PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
RUNNING WITH THE LAND FOR EAGLES MERE DIVISION NO. 3

THIS INDENTURE AND DECLARATION of protective covenants, conditions, restrictions and easements running with the land, herein called "Protective Covenants", made this 9th day of October, 1975, by EAGLES MERE ASSOCIATES, a Washington Limited Partnership and by the additional undersigned parties who have interests in the ownership of all or portions of Eagles Mere, Division No. 3, an addition to King County, Washington.

WHEREAS, said parties are the owners in fee of all or of portions of Eagles Mere, Division No.3, an addition to King County, Washington, as recorded in Volume 98 of Plats, pages 65-66, records of King County, which property is located in King County, Washington; and

WHEREAS, it is the desire of said parties that said Protective Covenants be recorded and that they thereby be impressed upon said land for the mutual benefit of all owners, present and future, now, therefore,

IT IS HEREBY MADE KNOWN THAT said parties do by these presents make, establish, confirm and hereby impress upon Eagles Mere, Division No. 3, an addition to King County, Washington, according to plat thereof recorded in volume 98 of Plats, pages 65-66, records of King County, Washington, which property is all located in King County, Washington, the following Protective Covenants to run with said land, and do hereby bind said parties and all of their future grantees, assignees and successors to said Protective Covenants for the term hereinafter stated and as follows:

1. The area covered by these Protective Covenants is the entire area described above.

2. All lots in the tract shall be known and described as residential lots. No lot shall be used except for residential purposes. No structures or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential building lot other than one detached single family dwelling and a private garage for not more than three cars. No such dwelling house shall exceed two (2) stories nor be more than thirty (30) feet in height nor shall any authorized private garage be more than fourteen (14) feet in height. The foregoing heights shall be measured from the top of the street curbline at the centerline at the front of the lot. Said height restrictions shall prevail in all cases unless otherwise approved by the architectural committee.

3. The main floor area of the principal structure, exclusive of one story open porches and garages, shall be not less than 1,450 square feet for a one story dwelling. The finished main floor area of a dwelling of more than one story shall be not less than 900 square feet. The finished main floor area of a split-level entry basement or full basement dwelling shall be not less than 1,250 square feet.

4. No building shall be located on any lot nearer to the front lot line or nearer to the side street than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 20 feet to the front lot line, or nearer than 12-1/2 feet to any side street line. No building shall be located nearer than 5 feet to an interior lot line, except that no side yard shall be requited for a garage or other permitted accessory building located 50 feet or more from the minimum building set-back line. No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line, except on those lots which, due to size and shape, require averaging the minimum to 25 feet. For purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

5. No dwelling shall be erected or placed on any lot having an area of less than 7,200 square feet.

6. Easements for drainage facilities are reserved over a 2-1/2 foot wide strip along each side of interior lot lines and over the rear five feet of each lot. Easements for installation and maintenance of other utilities are reserved as shown on the recorded plat or other instrument of public record. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

7. No trade, craft, business, profession. commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any residential lot or within any building located in this subdivision on a residential lot; nor shall any goods, equipment, vehicles (including busses, boats, motor homes and trailers of any description) or materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept, stored, dismantled or repaired outside of any building on any residential lot, or on the street as adjacent thereto, nor shall any goods equipment or vehicles (including busses, boats, motor homes and trailers of any description) used for private purposes and not for trade or business, be kept, stored, dismantled or repaired outside of any building on any residential lot, or on the street adjacent thereto; nor shall any noxious or offensive activity be carried on upon any lot; nor shall anything be done thereon which may or may become an annoyance or nuisance to the neighborhood.

No lot or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in sanitary containers for proper disposal. The owners of the residential lots will provide sanitary disposal for all garbage and rubbish. Such disposal shall be handled so that no garbage can or other receptacle will be visible from any place outside the premises. Yard rakings such as rocks, dirt and other materials as a result of landscaping shall not be dumped into public streets or ditches. The removal and disposal of all such materials shall be the sole responsibility of the individual lot owner and shall be promptly and regularly removed and disposed of.

8. No trailer, basement, tent, shack, garage, barn or other out buildings erected or placed in the tract shall at any time be used an a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

9. Any dwelling or structure erected or placed on any lot shall be completed as to external appearance, including finished painting within nine (9) months from date of commencement of construction and shall be connected to public sewer within that time, excepting only reasons beyond the control of the owner of such lot in which case a longer period may be permitted by written permission of the architectural committee.

10. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than 3 square feet, one sign of not more than 5 square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

11. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, and other household pets may be kept in compliance with existing laws and regulations provided that they are not kept, bred or maintained for any commercial purpose. The foregoing is intended also to exclude the keeping of any pets such as cats, dogs, or birds in numbers or under conditions reasonably objectionable in a closely built up residential community.

12. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

13. No fence, wall, hedge or mass planting other than foundation planting shall be permitted to extend nearer to any street than the minimum setback line of the residence, except that nothing shall prevent the erection of a necessary retaining wall the top of which does not extend more than two (2) feet above the finished grade at the back of said retaining wall; provided, however, that no fence, wall, hedge or mass planting shall at any time where permitted extend higher than six (6) feet above ground. Fences in side yards that abut a side street are permitted from the front yard setback to the rear of the lot not to exceed forty-two (42) inches in height. This height must be maintained in the front yard setback of the lot in the rear. (Written exceptions as to fence location in this section may be made by the architectural committee where the minimum setback line of the residence is greater than twenty (20) feet and the proposed fence has a setback of twenty (20) feet or more from the front property line.) Fences shall be well constructed of suitable fencing materials and shall be artistic in design and shall not detract from the appearance of the dwelling house located upon the lot or be offensive to other owners or occupants, or detract from the appearance of the dwelling houses located on the adjacent lots. No radio or television antennae shall be permitted to extend more than ten (10) feet above the roof line of any residence without the written approval of the architectural committee.

14. No lines or wires for the transmission of current or for telephone use shall be constructed, placed or permitted to be placed upon any residential lot outside the buildings thereon, unless the same shall be underground or in conduit attached to the building.

15. General Provisions

A. Mutuality. These Protective Covenants are imposed pursuant to a general plan with reference to the properties and shall constitute mutual and reciprocal equitable servitudes on each of the lots and a privity of contract between the various owners thereof, their respective heirs and assigns, and are for the benefit of the properties and each lot or building plot or site thereof and of the present and future owners thereof.

B. Duration and Amendment. The Protective Covenants of this document shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the owner of any lot subject to this document, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this document is recorded, after which time said Protective Covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said Protective Covenants in full or in part.

C. Enforcement. If the parties hereto or any of them or their heirs, successors or assigns, shall violate or attempt to violate any of the Protective Covenants herein, it shall be lawful for any person or persons owning any lot to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such Protective Covenants and either to prevent him or them from so doing or to recover damages or other dues for such violation. Invalidation of any one of these Protective Covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

D. Notices. Any demand to be made upon or any notice to be given to the owner or owners of any lot or lots in the tract to which these Protective Covenants relate shall be in writing. Said demand or notice may be given to such owner or owners either by personal delivery of such demand or notice, or by sending the same by prepaid United States certified or registered mail, addressed to the record owner or owners of the lot or lots with respect to which the demand or notice relates, the same to be addressed to the owner or owners at the street address of the dwelling house or other structure situated upon the relevant lot or lots. Notice by certified or registered mail, addressed an aforesaid, shall be deemed to have been fully communicated upon the expiration of 48 hours after the time of mailing, and the name and addresses of the person or persons to whom such demand or notice was mailed shall be conclusive, but not the exclusive means of proof of such fact.

16. Architectural Control

No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until complete plans and specifications showing the nature, kind, shape, height, materials and location of the same shall nave been submitted to and approved in writing as to harmony, external design and location in relation to surrounding structures and topography by an architectural committee composed of three members. In addition to the foregoing, the committee's written approval shall be required as to all matters requiring its approval in this instrument. In the event the architectural committee, or its designated representative, fails to approve or disapprove any matter required herein to be approved or disapproved by said committee, within thirty (30) days after submission to it of plans or specification or other matters required to be submitted to the committee, or in any event if no suit to enjoin the construction or other activity has been commenced prior to the expiration of said thirty-day period, approval will not be required and this section will be deemed to have been fully complied with.

The architectural control committee shall be initially co composed of Kenneth R. Williams, Thomas Hermsen and J. Gordon Sparks, whose address in c/o Mark S. Ruljancich, Certified Public Accountant, Evergreen Building, Renton, Washington 98055. A majority of the committee may designate a successor. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant hereto. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers and duties.

17. Plat Restriction
No lot or any portion of a lot in this plat shall be divided and sold or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district in which located.