q q STATE OF SOUTH CAROLNA COUNTY OF SPARTANBURG DEE-2011-28572 Recorded 4 Pages on 8/16/2011 11 :30:05 AM Recordng Fee: $10.00 Documentary Stamps: $0.00 Offce of Regster of Deeds, Spartanburg, S.C. Dorothy!"#$%&'()*+,-./ DECLARATON OF COVENANTS, CONDTONS, AND RESTRCTONS FOR CANDLEWOOD SUBDVSON SECTON PHASES 3-E AND 3-F WHEREAS, Slow Creek Holdngs, LLC, (herenafter referred to as "Declarantll) a South Carolna Lmted Lablty Corporaton, s the owner of a certan tracts of land n Spartanburg County known as Candlewood Secton, Phase 3-E recorded n Plat Book \ D at page and Candlewood Secton, Phase 3F recorded n Plat Book l&lp at page \ \ n order to preserve the character of the project as a resdental area and to protect the same from uses nconsstent therewth, the Declarant does hereby covenant and agree on behalf of tself, ts successors and assgns, wth all persons who shall hereafter purchase any of the sad property to mpose these covenants, condtons, and restrctons. 1. These covenants are to run wth the land and shall be bndng on all partes and all persons clamng under them untl January 1, 2021, at whch tme sad covenants shall be automatcally extended for sucõessve perods of ten (10) years. For so long as Declarant owns one or more lots wthn the subdvson, changes to the sad covenants may be made pursuant to Paragraph 14 hereof. At such tme as Declarant does not own any lots wthn the subdvson, changes to the sad covenants, n whole or n part, may be made by approval of 75% of the lots owners. 2. f the partes hereto, or any of them or ther hers or assgns, shall volate or attempt to volate any of the covenants heren, t shall be lawful for the Declarant or any other person or persons ownng any real property stuated n sad development or subdvson to prosecute any proceedngs at law or n equty aganst the person or persons volatng or attemptng to volate any such covenant and ether to prevent hm or them from dong so or to recover damages or other dues for such volaton and reasonable attorney fees. 3. nvaldaton of any one of these covenants by judgment or court order shall n no way affect any of the other provsons, reman n full force and effect. whch shall 4. All lots delneated and lad out on the sad plat shall be known and descrbed as resdental lots and shall not be used for busness
DEL: purposes n any manner.. No structure shall be erected, altered, placed or permtted to reman on any resdental buldng lot other than one sngle famly detached dwellng not to exceed two (2) stores n heght and a prvate garage and/or carport for not more than three(3)cars. t s expressly prohbted to erect any other structure for habtaton on a lot. 5. No noxous or offensve trade or actvty shall be carred on upon any lot nor shall anythng be done thereon whch may be or become an annoyance or nusance to the neghborhood. 6. No traler, basement, tent, shack, garage, barn or other outbuldng erected n the subdvson shown on sad plat shall at any tme be used as resdence temporarly or permanently nor shall any structure of a temporary character be used as a resdence; no dwellng house shall be occuped or made use of on any lot unless thoroughly and absolutely completed and no buldng shall be occuped as lvng quarters whle the dwellng house s under constructon or whle awatng the constructon of sad dwellng house. 7. No one-story dwellng shall have less than 1, 000 square feet of heated lvng space. Ths does not nclude porches, carports, breezeways, or garages. Lvng space shall be determned by measurng the outsde dmensons of the buldng, whch encompasses heated and ar-condtoned spaces. Two story dwellngs shall have not less than 1,100 square feet of dwellng area. 8. No structure of any knd shall be erected, nstalled, altered or mantaned on any lot untl and unless the complete desgn, plans, specfcatons and locaton shall have been approved n the wrtng by the Declarant. All plans must be approved or dsapproved by the Declarant wthn thrty (30) days after they have been submtted and n the event no dsapproval s made wthn thrty (30) days the plans shall be deemed to have been approved. At such tme as the Declarant shall have not held ttle to any lot subject to these covenants for a perod of twelve months the rght of the Declarant hereunder shall pass to the property owners. 9. No fence shall be erected around the front lnes of any lot or the front yard of any dwellng n ths subdvson, except a small ornamental fence not to exceed thrty-sx (36") nches n heght to the front corner of the dwellng. Prvacy fences on the sdes of a lot from the front corner of a dwellng to the rear property corners and along the back of the lot not to exceed sx (6') feet n heght shall be allowed. Desgn and locaton of fences must be approved pursuant paragraph #8 hereof. 10. No satellte dshes, antennas or other unsghtly structures
z. r& h11 shall be peropl on zaffllblpf wthout proper screenng approved pursuant paragraph #8 hereof. 11. Any motor home, campng traler, motorcycle, motor bcycle and/or smlar equpment used for personal enjoyment of a resdent of a lot shall at all tmes be screened and parked to the rear of the dwellng or completely wthn the garage and shall not be parked n the front or sde thereof. Such equpment shall at all tmes be neatly stored and postoned to be nconspcuous. 13. Any dsabled or wrecked vehcle, and/or smlar equpment or vehcles shall be at all tmes parked completely wthn a garage and shall at all tmes be neatly stored and postoned to be nconspcuous. 14. The Declarant reserves the rght to amend these covenants or to correct any typographcal or other techncal errors wthout the consent of any other party as long as t holds ttle to any lot subject to these covenants. 15. No anmals or poultry, except house pets, shall be kept or mantaned on any lot n the subdvson. No house pets shall be allowed to become a nusance. Pets shall not be kept for breedng and sale of offsprng. 16. No used buldng whch has been torn down and removed n unts from any other locaton shall be erected or placed on any other lot or lots, but ths shall not prevent the erecton of a buldng from materal, whch may have been salvaged from other buldngs. 17. All papers and nstruments herenabove provded for to be fled wth or submtted to the Developer shall be delvered personally or sent by Regstered or Certfed Mal Return Recept Requested to 103 Sweet Brar Road, Greenvlle, SC 29615, Attn: Joe Thomason, or any such other address as the Declarant shall specfy. 18. All resdences and other structures, except fences upon any of the resdental lots shall be set back from street or roadway on whch sad lot adjons and shall be set back from any other boundary lne of the sad lot as provded for by Spartanburg County zonng regulatons. 19. An easement shall exst along the front and rear lot lne over, under and upon a strp of land ten (10' ) feet n wdth and upon a strp of land fve (5') feet n wdth on the sde lnes of each lot for the constructon, dranage, operaton and mantenance of ppes, wres, and conduts for the transmsson and conveyance of electrcty, communcaton, gas, water, sewage, and dranage together wth the constructon and mantenance of supports and dstrbutng l 1 f g
,.. '... apparatus appertanng thereto, or to any other publc or quas-'publc servce. N WTNESS WHEREOF, Slow Creek Holdngs, LLC to be sgned and sealed n \\j name by thereunto duly authorze ths day of has caused these presents ts Managng Member and Ary wtft, 2 11. Sgned, sealed and delvered SLOW CREEK HOLDNGS, LLC STATE OF SOUTH CAROLNA COUNTY OF SPARTANBURG The wthn nstrument was acknowledged before me by ts maker. SWORN to before me ths ( Day of, 2011. t c:;/ / Notary Publc for South Carolna My commsson expres:. *-..... " ;,,..,..... f r" : -..,.....,, "'
w PG STATE t1 OF $OUTH CAROLNA COUNTY OF SPARTANBURG DEE-2012-23999 Recorded 4 Pages on 6/5/2012 l 1:57:lO AM Recordng Fee: $10.00 Documentary Stamps: $0.00 Offce of Regster of Deeds, Spartanburg, S.C. Dorothy!"#$%&'()*+,-./0123456789:;<=>?@ABCDEF DECLARATON OF COVENANTS, CONDTONS, AND RESTRCTONS FOR CANDLEWOOD SUBDVSON SECTON PHASES 3-E AND 3-F WHEREAS, Slow Creek Holdngs, LLC, (herenafter referred to as "De9larant") a South Carolna Lmted Lablty Corporaton, s the owner of a certan tracts of land n Sp;rtanburg County known as Porton Phase 1 - Secton 3F CANDLEWOOD recorded n Plat Book J b at page J l) n order to preserve the character of the project as a resdental area and to protect the same from uses nconsstent therewth, the Declarant does hereby covenant and agree on behalf of tself, ts successors and assgns, wth all persons who shall hereafter purchase any of the sad property to mpose these covenants, condtons, and restrctons. 1. These covenants are to run wth the land and shall be bndng on all partes and all persons clamng under them untl January 1, 2021, at whch tme sad covenants shall be automatcally extended for successve perods of ten (10) years. For so long as Declarant owns one or more lots wthn the subdvson, changes to sad covenants may be made pursuant to Paragraph 14 hereof. At such tme as Declarant does not own any lots wthn the subdvson, changes to sad covenants, n whole or n part, may be made by approval of 75% of lot owners. 2. f the partes hereto, or any of them or ther hers or assgns, shall volate or attempt to volate any of the covenants heren, t shall be lawful for the Declarant or any other person or persons ownng any real property stuated n sad development or subdvson to prosecute any proceedngs at law or n equty aganst the person or persons volatng or attemptng to volate any such covenant and ether to prevent hm or them from dong so or to recover damages or other dues for such volaton and reasonable attorney fees. 3. nvaldaton of any one of these covenants by judgment or court order shall n no way affect any of the other provsons, whch shall reman n full force and effect. 4. All lots delneated and lad out on the sad plat shall be known and descrbed as resdental lots and shall not be used for busness! ' f! f t
,,. purposes n any manner. No structure shall be erected, altered, pl'a:ced or permtted to reman on any resdental buldng lot other than one sngle famly detached dwellng not to exceed two (2) stores n: heght and a prvate garage and/or carport for not more than three(3)cars. t s expressly prohbted to erect any other structure for habtaton on a lot. 5. No noxous or offensve trade or actvty shall be carred on upon any lot.nor shall anythng be done thereon whch may be or become an annoyance or nusance to the neghborhood. 6. No traler, basement, tent, shack, garage, barn or other outbuldng erected n the subdvson shown on sad plat shall at any tme be used as resdence temporarly or permanently nor shall any structure of a temporary character be used as a resdence; no dwellng house shall be occuped or made use of on any lot unless thoroughly and absolutely completed and no buldng shall be occuped as lvng quarters whle the dwellng house s under constructon or whle awatng the constructon of sad dwellng house. 7. No one-story dwellng shall have less than 1, 000.square feet of heated lvng space. Ths does not nclude porches, carports, breezeways, or garages. Lvng space shall be determned by measurng the outsde dmensons of the buldng, whch encompasses heated and ar-condtoned spaces. Two story dwellngs shall have not less than 1,100 square feet of dwellng area. 8. No structure of any knd shall be erected, nstalled, altered or mantaned on any lot untl and unless the complete desgn, plans, specfcatons and locaton shall have been approved n the wrtng by the Declarant. All plans must be approved or dsapproved by the Declarant wthn thrty (30) days after they have been submtted and n the event no dsapproval s made wthn thrty (30) days the plans shall be deemed to have been approved. At such tme as the Declarant shall have not held ttle to any lot subject to these covenants for a perod of twelve months the rght of the Declarant hereunder shall pass to the property owners. 9. No fence shall be erected around the front lnes of any lot or the front yard of any dwellng n ths subdvson, except a small ornamental fence not to exceed thrty-sx (36") nches n heght to the front corner of the dwellng. Prvacy fences on the sdes of a lot from the front corner of a dwellng to the rear property corners and along the back of the lot not to exceed sx (6') feet n heght shall be allowed. Desgn and locaton of fences must be approved pursuant paragraph #8 hereof. 10. No satellte dshes, antennas or other unsghtly structures
PS sha'1 be permtted on any lot wthout proper screenng approved pu,sqant paragraph #8 hereof. 11. Any motor home, campng traler, motorcycle, motor bcycle and/or smlar equpment used for personal enjoyment of a resdent of a lot shall at all tmes be screened and parked to the rear of the dwellng or completely wthn the garage and shall not be parked n the front or sde thereof. Such equpment shall at all tmes be neatly stored and postoned to be nconspcuous. 13. Any dsabled or wrecked vehcle, and/or smlar equpment or vehcles shall be at all tmes parked completely wthn a garage and shall at all tmes be neatly stored and postoned to be nconspcuous. 14. The Declarant reserves the rght correct any typographcal or other consent of any other party as long subject to these covenants. to amend these covenants or to techncal errors wthout the as t holds ttle to any lot 15. No anmals or poultry, except house pets, shall be kept or mantaned on any lot n the subdvson. No house pets shall be allowed to become a nusance. Pets shall not be kept for breedng and sale of offsprng. 16. No used buldng whch has been torn down and removed n unts from any other locaton shall be erected or placed on any other lot or lots, but ths shall not prevent the erecton of a buldng from materal, whch may have been salvaged from other buldngs. 17. All papers and nstruments herenabove provded for to be fled wth or submtted to the Developer shall be delvered personally or sent by Regstered or Certfed Mal Return Recept Requested to 103 Sweet Brar Road, Greenvlle, SC 29615, Attn: Joe Thomason, or any such other address as the Declarant shall specfy. 18. All resdences and other structures, except fences upon any of the resdental lots shall be set back from street or roadway on whch sad lot adjons and shall be set back from any other boundary lne of the sad lot as provded for by Spartanburg County zonng regulatons. 19. An easement shall exst along the front and rear lot lne over, under and upon a strp of land ten (10') feet n wdth and upon a strp of land fve (5') feet n wdth on the sde lnes of each lot for the constructon, dranage, operaton and mantenance of ppes, wres, and conduts for the transmsson and conveyance of electrcty, communcaton, gas, water, sewage, and dranage together wth the constructon and mantenance of supports and dstrbutng
apparatus appertanng thereto, or to any other publc or quas-publc to N se.rvd.oe WTNESS. be sgned WHEREOF, and sealed Slow Creek n Holdngs, ts name LLC by has ts caused Managng these Member presents thereunto duly authorze ths and day of F, 2012. Sgned, sealed and delvered SLOW CREEK HOLDNGS, LLC n the presence of: STRTEGC Managng REAL Member ESTATE MGT, LLC W PG STATE OF SOUTH CAROLNA COUNTY OF SPARTANBURG The wthn nstrument was acknowledged before me by ts maker. SWORN to before ths Day of 2012. me JJ\'\lll,{, r.wmou Notary Publc for South Carolna My Commsson Expres My commsson expres: October 3112917,,, -; \!.. ',,.,
D PG695 FRST AMENDMENT TO THE DECLARATON OF COVENANTS, CONDTONS, RESTRCTONS FOR CANDLEWOOD SUBDVSON SECTON PHASES 3-E AND 3-F THS FRST AMENDMENT TO DECLARATON OF COVENANTS, CONDTONS, RESTRCTONS FOR CANDLEWOOD SUBDVSON SECTON PHASES 3-E AND 3-F (the "Amendment"), made on the date herenafter set forth by SLOW CREEK HOLDNGS, LLC, a South Carolna Lmted Lablty Company (together wth ts successors and assgns herenafter referred to as "SCH" or "Declarant"). WTNESS ETH: WHEREAS, SCH s the Declarant (as that term s used n the Declaraton, herenafter defned) over certan property n the County of Spartanburq, State of South Carolna (collectvely, the "Propertes"), whch s more partcularly descrbed as: ALL that certan pece parcel or lot of land stuate, lyng and beng n the State of South Carolna, County of Spartanburg beng shown and desgnated as Lots 46-50, 53-68, 124, 125, 126, 139, 141, 142, 145-154 and 269 as shown on plat of Candlewood Subdvson recorded n Plat Book 160 at Page 270 and havng, accordng to sad plat, metes and bounds as shown thereon. ALSO, All that certan pece parcel or lot of land stuate, lyng and beng n the State of South Carolna, County of Spartanburg beng shown and desgnated as 11. 75 acres more or less, on a plat enttled "Fnal Plat Candlewood Subdvson, Phase - Secton 3F" recorded on Plat Book 166 at Page 101, and havng, accordng to sad plat, metes and bounds as shown thereon. Ths beng the same property conveyed to The Palmetto Bank by Deed of Gordon G. Cooper, Master n Equty for Spartanburg County recorded on March 30, 2010 n Deed Book 95-W, Page 275, and rerecorded on October 19, 2010 n Deed 97-D, Page 160, Spartanburg County records. j ' ( WHEREAS, the Propertes are subject to those Declaraton of Covenants, Condtons and Restrctons for Candlewood Subdvson Secton Phases 3-E and 3-F recorded n Deed Book 98-Z at Page 669; and Declaraton of Covenants, Condtons and Restrctons for Candlewood Subdvson Secton Phases 3-E and 3-F recorded n DEE-2015-4564 Recorded 37 Pages on 2/ &/2015 11 :34:31 AM Recordng Fee: $43.00 Documentary Stamps: $0.00
11(11180 PG696 > Deed Book 100-W at Page 735; as the same may be amended, renewed or extended from tme to tme n the manner heren provded (collectvely, the "Declaraton"); WHEREAS, SCH s the "Declarant" under the Declaraton; WHEREAS, Secton 1 and Secton 14 the Declaraton provdes that so long as the Declarant owns one or more of the Propertes, the Declaratons may be amended by the Declarant wthout the approval of any other party; and WHEREAS, as of the date of ths Amendment, the Declarant holds ttle to one or more of the Propertes, and Declarant desres to amend the Declaraton on the terms set forth heren. NOW, THEREFORE, SCH, as Declarant under the Declaraton pursuant to the terms of the Declaraton, hereby declares that the Declaraton s hereby amended as set forth n ths Amendment and that all of the Propertes shall be held, sold and conveyed subject to the followng easements, restrctons, covenants, and condtons, whch are for the purpose of protectng the value and desrablty of, and whch shall run wth, the real property and be bndng on all partes havng any rght, ttle or nterest n the descrbed propertes or any part thereof, ther hers, successors and assgns, and shall nure to the beneft of each owner thereof. ARTCLE DEFNED TERMS SECTON 1. Except as expressly modfed heren, all terms used heren that are defned n the Declaraton shall have the same meanngs heren as set forth theren. All references n the Declaraton to the "Declaraton" shall henceforth mean and refer to the Declaraton, as amended by ths Amendment. SECTON 2. The ttle of the Declaraton shall be fxed to correct a scrvener error. The Declaraton shall now be "Declaraton of Covenants, Condtons and Restrctons for Candlewood Subdvson Phase Sectons 3-E and 3-F". SECTON 3. The followng terms wll be added to the Declaraton: a. "Approved Bulder" shall mean and refer to any bulder whch may be selected by Declarant to buy Lots and to construct homes for sale on the Propertes. For avodance of doubt, D.R. Horton, nc. s an Approved Bulder. b. "Assocaton" shall mean and refer to the Candlewood Property Owners Assocaton, nc., ts successors and assgns whch the Declarant shall ncorporate under the law of the State of South Carolna as a non-proft corporaton. c. "Board of Drectors" or "Board" shall mean and refer to the body responsble for admnsterng the Assocaton, selected as provded n the Bylaws and servng the same role as the board of drectors under South Carolna corporate law.! f ( '! ' d. "Bylaws" shall mean and refer the Bylaws of Candlewood Property
llll 11 D PG697 Owners Assocaton, nc., attached for nformatonal purposes as Exhbt "A" as the same may be amended. e. "Declarant" shall mean and refer to SLOW CREEK HOLDNGS, LLC, as well as ts successors and assgns, f Declarant shall make an express conveyance of ts rghts as developer hereunder to such successor or assgn. At such tme as Declarant no longer s the Owner of a Lot, the rghts of Declarant under ths Declaraton shall nure wthout further acton to the Assocaton. f. "Declaraton" shall mean and refer to hs Declaraton of Covenants, Condtons and Restrctons for Candlewood Subdvson Phase Sectons 3-E and 3-F, as t may be amended or supplemented from tme to tme. g. "Lot" shall mean and refer to portons of the Propertes shown as separately numbered plot of land shown upon any recorded subdvson map of the Candlewood Subdvson more partcularly set forth n Plat Book 160 at Page 270 and that 11.75 acres more or less, on a plat enttled "Fnal Plat Candlewood Subdvson, Phase - Secton 3F" recorded on Plat Book 166 at Page 101, whch may be ndependently owned and s ntended for development, use, and occupancy as a detached sngle-famly resdence. The term shall refer to the land, f any, whch s part of the Lot as well as any mprovements thereon. h. "Member" shall mean and refer to every person or entty who holds membershp wth votng rghts n the Assocaton.. "Owner" shall mean and refer to one or more Persons who hold the record fee smple ttle to any Lot, but excludng n all cases any party holdng an nterest merely as securty for the performance of an oblgaton. j. "Person" shall mean and refer to an ndvdual, corporaton, lmted lablty company, partnershp, trustee, or any other legal entty. k. "Property" and "Propertes" shall mean and refer to the real property descrbed n the Rectals of the FRST AMENDMENT TO DECLARATON OF COVENANTS, CONDTONS, RESTRCTONS FOR CANDLEWOOD SUBDVSON SECTON PHASES 3-E AND 3-F.. "Rules and Regulatons" shall mean and refer to the rules and regulatons set forth n Exhbt ''B," as they may be supplemented and modfed by the Declarant and or Board. ARTCLE AMENDMENTS TO THE DECLARATON SECTON 1. Except as otherwse expressly specfed heren, the Declaraton s hereby amended as of the date of ths Amendment. SECTON 2. Secton 14 of the Declaraton shall be amended by addng the followng sentence:
0 PG698 Notwthstandng the forgong, the Declaraton shall not be amended or modfed wthout the pror wrtten consent of the Approved Bulder(s). SECTON 3. The followng Sectons and subsectons wll be added to the Declaraton: SECTON 20 MEMBERSHP AND VOTNG RGHTS SECTON 20.1 MEMBERSHP. Every Owner shall be a Member of the Assocaton. Membershp shall be appurtenant to and may not be separated from ownershp of a Lot. f r SECTON VOTNG RGHTS: Votng rghts of the Members shall be appurtenant to the ownershp of the Lots. There shall be two classes of Members wth respect to votng whch are as follows: (a) Class A: "Class A Members" shall be all Owners, except the Class B Member(s). As to all matters wth respect to whch Members are gven the rght to vote, each Member shall be enttled to one (1) vote for each Lot he or she owns. n any stuaton where a Class A Member s enttled to exercse the vote for hs or her Lot, and there s more than one Owner of such Lot, the vote for such Lot shall be exercsed as the co-owners determne among themselves and advse the Secretary of the Assocaton n wrtng pror to the vote beng taken. Absent such advce, the Lot's vote shall be suspended f more than one Person seeks to exercse t. Owners not n good standng wth the Assocaton and whose Assements are not pad current are not allowed to mantan votng rghts. (b) Class B: "Class B Member(s)" means the Declarant and any Approved Bulder(s) who own a Lot, and shall be enttled to three (3) votes for each Lot owned by Declarant or Approved Bulder(s), respectvely. The Class B Membershp shall cease and be converted to Class A Membershp when Declarant and any Approved Bulder(s} elect by wrtten notce to the Assocaton to convert ther Class B membershp to Class A Membershp or when the last Lot s transferred by deed to an entty or ndvdual other than the Declarant or an Approved Bulder. Secton 20.3. TRANSFER OF MEMBERSHP. Membershp n the Assocaton s appurtenant to Lot ownershp and shall not be assgned, transferred, pledged, hypothecated, conveyed, or alenated n any way except upon a transfer of ttle to such Lot, and then only to the transferee. Any prohbted transfer of an Assocaton membershp shall be vod and of no force or effect. Any transfer of ttle or nterest to a Lot shall operate automatcally to transfer the appurtenant membershp rghts n the Assocaton to the new Owner. Pror to any transfer of ttle to such a Lot, the transferrng Owner, other than the Declarant or any Approved Bulder shall gve seven (7) days pror wrtten notce to the Board of such transfer, whch shall nclude the name and address of the acqurng Owner and the date of transfer.
BG6 SECTON 21 COVENANT FOR MANTENANCE AND ASSESSMENTS. SECTON 21.1 CREATON OF THE LEN AND PERSONAL OBLGATON OF ASSESSMENTS. The Declarant, for each Lot, hereby covenants, and each Owner, by acceptance of a deed therefor, whether or not t shall be so expressed n such deed, s deemed to covenant and agree to pay to the Assocaton (a) annual assessments or charges ("Annual Assessments") and (b) specal ndvdual assessments as more partcularly descrbed below ("Specal ndvdual Assessments"), such assessments to be establshed and collected as herenafter provded. The Annual Assessments and Specal ndvdual Assessments (collectvely, "Assessments" and, ndvdually an "Assessment"), together wth nterest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a contnung len upon the Lot aganst whch each such Assessment s made as of that date upon whch such Assessment s made and contnung untl pad. Each such fee and Assessment, together wth nterest, costs, and reasonable attorney's fees, shall also be the personal oblgaton of the person who was the Owner of such Lot at the tme when the Assessment fell due. The personal oblgaton for delnquent Assessments shall not pass to such Owner's successors n ttle unless expressly assumed by them, but shall reman a len upon the transferred Lot. Declarant agrees to subsdze all costs of the Assocaton untl sxty (60) Lots are sold to Class A Members. Notwthstandng the provsons of ths Secton, Lots owned by Declarant or Approved Bulder(s) shall be exempt from Assessments durng Declarant's or Approved Bulder(s)' ownershp of the Lot(s), and the Annual Assessment for such Lot(s) shall commence upon the date of sale of the Lot to a Class A Member. SECTON 21.2. PURPOSE OF ASSESSMENTS. (a) The Assessments leved by the Assocaton shall be used exclusvely to promote the, health, safety and welfare of the resdents of the Lots and n partcular for the procurement and mantenance of nsurance n accordance wth the Bylaws; the lghtng of streets (whether publc or prvate); the costs assocated wth dutes of managng the Assocaton; the employment of attorneys and other agents to represent the Assocaton when necessary; and such other needs as may arse. (b) All mones collected by the Assocaton shall be treated as the separate property of the Assocaton, and such mones may be appled by the Assocaton to the payment of any expense of operatng and managng the Assocaton, or to the proper undertakng of all acts and dutes mposed upon t by vrtue of ths Declaraton, the artcles of ncorporaton of the Assocaton and the Bylaws. As mones for any assessment are pad to the Assocaton by any Owner, the same may be commngled wth mones pad to the Assocaton by the other Owners. Although all funds and common surplus, ncludng other assets of the Assocaton, and any ncrements thereto or profts derved there from shall be held for the beneft of the Members, no Member shall have the rght to assgn, hypothecate, pledge or n any manner transfer hs membershp nterest theren, except as an appurtenance to hs Lot. When a Owner shall cease to be a Member by reason of hs dvestment of ownershp of hs Lot, by whatever means, the Assocaton shall not be requred to account to such Owner for any share of
PG the fund or assets of the Assocaton, or whch may have been pad to the Assocaton by such Owner, as all mones whch any Owner has pad to the Assocaton shall be and consttute an asset of the Assocaton whch may be used n the operaton and management of the Assocaton. SECTON 21.3. MAXMUM ANNUAL ASSESSMENT. Subject Secton 21.1, begnnng January 1, 2015, the ntal Annual Assessment shall be $150.00 per Lot, and shall be collected annually. (a) The maxmum Annual Assessment for the calendar year begnnng January 1, 2016 and for each calendar year thereafter shall be establshed by the Board of Drectors by preparaton of a budget and assessment of the charges based upon each Lot's pro rata porton of ths budget. For each calendar year thereafter, ths may be ncreased by the Board of Drectors wthout approval by the Members () an amount not to exceed ten percent (10%) of the maxmum annual assessment of the prevous year, or () by such sum s proportonally equal wth the ncrease n the Consumer Prce ndex for All Urban Consumers, publshed by the Department of Labor, Bureau of Labor Statstcs, whchever s greater. (b) The maxmum Annual Assessment for the calendar year begnnng January 1, 2016 and for each calendar year thereafter may be ncreased above ten (10%) percent of the maxmum Annual Assessment for the prevous year only by an affrmatve vote of two-thrds (2/3) of all Members who are votng n person or by proxy, at a meetng duly called for ths purpose. (c) The Board of Drectors may fx the Annual Assessment at an amount not n excess of the maxmum. The Board shall fx the amount of the Annual Assessment aganst each Lot at least thrty (30) days n advance of each Annual Assessment perod. Wrtten notce of the Annual Assessment shall be sent to every Owner subject thereto. The Assocaton shall, upon demand, and for a reasonable charge, furnsh a certfcate sgned by an offcer of the Assocaton settng forth whether the Assessments on a specfed Lot have been pad. A properly executed certfcate of the Assocaton as to the status of Assessments on a Lot s bndng upon the Assocaton as of the date of ts ssuance. (d) Wrtten notce of any meetng called for the purpose of takng any acton authorzed under ths Secton shall be sent to all Owners not less than thrty (30) days and no more than sxty (60) days n advance of the meetng. At the frst such meetng called, the presence of Members or of proxes enttled to cast forty (40%) percent of all the votes of each class of membershp shall consttute a quorum. f the requred quorum s not present, another meetng may be called subject to the same notce requrement, and the requred quorum at the subsequent meetng shall be one-half (Ö) of the requred quorum at the precedng meetng. No such subsequent meetng shall be held more than sxty (60) days followng the precedng meetng. f l ' l f r SECTON 21.4. SPECAL NDVDUAL ASSESSMENTS. n addton to the Annual Assessments, the Board shall have the power to levy a Specal ndvdual Assessment applcable to any partcular Owner for the payment of fnes, penaltes or other charges mposed aganst any Owner relatve to such Owner's falure to comply wth the terms and provsons of ths Declaraton, the Bylaws or
PG o l any Rules and Regulatons promulgated by the Assocaton or Declarant pursuant to ths Declaraton or the Bylaws. The due date of any Specal ndvdual Assessment leved pursuant to ths Secton shall be fxed n the Board's resoluton authorzng such Specal ndvdual Assessment. Upon the establshment of a Specal ndvdual Assessment, the Board shall send wrtten notce of the amount and due date of such Specal ndvdual Assessment to the affected Owner(s) at least ten (10) days pror to the date upon whch such Specal ndvdual Assessment shall be due. ; t SECTON 21.5 RATE OF ANNUAL ASSESSMENT. Annual Assessments must be fxed at a unform rate for all Lots. SECTON 21.6 EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDES OF THE ASSOCATON. Any Assessment not pad wthn thrty (30) days after the due date shall become delnquent and shall be subject to a late payment penalty of Twenty Fve and no/100 ($25.00) Dollars, and n addton thereto bear nterest from the due date at the rate of twelve percent (12%) per annum or the hghest rate allowed by law whchever s lower. The Assocaton may brng an acton at law aganst the Owner personally oblgated to pay the same and/or foreclose the len created heren aganst the Lot n the same manner as prescrbed by the laws of the State of South Carolna for the foreclosures of mortgage, and nterest, costs and reasonable attorney's fees for representaton of the Assocaton n such acton or foreclosure shall be added to the amount of such Assessment. No Owner may wave or otherwse escape lablty for payment of the Assessment provded for heren by abandonment of hs/her Lot nor shall damage to or destructon of any mprovements on any Lot by fre or other casualty result n any abatement or dmnuton of the Assessments provded for heren. The remedes heren provded shall not be exclusve, and the Assocaton may enforce any other remedes to collect delnquent assessments as may be provded by law. SECTON 21.7 SUBORDNATON OF THE LEN TO MORTGAGES. The len of the Assessments aganst a Lot provded for heren shall be subordnate to the len of any frst mortgage made n good fath and for value upon such Lot. Sale or transfer of any Lot shall not affect the assessment len or lens provded for n the precedng secton. However, the sale or transfer of any Lot whch s subject to any such frst mortgage or deed of trust, pursuant to a foreclosure thereof or any proceedng n leu of foreclosure thereof, shall extngush the len of such assessments as to the payment thereof whch become due pror to such sale or transfer. No such sale or transfer shall releve such Lot from lablty for any assessments thereafter becomng due or from the len thereof, but the lens provded for heren shall contnue to be subordnate to the len of any frst mortgage or deed of trust. SECTON 22 GENERAL PROVSONS SECTON 22.1. ENFORCEMENT. The Declarant, any Approved Bulder ( so long as t owns a Lot), the Assocaton, or any Owner, shall have the rght to enforce, by any proceedng at law or n equty, all restrctons, condtons, covenants, reservatons, lens and charges now or hereafter mposed by the provsons of the Declaraton, the artcles of ncorporaton of the Assocaton or
ft[e 8 8 2 Bylaws. The Declarant or the Assocaton shall have the rght to mpose Specal ndvdual Assessments for nfractons of such restrctons. n the event that the Declarant, any Owner, or the Assocaton resorts to ltgaton to remedy a volaton of ths Declaraton, such Owner, Declarant, any Approved Bulder or the Assocaton, as applcable, shall be enttled to recover court costs, reasonable attorneys' fees and expenses ncurred n connecton therewth, whch costs, fees and expenses may be leved as a Specal ndvdual Assessment aganst the offendng Owner's Lot and shall be a contnung len upon the Lot aganst whch each such enforcement s made. Each such enforcement together wth nterest, costs and reasonable attorney's fees, shall also be the personal oblgaton of the person who was the Owner of such Lot at the tme when the enforcement was requred. The personal oblgaton for the costs of enforcement shall not pass to the Owner's successors n ttle unless expressly assumed by them. Falure by the Declarant, Assocaton, an Approved Bulder or by any Owner to enforce any covenant or restrcton heren contaned shall n no event be deemed a waver of the r ht to do so thereafter. The Declarant, an Approved Bulder or the Assocaton shall have the rght to request that law enforcement, publc safety and anmal control offcers come on the Propertes to facltate the enforcement of the laws, codes and ordnances of any governmental authorty. n addton to the rghts and remedes herenabove enumerated, and not as any lmtaton thereof, f the Assocaton or the Declarant determnes that any provson of these Covenants has been volated, the Assocaton or the Declarant may, n ts dscreton, seek approprate relef at law or equty to assure that the purposes of these Covenants are fulflled. After havng gven thrty (30) days wrtten notce to the Owner of any Lot nvolved, settng forth the specfc volaton or breach of these Covenants and the acton requred to be taken by the Owner to remedy such volaton or breach and f, at the end of such tme, reasonable steps to accomplsh such acton have not been taken by the Owner, the Assocaton or the Declarant can enforce these Covenants by enterng upon a Lot to abate or remove any volaton, and any such entry shall not be deemed a trespass. Falure to enforce any of these Covenants shall not be deemed a waver of the rght to do so. Secton 22.2 NO MPLED LABLTES OR DUTES. Any Rules or Regulatons establshed by Declarant or the Assocaton W LL NOT EXPRESSLY OR MPLEDLY CREATE ANY DUTY OF CARE to any Owner or resdent of any Lot. Secton 22.3 NTERPRETATON. n all cases, the provsons set forth or provded for n the Declaraton wll be construed together and gven that nterpretaton or constructon whch, n the opnon of Declarant or the Board of Drectors wll best effect the ntent of the general plan of development. The provsons hereof wll be lberally nterpreted and, f necessary, they wll be so extended or enlarged by mplcaton as to make them fully effectve. SECTON 1. ARTCLE ll MSCELLANEOUS Effect of ths Amendment. Except as expressly provded heren, the Declaraton shall reman unmodfed and n full force and effect. References to the Declaraton shall be deemed to be references to the Declaraton as modfed hereby. SECTON 2. Rectals. The Rectals are ncorporated heren by reference and
n PG 1 o consdered a part of ths Amendment. SECTON 3. Ths Amendment may not be modfed orally, and any modfcaton shall be effectve only f reduced to wrtng and sgned by the Declarant and the Approved Bulder(s). The captons are nserted only for the convenence of the reader and shall not be construed to nterpret or modfy the terms of the Amendment. Secton 4. Gender and Grammar. The sngular wherever used heren wll be construed to mean the plural when applcable, and the necessary grammatcal changes requred to make the provsons hereof apply ether to corporatons or other enttes or to ndvduals, men or women, wll n all cases be assumed as though n each case fully expressed. Secton 5. Severablty. Whenever possble, each provson of ths Amendment shall be nterpreted n such manner as to be effectve and vald, but f the applcaton of any provson of ths Amendment to any Person or to any Property wll be prohbted or held nvald, such prohbton or nvaldty wll not affect any other provson or the applcaton of any provson whch can be gven effect wthout the nvald provson or applcaton, and to ths end the provsons of ths Amendment are declared to be severable. (Sgnatures to Follow)
PG 1,ff N WTNESS WHEREOF, the undersgned By: hereto have caused ths M?LLC Amendment s executed on ths day of 9anuary, 2015. Slow Creek Holdngs, LLC By: -4u ;.._ ---'::;..._ Nam JOE G. THOMASON Ttl : MANAGER
O 8 PG 7 o s )) STATE OF SOUTH CAROLNA COUNTY OF GREENVLLE PROBATE Amendment the wthn named To The Joe Declaratons E. Thomason of Candlewood n hs representatve Subdvson capacty and that sgn, (s)he, seal wth the other Frst wtness subscrbed above wtnessed the executon thereof. SWORN to me ths Wtness / (u...1 (_ --... r.._t_(seal) Notary Publc for SC My commsson expres: JU 1 3 ) PERSONALLY appeared the undersgned wtness and made oath that (s)he saw t l
lffb n O PG 1 6 Bylaws