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800K3713PAGE 876

RESTRICTIVE COVE:NANTS ON GRANADA ESTATES! WIT NO.4

'W9ll:REAS, Elbert K. Scllol2:e is the owner of property in the Sacciud Civil District of H~ilton County, TeZID.essee, which has been platted, and is known as Granada Estates, Unit 4, &s shown by plat of subdivision by North River Surveying Company which will appear of record in the Register's Office of Hamilton County. Tennessee.

'W9ll:REAS, it is my intent, purpose and desire to insure the proper development of said Granada Estates, Unit 4, into an exclusive residential section, and for such purposes, there is hereby imposed upon the above mentioned subdivision, and each lot therein, the restrictive covenants and conditions hereinafter set forth, which shall be a part of the consideration of each and every one of said thirty-two (32) lots, in said subdivision, and shall run with the land, the same being for the use and benefit of the present and future owners of lots in said subdiVision, and to be effective whether or not mentioned in subsequent conveyances or not.

If any of the following provisions or the application of sam .. to any purposes or circumstances shall be held invalid. the r~inder of this instrument or its application to purposes or circumstances other than to which is held invalid shall not be affected thereby.

1. All of said lots shall be, and be ~own and described as, residential lots, and no structure shall be erected, altered, placed or permitted to remain on any residential building lot other than one detached single family dwelling and attached carport or garage.

2. No residence shall be designed, patterned, constructed or maintained to serve, or for the use of more than one single family, and no residence shall be used as a multiple family dwelling at any time, nor used in whole or in part for any business service or activity, or for any commercial purpose; nor, shall any lot be used for business purposes, or for trucks or other equipment inconsistent with ordinary residential uses. No permanent on street parking.

3. No residence shall be located on anyone of said residential building plots nearer than fifty-five (55) feet to the street and rear lot

lines nor nearer than ten (10) feet to any side lot line nor nearer than twentyfive (25) feet to any side street line. For the purposes of this covenant. eaves, steps and open porches shall not be considered as a part of the building. provided, however. this shall not be construed to permit any portion of the building on the lot to encroach upon another lot. All above as stated unless stated otherwise on recorded plat. All driveways must be concrete unless approved otherwise, fifty-five (55) feet to street can be adjusted by developer.

4. No noxio~s or of~ensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhooQ.

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5. No part of any lot shall be used for reSidential purposes until, first, a completed dwelling house, conforming fully to the provisions of this instrument, shall have been erected thereon, the intent of this Paragraph 5 being to prevent the use thereon of a garage, incomplete structure, trailer, barn, tent, outbuilding or other structure as a temporary living quarters before or pending the erection of a permanent building. No structure of temporary character, including trailers and s~ilar structures, shall be erected or permitted to remain on any lot except during the period of construction.

6. Any residence being erected on a lot shall be completed within twelve (12) months.

',V Prepared by:

Art~ Elbert K. Scholze /'~ 565 S. Crest Road

Chattanooga, TN 37404

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BOOK3713PAGE 877

7. No dwelling shall be erected or pe~tted to remain on anyone of said residential lots unless the same shall contain floor areas as below described. For the purposes of this paragraph, stated square footage shall mean the min~ floor area required, and floor area shall mean the finished and heated living area contained within the residence, excluaive of open porches. garages, eaves and steps. Tbe following floor areas are required: If the =e8idence is one story, 2250 square feet; if split foyer with an ~finished lower level,,2lS0 square feet. if split foyer with a finished lower level, 2250 square fee~ total with 1400 square feet on the upper level; if two atory,"l160 square feet on the ground level and 1090 square feet on the second floor.

8. All dwelling houses shall have conventional and acceptable frontal appearance from the main street fronting said lots.

9. It shall be permissible for Elbert K. Scholze to rearrange boundary lines of lots. if so desired, and to combine lots or parts of lots into one building plot, provided the same does not result in an increase in the n~ber of lots once the subdivision plat has been recorded.

10. The exterior front and side elevations of all buildings shall be of either wood (horizontal boards, vertical boards and batten. or s~ilar). or aluminum or stone, or brick, or masonite (6-inch horizontal. textured or grooved panels, or similar). Twelve-inch. or larger, plain lap masonite siding shall be permitted only in gables and on rear elevations. All retaining walls shall be of stone or brick finish. The rear foundation elevation of co~er lots shall be brick or stone finish. The rear foundation elevation of other lots shall be brick or stone or stucco finish. N~ fake stone.

11. Before any construction'is commenced or carried on, plans and specifications for any dwelling house to be constructed on anyone of said lots shall be submitted for approval to Elbert K. Scholze. and written approval thereof procured. It is stipulated that such approval shall not be unreasonably withheld. It is further provided that, in the event of the completion of any dwelling house on any lot, without any proceedings having been insti~uted in the Courts of Hamilton County, Tennessee, to enjoin the construction thereof, the said dwelling shall be conclusive!y presumed to have had such approval.

12. No sheep, goats, swine, horses, cattle, burros, fowls or any like an~ls shall be permitted to be kept or to remain on any of the lots hereinabove described, or to roam at large on any of the streets or way in or bordering the same. There shall be no kennels permitted on any lot in the subdivision, for the commercial breeding of domestic pets. No liquor, beer, wine or other intoxicating substances shall be sold within the bounds of said subdivision.

13. Whether expressly stated so or not in any deed conveying anyone or more of said lots, each conveyance shall be subject to existing governmental zoning and subdivision ordinances or regulations in effect thereon.

14. All of said lots in said subdivision, must from the date of purchase, be maintained by the owner in a neat and orderly condition (grass

being cut when needed, ..... \~ .. ll as leaves, broken liJnbs and other debris being removed ~hen needed). In t~e event that an owner of a lot in said subdivision fails, of his own volition, to maintain his lot in a neat and orderly condition, Elbert K. Scholze or his duly appointed agent, may enter upon said lot without liability and proceed to put said lot into an orderly condition, billing the cost of such work to the owner.

15. There shall be no detached garages, outbuildings or servants' quarters, but a bathhouse built expressly in conjunction with a private swimming pool shall not be included in this prOhibition. Thus a bathhouse will not have to be connected or attached to the dwelling. However, such a structure shall not be included in complying with any minimum square footage requirements set forth in Paragraph 7 above. Contact Health Department.

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16. That, before any dwelling on said premises sh~ll be occup~ed, & septic tank, or a sewage disposal system, c~nstructed in accordance with the requirements of the ~ennessee State Board of Health, shall be installed. all sewage from the premises shall be turned into such sewage disposal facility, and the same shall be continuously maintained in proper state of sanitation. The effluent from such septic tanks or sewage disposal shall not be pe~itted to discharge into a stream, sto~ sewer, open ditch or drain unless first it haa been passed throU8h an absorption field approved.by the public health authority. Contact Bealth Department.

17. In the event of violation of set-back lines, either side, front or rear, which may be minor in character. a waiver thereof may be made by Elbert K. Scholze. his heirs and assigns.

18. In the event that, for any reason, anyone or more of the foregcing protective covenants an~ restrictions be construed by judgment or decree of any Court of record to be invalid, such action shall affect in no way any of the other provisions, which shall remain in full force and affect, the owne~ hereby declaring that said restrictions are not interdependent but severable. and any one would have been adopted even without the others.

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19. Each and every one of the aforesaid covenants. conditions and restrictions shall attach to and run with each and every one of the said lots and tracts of land and all title to, and estates therein, shall be subject thereto and the same ~hall be binding upon each and every owner and occupant of the s~e for the period of fifteen (15) years from the axecution date of this instrument.

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20. Neither the Grantee. nor any party or parties cla~ng under him • shall or will convey, devise or demise any or either of said lots, or any part of same, except as being subject to the said covenants, conditions and restrictions, and the obligation to observe and perform the same. The said covenants, conditions and restrictions shall run with and be appurtenant to the said land and every part thereof as fully as if expressly contained in proper and obligated covenants or conditions in each and every contract or conveyance of or concerning any part of the said land or the improvements to be made thereon.

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21. If the grantee, or any party or parties claiming thereunder, shall violate or attempt to violate any of the covenants or restrictions herein provided before the expiration date as hereinbefore provided, it shall be lawful for the Grantors, their heirs and assigns to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or conditions; and, either to prevent him or them from so dOing, or to recover damages or other dues for such violation, including reasonable attorney's fees. It is speci.fically provided. that the powe:t· to enforce tile said covenants and restrictions is exclusi.vely held by the Grantors, their heirs and assigns. and that tnose owning lots or tracts in the said development shall not haVe such power.

22. We prefer no fences. Fences can be constructed around the back end of lot to 37 feet from r$ar lot line.

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IN WITNESS WHEREOF I have hereunto set my hand. on til is the

__________ ~~ • 1990.

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MOl(3713PAGE 879

STATE OJ! 'l'ENNBSSEE) cot1N'rY OF li'.I\HIL:t'ON)

em. this .l<[t/----dayof ~~ • 1990, befoJ;'e !lie peraonaUy

appeared ELBERT K. SCHOLZE, to me~ ~ the peJ;'30n described ~n and who executed tb~ foregoing tnst~nt and acknowledged that he executed the 'same as bis free act and deed.

IN Wl:::::NESS WHEREOF I have hareuuto

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IDc:; i.rl~.;.;!OH REfERENCE

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SA.n.~H P. DEFRIESE REC~S'TER HAMILTON COUNT'( S'tATE OF TENKESSEE

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Prepared by:

Raymond A. Fox, Jr. P.C. 7401 E. Brainerd Road Chattanooga, TN. 37421

WAIVER

05/'12/92

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WHEREAS, Elbert K. Scholze, is the developer of property

in Hamilton County, Tennessee which has been platted and is known as Granada Estates Subdivision, as shown by plat of subdivision recorded in Plat Book 43, page 181, in the Register's Office of Hamtilon County, Tennessee.

WHEREAS, restrictive covenants on Granada Estates Subdivision recorded in Deed Book 3713. page 876 in the Register's Office of Hamilton County, Tennessee placed certain restrictions upon each lot therein.

WHEREAS, paragraph 3 of said restrictions states that front set back line shall be fifty-five (55) feet.

WHEREAS, Kenneth L. Reed and wife Claudia M.. Reed purchased lot one hundred (100) in said subdivision and wish to have the front set back line of said restrictions reduced to forty-three (43) feet

NOW Elbert K. Scholze desires to grant said Waiver as to the requirement of Lot One Hundred (100) only.

IN WITNESS thereof I have here unto set my hand on this day of May, 1992.

QJfd1( ~ J{~ Ck--:

Elbert K. SChOlZ!i(7

STATE OF TENNESSEE COUNTY OF HAMILTON

069780

S.ARAH P.DEFRIESE REGISTER HAMILTO:j 'JOUNTY STATE OF TE.~L~ESSEE

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VARIANCE OF RESTRICTIVE COVENANTS AND WAIVER OF RIGHTS TO ENFORCE

The undersigned, having determined that this variance does not materially O~ adversoly affect the purposes sought to be attained by Restrictive Covenants recorded in Book 3713. page 876, in the Register's Office of Hamilton County, Tennessee, do hereby grant a variance of the front sot back requirement as to Lot 99, Granada Estates, Unit 4, as shown by corrective plat of record in Plat Book 48, page 340, in the Register's Office of Hamilton County, Tennosseo from 55 feet as set out In said Restrictive Covenants to 39 feet, more or less, and do hereby covenant and agreo that the dwelling being constructed on said lot may be so maintained, nnd any right of action for injunction, suit for damages, or otherwiso is waived nnd roleased. Said lot is vested in Brian Alan Stubblefield and wife, Torri Lynn Stubblefield, by virtue of Deeds recorded in Book 3889, page 745 and BDO~ 3863, pagn 245, in tho Registor's Offica of Hamilton County, Tennessee.

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IN WITNESS WHEREOF #fl'y ,1992.

I have hereunto sot my hand, on thIs the /~ day

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ELBER~SC~E }? '-....

05/22/92

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SARAH P.l)CFHIESE RCJIS1ER HAMIL'i ',', ':GUNTY STAlE OFi,:ll~1ESSEE

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WHEREAS, Elbert K. Scholze. is the developer of property in Hamilton County. Tennessee. which as been platted and is known as Granada Estates Subdivision. as shown by plat of said subdivision of record in Plat Book 43. Page 181. in the Register's Office of Hamilton County, Tennessee.

WHEREAS. Restrictive Covenants on Granada Estates Subdivision recorded in Deed Book 3713, Page 876. in the Register's Office of Hamilton County, Tennessee. placed certain restrictions upon each lot therein.

WHEREAS. Paragraph 3 of said Restrictions states that front set back line shall be fifty-five (55) feet.

WHEREAS. Philip A. McAfee and wife. Susan McAfee. are the owners of Lot Ninety-Seven (97). in said subdivision. and wish to have the front set back line reduced to fifty-two (52) feet.

NOW, the undersigned, ELBERT K. SCHOLZE. having determined that

this variance does not materially or adversely affect the purposes sought to be attained by Restrictive Covenants recorded in Book 3713, Page 876, in the Register's Office of Hamilton County. Tennessee. does hereby grant a variance of the front set back requirement as to Lot Ninety-Seven (97), Granada Estates, Unit 4. as aforesaid, from fifty-five (55) feet as set

out in said Restrictive Covenants. to fifty-two (52) feet, and does hereby covenant and agree that the dwelling being constructed on said lot may

be so maintained. and any right of action for injunction. suit for damages. or otherwise, is waived and released. Said lot is vested in Philip A. McAfee and wife. Susan McAfee by virtue of deed recorded in Book 4021.

Page 536. in the Register's Office of Hamilton County, Tennessee.

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IN WITNESS WHEREOF. I have hereunto set my hand on this the G?tA"

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STATE OF TENNESSEE COUNTY OF ~~ILTON

On this the 0 day of • J.993. be fore me

personally appeared ELBERT K. SCHOLZ known to be the person

described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed.

My Commission Expires ~~~;f~1

IN WITNESS WHEREOF, 1 have hereunto set my hand and Notarial

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SARAH r'. DEFRI":SE REGISTER

!-'.\MILTO!'> ~':'UNTY STATE OF TENNESSEE

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Raymond A. Fox, Jr., Attornoy PC 7401 East Brainerd Road, SuiLo 150 Chattanooga, Tn 37421

Nhercas, ELBER'!' K. SCHOLZE is tho owner and dovo i op e r of p rop o r t v in the .§.Q.£Q.!!.Q. Ci vi 1 Dis tric t; of Hami 1 ton Coun t y , Tennessee, which has bean plat.ed and is known as ~.i!iL.E!Lt.!:l..1:..QR.' as shown by p r.a t of subdivision recorded in PlaL

~ Book _il...., page __11LL., in. tho Register's Off ico of Hamil ton County, 'l'cnnossee.

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_ ~ Whereas, by r-e s t.r i c t.Lvc covonan ts on Granada E:s\:.ato.s, Uni L No. 4 recorded in ~ook l.1..li, Page 876, in tho H09is\:.er's Office of Hamilton Count.y, Tennessee.

EDWARD K. SCHOLZE places certain restrictions upon each lot Lhere.in.

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Whereas, r t.orn 3 ~j,n said restrict.ions states that no residence shall be

located on anyone of said residential building plots nearer than 55

feet to the front lines.

Whereas, Brian ~. Stubblefield and wife, Terri L. Stubblefield purchased

Lot 123 in said subdivision and have erected a house on said Lot, .l.E..:..2.. feet from the front street.

Whereas Item 17 in said restrictions states that. in the event of violation

of setback lines, which may be minor in character, they can be waived by Elbert K. Scholze, his heirs or assigns.

Now Elbert. K. Scholze desires to grant said wa i vo r as \:0 the front st.reet

setback requirement on Lot 123 only.

IN WITNESS thereof I have here unto set my hand on the <':.2._ day of ::o,l.::;u:,;;l::,.>,-' _

1995.

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C\ COUNTY OF HAMILTON

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, Personally appeared before me, the undersigned a Notary Public in and for

....) said County a rrd s t.a t.c , t.he within named ELBERT K. SCHOLZE, the bargainor, with ~ whom I am personally acquainted, (or proved to me on the basis of satisfactory

o evidence), to be the persons described in and who executed the wi t.hin instrument for the purposes therein conu a med . Wf' e s s my hand and official

~ seal at CHATTANOOGA, TENNESSEE, t.his 8.:..!!..!..:.. day of . '- l. \\. ,19,22.

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05/03/96

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VARIANCE OF RESTRICTIVE COVENANTS AND WAIVER OF RIGHTS TO ENFORCE

The undersigned. having determined that this variance does not materially or adversely affect the purposes sought to be attained by Restrictive Covenants recorded in Book 3713. page 876, in the Register's Office of Hamilton County, Tennessee, do hereby grant a variance of the setback requirements as to Lot 124, Granada Estates, Unit 4, as shown by plat of record in Plat Book 43, page 181, in the Register's Office of Hamilton County, Tennessee. and do hereby covenant and agree that the dwelling being constructed on said lot may be so maintained, and any right of action for injunction. suit for damages. or otherwise is waived and released. Said lot is vested in Sundeck Designs. Inc. by virtue of Deed recorded in Book 4515. page 169, in the Register's Office of Hamilton County, Tennessee.

IN WITNESS WHEREOF I, ELBERT K. SCHOLZE. have hereunto set my

hand. on this the 0'04- day of 0.effit?<' .;:]:6.

!:~LZE~-

STATE OF TENNESSEE) COUNTY OF HAMILTON)

On this ~ day of ~ 1996. before me

personally appeared ELBERT K. SCHOLZ~, to me kn?wn t~ be the person described in and who executed the forego~ng ~nstrument and acknowledged that he executed the same as his free act and deed.

IN WITNESS WHEREOF I

have hereunto set my hand and Notarial

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Seal.

My commission expires:

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PllG'ARSl BY IIAl.f.HAI.l!a_ AlT~N<VS AT lAW rn_smm CHAlTANOOGA. ~ 37«12

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BOflK4878 PAGEi37

Prepared By:

'Ti.tle Escrow of Chattanooga, IlIIlc. 7401. East Bra'lnerd Road. Suite 150 Chattanooga, Tennessee 37421

05/29/97

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Whereas. ELBERT K. SCHOLZE is the owner and developer of property in tbe SECOND Civil District of HamiltGQ County. Tennessee, which has been plated. and is kllown as GR..A,NADA ESTATES, UNIT NO.4, as shown by plat of subdivision recorded in Plat Book g page 181. in the Register's Office of Hamilton County, Tennessee.

Y Whereas, 'by restrictive covenants on GRANADA ESTATES, UN:n NO.4 recorded in Book 3713. Page .. ~ 816, ill the Registe.r's Office of I.iamntOJl County, Tennessee. ELBERT K... SCB01ZE places certain g restrictions UpOD each lot therein.

Whereas, Item l in said restrictions states that nO residence shall 00 located OP any one of said residential building plots nearer tlun ~ feet: to tbe street.

Whereas, PAMELA c. SMlTl{ purcbased Lot 11.3 in said subdiv1sion and 'bas erected a bouse on said. Lot, g feet, more or tess, from tbe front street.

Whereas Item _!1_ in said. restrictions states tbat in the event of violation of setback lines, which may be minor in character, they call be waived by ELBERT K. SCHOLZE.

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....sJ Now ELBERT K. SCHOLZE desires to gra:nt said Waiver as to the front street setback. requirement on

~ Lot 113, UNIT '" only.

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DDS JNSD'lUMENT WAS PREPARED WITH lNFORMATION ll11RN'ISJDID BY 1"B:E PAR."l"IES INVOLVED AND THE I'REP.A.lUIR.MAKES NO REl'RESENTATlON AS TO Trl"l..E Oil A..CCUR.A.CY OF INFORMATION.

IN WITNESS tbereofl have here unto set my band en thiJ7~y of Iltay

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STATE OF 1-e/l/leSSe -e - CO"UNTIl OF !da/JV'Ib_J

.1997.

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PIONEER nns AQErtC'l',lb 513 GEORGIA AVENUS ~HAnANOOGA. Til

BOOK4948 PAGC281

PTA 83605

WAIVER OF RESTRICTION

WHEREAS, Elbert K. Scholze, was the owner of lots in the subdivision kno"Wn as Granada Estates, Unit 4, as shown by plat of record in Plat Book 43, page 181, in the Register's Office of Hamilton County. Tennessee;

WHEREAS, E~bert K. Scholze, caused to be placed of record restrictions on said Subdivision, said restrictions being of record in Book 3713, Page 876, in the Register'S Office of

Hamilton county. Tennesseej

WHEREAS, Item 3. of said restrictions states, fiNo residence shall be located on anyone of said residential building plots nearer than fifty-five (55) feet to the street and rear lot lines nor nearer than ten (10) feet to any side lot line nor nearer than twenty-five (25) feet to any side street line; For purposes of this covenant, eaves, 'steps and open porches shall not be

• I

considered as a part of the bUilding, provided, however, this

shall not be construed to permit any portion of the building on the lot to encroach upon another lot. All above as stated unless stated otherwise on recorded plat. All driveways must be concrete unless approved otherwise, fifty-five (55) feet to street can be adjusted by developer."

WHEREAS, as stated in Item 17, n In the event of violation of set-back lines, either side, front or rear, which may be minor

in character, a waiver thereof may be made by Elbert K. Scholze,

his heirs and assigns".

WHEREAS, Michael W. Toth and Laurie L. Toth, have caused a house to be erected on Lot 103, of said Subdivision. Said house

being erected Forty-four (44) feet from Indian creek Lane, Twenty-eight (28) feet from Imperial Drive and Thirty (30) feet from the rear lot line, all being minor in character due to Lot 103 being a corner lot and the size of said lot; and

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WHEREAS, said location of said house is in violation of said

rest~ictions, bat said violation being minor and does not materially affect the same;

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BOOK4948PAG£282

NOW THEREFORE, for a sufficient consideration, Elbert K.

Schol:.::e, as Devel.oper, does hereby waive any and all. injunctive rights or rights to damages that he ~ay have under the terms of the above restrictive instrument for the violation set out hereinabove and does hereby amend and reduce the front building setback line from Fifty-five (55) feet to Forty-four (44) feet on Indian Creek Lane and to Twenty-eight (28) feet on Imperial Drive, and the rear building setback line frOM Fifty-five (55) feet to Thirty (30) feet, more or less; and by taking this action does not assume any liability whatsoever towards any other owners of any properties in said subdivision who purchased said property likewise restricted; and further by taking this action no intimation shall be impl.ied that this action might be taken as to any other of said properties; and this instrument is not intended to nor shall. it be construed as attempting to waive such rights as any other owner of any of the lots covered by the above

mentioned restrictive covenants may have against Michael W. Toth • I

and Laurie L. Toth under the provisions of said restrictive

covenants, by reason of the violation set out hereinabove. The

restrictions shall remain in full. force and effect, except as herein provided.

~997.

wi tness my hand on this the ;?f

09/25/97

MIse

8.00

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STATE OF TENNESSEE COUNTY OF HAMILTON

On this the ~ day of .~~ , 1997,

before me personal.ly appeared ELBER'r ~o me known (or proved to me on the hasis of satisfactory evidence) to be the person who executed the foregoing instrument in behalf of himself, acknowledged that he executed the same as his free act and deed.

WITNESS my hand and Notar~~

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