REeD NACOMB D) '13DEC19PM0141 3185263 PAGE 1 OF 4 LIBER 22600 PAGE 792 12/ 19/2013 02:11:38 P,M. MACOMB COUNTY, M1 SEAL CARME LLASABAUGH, REGISTER OF DEEDS

THIRD AMENDMENT TO RESTRICTIVE COVENANTS

FOR ALTERMAn FARMSSUBDI'ilISION ASSOCIATION

RESTRICTIVE COVENANTS: RECORDED ON MARCH 25, 1998 UBER 7952, PAGE 965-968

FIRST AMENDMENT TO RESTRICTIVE COVENANTS:

RECORDED ON SEPTEMBER 13, 2000, UBER 9767 PAGE 394

SECOND AMENDMENT TO RESTRICTIVE COVENANTS:

RECORDED ON JUNE 4,2003, UBER 9767 PAGE 394

RESTRICTIVE COVENANT #3 CURRENTLY reads:

liThe Board of Directors of the Altermatt Farms Subdivision Association shall charge an annual

maintenance fee not to exceed the sum of fifty ($50.00) dollars, which shall be determined

from year to year if the requirement may indicate to be necessary to maintain common

element areas. Said maintenance fee to be paid on the first (1st) day of February yearly.

Association dues and maintenance fees ninety (90) days in arrears after the due date of

February first (1st) shall become a lien on the property and enforceable as provided by law,

but said lien shall be subordinate to any mortgage financing. In addition, each member shall

pay to the association at the time of closing a non-refundable capital contribution in the

amount of $100.00.

RESTRICTIVE COVENANT #3 SHOULD read:

"The Board of Directors of the Altermatt Farms Subdivision Association shall charge an annual

maintenance fee not to exceed the sum of fifty ($50.00) dollars per member, which shall only

be increased by an affirmative vote of the majority vote of the lot owners in good standing at

an annual meeting, if the requirement may indicate to be necessary to maintain common

element areas. Said maintenance fee to be paid on the first (1st) day of February, yearly. In

addition, after the adoption and filing of this amendment, each member and/or titled lot

owner shall pay to the Altermatt Farms Subdivision Association at the time of closing, and/or

taking legal or equitable title to any lot, including but not limited to equitable title by Sheriffs

Deed, a non-refundable capital contribution in the amount of $250.00 per member.

c

Association dues (if any), annual maintenance fees, and/or capital contributions due at the

time of closing, or taking legal or equitable title to any lot, including but not limited to

equitable title by Sheriff' s Deed, ninety (90) days in arrears after the due date shall become a

lien on the property and enforceable as provided by law, but said lien shall be subordinate to

any mortgage financing filed with the Macomb County Register of Deeds before said lien. Any costs of collection incurred by the Altermatt Farms Subdivision Association, including reasonable attorney fees, shall be chargeable against any delinquent member.

RESTRICTIVE COVENANT #28 CU RRE NTLY reads:

In the event of a violation or breach of any of the these restrictions by any person or concern

claiming by, through, or under the owner, or by virtue of any judicial proceeding, the owner

and the lot owners, or any of them, Jointly and severally, shall have the right to proceed at law or in equity to complete a compliance with the terms hereof, or to prevent any violation of

breach of any ofthem. In addition to the foregoing right, the owner shall have the right, whenever there shall have been built on any lot in the subdivision, any structure which is in

violation of these restrictions, to enter upon the property where such violation exists and

summarily abate or remove the same at the expense of the owner of said lot and charge actual attorney fees and costs in addition to a fine in the amount of $500.00 in addition to the

expense to correct said violation. Such entry and abatement or removal shall not be deemed a trespass. Failure to enforce any right, reservation, restriction or condition contained in these restrictions, however long continued, shall not be deemed a waiver of the right to do so

thereafter as to the same breach, or as to a breach occurring prior of subsequent thereto, and shall not bar or effect its enforcement. The invalidation by any court of anyone of the

restrictions in these restrictions contained shall in no way affect any of the other restrictions. but shall remain in full force an effect.

RESTRICTIVE COVENANT #28 SHOULD read:

Failure of a lot owner in ALTERMAn FARMS SUBDIVISION ASSOCIATION to pay any annual maintenance fee, association due, capital contribution, and/or assessment lawfully required for the purpose of maintaining any common areas or other common elements required by law

to be maintained by the subdivision, shall be consider a violation of these restrictive covenants

and shall subject said lot owner to a lien upon his/her/its premises and lot for the amount for such annual maintenance fee, association due (if any), capital contribution, and/or assessment. This lien may be enforced either by foreclosure or by suit at law for money damages. No owner of a lot within ALTERMAn FARMS SUBDIVISIOI\J ASSOCIATION may excuse

himself/herself/itself from paying his/her proportion of assessment by declining to use said

common areas or other common elements required by law to be maintained by the

subdivision.

If a majority of the members of any such association or a majority of lot owners shall decide to

construct and maintain a particular amenity or structure on any common area, including but

not limited to a subdivision sign, to the extent permitted by these restrictions and the

applicable Macomb Township Code and state law, then each lot owner in ALTERMAn FARMS

SUBDIVISION ASSOCIATION shall be responsible to the association that portion of the

assessment necessary to collectively discharge the obligation for the cost of constructions and maintenance of any such amenity.

A. Remedies for Violations-Invalidations

For a violation or a breach of any of these restrictive covenants by a person owning a

lot in ALTERMAn FARMS SUBDIVISION ASSOCIATION or a person claiming by, through

ALTERMAn FARMS SUBDIVISION ASSOCIATION, or by virtue of any judicial proceeding,

lot owner, or any of them severally, shall have the right to proceed in a judicial action

at law or in equity to compel compliance with the terms of these restrictive covenants

and to prevent the continued or successive violation or breach of any of them and shall

be entitled additionally to receive any'expenses to correct said violation, and all costs

of enforcement, including a reasonable attorney fee. In addition to this right, the

Developer, its successors, or assigns, ALTERMATT FARMS SUBDIVISION ASSOCIATION, or any lot owner in good standing in the ALTERMATT FARMS SUBDIVISION

ASSOCIATION shall have the right whenever there shall have been built on any lot any

structure which is in violation of these restrictions, and upon order of a Court of

competent jurisdiction, to enter upon the property where such violation or of these

restrictions exist, and summarily abate or remove such violation at the expense of the

lot owner, in any such entry, abatement or removal shall not be deemed a trespass.

Willful violation of the restrictive covenants shall be subject to a $500 fine payable to

ALTERMAn FARMS SUBDIVISION ASSOCIATION. A failure to enforce any of the

reservations and restrictions shall not be considered a waiver of the right to do so and

shall not bar future enforcement. The invalidation of anyone or more of these

restrictive covenants, or any provision of any particular restrictive covenant, by any

court of competent jurisdiction, shall not affect any of the other reservations and restrictions or remaining portions of a restriction, all of which shall remain in full force

and effect.

With reference to any lien imposed on any lot owner as above described, should any

lot owner fail or refuse to satisfy and discharge any lien arising under the provisions of

these restrictive covenants, including but not limited to annual maintenance fees,

annual association dues (if any), and/or the capital contribution within 30 days, ALTERMATT FARMS SUBDIVISION ASSOCIATION, shall have the right to interest on said

liens at the maximum rate allowable by Michigan law from time to time, and shall be

entitled additionally to receive all costs of enforcement and collection of any such lien

including a reasonable attorney fee.

I :t/,qDated: , 2013

WITNESSES

STATE OF MICHIGAN

)ss

COUNTY OF MACOMB

'n-.. "'. On this ~ day of ~ 2013 before me, a Notary Public, personally appeared __--' Frank A. Cusumano, Jr., the President of ALTERMAn FARMS SUBDIVISION

ASSOCIATION and to me acknowledged the execution ofthe foregoing instrument on

behalf of the said Association. r'

~~~ SUSAN M GILSON Notary Public - Michigan

Notary Public Macomb County My Commission Expi res May 14, 2018, ~ II el i n 0 in th e Cou n ty O'::.f.;;fYL~Ct.;;;(.~~~;';'../-l

Macomb County, Michigan My commission expires: S; / y' -. / rp

Drafted by and when recorded return to :

Altermatt Farms Subdivision Association

P,O, Box 56, Washington, MI 48094

, ."