Note: The “Covenants” posted on these pages have been reformatted slightly to make the suitable for Internet posting. Although it is believed that the content is accurate, in any situation where there is discrepancy between this posted document and the official covenants filed with DuPage County, the legally filed document will take precedence.

AMENDED

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARD BROOK HOME ASSOCIATION

ARTICLE II: PURPOSE OF THIS INSTRUMENT

2.1 Statement of Purpose: The purpose of this Amended Declaration is to provide the means by which to administer, manage and maintain the Subject Properties in a manner that will preserve their character as an outstanding residential community in which to reside and live.

2.2 Benefit of Present and Future Owners: This Amended Declaration, and the covenants, conditions, restrictions, easements and liens established herein, shall run with the land included in the Subject Properties, and shall inure to the benefit of and be binding upon each and every Owner, and his, hers or its respective heirs, representatives, successors, purchasers, lessees, grantees and mortgagees. By the recording or accepting the conveyance of a Lot or any interest therein or any interest in any real estate which is part of the Subject Properties, the person or entity to whom such interest is conveyed shall be deemed to accept and agree to be bound by the provisions of this Amended Declaration, the By-laws of the Association and the Rules and Regulations.

2.3 Effective Date: This Amended Declaration, having been approved by the majority of the Owners of record on or about the date first set forth above, shall be binding upon each Owner and Lot of record as of the date falling on the third anniversary of the date this Amended Declaration is recorded in the office of the Recorder of Deeds for DuPage County, Illinois. The Association shall not be estopped after the effective date of this Amended Declaration, however, from preventing the continuance of or from seeking damages resulting from a breach of the covenants and conditions occurring after the effective date on the basis that said condition or conduct pre-existed this Amended Declaration.