Declaration of Restrictions

This declaration, made this 27th of June 1989, by SILVERWOOD DEVELOPMENT CO,, INC, a Delaware corporation , (hereinafter,                   referred to as the "Declarant)." 

WITNESSETH: 

WHEREAS, Declarant is the owner of all those certain lands situate in Mill Creek Hundred, New Castle Count and State of Delaware, being known as SILVERWOOD, as shown on a certain Record Major Subdivision Plan prepared by Karins and Associates Inc., dated January 18, 1988, of record in the office of the Recorder of Deeds of New Castle County in Microfile No. 9255, and being more particularly bounded and described as set forth on the attached Exhibit "A" (herinafter the "Property"); and 

WHEREAS,  Declarant desires to construct thereon a single-family, residential community for the benefit of said community; and 

WHEREAS,  Declarant desires to provide for the orderly preservation of property values for the individual dwelling units in said community and, to that end, restrictions, hearinafter set forth, each and all of which is and are for the benefit of the said Property and           each owner therof. 

NOW, THEREFORE, THIS DECLARATION WITNESSETH:  That the Declarant does herby covenant and declare that it shall hold    and stand seized of the Property and subject to the following convenants and restrictions, which shall be covenants running with the land and which shall be binding upon the Delarant, its successors and assigns:  

ARTICLE I 

GENERAL USE RESTRICTIONS 

Section 1.   Private Residences.     Each lot in the Property shall be used for private residential purposes only and no buildings of any kind, except private dwelling units, shall be erected or maintained thereon, except such outbuildings as are customarily appurtenant to residences.  Each house shall be used solely for single family purposes and occupancy and for the exclusive use of the single family occupying the house.  

Section 2.   Trailers, Mobile Homes, Etc.   No temporary structure, including trailers and mobile homes, shall be permitted or maintained on any lot.  

Section 3.     Animals and Pets.     No animals of any kind other than usual household pets shall be kept or maintained on any lot.  Any animal shelter (i.e., doghouse, rabbit hutch, etc) shall be made of wood, of high quality craftmanship and no larger than 3' x 4' x 3'.  

Section 4.    Vegetable Gardens.   No vegetable gardens shall be kept or maintained inside the houses or in the front or side yard areas.

Section 5.      Television and Radio Antennas.    No permanent or temporary television, radio or other receiving or transmitting antenna shall be installed, constructed, placed or maintained on any lot, except that same may be installed, contructed, placed and/or maintained if it is confined within the interior of the dwelling house.  

Section 6.      Trash Recepticles.    Trash receptacles shall be kept  in clean, sanitary and eclosed areas, hidden from view, excepting on regular collection days, when they may be placed temporarily on the curb.  

Section 7.     Prohibited Vehicles.   No trucks, buses, travel trailers, boat trailers, boats, utility trailers, campers or disabled vehicles, of any description, shall be kept or maintained on any street, lot or driveway, except that pick-up tracks up to and including 3/4 ton and enclosed vans up to 10,000 lbs.  G.V. W are permitted, provided that they do not exceed a height of seven feet.  

Section 8.   Fences.   No fence shall be erected on any lot closer to the front street line than the rear face of the dwelling on said lot.  No fences shall be of a height of more than six (6) feet and all such fences shall only be constructed of natural finish wood.  

Section 9.   Signs.  No signs of any nature whatsoever shall be erected, placed or maintained on any lot within the premises described, except that a single real estate "For Sale" sign may be temporarily placed or maintained.  

Section 10.   Swimming Pools.  No above-ground swimming shall be constructed or maintained on any lot, except that children's wading pools, not exceeding two (2) feet in height, shall be permitted.  

Section 11.      Lawn Mowing.  The Owner of each lot sall be responsible for the maintenance of grass and weeds thereon and shall mow said lot at least once during each fo the months from March through November.  

Section 12.      Yards.   No statues, sculptures.   No statues, sculptures, painted trees, bird baths, ornaments, or replicas of animals or other like objects may be affixed to or placed on any lot or building.  

Section 13 .     Prior Approval of Declarant.  Notwithstanding anything contained herein to the contrary, no fence, outbuildings, structures, of a temporary or permanent nature, swimming pools, or yard ornaments shall be consctructed, erected  or placed upon any Lot unless and with the prior written consent to the Lotowner's plans and specification hass been received from Declarant or Declarant's heirs, executors, administrators, successors, assignees, or designees, who sall have the right to approve or disapprove any such matters which in his, her or its opinion are not suitable or desirable to the community. In passing upon such palns and specifications, Declarant or  Declarant's heirs, executors, administrators, successors, assignees, or designees, shall consider the following factors:  

a)     The qualtiy and aesthetic suitability and nature of the proposed building or other structure; 

b)     The materials of which it is to be constructed;  

c)      The specific site upon which it is proposed to construct or erct the same; 

d)     The harmony of the same with the surrounding areas; and 

e)     The effect that the proposed building or structures shall have upon the outlook and view from the neighboring properties.  

          ARTICLE II

                                                                                                CHANGES IN THE DECLARATION

These convenants and restrictions may be changed, altered, modified or extinguished in whole or in part, at any time, by an instrument in writing signed by the record oAwners of two-thirds (2/3) of the lots described at Exhibit "A," which shall be recorded in the Office of the Recorder of Deeds, New Castle County, State of Delaware, excepting, however, that the Declarant, so long as it is the owner of any of said lots shall have the absolute right to amend this Declaration from time to time without the joinder of any other owners by executing and recording an amendment in the office aforesaid, if such amendment is:  

a)     required by Federal, State, County or local law, ordinance, rule or regulation; or 

   b)     required by any mortgagee of improved lots and dwelling houses in the premises; or 

   c)     required by any title insurance company issuing title insurance to owners and/or mortgagees of same; or 

                   d)    required by the Federal Housing Administration, Department of Housing and Urban Development, Veterans Administration,   Farmers Home Administration, Delaware State Housing Authority, Federal National Mortgage Assocation, Federal private  

                           institution acquiring, guaranteeing or insuring mortgages or providing any type of financial assistance, with respect to

                           dwelling units in the premises.  

          ARTICLE III 

              CHANGES IN THE RECORD PLAN

Declarant reserves the right to amend from time to time the Record Plan of the Property provided taht such amendment does not: 

a)   increase the overall density of the Property; 

   b)   decrease the total amount of open space of the Property; or 

   c)   change the alignment of any street in the Property at any point where any lots now owned by Declarant abut any such street. 

                          By acceptance and recording of a deed in the Property, the grantee for himself and his successors in title shall be deemed to     have given to Declarant his pwer of attorny for the purpose of executing any such resubdivision plan as owner, provided such

                         resubdivision plan complies with the terms of this Article.  

                                                                                                                                      ARTICLE IV 

                                                                                                                                 ENFORCEMENT 

Enforcement of these convenants and restrictions shall be persons violating or attempting to violate any convenant or restriction, either to restrain violation or to recover damages, and failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter or a waiver to enforce the other restrictions contained herein.  Action of enforcement may be brought by the Declarant, its successors and assigns, or any owner of any land which is the subject of this Declaration.  Declarant reserves right to assign its power to modify or enforce these convenants and restrictions by an appropriate instrument in writing, recorded in the Office of the Recorder of Deeds, in and for New Castle County, Delaware.  

                                                                                                                                         ARTICLE V 

                                                                                                                                   SEVERABILITY 

Invalidation of any one of these convenants of restrictions or any portion thereof by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.  

                                                                                                                                       ARTICLE VI 

                                                                                                                                INTERPRETATION 

This Declaration shall bind all lots in the Property owned by Declarant as of the date on which Declaration is recorded and all other lots in the Property as to which the owners thereof have joined in this Declaration by separate writing.  

Notwithstanding anything contained in this Declaration, its provisions shall not be applied or construed as to prohibit or impede the construction by Declarant or its successors in title to vacant lots from building or selling dwelling houses, maintaining an office or offices (including trailers) for construction and/or sales, storing construction materials and equipment, or generally carrying on its business as to the development of the Property. 

IN WITNESS WHEREOF, the said SILVERWOOD DEVELOPMENT CO., INC., hath caused its name Albert H. Marta, its President, to be hereunto set, and common and corporate seal of the said corporation to be hereunto affixed, duly attested by its Assistant Secretary, the day and year first above written.