This instrument Prepared By: Bass, Berry & Sims PLC (DWS) 315 Deaderick Street, Snite 2700 Nashville, TN 37238-3001 FmST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE BROWNSTONES AT FIRST & CHURCH This First Amendment to Declaration of Covenants, Conditions and Restrictions for The Brownstones at First & Church (the "Amendment") is entered into by First & Church, LLC (the "Developer") and the Unit Owners joining in the execution of this Amendment (the "Amendment Owners") to be effective as of the date of the recording of this Amendment in The Register's Office of Williamson County, Tennessee. WHEREAS, by that certain Declaration of Covenants, Conditions and Restrictions for The Brownstones at First & Church, of record as instrument number 05029566, Register'S Office of Williamson County, Tennessee (the "Declaration"), Rochford Realty and Construction Co., Inc. (the "Original Developer") imposed certain covenants, conditions and restriction on certain real property located in Williamson County, Tennessee, commonly referred to as The Brownstones at First & Church, as more particularly described in the Declaration (the "Development"); and WHEREAS, pursuant to that certain Assignment of Rights as Declarant with Respect to The Declaration of Covenants, Conditions and Restrictions for The Brownstones at First & Church, ofrecord in Book 3689, Page 20, Register's Office of Williamson County, Tennessee, and that certain Quitclaim Deed, of record in book 3685, Page 610, Register'S Office of Williamson County, Tennessee, all interests of the Original Developer were transferred and assigned to the Developer, and accordingly, the Developer is now the "Declarant" under the Declaration; and. WHEREAS, the Developer and the Amendment Owners now desire to enter into certain agreements and to amend the Declaration to permit certain improvements located on particular lots within the Development to encroach on the Common Areas and/or adjacent lots within the Development, it being the intention of the parties to facilitate the construction of the Unit improvements in a manner that preserves the architectural design and overall plan of the Units in the Development and to accommodate minor construction errors, shifting and settling of the Units over time. NOW THEREFORE, the Declaration is hereby amended and the Developer and the Amendment Owners hereby agree as follows: 1. Encroachment Easement. Pursuant to Section 13.2 of the Declaration, each of the Developer, as the Declarant and as an Amendment Owner, and the Amendment Owners, hereby agree that the Declaration is amended by adding the following provisions as new Sections 17.3 and 17.4:
17.3 Encroachment Easement. Each lot within the Development (a "Lot") is hereby declared to have an easement over adjoining Lots, set back areas and the Common Areas for the purpose of accommodating any encroachment due to landscaping, walls, fences and other similar improvements, including retaining walls built to accommodate the window wells for the basements of individual Units, which are built in accordance with the plans for such Units that are approved by the Declarant, or which are due to minor engineering errors, minor errors in original construction, minor adjustments in existing plans, settlement or shifting of the Unit improvements, or similar causes, so long as any such encroachment does not extend more than one (1) foot laterally into the adjacent Lot or the Common Areas. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligation of Owners shall not be altered in any way by said encroachment, settlement or shifting. If a structure is partially or totally destroyed, and then repaired or rebuilt, the minor encroachments over adjoining Lots and the Common Areas shall be permitted and there shall be valid easements for the maintenance of said encroachments so long as they shall exist. 17.4 Maintenance, Repair and Indemnification. All maintenance and repair of any encroaching improvement shall be the responsibility of the individual Owner that owns the Unit benefiting from the encroachment and such Owner shall indemnify and hold the Association and the adjoining Lot Owners harmless for any liability, losses, costs or expenses that may arise from such improvements. 3. No Further Modifications. Except as expressly amended hereby, the Declaration shall remain in full force and effect. [ Signatures on the Following Pages] 2
DEVELOPER: FIRST & CHURCH, LLC (as Declarant and as an Amendment Owner) Units /Lots # /']. &-. 7 I Jr, 1[" J';13...:2. 'I-,,;;. le /1} t J ) I By:. ;-!{1~ Name: e«.."""....;->..j} ~-. Title: C~,.( L i11""'=s....c STATEOF IN ) COUNTY OF W'i1 \\Il«Yl &oy] ) Personally appeared before me, tbe undersigned, a NotaIy Public, JYvrl!C~ B[JJc:~itb whom I am personally acquainted, who acknowledged tbat slhe executed tbe witbin instrument for tbe purposes tberein contained, and who further acknowledged tbat slhe is tbe C h'l ef ryla V1Q~ of First & Church, LLC, a Tennessee limited liahility company, and is autborized by the company t execute tbls instrument on behalf oftbe company. WITNESS my hand, at office, tbis 22 day of S~t..V', 2005, My Commission Expires: -"M!J.y-,C""ommission Expires May 24, 2009
. Unit / Lot # I,J}( 'f S;17+-/r,- _r-fg~;ejc-r:$;f/ ~A ;z;,vc ~ BY.~A1 Name: W. /lit:afr!l2 CaVe: Title: Uljsec STATE OF _1i'!..!.N"-- ~) COUNTY OF W;UiWi)1m ) Personally appeared before me, the undersigned, a Notary Public, \N. 1\Jj;tclt.t.1I Cmu...-, with whom I am personally acquainted, who acknowledged that s/he executed the within instrument for the WITNESS my hand, at office, this 22. day of &pkwlbe.y,2005. My Commission Expires: My Commission Expires May 24, 2009 --1;,-"1 STATEOF -ui~~ ~) COUNTY OF V.,[I \ \ I IU'\1SOVI ) Personally appeared before me, the undersigned, a Notary Public, ~llaic<. FY-t ' with whom I am personally acquainted, who acknowledged that s/he executed the within 'instrume t for the WITNESS my hand, at office, this 2:1. day of SqkrMbe.v,2005. My Commission Expires: 2606913.1
Unit!Lot # ~ tf 9 --,--- By: Name: Title: W~ d. ;r;;f-- "'/,'!! 'IAI' Eo r~ Cfv'.e-f ~ STATEOF 1N ) COUNTY OF,,\1'1 Hi 11m <j;p-yj ) WITNESS my hand, at office, this B day of~"'-'-l"-"-''''-''''''''''''-' My CommIssIon My Commission Expires: Unit / Lot #.;l 3 By:.JJ"""()v=-8:t. Name: Cneb!=I...XrTiV;uz' ~ Title: Ow.., I!I\ S rj~ te.~ i-.lpt.ji:...'t'itil'\ph STATEOF_-~I~~~ ~) COUNTY OF l.--' ::C\..l-S'AII\Sor,,)) d &eq F= (j ffne.( Z'r\( go ~m, with Personally appeared before me, the undersigned, a Notary Public, 1.\"itIc.~ whom I am personally acquainted, who acknowledged that s/he executed the within mstrument for the WITNESS my hand, at office, this G:) day of Sep±0nlvr,2005. r-j My Commission Expires: t /21 [ 01
Unit I Lot #/S.L'----'----'- STATE OF'T&~~"''''SeE;. ) COUNTY OF W\LA--~/l, t-'':>o.,j ) Personally appeared before me, the undersigned, a Notary Public, b"-mll-'" :;'.~\ :, with whom I am personally acquainted, who acknowledged that slhe executed the within instrument for the WITNESS my hand, at office, this';).l ~day of~~~#~!':::.-~.'c~..:; ;:.vl\l My Commission Expires:;'''''''''' \ 'S', ;;;t.='1 Unit I Lot # / J.-' BY:~ ;!!/~~ Name..J.~f1 t.. j),lor..,r<j-q Title: O~tJ~.-.--- STATE OF lenvll.55cc ) COUNTY OF Wi III tuylsrn ) Personally appeared before me, the undersigned, a Notary PUbliC,,,0S~ L.~ure,n.tfili whom I am personally acquainted, who acknowledged that slhe executed the witlj(instrument for the WITNESS my hand, at office, this:l&..fltday of &utem b:v:,2005. I My Commission Expires: -.",,,,,-"'"
Unit! Lot #.:L-- BY:~~ Name:.5lrte...ll.1:: ~ Title: \'''' ","...,r... oj.-h....n. "-j (:j v STATE OF \1\.\ ) COUNTY OF J);wld~ ) Personally appeared before me, the undersigned, a Notary PUbliC,~hil:J\~.skrn, with whom I am persolialiy acquainted, who acknowledged that slhe executed the with mstrument for the WITNESS my hand, at office, this 2.ttday of St:~, 2005. "\! No My Commission Exp My Commission Expires: Unit/ Lot # By: Name: Title: --------- STATE OF ) COUNTYOF ~) Personally appeared before me, the undersigned, a Notary Pnblic,, with whom I am personally acquainted, who acknowledged that slhe executed the within instrument for the WITNESS my hand, at office, this day of --', 2005. My Commission Expires: Notary Public 2606913.1
Unit! Lot # I) By: ""1.12~...rr A, SoP:;:~ Name"! ~ Title: ff~~ STATEOF J!.vmesst-v ) COUNTY OF I,I\Jil\iol\' l?trf) ) Personally appeared before me, the undersigned, a Notary Public, kt /1. ~, with whom I am personally acquainted, who acknowledged that s/he executed the within ill WITNESS my hand, at office, this l~ay of Scp\<NY\'o,W,2005. mt for the My Commission Expires: _-'- STATE OF lfklvl~5(t'_ ) COUNTY OF \t\/!i\iqtliv\ S1rvL ) Personally appeared before me, the undersigned, a Notary Public, f.llw E ~~, with whom I am personally acquainted, who acknowledged that slhe executed the within instru ent for the WITNESS my hand, at office, thisa20ctay of Sf ~,2005. My Commission Expir.!!lY Commission Expires May 2606913.1
--------------- BK/PG:3700/326-333 05046755 Unit! Lot # J) By: f,\2-;..,jf A. SoP.e... Name:~ Title: j+uji\ji STATEOF -:V:vme,ssU/ ) SADIE liade m:c;;t.!tt&n or DI:CDS COUNTY OF '.fljill illl\f'll Wr(\ ) Personally appeared before me, the undersigned, a Notary Public, k}-id. ~W, with whom I am personally acquainted, who acknowledged that slhe executed the within i~ ment for the WITNESS my hand, at office, this z.~ay of Sqt<.NYIbW,2005. My Commission Expires: My Commission Expire ~ STATEOF If'K\V\esS(.f'_ ) COUNTYOF \1\/&IQNVl S1;yL ) Personally appeared before me, the undersigned, a Notary Public, [\ I.v] E. ~~. with whom I am personally acquainted, who acknowledged that slhe executed the within instru ent for the WITNESS my hand, at office, this ~ay of 'se ~/), 2005. My Commission ExpirJ\!Y Commission Expires May 2606913.1