LAKE'S EDGE! BOOK2832C PAGE 0492

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1 0492 SUBDIVISION RESTRICTIONS LAKE'S EDGE! BOOK2832C PAGE 0492 SEcrION B Whereas, Thomas D. & Linda S. Shell are the owners of Lake's Edge Subdivision shown on plat recorded in Plat Book 5 2, Page~, in the Register of Deeds Office for Sullivan County, Tennessee; and whereas, it is the desire and intention of the undersigned to sell the property described above, as set forth on the plats of Lake's Edge, hereinafter referred to as Subdivision, and to impose on it mutual beneficial restrictions and agreement under a general plan or scheme of improvement for the benefit of all the lands in said lots and the future owners of those lands; Now, therefore, Thomas D. & Linda S. Shell, herein referred to as Developers, declare that all of the property described above is held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subjected to the following limitations, restrictions, conditions, agreements and covenants, all of which are declared and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the lands and every part thereof. All of the limitations, restrictions, conditions, agreements and covenants shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the described lands or any part thereof 1. APPLICABILITY The restrictions shall apply to all subdivided numbered lots which are for residential purposes only which are deeded with the deed incorporating these restrictions by reference and to no other property owned by the Developer. 2. TERM These restrictions shall affect and run with the land and shall exist and be binding upon all parties and all persons claiming under them until December I, 2(}.1&by accepting a deed to residential property subject to these restrictions. The residential owners agree that after December I, these restrictions shall be extended for successive periods at ten (10) years each, unless an instrument signed by a majority of the then owners of the lots subject thereto has been recorded, agreeing to change the covenants in whole or in part, provided, however, that at any time hereafter these restrictions may be amended by the vote of the then record owners of two-thirds (213) of such residential lots tb make variations in the restrictions as to details to suit varying circumstances or changed conditions, but not to make changes that would annul any material part hereof. 3. MUTUALITY OF BENEFIT AND OBLIGATION The restrictions and agreements set forth herein are made for the mutual and reciprocal benefit of each and every lot in the Subdivision and are intended to create mutual, equitable servitude upon each of said lots in favor of each and all of the other lots therein; to create reciprocal rights between the respective owners of all of said lots; to create privity of contract and estate between the grantees of said lots, their heirs, successors and assigns, and shall, as to the owner of each such lots, his heirs, successors or assigns, operate as covenants running with the land for the benefit of each and all other Subdivision lots and their respective owners. 1 Preparedby: Thomas D. Shell 308 West G Street Elizabethton, TN 37643

2 0493 BOOK2832C PAGE EXCLUSIVE RESIDENTIAL USE AND IMPROVEMENTS No lot shall be used except for single family residential purpose. No structure shall be erected, placed or permitted to remain on any lot other than one (1) detached, single family residence dwelling. However one (l) detached garage or storage building may be erected provided that the roof and building materials used are uniform with those used in the house or residential dwelling erected on such lots. 5. DEVELOPERS RIGHT TO AMEND Notwithstanding anything else to the contrary, the Developer reserves the right solely unto itselfto amend these restrictions at any time as to any particular lot or lots. 6. GENERAL PROHIBITIONS AND REQUIREMENTS A. No temporary house, trailer, tent, garage or other outbuilding shall be placed or erected on any lot, provided, however, that the Developer may grant permission for any such temporary structure for storage of materials during construction. No such temporary structures as may be approved shall be used as a dwelling place. B. Once construction of improvements is started on any lot, the improvements must be substantially completed in accordance with plans and specifications within six (6) months from the commencement date. C. No house or residence containing less than eighteen hundred (1800) square feet of living area overall and twelve hundred (1200) square feet of living area on the main floor shall be constructed on any homesites or lot in this Subdivision. "Living area" shall be construed to mean floor space, exclusive of galleries, porches, porte-cocheres, garages, overhanging roofs, steps, basements and attics. There shall be no mobile homes or doublewide mobile homes allowed on any lot in the Subdivision. Permission in writing must be obtained from Developers before any factory constructed homes or modular homes are constructed on any lot in the Subdivision. D. No residence shall be occupied until the same has been substantially completed in accordance with its plans and specifications. E. All structures constructed or placed on any lot shall be built of substantially new material and no used structures shall be relocated or placed on any such lot. F. No animals or livestock of any description, except the usual household pets, shall be kept an any lot. G. No stripped, partially wrecked, or junk motor vehicle, or part thereof, shall be permitted to be parked or kept on any lot. H. Every fuel storage tank shall be buried below the surface of the ground or screened by fencing or shrubbery to the satisfaction of the Developer. Every outdoor receptacle for ashes, trash, rubbish or garbage shall be installed underground, screened or S9 placed and kept as not to be visible from any street or recreation area. I. All outdoor clothes poles, clothes lines and similar equipment shall be so placed or screened by shrubbery as not to be visible from any street. J. A lien will be tiled on each lot by the Bristol Electric System for part of the cost of underground electrical service. This lien will be released when a house is constructed on lot and an electric water heater and an electric heat pump are installed that are approved by the Bristol Electric System. K. All lots, whether occupied or unoccupied, shall be well-maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted. 2

3 0494 eoox 2832C PAGE 0494 L. No noxious, offensive or illegal activities shall be carried on any lot nor shall anything be done on any lot that shall be or become an unreasonable annoyance or nuisance to the neighborhood. M.. No oil or natural gas drilling, refining, quarrying or mining operations of any kind shall be permitted upon or in any Jot and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot. N. Any dwelling which may be destroyed in whole or in part by fire, windstorm or for any other cause or act of God must be rebuilt or all debris removed and the lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain longer than six (6) months. O. No trash, ashes, garbage or other refuge shall be dumped or stored or accumulated on any lot in the Subdivision. In the event that the owner of any lot permits trash to collect on the same and on request fails to remove the trash within thirty (30) days, agents of the Developer may enter upon the said lot to remove the trash, without such entrance and removal being deemed a trespass, all lit the expense of the owner of said lot This provision shall not be construed as an obligation on the part of the Developer to provide trash removal service. No outside burning of trash, garbage or household refuse shall be permitted. P. Each lot owner shall provide space for parking two (2) automobiles off the street prior to the occupancy of any dwelling constructed on said lot. In no event shall any vehicle be allowed to park on the street on a regular basis or for periods in excess of24 hours. Q. No lot shall be subdivided or its boundary lines changed except with the written consent ofthe Developer. However, the Developer hereby expressly reserves to itself, its successors said Subdivision, or assigns, the right to replat any two or more lots shown on the plat of any section, block or part thereof prior to delivery of deed in order to create a modified building lot or lots. The restrictions and covenants herein apply to each building lot so created. R. Fencing shall be constructed of picket, split rail, wood, brick, iron or stone. Chain link fences shall be allowed only from the rear comers of the house to the rear of the lot and across the rear of the lot between the rear comers of the lot. No chain link fences shall be allowed in either the front or side yards. S. No concrete, cinder or other blocks shall be used for exterior walls above ground. All foundations up to the ground floor shall be enclosed. No asbestos shingles shall be used on the exterior walls. T. All residences constructed shall include driveways surfaced with asphalt, concrete, aggregate or brick. No gravel or dirt driveways will be allowed. U. No satellite dishes of over one (1) meter shall be allowed. V. No boat, water craft, motor home, R. V. or camper shall be permitted on any lot designated as a building site, unless the same shall be located totally within the garage or any storage building located on any lot so that the same is not exposed or stored in any open area. A deeded site has been designated for each property owner in the Subdivision. W. Common areas, boat launching area, R. V. storage area and entrance will be maintained by the property owners as called for by the Lake's Edge Property Owners Association Bylaws. These areas are to be maintained on an appropriate schedule. (1) Boundary lines of Lot 34 which is the boat launching area and the R.V. storage area and the street joining this lot will change slightly when Section B is developed. X. Maintenance of individual storage areas will be the responsibility of the property owner assigned that ares. 3

4 0495 BOOK 2832C PAGE 0495 Y. The owners of lots 1 through 4 of Massengill Meadows Subdivision shall have the right to use the boat launching ramp and adjoining parking area and will pay a yearly fee for upkeep and maintenance. owners. This fee will not be more than that charged to Lake's Edge Z. There will be a SO' building setback from the 1390' Boone Lake elevation line on lots II through LAKE'S EDGE OWNERS ASSOCIATION. INC. A. Every person acquiring title, legal or equitable, to any lot in the Lake's Edge Subdivision, shall become a member of the Lake's Edge Property Owners Association, Inc., hereinabove and hereinafter referred to as Association, and so long as said person is the owner of any such lot, said person must remain a member of the Association. B. The primary reason for having a Lake's Edge Property Owners Association is to maintain the boat launching ramp, parking area and the R. V. storage area. The Association will also maintain the area around the entrance as necessary. C. Such membership is not intended to apply to those persons who hold an interest in any lot or unit merely as a security For the performance of an obligation to pay money, for example a mortgage or deed of trust. However, if such person should realize upon his security and become the real owner of a lot, he will then be subject to all the requirements and limitations imposed in these restrictions and agreements on owners of lots within the Subdivision and on members of the Association including those provisions with respect to payment of annual charges, O. The Association shall have all the power that are set out in its articles of incorporation and all other powers that belong to it by operation of law, including, but not limited to, the power to levy against every member of the Association a uniform annual charge per single family residential lot within the Subdivision, the amount of said charge to be determined by the board of directors of the Association, but never to be less than $50.00 per year payable on January 2nd of each year, after consideration of current maintenance needs and future needs of the Association, for the purpose set forth in its articles of incorporation. No such charges shall ever be made against, or payable by, the developers or by the Association itself. Every such charge so made shall be paid by the member to the Association, or its designee, on or before the due date established by the Association. The board of directors of the Association shall fix the amount charge per lot at least thirty (30) days before the due date and written notice of the charge so fixed shall be sent to each member. If any such charge shall not be paid when due, it shall bear interest from the date of the delinquency at the rate of ten percent (10"10) per annum. The annual charge shall, if unpaid within thirty (30) days of its due date, become a lien or encumbrance upon the land and acceptance of each deed, not including acceptance by mortgagee, shall be construed 'to be a covenant to pay the charge. The Association may publish the names of the delinquent members, and may record a lien to secure payment of the unpaid charge plus cost and a reasonable attorney's fee. Each such lien may be foreclosed at any time. In addition to the remedy of lien foreclosure, the Association shall have the right to sue for such unpaid charges, interest cost, and reasonable attorney's fees, in any court of competent jurisdiction as for a debt owed by any delinquent member to the Association. Every person who shall become the owner of the title, legal or equitable, to any lot in the Subdivision by any means shall be conclusively held to have covenanted to pay the Association, or its designee, all charges that the Association shall 4

5 0496 '''-' make pursuant to any paragraph or subparagraph or these restrictions. Any lot acquired is taken subject to the lien for any prior or unpaid charges. BOOK 2832C PAGE 0496 E. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association certifying that the charges on a specified lot have been paid or that certain charges against said lot remain unpaid, as the case may be. F. The fund accumulated as the result of the charges levied by the Association shall be used exclusively, except for payment of Association operating expenses, for the boat launching ramp and parking area, improvement thereon, recorded in accordance with the applicable state laws, shall be, from the date of recordation, superior to any and all such lien provided for herein. G. The board of directors of the Association shall have the right to suspend the voting rights, if any, of any member, for any period during which any Association charge, including the charges and the fines, if any, hereinabove set forth, owed by the member to the Association remains unpaid and/or.during the period of any continuing violation of the restrictive covenants of the Subdivision, after the existence ofthe violation shall have been declared by the board of directors of the Association. H. The grantee of any lot subject to the coverage of this declaration, by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from the developers or any subsequent owners of such lot, shall accept such deed or contract upon and subject to each and all of these restrictions and the agreements therein contained, and also the jurisdiction, rights and p~wers of the developers, and by such acceptance shall for himself, his heirs, personal representatives, successors and assigns, covenant, _consent and agree to and with the developers, and to and with the grantees and subsequent owners of each of the lots within the subdivisions to keep, observe, comply with and perform said restrictions and agreements. I. Each such grantee also agrees, by such acceptance, to assume as against the developers, their successors and assigns, all of the risks and, hazards of ownership of occupancy attendant to such lot. 1. At such time as the Developers shall, in their sole discretion, determine that it is in the best interest of Lake's Edge Subdivision to transfer to the Lake's Edge Property Owners Association, Inc., -any of the powers, authority, decision making powers, and responsibilities or obligations reserved to and/or imposed upon the Developers within this Declaration of Restrictions and Common Grounds Agreement, the Developers shall have the power and authority to do so, but shall not be obligated to, in and manner, transfer said powers, authority, decision making powers, responsibilities or obligations, or any of said powers, authority, decision making powers, responsibilities or obligations, it being expressly agreed and understood that until the Developers do so, said Developers shall retain any and all powers, authority, decision making powers and any responsibilities or obligations given to or reserved unto them under this Declaration of Restrictions and Common Grounds Agreement. 8. EASEMENTS A. The Developer reserves for.itself, its successors and assigns, for purposes incident to its development of the real property subject to these restrictions, the following easements and I or right-of-way: (1) A IS foot easement and right-of-way over each lot as the Developer may deem necessary for the use and maintenance of storm and sanitary sewers and the installation of utility services

6 0497 BOOK 2832C PAGE 0497 (2) A 10-foot wide easement along each side of all road right-of-way and an foot wide easement along all other property boundary lines for the purpose of. installing, operating and maintaining utility lines and mains. (3) It also reserves the right to trim, cut and remove any trees and brush wherever necessary for the installation, operation and maintenance, together with the right to install, operate and maintain gas, water and sewer mains and other services for the convenience of the property owners and appurtenances thereto. B. On each lot, the right-of-way and easement areas reserved by the Developer or dedicated to public utilities purposes shall be maintained continuously by the lot owner but no structures, plantings or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with the installation or maintenance of utilities, which may change the direction of flow of drainage channels in the easement, which may obstruct or retard the flow of water through drainage channels in the easements, or interfere with established slope ratios or create erosion or sliding problems provided, however, that where the existing location of a drainage channel would hinder the orderly development of a lot the drainage channel may be relocated, provided such relocation does not cause an encroachment on any other lot in the Subdivision. Improvements within such areas shall also be maintained by the respective lot except for those for which a public authority or utility is,responsible. 9. REMEDIES A. The Developer, any property owner or any party to whose benefit these restrictions inure may proceed at law or in equity to prevent the occurrence or continuation of violation of any of these restrictions and the court in any such action shall award the successful party reasonable expenses in prosecuting such action; including attorneys fees. B. The remedies hereby specified are cumulative, and this specification of them shall not be taken to preclude an aggrieved party's resort to any other remedy at law, in equity; or under any statute. C. No delay or failure on the part of the Developer or an aggrieved party to invoke an available remedy in respect of a violation of any of these restrictions shall be held to be a waiver by that party of (or an estoppel of that party to assert) any right available to him upon the recurrence or continuation of said violation of the occurrence of a different violation. 10. GRANTEE'S ACCEPTANCE A. The grantee of any lot subject to the coverage of this Declaration, by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof whether from the Developer or a subsequent owner of such lot, shall accept such deed or contract upon and subject to each and all of these restrictions and the agreements therein contained, and also the jurisdiction, rights and powers of the Developer, and by such acceptance shall for himself, his heirs, personal representatives, successors and assigns, covenant, consent and agree to and with the Developer and to and with the grantees and subsequent owners of each and perform said restrictions and agreements. B. Each such grantee also agrees, by such acceptance, to assume as against the Developer, its successors and assigns, all risks and hazards of ownership of occupancy attendant to such lot. 6

7 0498 C. Each such grantee whose lots are adjacent to available underground electrical service, if any, also agree to complete the underground secondary electrical service to their respective residences. n. SEVERABILITY BOOK 2832C PAGE 0498 Every one of the restrictions is hereby declared to be independent of and severable from the rest of the restrictions. Therefore, if any of the restrictions shall be held to be invalid or to be unenforceable or to lack the quality of running with the land, that holding shall be without effect upon the validity, enforceability, or "running" quality of any other one ofthe restrictions. 12. CAPTIONS The captions preceding the various paragraphs and subparagraphs of these restrictions are for convenience of reference only, and one of them shall be used as an aid to the construction of any provision of the restrictions, Wherever and whenever applicable the singular form of any work shall be taken to mean or apply to the plural, and the masculine from shall be taken to mean or apply to the feminine or to the neuter. STATE OF TENNESSEE COUNTY OF CARTER Linda S. Shell IlARY LOU DUNCAN REGISTER OF DEEDS SULLIVAN COUNTY, 1l:NNESSEE 20 Noy 2009 llne 10:45 a BQ()Jt 2I32C PAGE o.t92 TAX C Cf fee lotal RECEIPT NO G054 Personally appeared before me, the undersigned authority, a Notary Public in and for said State and County the within named THOMAS D. SHELL and LINDA S. SHELL with whom I am personally acquainted, or proved to me on the basis of satisfactory evidence, and who acknowledged that they executed the within instrument for the purposes therein contained. WI'I'rnESS my hand and off icf.ar seal at office on this?-o day of ~DJ, My Commission Expires: 7

RESTRICTIONS. Adopted February 1988 Recorded in Misc. Deed Book 85, page

RESTRICTIONS. Adopted February 1988 Recorded in Misc. Deed Book 85, page RESTRICTIONS Adopted February 1988 Recorded in Misc. Deed Book 85, page 530-544 All of the Restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title