicles on premises. In the event that any owner of any property in the Subdivision shall fail or refuse to keep such premises free from weeds, underbrush, refuse piles or other unsightly growths or objects, such as junked motor vehicles, or otherwise fail or refuse to keep such lot adequately maintained, mowed and cleared, then the Declarant of the Architectural Control Committee may enter upon said lot and maintain the same at the expense of the lot owner. Such entry shall not be deemed a trespass and in the event of such removal a lien shall arise and be created in favor of the Declarant, Architectural Control Committee or Corbett Creek Falls Home Owners Association and against such lot for the full amount of said removal and shall be due and payable within thirty (30) days after the lot owner is billed.

15.

GAS TANKS AND LINES All tanks and lines supplying Liquid Propane Gas to property must be buried.

16.

SATELLITE DISHES Satellite dishes or other similar structures for the reception of television, radio or internet signals shall be located to the rear of the residence on the lots and shall be situated in such a manner as to not be visible from the road fronting the subject lot. There shall be no antennas or antenna towers on any lot. No satellite dish with a diameter greater than twenty-four (24) inches shall be permitted on any lot.

17.

OIL AND MINING OPERATIONS Oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall not be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

18.

LIVESTOCK , POULTRY AND PETS No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot, except dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. However, no animals shall be kept on any lot in such a manner as creates a nuisance or disturbance to the other lot owners. (Note: All dogs must be fenced or on a leash and not permitted to run at large in the Subdivision per Lee County Law.)

19.

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 incinerators and other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Every outdoor receptacle for ashes, trash, rubbish or garbage shall be installed at a location on the lot which shall be so placed, screened and kept so as not to be visible from any street within the Subdivision or adjacent to the Subdivision, at any time except when refuse collections are being made.

20.

SEWAGE DISPOSAL No on-site wastewater disposal system shall be permitted on any lot unless such system is designed, located and installed in accordance with the requirements, standards and recommendations of both the Lee County Health Department and the Alabama Department of Public Health. Approval of such system as installed shall be obtained from Lee County Health Department.

21.

LANDSCAPING The builder, contractor or owner of each residential lot shall at the completion of the residence erected on each lot, spend a minimum of Four Thousand Dollars ($4,000.00) cost for the planting of grass, plants and shrubs. Said cost is to be based on the costs prevailing at the time of the recording of these covenants. When clearing lots for construction, all hardwood trees with a diameter of twelve (12”) inches or more shall remain unless written approval for the trees removal is obtained from the Architectural Control Committee. Said restriction shall not include necessary removal of trees for home site location and/or swimming pool construction.

22.

SIGHT DISTANCE AT INTERSECTIONS No fence, wall, hedge, shrub or tree which obstructs sight lines at elevations between two (2’) feet and six (6’) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by 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 (10’) feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distance of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such site lines.

23.

STREET LIGHTING Should public street lighting ever be furnished in the Subdivision, the owner of each lot agrees to pay its proportionate share of such lighting to be reflected and charged to each lot owner’s monthly electric bill. This agreement shall be a covenant running with the land and shall be binding on each lot owner in the Subdivision.

24.

SECURITY LIGHTING Outside yard security lighting will be allowed in Subdivision, its placement must be approved by the Architectural Control Committee. All such outside yard lighting must be high pressure sodium. Power service to yard lighting must be underground.

25.

DILIGENCE The residence to be constructed on each lot in the Subdivision shall be completed in a good and workmanlike manner and shall be completed within nine (9) months after the beginning of the framing for such construction. No improvements which have been partially or totally destroyed by fire or other catastrophe shall be allowed to remain on any lot in the Subdivision for more than three (3) months after such destruction or damage.

26.

ARCHITECTURAL CONTROL COMMITTEE

A. MEMBERSHIP The Architectural Control Committee (the “Committee”) is composed of G. Cliff Johnson III and J. Walter Cox both of Lee County Alabama. They may designate a representative to act for the Committee. In the event of the death or resignation of any member of the Committee, the remaining member of the Committee, or the remaining members shall have full authority to designate a successor. Neither the members of the committee or its designated representative shall be entitled to any compensation for services performed pursuant to these Covenants.

B. APPROVAL OF PLANS For the purpose of further insuring the development of the lands so platted as an area of high standards, the Architectural Control Committee hereby is vested with the power to control the buildings, structures and other improvements placed on each lot, as well as to make such exceptions to these Protective Covenants as the Committee shall deem necessary and proper. The Committee shall be vested with the authority, and same is hereby reserved to Committee, to grant variances and exceptions to these Protective Covenants as the committee deems necessary and proper to the ordered development of the Subdivision. Whether or not provisions therefore are specifically stated in any conveyance of a lot made by the Declarant, the owner or occupant of each and every lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building, fence, wall or other structure shall be placed upon such lot unless and until the plans and specifications therefore and plot plan have been approved in writing by the Committee. Each such building, fence, wall or other structure shall be placed on the premises only in accordance with the plans and specifications and plot plans so approved. Refusal of approval of plans and specifications by the Committee may be based on any ground, including purely aesthetic grounds which, in the sole and uncontrolled discretion of the Committee, shall be sufficient. No alteration in the exterior appearance of the buildings or structures shall be made without written approval.

C. VARIANCES The restrictions set out on these Covenants may be altered, varied, or

waived on an individual lot basis upon compliance with the following regulations and procedures to-wit:

(1) Any owner of any lot in the Subdivision desirous of securing a waiver or variance of a Covenant shall request the same in writing and shall deliver said petition to any member of the Architectural Control Committee herein above named.

(2) If the Architectural Control Committee in the exercise of its sole discretion approves of said variance, it shall notify the petitioner of the same in writing.

(3) The written approval of any requested variance by the Architectural Control Committee shall constitute absolute waiver of and shall otherwise void the Covenant contained in the petition relative to the subject lot.

(4) The waiver of the Covenant contained in the petition shall not constitute a waiver of said Covenant as to any other lot.

(5) Unless the written approval as outlined herein is secured, the Covenant contained herein shall be binding and of full force and effect. Provided, further that if the Architectural Control Committee fails to notify the petitioning land owner of its approval within ten (10) days of its receipt of the request, said request shall be deemed to have been denied.

D. SUBMISSION OF APPLICATION All requests for approval by the Architectural Control Committee shall be submitted in writing and mailed to the Committee by registered or certified mail at the following address:

J. Walter Cox

8500 Lee Road 179

Salem, Alabama 36874

27.

COVENANTS FOR ACCESSMENTS An annual assessment of not more than One Hundred Twenty Dollars ($120.00) will be accessed to each homeowner after Declarant becomes a minority owner of the lots in the Subdivision. This assessment will be paid to the Corbett Creek Falls Home Owners Association. These funds will be used to cover the cost of electricity, water, maintenance and repairs to the entrance waterfall, maintaining the entrance landscaping and the Subdivision sign. This assessment amount may be adjusted in the future if necessary by a majority vote of the Corbett Creek Falls Home Owners Association.

28.

TERM These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these Covenants are recorded, after which time said Covenants shall be automatically extended for successive periods of five (5) years, unless an instrument of the Home Owners Association, signed by a majority of its members, has been recorded, agreeing to change said Covenants, in whole or in part.

29.

REMEDIES FOR VIOLATIONS For a violation or breach of any of these Protective Covenants by any person claiming by, through or under the Declarant, or by virtue of any judicial proceedings, the Declarant, the Corbett Creek Home Owners Association, the lot owners, or any of them severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of them. If such action is necessary for the enforcement, the party in violation shall be responsible for all costs, including reasonable attorney fees, incurred in the enforcement of the Covenants. Such costs shall constitute a lien on the affected property as described in paragraph fourteen (14). The failure to promptly enforce any one or more of these Covenants shall not bar their enforcement at a later date.

30.

SEVERABILITY Invalidation of any one of these 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.

IN WITNESS WHEREOF, said Declarant has caused these covenants to be executed on the day and year first above written.

Signed_____________________________________ Date___________________

J. Walter Cox

Signed_____________________________________ Date___________________

G. Cliff Johnson III