17924 Pond Bridge Disclosures

This document has legal consequences. If you do not understand it, consult your attorney. The text of this form may not be altered in any manner without witten acknowledgement of all parties.

Form # 2091 01/20

Approved by Counsel for

To be used exclusively by REALTORS

SELLER'S DISCLOSURE STATEMENT

To be completed by SELLER concerning 17924 Pond Bridge Rd, Wildvood, MO 63005 in the municipality of Wildwood (ifincorporated),Countyof St. Louis (Property Address) located Missouri. Note: If Seller knows or suspects some condition which might lower the value of the property being sold or adversely affect Buyer's decision to buy the property, then Seller needs to disclose it. This statement will assist Buyer in evaluating the property being considered. Real estate brokers and agents involved in the sale do not inspect the property for defects, and they cannot guarantee the accuracy of the information in this form.

TO SELLER: Your truthful disclosure of the condition of your property gives you the best protection against future charges that you violated your legal obligation to Buyer by concealing a material defect(s), lead-based paint, use as a site for methamphetamine production or storage and/or any other disclosure required by law. Your knowledge of the property prior to your ownership may be relevant. In the case of a material defect, for example, if informnation that you possess indicates some persistent pattern of a problem not completely remedied, such information should be included in this disclosure in order to

achieve full and honest disclosure. Your answers or the answers you fail to provide, either way, may have legal consequences, even after the closing of the sale. This questionnaire should help you meet your disclosure obligation, but it may not cover all aspects of your property. If you know of or suspectsome condition which would substantially lower the value of the property,

impair the health or safety of future occupants, or otherwise affect Buyer's decision to buy your property, then ase the space at the end of this form to describe that condition.

TO BUYER: THIS INFORMATION IS A DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY CONTRACT BETWEEN BUYER AND SELLER. If you sign a contract to purchase the property, that contract, and not this disclosure statement, will provide for what is to be included in the sale. So, if you expect certain items, appliances, or equípment included, you must specify them in the contract. Since these disclosures are based on the Seller's knowledge, you cannot be sure that there are, in fact, no problems with the property simply because the Seller is not aware of them. The answers given by the Seller are not warranties of the condition of the property. Thus, you should condition your offer on a professional inspection of the property. You may also wish to obtain a home protection plan/warranty. Due to the variety of insurance, requirements,

products, and arrangements Buyer should contact appropriate party to determine insurance coverage needed. Conditions of the property that you can see on a reasonable inspection should either be taken into account in the purchase price or you should make the correction of these conditions by the Seller a requirement of the sale contract.

SUBDIVISION, CONDOMINIUM, VILLA, CO-OP OR OTHER SHARED COST DEVELOPMENT (if applicable)

(a) (b) Pone Dudqe Development Name Contact Uice Sn and Phone3

Type of Property: (check all that apply) Single-Family Residence

O Villa D Co-Op

MandatoryAssessment:#1 35O

Mandatory Assessment: #2

Mandatory Assessment(s) include:

Eentrance sign/structure Xstreet maintenance Multi-Family O Condominium Townhome S3SO per:

O snow removal specific to this dwelling (Xcommon ground Klandscapingofcommonarea reception facility Dwater O clubhouse D doorman D pool M cooling O tennis court exercise area heating O security

D assigned parking space(s): how many

D snow removal of common area O landscaping specific to this dwelling O trash removal sewer O real estate taxes other common facility O some insurance D elevator identified as

O other specific item(s): O Exterior Maintenance of this dwelling covered by Assessment: Optional Assessment(s)/Membership(s) Please explain

Are you aware of any existing or proposed specialassessments? OYes No

(3) Are you aware of any special taxes and/or district improvementassessments? O Yes SNo

(h) Are you aware of any condition or claim which may cause an increase in assessmentor fees? Yes No Yes No

(i) Are you aware of any material defects in any common or other shared elements? Are youaware ofanyexistingindentures/restrictivecovenants? (Yes I No ()

(k) Are you aware of any violation of theindentures/restrictionşby yourself or by others? Yes No

(1) Is there a recorded street/road maintenance agreement? Yes O No

(m) Please explain any "Yes" answer you gave for (e), (), (g), (h), (1), () or (k) above: (5) 4 HoRSESALLOWEP(ATTACHED

Current Provider

ifPropane, is tank Owned OLeascd

HEATING, COOLING AND VENTILATING (Seller is not agreeing that all items checked are being offered for sale.)

(a) Heating Equipment: Forced Air D Hot Water Radiators Steam Radiators Radiant Baseboard

(b) Sourceofheating: Electric O NaturalGas I PropaneO Fuel Oil 0 Oher

(c) Type of air conditíoning: ACentral Electric Central Gas

(d) Areas of house notservedby centralheating/cooling: Caase Window/Wall (Number of window units

(e) Additional: Humidifier D Electronic Air Filter O Media Filtếr IAttic Fan JOther:

() Are you aware of any problems or repairs nceded with any item in this section? Yes No If"Yes", please explain

(g) Other details:

FIREPLACE(S)

(a) Type of fireplace: Wood Buming IVented Gas Logs iVent Free Gas Logs OWood Burning Stove ONatural Gas JPropane

(b) Type offlues/venting: XPunctional: (properlyvented for woodbumingandventedgaslogs)Number offireplace(s) Location(s) 6reat Room Please explain

(c)

ONon-Functional: Number offireplace(s) Location(s)

Are you aware of any problems or repairsneeded with any item in this section? O Yes No If"Yes", please explain

EREPACE IN LR As 1s"

PLUMBING SYSTEM, FIXTURES AND EQUIPMENT; POOL/SPA/POND/LAKE/HOT TUB

(a) Water Heater: Electric [JNatural Gas IPropane (Tankless JOther: (b) lcemakersupplyline: t Yes INO Jet Tub: J Yes UNo (c)

() SwimmingPool/Spa/HotTub: Yes No

(e) () (If Yes, attach Form #2180, Poo/Spa/Pond/Lake Addendum to Seller's Disclosure Statement) Lawn SprinklerSystem: Yes I No Ifyes, dateof lastbackflowdeviceinspectioncertificate: Are you awareof any problems orrepairsnecdedin theplumbingsystem? IYes No If"Yes', pleaseexplain

WATER (If well exists, attach Form #2165, Septic/Well Addendum to Seller's Disclosure Statement)

(a) What is thesourceof your drinkingwater? I Public 1 Community (Well OOther(explain)_

(b) IfPublic, identify the utility company: (c) Do you have a softener, filter or other purification system? XYes INo XOwned OLeased/LeaseInformation

(d) Are you aware of any problems relating to the water system including the quality or source of water or any components such as the curb stop box? UYes No If"Ycs, plcaseexplain

SEWERAGE (If Septic or Aerator exists, attach Form #2165, SepticWell Addendum to Seller's Disclosure Statement)

(a)

(b)

(c)

(d) What is the type ofseweragesystemto which thehouseisconnected?J Public Private Septic Aerator I Other If"Other" pleaseexplain, Isthereasewerageliftsystem?1 Yes No If "Yes", is it ingoodworkingcondition? Yes I No When was the septicaerator system last scrviccd?

Are you aware of any leaks,backups,open drain lines or other problems relating to theseweragesystem? Yes No If"Yes", please explain

APPLIANCES (Seller is not agreeing that all items checked are being offered for sale.),

(a) ElectricalAppliancesandEquipment: Electric Stove/Range/Cooktop Oven Built-in Microwave Oven

Dishwasher Garbage Disposal O Trash Compactor Wired smoke alarms ,Electric dryer(hookup)

Ceiling Fan(s) Intercom System CentralVacuum System

DOther

(b)

(c)

GasAppliances&Equipment:I NaturalGas IPropane

DOven 1 GasStove/Range/Cooktop I ExteriorLights IBarbecueI Waterheater l TanklessWaterHcater

DGas dryer (hook up) 0Other

OtherEquipment: TV Antenna

Electric GarageDoorOpener(s)

ASecurity Alarm System Owned

BUYERBUYER BUYER

Cable Wiring Phone Wiring Nework/Data Wiring Number of contróls 3 Leased /ease information:

Initials BUYER and SELLER acknowledge they have read this page SELLER SELLER

(d)

XElectronic Pet Fénce System Number of Collars:

Are you aware of any items in this section in needof repair orreplacement? Yes INo If"Yes", please explain

ELECTRICAL

Type of service panel: OFuses xCircuit Breakers Other:

(a) Type of wiring: Copper JAluminum OKnob and Tube Unknown

(b) Are you aware of any problems or repairsnecded in the electricalsystem? OYes yo If"Yes", please explain

ROOF,

GUTTERS AND DOWNSPOUTS

(a) (6)

What is the approximateage of the roof? Ycars. Documented? JYes No Hastheroofeverleakedduringyourownership?EYes JNo If(Yes"pleaseexplain utter cdogged t DMAL et ad haphee heponel.dophablem aange Has the roof been repaired,recovered or any potion of it replaced of recovered during our ownership?)Yes UNo If "Yes", (c) (d)pleaseexplaintad hil damassantd hele Koat wasAeAlaced

Are you aware of anyproblems with the roof, gutters ordownspouts? Yes No If"Yes, pleaseexplain

CONSTRUCTION

(a) Are you aware of any problems with the footing, foundation walls, sub-floor, interior and exterior walls, roof construction, decks/porchesorotherloadbearingcomponents?Yes INo If "Yes"pleasedescribein detail_Back Wae c patto has hited oer the y s

(b) Are you aware of any repairs to any of the building elements listed in (a) above? IYes No If"Yes", please describe the location, extent, date andnamne of the person/company who did the repair or control effort

(c) (d) BARN@43) PATIO ('02) SipNs ('03) ?rer BasemENr (04)

Are you aware that any of the work in (b) above was completed without required permits? OYes ONo List all significant additions,modifications,renovations, & alterationsto theproperty during yourowmership: FENee ('97)

HireHeNRENO (07)

Were required permits obtained for the work in (d) above? OYes ONo (e)

BASEMENT AND CRAWL SPACE (Complete only if applicable)

(a) ASump pit Sump pit and pump

(b) Type offoundation: Concrete OStone DCinder Block OWood

(c) Are you aware of anydampness,water accumulation orleakage, in thebasement or crawl space? Yes ONo If Yes", please deseribeindetail Jdeul wll loalked5 ys ago ad e added a sune mt. Jo

(d)

41dig uhen DonelandsCapinausasnu*

Are You aware of any repairs or other attempts to control any water oř dampness problem in the basement or crawl space? OYes No If "Yes", please describe the location, extent, date and name of the person/company who did the repair or control effort

PESTS OR TERMITES/WOOD DESTROYING INSECTS

(a) Are you aware of any pests or termites/wood destroying insects impacting the property and improvements? Yes aNo

(b) Are you aware of any uncorected damage to the propertycaused by pests or termites'wood destroying insects? Yes No

(c) Is your property currently under a warranty contract by a licensed pest/termite control company?O Yes No

(d) Are you aware of any pest/termite control reports for the property? Yes No

(e) Are you aware of any pest/termite controltreatmentsto the property? Yes ONo

(f Pleaseexplainany"Yes"answersyougaveinthissection ule have xnstde and Qtside JpRaed

SOIL AND DRAINAGE

(a) Are you aware of any fill, expansive soil or sinkholes on the property or that may affect the property? Yes No

(b) Are you aware of any soil, earth movement, flood, drainage or grading problems on the property or that may affect the property?O Yes No

(d)

(c) e.g. retention ponds, rain gardens,sand filters, permcablepavement) O Yes No

(e)

Are you aware of ány past, present or proposed mining, strip-mining, or any other excavations on the property or that may affect theproperty?O Yes No

Are you aware of any Post-construction Stormwater Best Management Practices (BMPS) on the property? (BMPS are private stormwater management facilities which include a recorded formal Maintenançe Agreement with the Metropolitan Sewer District,

Please explain any "Yes" answers you gave in this section

HAZARDOUS SUBSTANCES/OTHERENVIRONMENTAL CONCERNS

(a) Lead: (Note: Production oflcad-based paint was banned in 1978. See Disclosure of Information and Acknowledgement Lead Based Paint and/or Lead-Bascd Paint Hazards, form #2049.)

(1) Are you aware of the presence of any lead hazards (such as paint, water supply lines, etc.) on the property? U Yes ANo

(2) Are you aware if it has everbeencovered orremoved? O Yes No

(3) Are you aware if the property has beentested for lead? I Yes XNo If "Yes",pleasegive dateperformed,type of testand test results

(4) Please explain any “Yes" answers you gave in this section

(b) Asbestos Materials

(1) Are you aware of the presence of asbestos materials on the property, such as roof shingles, siding, insulation, ceiling, flooring, pipewrap,etc.? Yes No

(2) Are you aware of any asbestos material that has beenencapsulatedor removed? O Yes No

(3) Are you aware if the property hasbeentested for theprescnceofasbestos? IYes No If "Yes", pleasegive dateperformed, type of test and test results

(4) Please explain any “Yes" answers you gave in this section

(c) Mold

(1) Are you aware of thepresence of any mold on theproperty? Yes ANo

(2)

Are you aware of anything with mold on the property that has ever beencovered or removed? Yes No

(3) Are you aware if the property has everbeentested for thepresenceofmold? Yes No If"Yes", pleasegive date performed, type of test and test results

(4) Please explain any Yes" answers you gave in this section

(d) Radon

(1) Are you aware if the property has been tested for radon gas? Yes XNo If"Yes", please give date performed, type of test and test results

(2) Are you aware if the property has everbeen mitigated for radongas? Yes No If"Yes", pleaseprovide the date andname of theperson/companywho didthemitigation

(e) Methamphetamine

Are you aware if the property is or was used as a lab, production or storage site for methamphetamine or was the residence of a person convicted of a crime related to methamphetamine or a derivative controlled substancerelated thereto? O Yes No If"Yes", Section 442.606 RSMO requires you to disclose such facts in writing, please explain

() Waste Disposal Site or Demolition Landfill (permitted or unpermitted)

Are you aware of any permitted or unpermitted solid waste disposal site or demolition landfll on the property? Yes (No If "Yes", Section 260.213 RSMO requires you to disclose the location of any such site on thc property. Please provide such information.

Note: IfSeller checks «Yes", Buyer may be assuming liability to the State for any remedial action at the property.

(g)

Radioactive or Hazardous Materials

Have you ever received a report stating affimatively that the property is or was previously contaminated with radioactive material or other hazardous material? Yes No If"Yes", Section 442.055 RSMOrequires you to disclosesuchknowledge in writing. Please provide such information, including a copy of such report, if available.

(h) Other Environmental Concerns

Are you aware of any other environmental concerns that may affect the property such as polychlorinated biphenyls (PCB's), electro-magnetic fields (EMF'S), underground fuel tanks, unused septic or storage tanks, etc.? O Yes X(No If "Yes", please explain

SURVEY AND ZONING

(a) Are you aware of any shared or common features with adjoining properties? O Yes XNo

(b) Are you aware of any rights of way, unrecordedeasements, or encroachments, which affect the property? O Yes)XNo

(c) Is any portion of the property located within the 100-year flood hazardarca (flood plain)? Yes INo

(d) Do you have a survey of the property? O YesA No (If "Yes", please attach) Does it include all existing improvements on the property?OYes No

(e) Are you aware of any violations of local, state, or federal laws/regulations, including zoning, relating to the property? Yes

() Pleaseexplainany"Yes"answersyougaveinthissection (e) Put paotw is in a cod butwater has ner

INSURANCE

Are you aware of any claims that have been filed for damagesto the property? J Yes No If"Yes", pleaseprovide the following information: date of claim, description of claim, repairs and/orreplacementscompleted

MISCELLANEOUS

(a) The approximate age of theresidence is2.2_years. The Sellerhasoccupiçdthepropertyfrom Neu '4o_to

(b) Has the property been continuously occupied during the last twelve months? Yes N If"No", pleaseexplain

(c)

Is the property located in an area that requires any compliance inspection(s) including municipality, conservation, fire district or any other requiredgovernmentalauthority?O Yes No If "Yes",pleaseexplain

(a)

(e)

Is the property located in an area that requires any specific disclosure(s) from the city or county? O Yes explain

Is the property designated as a historical home or located in a historic district? Yes] No If "Yes",pleaseexplain

(h) No If"Yes",please

Is property tax abated? O Yes No Expirationdate, Atach documentation from taxing authority. Are youaware of anypetshavingbeenkeptin or ontheproperty? Yes I No If "Yes"pleaseexplain we had horses

Is the Buyer being offered a protection plan/home warranty at closing at Seller's expense? O Yes No (If"Yes", please attach)

Are you aware of anyinoperablewindows or doors,brokenthermalscals,orcracked/brokenglass? I YesNo

Are you aware if carpet has been laid over a damaged wood floor? Yes No

Are you aware of any existing orthreatenedlegalactionaffectingtheproperty? OYes I No

(1) Please explain any "Yes" answersyou gave for (i), ), (K), or () above

Are you aware of any consent required of anyone other than the signer(s)of this form to convey title to the property? OYes No

Additional Comments:

SELLER'S ACKNOWLEDGEMENT:

Seller acknowledges that he has carefully examined this statement and that it is complete and accurate to the best of Seller's knowledge. Selleragrees te tnhediately aotfy listing broker in writing of any changes in the property condition. Sellerauthorizes all brokers and theirliechseeso furnicoopy ofthisstatementtoprospectiveBuyers.

ŚELLER SIGNATURE

Bryan Brand Seller Printed Name

Vicki Brand Seller Prínted Name

BUYER'S ACKNOWLEDGEMENT:

Buyer acknowledges having received and rcad thís Seller's Disclosure Statement. Buyer understands that the information in this Seller's Disclosure Statement is limited to information of which Seller has actual knowledge. Buyer should verify the information contained in this Seller's Disclosure Statement, and any other mportant information provided by either Seller or broker (including any information obtained through the Multiple Listing Service) by anindependent,professional investigation of his own. Buyer acknowledges that broker is not an expert at detecting or repairing physical defects in property.

BUYER SIGNATURE

Buyer Printed Name

Buyer Printed Name DATE' SELLER SIGNATURE

This document has legal consequences. If you do not understand it, consult your attormey. The text of this form may not be altered in any manner without written acknowledgement of all parties.

Form # 2165 01/20

SEPTICWELL ADDENDUM TO SELLER'S DISCLOSURE STATEMENT

PROPERTY ADDRESS: 17424 POND BRIDGE ROAD

SEPTIC (Explain any "Yes" answers):

lb3005 DATE:

Note: Potential buyers should be aware that the current owner may not use the septic system to its full capacity. If the system is being underutilized, it may falsely appear to be problem free. If the system is more heavily utilized, problems may surface that were previously not known or detectable. These problems may not be discovered by a septic inspection.

(a) How many people occupy the property?

(b) Has the property been vacant over any period during the last 12 months?

(c) Does any other property owner share this system?

(d) Is any part of your system located on a neighbor's property?

(e) Is there a well within 50 feet of the septic tank?

() Does the system have an aerator?

(g) Of what is the bottom of the tank constructed?

(h) Are any laundry, sinks, tubs and/or showers dispersing outside of the septic system?

()) Do any of the pipes flow into ditches, creeks, ravines or a lagoon?

6) Are any of the pipes exposed?

(k) Is there any seepage or surface discharge (effluence) from the septic system?

If"Yes", is there any from your system onto your neighbor's property?

() Is there any seepage or surface discharge from a neighbor's system onto your property?

(m) Have you noticed any noxious, offensive or unusual odors from the system?

(n) Have you experienced slow drainage or drain backups?

(o) Is there a current maintenance service agreement covering your system? If “Yes", what is the annual cost and who is the current provider?

(p) Does any government authority require a maintenance service agreement for the new homeowner?

(9)

(r) (s)

(t)

Have you ever been notified/cited by any governmental authority on problems related to the system?

(u) Has a service company ever recommended any work to be done to the system?

Are you aware of any defects?

Have you expanded, updated or modified the septic system?

Have you cleaned or pumped the system during your ownership of the property? If“Yes", when was it done and who did the work?

WELLS (Explain any “Yes" answers):

(a) Is any part of the well located on a neighbor's property?

(b) Is the well shared with any other properties? If "Yes", is there a recorded well agreement?

(c) (d) Are you aware of any problems relating to the quality or source of drinking water?

Have you ever been notified/cited by any governmental authority on problems related to the system?

(e) Has a service company ever recommended any work be done to the system?

() Are you aware of anydefects?

(g) Are you aware of any plans to bring public water to this property?

Explanation of any *Yes" answers and additional comments for either of the above sections:

O Yes No

O Yes No

O Yes No

O Yes No

O Yes No

D gravel D concrete unknown

O Yes No

O Yes No

O Yes No

OYes No

O Yes No

O Yes A No

OYes No

OYes No

O Yes x No

O Yes X No

O Yes No

Yes No

O'Yes No

AYes No

Yes O No

O Yes No

O Yes No

O Yes No

O Yes No

OYes No

Yes No

O Yes No

O Yes No

SELLER'S ACKNOWLEDGEMENT: Seller acknowledges that he has carefully examined this statement and that it is complete and accurate jethe best of Seller's kpewtedge. Seller agrees to immediately notify listing broker in writing of any changes in the property condition. sefer autbosz aft brekērs and their liccnsees to furnish a copy pf this statement to prospective buyers.

SELLER SÍGNATURE

Seller Printed Name

SELLER SIGNATURE

Seller Printed Name

BUYER'S ACKNOWLEDGEMENT: Buyer acknowledges having received and read this Septic/Well Addendum to Sellers Disclosure Statement. Buyer understands that the information in this Addendum is limited to information of which Seller has actual knowledge. Buyer should verify the information contained in this Septic/Well Addendum to Sellers Disclosure Statement and any other important information provided by either Seller or broker (including any information obtained through the Multiple Listing Service) by an independent, professional investigation of his own. Buyer acknowledges that broker is not an expert at detecting or repairíng physical defects in property.

BUYER SIGNATURE DATE

Buyer Printed Name

BUYER SIGNATURE DATE

Buyer Printed Name

PONDBRIDGE

ROADWAY MAINTENANCE AND RESTRICTION AGREEMENT

THIS AGREEMENT made and entered into this day of InstrumentUNEknown as Carl B. Giebel and Marilyn J. Giebel Revocable Living Trust, (hereinafter referred to as "Grantor"), and MARILYN J. GIEBEL, MICHAEL J. SHEAHAN, AND ROBERT G. AUMILLER, all of the County of St. Louis, State of Missouri, (hereinafter referred to as "Trustees").

, 1995 by and between Marilyn J. Giebel, Trustee under the Trust

WITNESSETH THAT:

WHEREAS, the Grantor is the owner of a certain tract of land, 10.32 acres in size and located in St. Louis County, Missouri, and more particularly described in Exhibit "A" attached hereto.

WHEREAS, it is the purpose and intention of this Agreement to provide for the maintenance of private roadway easements located within the property described in Exhibit "A", an ingress and egress easement recorded in Plat Book 336 Louis County Records, and any future easements to be established by the Grantor and subsequent Page + of the St. property owners and agreed to by the Trustees and,

WHEREAS, it is the purpose of the Grantor that Lots 1, 2, and 3 in said subdivision shall be used as sites for private, permanent residences only, and that said subdivision shall be and remain a first class residential subdivision and pursuant to said purpose, Grantor desires to restrict all said lots to be used consistent with the general plan of said subdivision and,

WHEREAS, Grantor contemplates the possible additional subdivision of adjoining properties and desires to have the right to extend the terms of this Agreement to such other properties and to include such properties as a part of POND BRIDGE by appropriate instrument of adoption and,

WHEREAS, all reservations, limitations, conditions, and easements herein contained, are hereafter termed "covenants" and are jointly or severally for the benefits of all persons, who may

362 purchase, hold, or own from time to time any of the several tracts covered by this instrument,

NOW THEREFORE, The parties hereto agree to and with each other, collectively and individually, for themselves, their heirs, successors, or assigns, and for and upon behalf of all persons who may hereafter derive title to or otherwise hold through the heirs, successors or assigns of any owner of a lot or parcel of land in Exhibit "A" or any future tract which may be subject to this indenture as hereafter provided:

TO WIT:

I. PROTECTIVE COVENANTS

LAND USE AND BUILDING TYPE, No lot referred to in Exhibit"A" shall be used except for permanent single family residential purposes. erected, altered, placed or permitted to remain on any lot other than 'a detáched single family dwelling not to exceed three (3) stories in height and a private garage for not more than four (4) cars. 1

No building shall be

The aforesaid measurements apply to

2. DWELLING COST, QUALITY AND SIZE, No dwelling that does not meet minimum cost, size, and quality standards established by this instrument shall be erected on any lot. Homes shall contain a minimum of Twenty- four Hundred (2,400) square feet of living quarters for ranch homes, Twenty-six Hundred (2,600) square feet of living quarters for one and one-half story homes and Three Thousand (3,000) square feet of living quarters for two-story homes. heated, finished living space and do not include garages or finished basement areas completely underground. Each home must be completed twelve (12) months after construction starts.

3. ARCHITECTURAL CONTROL. No building of any kind shall be placed or altered on any lot until the construction plans and specifications, and a plot plan showing the location of the structure have been approved by the Trustees as to the quality of construction materials, the harmony of external design with existing structures, and the location with respect to topography, setbacks, and finish grade elevations. shall conform to the Site Development Plan and Record Plat. Approval must be in writing by the Trustees. When plans, specifications, and plot plans have been approved, they must be strictly

Minimum property setbacks and buildable areas followed and adhered to in the erection of the building and structures.

4. BUILDER'S DEPOSIT. No construction is to begin on any building until the builder has made a deposit of Seven Hundred Fifty Dollars ($750.00) with the Trustees to insure removal from the site and the adjacent lots of any and all debris and the during to the subdivision improvements that occur repair of any damage construction.

5. EASEMENTS AND ROADS. Easements for installation and maintenance of utilities are reserved as shown on the recorded plat. The roads in POND BRIDGE are

private and are privately maintained. Grantor hereby establishes all roadways shown on the plat of POND BRID GE as private roads for the use and benefit of all lot owners in POND BRIDGE, their successors, heirs, and assigns. No easements for utilities or road purposes running from the private roads in POND BRIDGE to serve any property lying outside of POND BRIDGE may be granted without the permission of the Trustees.

6. FENCES. All fencing must be approved by the Trustees prior to installation. Fencing must be constructed of wood, wrought iron, or construction materials complimentary to the development, as approved by the Trustees.

7. 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 to the herein, such restrictions shall be in addition to this provision and shall in no way be considered a neighborhood. Notwithstanding the other restrictions provided limitation of this paragraph.

8. MAINTENANCE OF_ PROPERTY. Lot owners are obligated to care for their property and to keep it free from unsightly accumulations of debris and other waste matter. Failure to comply with this provision shall constitute a nuisance within the meaning of this Agreement. The Trustees are hereby empowered to clean up the waste debris. The owners of said property may be charged with reasonable expenses incurred. The Trustees or officers, agents or employees shall not be• deemed guilty or liable for any trespass in any action taken pursuant to the powers herein granted.

9. MOWING. Lot owners are responsible for insuring that grass on their lot is kept cut from the edge of the road. Grass shall not exceed a maximum height of 12". Should any lot owner fail to maintain grassed areas along the roadway, the Trustees are hereby authorized to provide for such maintenance and to bill the individual lot owner for all expenses incurred.

10. SIGNS. No sign of any kind shall be displayed to public view on any lot except one sign not more than six (6) square feet advertising the property for sale or rent. No sign other than the entry sign, street name and traffic signs are to be displayed in the road easement. This provision does not apply to Grantor's signs while property is being developed and sold.

11. ANIMALS. No animals, other than a reasonable number of household pets, may be kept by any lot owner. The Trustees shall have the right and authority to establish what is a reasonable number of pets.

12. TELEVISION AND RADIO AERIALS AND SATELLITE DISHES. Television and radio aerials shall be installed in the attic area of the residences and shall not be exposed. Satellite dish installations must be approved by the Trustees with respect to location, size, color, and construction, as well as adequacy of landscaping and screening from public view.

No vehicle other than a passenger car or a pick-up

13. VEHICLES AND TEMPORARY STRUCTURES. No vehicles, campers, trailers, or structures of temporary character including, without limitations, campers, mobile homes, trucks, trailers, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently, nor shall the same be permitted to be stored on any lot except in an area screened by adequate landscaping or walls from all visibility from roads and adjacent lots. No vehicle shall be permitted to be parked on private roads at any time, except in unusual situations such as private parties or dangerous weather conditions, without prior written permission from the Trustees. truck shall be permitted to be parked on lots in view of the public at any time. Any other vehicles must be parked in a garage. Storage of vehicles outside of garages is not permitted, including boats, motor homes, campers, trailers, etc., without the written permission of the Trustees.

The Grantor reserves to Grantor, or to any

successor developer, the right to maintain on-site sales offices, construction trailers, and construction equipment until all lots are conveyed.

14. ELECTRIC SERVICE. The electric distribution facilities, exclusive of necessary through facilities in POND BRIDGE, shall be installed by Union Electric Company. Lot owners are to pay Union Electric Company of Missouri for any non-standard facilities or construction required for the lot owners' service facilities in accordance with Union Electric Company charges filed and approved by the Missouri Public Service Commission. All individual electric services to be underground. Each lot owner is to pay Union Electric Company a fee per foot for each foot of service length, or each foot beyond the designated service connection point to a building, whichever is greater, as well as any additional charge for rock encountered when installing the service lateral to the lot owner. Electric Company the added cost of any non-standard facilities or construction required for the lot owners service facilities.

Also, the lot owner is to pay .Union

15. SEWAGE DISPOSAL. All sanitation facilities, baths, sinks, and land drains on each . lot shall be connected to a disposal system that meets the requirements of the Missouri Clean Water Commission, the Missouri Department of Natural Resources,

the Ordinances of St. Louis County, and the subdivision Trustees. Sewage disposal must be by an approved single- family aerobic or anaerobic system as approved by St. Louis County.

16. ROADS. The Roads in POND BRIDGE are private and are to be privately Grantor hereby establishes the maintained by the lot owners through the Trustees. fifty (50) foot road easement as shown on the Record Plat as a private roadway for the use and benefit of all lot owners in POND BRIDGE, their successors and assigns. The Trustees shall have the power to maintain, repair clean, and remove snow from the roadway and the road easement, and to regulate it's use. Trustees shall have the power to control all grading, landscaping, and storm water drainage within in the fifty (50) foot road easement and any other recorded drainage easements.

II. DESIGNATION AND SELECTION OF TRUSTEEScbjeato

Furthermore, the

There shall be three (3) Trustees and the initial Trustees shall be MARILYN J. GIEBEL, MICHAEL J. SHEAHAN, AND ROBERT G. AUMILLER, designated herein as the Trustees, who by their signatures to this document do hereby consent to serve in such capacity. Whenever any Trustee resigns, refuses to act, moves out of St. Louis County, no longer owns property covered by this Agreement, becomes disabled or dies, so that there will be no eligible Trustee in office, then a meeting of the record owners of the fee simple title of all lots according to all of the then recorded plats of Exhibit "A" shall be called, upon notice signed by a least two (2) of such lot owners, or personally served upon them, at least ten (10) days before the date fixed for the meeting, for the purp0se of electing new Trustees. The said notice shall specify the time and At such meeting, or at any adjournment thereof, the majority of the record owners attending such meeting or meetings in person or by proxy, shall be entitled to one (1) vote for each full lot owned by him. When any lot is owned by husband and wife as tenants by the entirety or by two or more persons as joint tenants, notice as herein required by either of any one said parties shall suffice, and either or any of such parties shall be permitted to cast his or her vote as representing The result of such election shall be certified by the person elected as chairman and secretary place of the meeting and the place of the meeting shall be in St. Louis County, Missouri. full ownership of said lot, but not more than one (0) vote for each lot shall be permitted. respectively at such meeting and their certification shall be acknowledged and recorded.

To the contrary, notwithstanding, when fifty percent (50%) of the tracts have been sold, one-third (1/3) of the Trustees shall be chosen by the purchasers of said lots; when ninety- five Gpercent (95%) of the lots have been sold, two-thirds (2/3) of the Trustees shall be chosen by the owners of the sold lots; and when all of the tracts have been sold then the owners of all of the sold lots shall choose all of the Trustees. At this time, the Trustees shall serve for three years each and the terms shall be so staggered that a new Trustee is elected each year.

II. TRUSTEESDUTIES ANDPOWERS

The Grantor hereby invests the Trustees and their successors with the rights, powers and authorities described in this instrument and with the following rights, powers and authorities:

1, To exercise control over the roadway easement, above described, and future easements to be established, and any other non-public items, if any, on the above deseribed tract of ground (Exhibit "A") for the purpose of maintaining, repairing, and rebuilding road way improvements including road surfaces and culverts, as well as removing snow, salting, repairing street signs, cutting grass and weeds along

easements and insuring the proper use of the roadway easements, subject to the rights of public authority and the holders of the easements thereon. the maintenance of the entrance monument and lighting. To provide for

2. To enforce the provisions of this Indenture and the rules and regulations promulgated by the Trustees for the propose hereinbefore provided. This power in the Trustees is discretionary and not mandatory and does not restrict the rights of any lot owner to proceed on his own behalf.

3. The Trustees in exercising the rights, powers and authorities granted to them, and in discharging the duties imposed upon them by the provisions of this Indenture, may from time to time enter into contracts, employ agents, servants and labor as they deem necessary or advisable and to defend suits brought against them individually or collectively in their capacities as Trustees.

4. To call an annual meeting of all lot owners subject to this Agreement, to be held at a time and place suitable to a majority of the lot owners. Notice of this meeting must be mailed to lot owners ten (10) days prior to the date of the meeting.

IV. ASSESSMENTS

1. The Trustees and their successors are authorized to make a yearly general assessment, except as hereinafter provided, the amount to be based on an original assessment amount of Seven Hundred Fifty ($750.00) Dollars multiplied by the cost of living increase using the United States Bureau of Labor Statistics Living Standard Index as of January 1 of each year, and added to the previous year's assessment. If said index is no longer published, then another index generally recognized as authoritative shall be substituted. The assessments shall be against each lot or parcels of land in said plat for the purpose of carrying out any and all of the general duties and powers of the Trustees as herein described and for the purpose of enabling the Trustees to defend and enforce these covenants to repair, rebuild and maintain the roadway easement, and perform and execute any powers or duties provided in this instrument or otherwise protect the health, safety and general welfare of the property owners.

aforesaid roadway

If at any time the Trustees shall consider it necessary to make an expenditure for the purpose of repairing, rebuilding or maintaining the easement which requires an assessment in addition to the assessment above provided, they shall submit in writing, to the owners of lots for approval, an outline of the plan for the project contemplated and the estimated amount required. If such project and assessment so stated be approved either at a meeting of the lot owners duly called and held in the manner provided in reference to the election of Trustees, by a two-thirds (2/3) majority vote of those present in person or by proxy, or written consent of the owners of one-half (1/2) or more of the lots, the Trustees shall notify all owners of lots in said tract of land of the additional assessment. No special assessment shall exceed Seven Hundred Fiftye ($750.00) Dollars per lot for any one-year period.

2. All assessments, either general or special, made by the Trustees for the purposes herein enumerated shall be made in the manner and subject to the following procedures:

a. Notice of all assessments may be given by mail addressed to the last known or usual post office address of the record owner or owners of the lots and

deposited in the United States mail with postage prepaid.

b. Every such assessment shall become due and payable within 30 days after notice is given as herein above provided. From and after the date when said payment is due, it shall bear interest at the rate of ten percent (10%) per annum until paid, and such assessments and interest thereon shall constitute a lien, at the expense of the lot owner affected, upon said lot and said lien shall continue in full force and effect until fully paid. Any time after an assessment and the entry thereof in the minutes of proceedings or records of the Trustees, they may execute and acknowledge an instrument reciting the assessment with respect to any one or more lots and cause same to be recorded in the office of the Recorder of Deeds of St. Louis County, Missouri, and the Trustees may upon payment, cancel or release any one or more lots from the liens and liability of such assessments, as shown by recorded instruments, by executing, acknowledging and recording, at the expense of the lot owner affected, a release of such assessment.

3. The Trustees shall handle the funds coming into their hands in one of the following manners, to be determined by the majority of the Trustees:

a. Deposit the funds in a bank or savings institution, the accounts of which are insured by the Federal Deposit Insurance Corporation, or

b. Contract with a private collection agency to collect all road maintenan ce fees The and pay all road maintenance bills upon approval by the Trustees. Trustees should require any outside agency to prepare a report for the Trustees and lot owners to be distributed on an annual basis.

The Trustees shall designate one of their number as Treasurer of the funds collected under the terms of this instrument and such funds shall be placed in the custody and control of such Treasurer. The Treasurer shall be bonded for the proper performance of his duties in an amount fixed by the majority of the Trustees. The Treasurer shall distribute an Annual Report to all lot owners present at the annual meeting.

4. All rights, duties, powers, privileges and acts of every nature and description which said Trustees might execute or exercise under the terms of this Indenture may be executed or exercised by a majority of said Trustees unless otherwise provided in the Indenture.

5. The Trustees are authorized and empowered to procure such insurance including but not limited to public liability and property damage as they may deem necessary and proper.

6. The Trustees are authorized and empowered to use general and/or special assessments as necessary, to defend suits brought against them individually or collectively in their capacities as Trustees.

7. Uniform general assessments shall begin on the date the Trustees of this Agreement or their agent mails a letter to all lot ownerS, as stated in the ASSESSMENTS Section of this Agreement, notifying them that the assessments are to begin.

8. Uniform special assessments can begin any time after the first uniform general assessment has been collected.

V. TERM OF PROTECTIVECOVENANTS

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 date. These covenants will be automatically extended for successive periods of ten (10) years unless cancelled by instrument đuly recorded by a majority of the owners of the lots after the original twenty (20) year period.

VI. GENERAL PROVISIONS

1. Any and all future tracts of land comprising a part of the aforesaid described property, platted as a part of Exhibit "A' shall be governed by the covenants contained in this Indenture. It being further agreed and understood that the Trustees herein shall have the right to accept additional tracts of land, to use roadways so established under this Indenture, and to grant such property owners the right to use easement created pursuant to this Agreement, if they agree to subject such additional properties to the provisions of this Indenture.

2. Enforcement: Enforcement shall be by proceedings at law or in equity against any person or persons vìolating or attempting to violate any covenant herein either to restrain violations or to recover damages. Trustees or lot owners. The subdivision Trustees shall be entitled to recover from violating lot owners legal fees, costs and expenses incurred in the enforcement of this Proceedings shall be instituted by the Agreement against such violations.

3. Liability of Trustees; Trustees not Compensated: The Trustees shall not be personally responsible for any act in which they are empowered to exercise their judgement and discretion and shall only be held accountable for their willful misconduct. They shall not be required to spend any money for maintenance and/or improvement in excess of the assessments collected by them. compensation for services performed. The Trustees shall not be entitled to any

4. Severability: Invalidation of any one of these covenants by judgement or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect.

5. Amendment: This Indenture and any part thereof may be altered, amended, extended, changed or discontinued by a written agreement signed by not less than sixty-six percent (66%) of the then recorded owners of the fee simple title to all lots in the tract; any such written and signed alterations, amendments, extensions, changes or discontinuance shall, when duly certified and acknowledged by the Trustees and recorded in the office of the Recorder of Deeds for St. Louis County, Missouri, become a part of the provisions and covenants of this Indenture.

6. A "lot" or "parcel of land" or "tract" as referred to in this -agreement shall be considered any parcel or parcels owned under a single title.

2367

IN WITNESS WHEREOF, the GRANTOR and TRUSTEES hereto have executed this Agreement this o

GRANTOR: dayof en 1995.

CARL B. ĠJEBEL(ND MARILYN J. GIEBEL REVOCARLE LIVÍNG TRUST

TRUSTEES: the fores

MICHAEL J.SHEAHAK

ROBERT G. AUMILLER

riog J tbtoug ercvted tesmae er lrueact nd dee.

AATE OF MISSOURI

COUNTY OF ST, LOUIS

On this

22nd

Marilyn J. Giebel, Trustee of the Carl B. Giebel and Marilyn J. Giebel Revocable Living Trust, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that Marilyn J. Giebel, Trustee executed the same as the free act and deed of said partnership. day of June 1995, before me personally appeared

IN WITNESS WHEREOF, I have signed and sealed the foregoing on the day and year first written above.

My Commission Expires: 7/10/98

NotaryPublic Teyi Lynf Glazebrook

State of Missouri County of St. Louis

STATE OF MISSOURI SS

COUNTY OF ST. LOUIS

On this

22nd day of 1995, before me personally appeared

June

Marilyn J. Giebel, Michael J. Sheahan, and Robert G. Aumiller, to me personally known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.

IN WITNESS WHEREOF, I have signed and scaled the foregoing the day and year first above written.

My Commission Expires: 7/10/98

Notary Publif Te Teri LynGlazebrook

State of Missouri - County of St. Louis

A

LOTS 1, 2, 3, OF POND BRIDGE SUBDIVISION, A SUBDIVISION RECORDED IN BOOK 3_PAGE §4_OF THEST. LOUISCOUNTYRECORDS.

EXHIBIT

POND BRIDGE

AMENDMENT TO THE ROADWAY MAINTENANCE AND RESTRICTIONAGREEMENT

This AMENDMENT, dated this y t day of hpheabre 1996 by and between the undersigned recorded Owners of all lots in Pond Bridge Subdivision, hereby AMENDS the Pond BridgeRoadwayMaintenanceandRestrictionAgreementrecordedinBook s 2 Page Z3 of the St. Louis County Records, as follows:

I. PROTECTIVE COVENANTS

Par. 9 MOWING, shall be deleted. The following will be substituted:

MAINTENANCE OF GRASSED AND LANDSCAPED AREAS. Lot owners are responsible for maintaining the grassed and landscaped areas on that portion of their lot denoted as "Buildable Area" on the Record Plat, in a first class manner. all remaining, or "non-buildable" areas on all lots, in a manner which they deem appropriate.

ASSESSMENTS

The Trustees are responsible for maintaining

The original annual general assessment is changed to Twelve Hundred Dollars ($1,200.00). special assessment shall exceed Twelve Hundred Dollars ($1,200.00) per lot for any one-year No period.

GENERAL PROVISIONS

The following paragraph is inserted in Par. 5 Amendment:

In no event, however, will this Indenture be amended without the consent and approval of MichaelJ. Sheahan, his heirs or assigns, so long as he maintains any interest in Pond Bridge. "Interest" for purposes of this paragraph shall include the current ownership of a lot, current listing to sell a lot, or any First Right to Purchase a lot in Pond Bridge.

IN WITNESS WHEREOF, the OWNERS hereto have executed this Agreement this Z day of phoab 1996.

OWNER (LOTS 1 & 3):

MARJEÝNAGIEBÉL, TRUSTEE CARLÉ. GEBEL AND MARILYN Ý GIEBEL RÉVOCẦBLE LIVKG TRUST

OWNERMT 2

MIKE SHEAHAN, PRESIDENT, MIKE SHEAHAN COMPANY dba AUMILLER-SHEAHAN CONSTRUCTION

STATE OF MISSOURI

SS

COUNTY OF ST, LOUIS

2fmay of oas bic

On this J. Giebel, Trustee of the Carl B. Giebel and Marilyn J. Giebel Revocable Living Trust, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that Marilyn 1996, before me personally appeared Marilyn J. Giebel, Trustee executed the same as the free act and deed of said partnership.

IN WITNESS WHEREOF, I have signed and sealed the foregoing on the day and year first written above.

My Commission Expires: 2liol98

STATE OF MISSOURI SS

COUNTY OF ST. LOUIS 24w af Daaptabra

On this Sheahan, President of Mike Sheahan Company dba Aumiller-Sheahan Construction, to me personally known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. day of 1996, before me personally appeared Michael J.

IN WITNESS WHEREOF, I have signed and sealed the foregoing the day and year first above written.

MyCommissionExpires: 7o/98

INotàry Publi