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VOL 206 PACE x.75
<br />6. No noxious or offensive trade or activity shall be carried
<br />on in said plat, nor shall anything be done thereon which may be or
<br />become an annoyance or nuisance to the neighborhood. This shall not be
<br />construed to prevent a family garden or orchard.
<br />7. Only members of the Caucasian race shall use or occupy
<br />any dwelling on said plat, excepting that this covenant shall not prevent
<br />occupancy by domestic servants of a different race employed by an owner
<br />or tenants.
<br />8. No trailer, basement, tend, shack, garage, barn, or out-
<br />building erected in said plat shall at any time be used as a residence,
<br />temporarily or permanently, nor shall any residence of a temporary
<br />character be used as a dwelling.
<br />9. No building previously erected elsewhere shall be moved
<br />upon any lot in said plat, excepting new prefabricated construction.
<br />10. So long as John M. Melaas, who is the present owner, or
<br />John C. McKenna, Jr., have any title to any part of said plat, no
<br />building shall be erected or placed thereon until the plans, specifications,
<br />and plot plan showing the location of such building have been approved in
<br />writing by said present owner and John C. McKenna, Jr., or their agent
<br />appointed in writing for said purpose, or if said present owner has no
<br />further interest in said plat, then said approval shall be by said John
<br />C. McKenna, Jr., or his agent appointed in writing for said purpose. After
<br />the said parties cease to have title to any lot or lots in said plat,
<br />no building shall be erected or placed on said plat until the plans,
<br />specifications, and plot plan showing the location of such building have
<br />been approved in writing by a committee of three persons, each of whom
<br />owns a lot or lots in said plat. The present owner or John C. McKenna, Jr.,
<br />after a period of seven (7) years from date of plat, or after 65% of the
<br />lots in said plat have been sold, whichever occurs first, may elect to
<br />assign their rights to approve such plans, specifications, and plot plan
<br />to said committee. For the purpose of said election, if any property shall
<br />be sold on land contract, the land contract vendee shall be deemed the
<br />title holder. The title holder or holders to any lot shall be entitled to
<br />but one vote in such election, and regardless of the number of lots owned,
<br />no person shall have more than one vote. In the event that such committee
<br />is not in existence or fails to approve or disapprove such plans, specifi-
<br />cations, and plot plan within ten days after the same have been submitted
<br />to any two members of said committee, then such approval shall not be
<br />required, providing the design conforms to and is in harmony with
<br />existing structures in said plat. In any case, either with or without
<br />approval, the ground area of any dwelling in said plat, exclusive. of open
<br />porches and attached garage shall not be less than 650 square feet for one -story
<br />dwellings_and not less than 1000 square feet for two -story dwellings.
<br />11. These covenants and restrictions are covenants and restrictions
<br />running with the land and shall be binding on all persons having an interest
<br />in said plat until October 1, 1972, at which time the said restrictions
<br />and covenants shall terminate.
<br />12. If any person, or his heirs, successors, or assigns, shall
<br />violate or attempt to violate any of these covenants and restrictions
<br />herein prior to October 1, 1972, it shall be lawful for any person or
<br />persons owning any lot or lots in said plat to prosecute any proceedings
<br />at law or in equity against the person violating or attempting to violate
<br />any such covenant or restrictions.
<br />13. Invalidation of any one of these covenants or any severable
<br />part of any covenants, by judgment or court order, shall in nowise affect
<br />any of the other provisions which shall remain in full force and
<br />effect.
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