May-?0-03 ll:?

3an FrorBERll$TElll, ITAIR I I[ADA[|S 86tte2803t T-726 P i3/14 F-599

THIS INSTRUMENT WAS PREPARED BY:

Celesle H. Herbert, Esq,
Bernstein, $tarr & Mc-{dams t-l-P
530 S. Gay Street. Suite 600
Knoxville, Tennessee 37902
(865)546€030

pl: c LARAI oN
AI{ENP E-p A! tr 8-ESIATE g

THIS DEGLARATION, made on the date hereinafter set forth hy Rivers Run
*Declarant."
Properties, lnc.. hereafier referred to as

WITNESSETH

WHFREAS, Declarant r,vas the or,vner of certain pluperty within the City of
OaK Rrclge, County of Anqerson, Strate of Tennessee, a rnore particular
descriplion of which is shown as Exhibit A, atHchecl hereto and slill owns a
majority of the lots in said developrnent;

NOW, THEREFORE, Declarant has previously declared that all of tne

propenies described above woulcl be held and sold subject te covenants and
conditions, which are for the purpose of protecting the value and desirabiliry of,
ancl which shall.run with the real propeny and be binding on all parties having
any right, tille or interest in the cleseribed properties or any pail thereof, tneir
heirs, successors, and assil;ns, and shall inure Io fie benefit of each owner
thereof by vinue of the declaration of covenants, conditions, and reslrictions of
Rivers Rr.rn Fropertres Homeowne€ Association recorcled in Booh 10007,
commencing at Page 4l and continuing thereafter thouQh Page 58 in the
Registefs Office forAnderson County, Tennessee, and

NOW, THEREFORE, Declarant desires to amend and restate lhe

declaration of covenants, conclitions, ancl restrigtions and to change the name of
the homeowner$ association to the Rivers Run Villa Owners Associalion aa set
forth herein

Articl? I
Definitiorlg

$S.Stionl.. 'Associailon* snall meqn and refer lo fie Rivers Run Vilta
Owners Associatisn, lnc,, a not*for*profit Tennessee corporation, its
unincorporated predecessor, lts successers and assigns.

Seclign,?. "Common A,rea" shall mean all T Lots located in Seetion H,

including the improvementsthereon, owned by the Associatir:n for the common
Mey-10-03 ll:?4an Fron-BERllSIElll, STAIR t I#ADAI|S 86552?8035 T-i26 P.AAft F-598

usB ancl BnjoyrnBnt of th€owners. ThB Cornrnon Area also includes me propeny
on which the gates for the P*prrty ancl roads on the Proparty afs csnstructed.
The Common fuea shall be o\dned by the Association and sll deeds nece$sary [o
effect this transfer shall DB executed by Dedaranl.

Sectiqn 1. "Declarant" snall mean ancl referto Rrvers Run Properti€s, lnc-,
a Tennessee corporafion, its srJccessors ancl as$igns.

Se4iqfr 4- 'Lot" shall rnean and refer to any plot of land shcnrun upon any
recorded subdivision map of the Property with the exception of rhe Common
Area.

Section 5. "Ouvnef shall mcan and referto thc record owner, vuhether one
or more persons or entibes, of a fee simple tille to any Lot which is a part of the
Property, induding contract sellers, but excluding those having such interest
merely as security for the performance of any obfigarion-

Seaiofr 6. "Pr''opertt' shall rnean ancl refer ts that certarn real property
herein previouely describecl in Exhibit A, speeifically the property shown on Plat
cabinet 5, slicte 82-D, and such addaions thereto as rnay hereafter be brought
within IhB jqrisdiction of the Associarion.

Anlsle I
PropPrtY Flfihts

Pegtlo.n 1. Owneri' Easements of Eniovment. Every Owner shallhave a

righEand easement of enjoyment in and to th6 Comrnon Araa which sha[ na
appurtenant tp and shall pass wilh the title to every Lot, subject to lhe foltowing
provisions:

(a) the right of lhe AEsociation to suspand the voting rights of an

Owner for any periocl cluring which any assessment against hi$ Lot rernains
unpaid; and for a period not to exceed srxty (60) days for any infraction of its
publisherl rules and regulailons; and

(b)the rfgtit of lhe Association to declicate or transfer all or any part of

the Common Area lo any public agency, authority, or utility forsuch purposes
anrl subject lo such condilions as tnay he agreed to bythe members. No such
dedication or transfer shall be effechve unless an instrument signed by tw+'thirds
{2l3} of the mernbers agreeing to such eledieation or trqnsfer has been recorded.

fief,tlo-n?. PeJggggggg{.g5e. Any Owner may delegate, in accordance

with the Bylaws, his rigm of enjoyment io the Commen Area and facilities to thB
rnembers of his family, his tenants, or contract purchasers who reside on the
Properry-

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iley-tB-03 1l:?4an Frgn-BERHITEIH, STAIR & IifiADAMS 86t5228031 r-7t6 P.g5/14 F-t99

Articlc lll
M a rn be rs h i p-grsl Volllt gF ign lt
$ection 1. Every Owner, as defined in Anicle l, shail be deemed to have a
t nembership in the Association. No Owner, whether one of rnore persons, shall

have more ihan one {1) rnembership per Lot owned. ln the evenl the Owner of a
Lot is more tnan one {1} person, votes and rights of use and enioyment shall be
as provided herein- The rights and privileges of mernbership rnay be exercised
by Owner, subiect !o he provisions of this Declaralion and the Bylaws. The
membership rights of a Lot owned by a corporation or partnership shall be
exercised by the individual designated by the Owner in a written instrument
provided ro the Secretary, subiect to the provisions of this Dedaration and the
Bylaws-

Section 2, All Owners shall be mernbers of the Agsociation. The Owner

shall be entitlecl to one (1) equal vEte fpr each Lot rn whrch heJshe holds the
interast required for membership under Section I henaoft ther€ shall be only one
(1) vote per LoI. Where mor€ than onB p8rson nolds an interest in any Lot, all
sush persons $hall be rnember$. The vote fgr such Lot shall be exercised as
lhey among fiemselves delermins, bul in no event ehall more fian one tl) vote
be cast with respect to any Lot,

f,*;s-!e !Y
Maintenance

Seclion,l. Associa.tigl's F,esponsilility- The Asspcialon shall rnaintain

ancl keep in good repair the Common Area, such mainlenance to be funded as
hereinafter provided. This rnaintpnance shall rnclude, but not be limitecl trc,
maintenance, repair, and replacemenl. subjeet to any insurance then in effect, of
all lanclscaping and other flora, structures, gates, roads, and improvernents
situated upoh $uch areas. The Association shall also be responsible for lawn
upkeep, landscaping, and sprinklar maintenancc for atl lots with the exception of
lots upon which no villa has been built unless the Owner requests in writing that
fie Association maintain$ hiyher lot on which no villa has been built.
The Association rnay msintain proPerty that it dpes not own, including,
without limilation, properry dedicaterl to he public, if the officer of the
Association determine thal such rnaintenance is nec,essary or desirable to
maintain the Comrnunity-Wrcle Standatd.

Section ?. Owner's Respolsibilrty, Eacn Owner shall rnaintain his or her

Lot and all sfruclureE, padilng er€as and other improvernenE upon his or her Lot
in a manner cqnsistent whh tne Comrnunity-Wide Stanoarrl anct all applicable
covenanb. lf any Owner fails to properly perform his or her rnaintenance
responsibility, the Associafion may perform it anel assess all costs incurred bythe
Association against the Lot and lhe Owner thereof: provided, however, except

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tlay-20-03 ll:2Ean Fron-BERllSTElt, STAIR t IEADAIi$ 865522803I T-126 P 06/t4 F-5tg

when enry is required due to an emergency sitqalion, the Associatron shall

afford the Owner reagonable notice and an opportunity to cure the problem prior
to enlry_

Owner shall not interfere with Association in the performance of its drrties
with regard to Ownels lol. lf Owner cloes interfere, causing more expense for
tne Association, tnen Owner shall be responsible for sard expense, which shall
be assessed as a Special Assesgment, immediately due and payable-

ArticlgV
G ove nq q[, fgf , hi_n te na n ce A,sse_s g nl"q nE
Seqign 1. Creadon of rhe r-ign qnC.SersonalQgtigation pf *jlsessments.
Each Owner of any Lot by accBptanc€ of a deed therefore, whether or nol it shall
be so expre*sed in suctr cleed, is cleemed to covenant ancl agfee to pay to the
Association: (1) annual assessmenls or charges to bB comptised of nivo
componente: Common Area rnaintenance and Lot maintenance assessrflents;
and {2} special assessments for capital improvements, such assessments to be
establrshed and collected as hereinafter provided; however, a Lot Owner wfth no
$ltucture on his/her lot shall only pay an Assessment related to Common Area
maintenance untrlsqch time as hislher Villa has been completed and
landscaped- After that time, Owner shall pay allAssessments. The annual and
special asse$$ments together with inreresr, co$ts, and reasonable attorney's
feeg, shatl be a charge on thE land and shatl be a continuing lien upon the
property against each lot on which such assessment is macle. Each such
assessrnent, together with intere$|, cosls and reasonabh attomey's fees, shall
also ne the pefsona!obligation of the person who was the Owner of such
propefly al$e drfle rnrhen the assessrnent became due, The personalobligation
for delinquent assessmsnts sha$ not pas$ to successors in title unless expressly
assumed by them,

3e{o:r.2. Annual Asse$sment. The mernberchip by a two-thirds (Z/3}

vote shall sel the maximum monthly assessment at ils annual meeting. The
monmry ass€ssment $hail be sufficient to pay tne past expenses of the
Agsoeiation as well as expenses to bs rncurrecl on an ongoing basis. As set forth
above, the assessment for ongoing Bxpenses shall be divicled into two
componenF: Gommon Area maintenance assessment and lot maintenance
a$sessrnent- The tw+-thirds {2/3} vote shall consist of two-*rircts {2/3} olthe
members present at lhe annual meeting either in person or Dy proxy. Wrinen
r'totice of rh;s meet;ng shall be sent to all members not less than thirry {30) rlays
nor more than sixty {60) rlays in advance of the meeting and the nolice snafi set
fortn tne pqrpose of the fteeting. Only Owners with Villas buitt on his/her lot who
owned their property priorto 2003 shall pay a montrly assessment for past
expenses. The ofiicers of the Association may, in their cltscretion, increase lhe
rnonthly asses$ment \,vlthout membership approval in the event that $e rnonthly
4$$essments are insufficbnt to pay thercxpenses Associetion. This
nses of the .As

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May-20-03 03:llpm Fron-BERllSTElH, STAIR & h[A0AtlS 86t52?8033 T-738 P 03/06 F-Eri

assessment shall remain n effEct untilthe next annual meeting of ths

Association or until a new monthly a$sessment has been Set at a special
meeting. The officers of thB Association shall also have the powerto boffpw
rnoney on behatf sf the Association in the event that the Association does not
have sufficient funds on hand to payAssociation exPcnses-

e#m-Q, Special Assessments fgl:".Cflpital lnprovetnents. ln atldition !o

the annual a3sessmenls authoriZed above, the Association rnay levy, in any
assessment year, a special assessment applicable F that year only for the
purpose of defraying, itl \tvhole or in part, the cost of any oonstruction,
reconstruction, repair or reptacement of a capilal improvement upon fhe
Common Area, including fixtures and personal pfoPerty related tfierelo, provirled
!hg! any such assessment shall have the asseil of lwo thirds (2lS) of the votes of
the members who are voting in person or by proxy at a rneeling duly called frcr
lhis purpose,

Sgglpn-{. No$oe and Quorurn forqny Actign Authorized Under,EF,cjions

3 and 4. Written notice of any meeting called for the purpo$e of taking any action
aumorized under Section 2 or 3 shall be senl to allmembers not les$ than thirty
(30) days nor msre than sixty (60) clays rn advance of the meeting. At the fifst
such meeting called, the pre$ence of Members or proxies of Members entitlecl to
caet sixty peicent (50Yo) of alltha votes shall constitule a quorum. tf the required
quorum is not present, another meeling may be called subject to the same notice
requirement, and the required guorum at lhe subseguent meeting shall be frfty
percent (50o/o) of Members or proxies of Mernbers entitled to cast votes- No sqch
suhsequent meeting shall be held rnore lhan sixty (60) days following the
preceding meeting.

Sec'tion5. Assessrnents in.Ggnerfll: DHF Dates- Assessments may be

collected on a monthly basis. Wrinen notice of the annual assessmeni shall be
sent to every Owner subject thereto. The due dates shall be establishecl by the
officers of the Association, The Association, shall, upon demand, and for a
reasonable charge. furnish a certificate signed by an officer of the Association
setting forlh whetherthB assessments on a $pecified Lot have been Paid- A
pnperly executed certificate of the Aggociation as lo the ststus of the
assessrnents on a Lot is binding upon the Association as of fie date of its
issuance.

Seuion 6. Date.-p-f SgfnmgrtcemFnt of AssessmeBlq. The annual

asssssrnents pfovicled for nefein in Section 1 shall colnfnsnco as soon as a Lol
is purchased from Daclarantor ils cleslgnee- The first annlral assessment shall
bB adiusted according lo the nqmDer of days remaining in the fiscal year at the
titne agseEsrnBnts comrnsnce on lhe Lot,

Section 7, Effect of Ngfuplpenl of-

Assoclation, Any assessment not paid within thlrty (30) days after lhe due date

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Mey-?0-g3 llr2lam Fron-BERNSTEIH, STAIn e llIADAltrS t655?2803t T-126 P 0gll4 F-599

sha'l bear interest frpm ttre clue date al the rate of eighteen percent (18%) per
annum. The Associarlon rnay bring an action at law against th€ owner
personally obligated 10 pay thB same, orforedosB me lien aga[nst the prop€rty.
No Owner may waivp or orherwiss e$caps liability for the assessments provided
for herein by non-use of the Cornmon Area or abanclonment of nis Lor.

Sg#lgn 8. Subordination of the Lien to Mortqases or Deeds of Trust, The

lien of the assessments provided for herein shatl be suborclinate to the lien of any
morlgage or deed of tn rst. Sale or transfer of any Lot pursuant to mortgage
foreclosure, exercise of a power of sale contained in a deed of trust or any
proceeding in lieu thereof, shall extinguish the lien of sqch assessments as Io
payment which became due prior to such sale or transfer- No sale or lransfer
shall relieve such Lot owner from liability for any a5s6ssments prior to the sale or
transfer

ArtiefeJl
lnsumnps

Sectigfr 1. The Assooiatron shall maintain in effect at all limes as a

Common Expense the type of insurance coverag€ as deemed appropriate by the
Association. Tne officars of the Assooiatron shall review the amount and terms of
such insurance annually.

Section 2. By virtue of tafing title to a Lot subject to the terms of this

Declaration, each Owner covenants and agrees with all olher Owners ancl with
the Association lhqt each Owner snsil cany blanket all-ri$k casuahy insurance on
the structures constructed on his/her LoL Esch Ownerfunner covenants ancl
agrees lhat in the event of a partial loss or damage and destruction resulting rn
Iess than tqtal destruction of structures on his/her Lot, the Owner shall proced
Prornptly to repair or to reconstruct the damaged structure in a manner consistent
with the original con$truclion or such olher plans and specifications as are
approved in accordance with Article VII of this Declaration- The Owner shall pay
any costs of repair or reconstruction that are not covered by insurance proce€ds-
ln lhe event that the strudsre is totally destroyed, the Owner may clecide not to
rebuild or to recon$trucl in which case the Owner shall dear the Lot of all debris
anrl return it io substanilally the nailral state in which it existed prior to the
beginning of construction ancl thereafter the Owner shall continue to maintain the
Lot in a neat and attnactive conclilion consistentwith Sre Communiff-1,1/ide
Standard,

A?r!e Y!!
Ar eh itp, ptq r*Lgp atroJ
No building, fence, urall or olh6r structure snall Pe commencecl, erected or
maintainecl upon the Prcperty, nor snall any exterior addidon ro ot change or
alteration thereon be macle until lhe plans and speclfications showing the nature,

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tlay-10-83 ll:Zlan Fron-BERI{STEll{, STAIn & ffiADAM$ 865522N03t T-r2B P.0sll4 F-5gg

Kind, snape, heignt, materials, and location of thB same shall have been
subrnilted to and approved in writing as fo nanrK'ny of extemal design ancl
locatlon ln relation lo surrrounding structures and topograpny by the Board of
Directors of ihe Association, or by an architec-tural commiltee composed of three
(3) or rnore representatives appointed by the Board- ln the event sakl Board, or
its dasrgnatd committee, fails to approve or disapprove such design and
location within thiny (30] days afier said plans and specificafion$ have heen
sqbmitbd to it, approvalwill not be required and this Article will be deemed to
hava been fully complierl with. The failure by the Board and/or its desQnated
commiuee to act on plans shall not constitute a uraiver of any of tha slher
provisions herein-

Article Vlll
General PfoyiFions

Sestion 1 Enforcernent. The Association, or any Owner, shall have the

right lo enfsrce, by any proceeding at law or in equity, all restristions, conditbns,
coyenants, reservailons, liens ancl charge$ now or heDafier imposecl by the
provisions of this Declaration. Failure by the Associa$on of by any Owner to
enforce any covenant or restriction hereln contained shall ln no event be deemed
a waiver of the right trc do so thereafier-

Section 2- SeveraPility- lnvalldation of any one of these covsnants or

restrictions by judgrnent or court srder shall in no way affeet any other provisions
which shallremain in full force and effect.

Section 3- Aqnexatipn. Additional residential property and Common Area

may ba annexed to the Properties with the consent of two-thirds (2/3) of each
cless of members.

Sectiol 4. Association shall be responsible for maintaining the following:

(a.) Sprinhler Systems

tb.) $ecr.rritySystems * GaT\-
(c.) $lleys
(d.) Lawn and Landscape Maintenanee
(e,) $treets

The montnff assss$menl collected by the Association snail be used to

specifically maintain the$e srBae as well as pay fof insprance coverqge for the
Common Area. Once a Villa has been cprnpleled ancl land$Eaped, no Owner
shallbe allowed to mainfain his/her lawn, sprinlder, etc.

$eclip-n,5. The Owner shall be completely responsrbiE for all exterior

maintenance.

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Mav-28-03 Il:28an Fron-BERNSTElll, STAIR I KADAMS 865te28035 r-726 P 10/14 F-t99

Sectjon 6. The Association shall have the authority if the Owner does not
rnain&ain the exterior of the resiclence to perfonn all rnaintenance and asssss all
cost$ lncuffed by the Association to that pa*icular Owner. lf the Owner does not
nalce prompt payment to the Association, then the Association shall file a lien on
the Owne/s propErty.

Section 7. Allexterior colors shall be submiBed and approved before

constructron hegins or beforethe Villa is repainted

Sectiqn F. The Orner shall have a choice of four floor plans and eight
elevalions from which to choqse the design of his/her villa. The Owner has heen
pre$ented the$e plans and agrees to stricuy aclhere to them. The guality of all
lnrorKrnansnip shall be of lhe nighest quality and comparable to Lot 15, Royal
Troon Circle.

seetion 9. These covenants are to run with the land and snallhe binding
on allOwners, theirsuccessors and assbns, and on all persons claiming under
them for a period of tnirty (3O) years from fie clate lhese covenants are racorclBd,
afFrwhich iirne sald covFflants shall Fe automaucally e)fiqnded fof successive
periods of ten (10) years unless an instrument signed by the maiority of the then-
Owners of the Lots has been recorded, agreeing to change sald cavenants in
whole or in part-

Secrion 10, Nonvithstanding any other provisbn of these Amended

Restrictrorls to the contrary, until such tirne as Declarant has sold 100a/o of the
Lots on the Property, Developer shall have the fqll ancl complete authorily and
discretion to amend these Amended Restrrctions and saicl amendment shall
thereafler be ninding on existing Owners and all Owners who purchase Lols from
and after the date of the amendment. Afier 100% of the Lots on the Property
have been solcl by DEclarant, any funher amendmentto these Amended
Reslriclions shall require approval of seventy-five percent l75Yo) of the Owners of
Lot$ on tne Propefiy unless a different percentage is specifically set forth herein
in regard to a specific amendment or action.

Section 1 '!. ln the event that ihere is any liligation bro$ght to interpret
these re$riction$ orbrought forviolation of tne restrictions, the prevailing'party
snall b8 Bntitlad to recover his/her anorney fees, costs, including rliscrelionary
cosls, and expert fees from the ofier pany,

Exec$ed fiis _ day of 2003.

RIVERS RUN PROPERTIES, INC.

By:
Seward B. Nonis. President

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llay-10-03 ll:29am Fron-BERN$TElll, STAIR & t&ADAllS 865t??803r T-726 P.filt4 F-trg

STATE OF TENNES5EE

COUNTY OF ANDERSON

Before rne, the undersigned authoritg a Notary Public, in and for said
$taks, Personally appeared Seward B. Nonis, with whom I arn personally
acquainted and who, upon oath, acknowledged himself to be the President of
Rivers Rrrn Properties, lnc., the within named bargainer, a Corporation, and that
he as such President, being authorized so to do, execuFd the foregorng
instrument for the purposes therern contained ny signing the name of the
Corporation by himself as President-

WITNESS my hand and official saal this day of

2003.

NOTARY FUtsLIC

My Commission Expires;

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