1 Sauett 6 Pa 64] Ww. JECEARAS.ION_OF icrvE, 8, REE "JON PRE: SUBDIVISION, x THIS DECLARATION oF PROTECTSVE COVENANTS, CONDITIONS & RESTRICIIONS (the *Declaration") is ekecutad thia day of ay. , 2000, by Scottland chase Venture ‘and Villages of g6cteTand, Liu.¢, [collectively referred to as ‘Developer"|, WITNeS Sern: WHEREAS, Developer ia the owner of certain real getate in Rutherford County, Tennessee ac more particularly described on Exhibit "A" attached kereto and as shown upon the Plat for Prestwick, of record in Plat Rook 21, page 115, Regieter's Office for Rutherford county, tennessee [said real estate being referred to herein aa the *Developrent*) ; and WHEREAS, Developer desires to provide for the protection and preservation of the values, amenitics, desirability and attractiveness of the Development; and, WHEREAS, Developer desires’ to establish and provide a system of adriniateation, operation and taintenance of the Common Areas of the Development; and, WHEREAS, Developer further deaizes to establish for Developer's benefit and for the mutual benefit, interest and advantage of each and every person or otaer entity hereafter acquiring any portion of the Development, certain Eights, eascnents, privileges, obligations, restrictions, covenants, Liens, ‘assessments, and regulations governing the use ‘and occupancy of the Development and the mainvenanes, protection and adninistration of the common use facilities thereof, all of which are declared to be in furtherance of & plan to'promote and protect the operative aspects of kesidency or occupancy in the Davelepment ang on all. portions thereof, and are intended so be covenants running with the land which shall be binding on all parties having or acquiring in the future any right, title or interest in and ro all or any portion of the development, and which ghall inuze to the benefit of each srescnt and future owner Chereor, Now, THEREFOR, Developer, az legal Litle holder of the Development, and fox the purposes set forth above, declares as follows: ARTICHE 1 DEvINITIONS ‘The following words when used in thie Declaration or any supplemental declaration hereto (unless the context shail prohibit) shall have the following meanings: 1, NAnnual Assesswents" shall mean and refer te the asvessment described in Article V. 2. Asgociation™ shall mean and refer to Prestwick Homeowners Association, Inc., a not-for-profit corporation to be organized and existing under tho lava of the State of Tennessee, ite successors and assicns. 3, "Board" shall mean and refer to the Board of Directors of the Association.Recgrd a 3 645 4. “ay-Laws" shall mean and refer to the By-Laws of the Association attached hereto as Sxhibit "B® and’made a Part hereof aa the sane may be amended from time co time. 5. MCommittes" shall mean the Architectural Control Conmittes established pursuant to Article V hereof. "Common Areas" shéll mean and refer to all facilities within the Developrent used in common by the Ownare, including without limitation, all roads, footpaths, bicycle patha, jogging trails, recreational facilities, gates, boundary’ walle snd fences, median arcaa, and acy areas’ lying within or adjacent to the roads which axe Uestrable for the Association to maintain and landscape, The Conon Azeas may be owned by the Association in fee or for a term of year, but for the non-exclusive use, benefit and enjoyment Of the owners subjece to the proviaiona of this Declaration, and will be shown as Common Areas on the Plats of the Development placed of record now or in the future. 7. *Declaration” shall mean and refer to thia Declaration of Protective Covenants, Conditions and Restrictions applicable to the Development and which io Eevorded in the Office of the Register of Decda for Rutherford county, Tennessee. 8. _"Pevelopex" shall mean and refer to Scotland Chase Venture and Villages of Scottland, b.L.c. having thelr principal place of business in Murfreesboro, Tannesaee, their successors and assigns. 9. "Development ahall mean and refer to the property deseribed on Bxhibit "A" attached hereto and wade a part hereof, 20. "Bnginser* shall mean the architect or engineer engaged by the Conmittee to review Plana pursuant bo Article v Rereot. 4. "Impositions” shall mean and refer to any Annual Assessments, Special Agseasments, Supplenental Landscape Assessments, or any other charges by the Association against oe ox yore Lots owned by an Owner: Yogether with costs of enforcement and reasonable attorneys fees in connaction therewith, and ahall additionally Snclude, to che extent authorized by the provisiona herein, interest thezeon 12. *Improvenente" shall mean any building, bullding addition, ‘outbuilding, garage, detached atructuze, swinming pool, recreational facility, driveway, parking area, walkway, wall, fence, or utility service, or auch other improvement ox atructure constructed or located upon ali ov apy portion of the Development. ft ia invended chat this definition of *Improvenenta” be broad in sospe end ie intended to encompass any man-made alteration of the condition of the Lot or Common Aresa from and after the date of thia Declaration. 23, "hot" shall mean and refer to any plot of land within the Development to be used for single family. residential purposes and ao designated on the Plat. 14. | WMajority of Ownere” shal] mean and refer to ghe holdere of wore than fifty (30%) percent of the toral Votes of the Members 15. "Wenbex* shall mean and xefer to any person ©F persons who shall be an Owner, and as auch, shall be aRecgry bo Member of the Association. "Clase A Menbers" ehall maan and refer to any Owner other than the Developer, and " Clase B Member™ shall mean the Developer. 16. "Momtgage" shall mean and refer to any holder of a first priority daed of trust encumbering one or more Tota. 27, "Owner" shall mean and refer to the record owner, vhether one ox more persona or entities, of tne fea Antereat in any Lot within the Development, excluding however those parties having such interest merely aa a security interest for tha performance of an obligation, 48. "Plat" shall mean and refer to the Final Plat Qf Prestwick, of record in Book 21, page 115, Regiaten's office for Rutherford County, Teonsaee, aa the ame nay be amended or supplenented from tine to tine 49. *Pergon" shall mean and refer to a natural Person, as well as a corporation, partnership, firm, association, trust or other legal entity. The use of the masculine pronoun shall include the neuter and feminine, and the use of the singular shall include the plural where the context so requires. 20. "Plans shall mean the detailed plana Prepared for’ construction of any Improvement which shall Somply with the provisions of article V, Section 4 hereo!. 21, "Special Asseseuenta" shall mean additional assessments of Owners made from time to tine by che Board pursuant to Article IV, Section 2. 22. "Vote" or *Votes" shall mean the vote or votes in the affairs of the Association to which each wenber ig entitled, all as shown cn the schedule attached hereto a3 Exhibit © and incozporated herein. ARTICLa 11 PROPERTY SUBJECT TO THIS DECLARATION 1. Definitien of Property s) Reclaxation: The property which is and shall be hata, transferred, aold, conveyed and ccaupied subject to this Declaration’is located in Murfreesboro, Ruths=ford County, Tennessee, and is more particularly described on Exhibit’ fa and shown'on the recorded Plat of Phase i consisting of Lot Wunbers 1 through 16 and the Common Araaz shown thereon, and ell subsequent phases and subsequent replatted lota, The kote and Common Axea shovn on the Dlat are nade ubject co Ehis Declaration. ‘tho Developer, ae the legal ticle holder in foe of the Development, hereby aubnite and eubjects the Development to the provisions of this Declaration. and By. Law. The covenants and reatrictions contained herein constitute covenants cunning with the land and binding on ell parties now owning or hereafter having or acguiring apy Right, title or interest in any Lote or any portion of the Development, and shall inure co the benefit of each Omer hereof. Bvery Person hereafter acquiring a Lat or any" portion of the Development, by acceptance of a deed thereof, shall accept such interest’ subject fo the Lerma and conditions of this Declaration, and by acceptance of the sane shall be deemed to have conented to and be bound by the terms, conditions and covenants of this Declaration. aRecord oP ARTICLE 121 ASSOCIATION MEMEMRSHTP AND VOTING RIGHTS 1. Members. very pergon who ia an Omer of Fecord of a fac interest in any Tot which is included in the Development shall be a Menber of the Association. Menberahip in the Association is appurtenant co and way not be separated from ownerahip of any Lot. 2. lassen of Meubership. The Association shail have two classes of membership: a. Clase A Menbera shall be all ovnera except fox the Developer prior to the termination of the Class 5 Membership. If, however, Developer own one or nore Leto upon or after the termination of ite Class 8 Merbership, then Developer shall became a Clase A Member, b. The Clags B Member shall be the Developer, ike successors ox apaigns, The Class 8 Menbership shall terminate and cease upon specific written rerminacion by Baveloper or its successor or assigns, or the last £0 osc gf (1) Developer owns fewer than tee (2) lote in the PRESTRICK development or any sectione added thereto or (4) ten yeaza from the date hereof. 2, Noting and Voting Rishte. The voting righta gf the Menbera shall be appurtenant to their ownership of Lots. The two Classes of Members shall have the following voting rights. a, Bach Class A Menber ghall be entitled to gant one vote for each lot ovned by such Member. when two o sore persons hold an interest (other than a leasehold or security interest) in a Lot, all such Persoue shall be Members, but the Votes attributable to such los shall be exercised by one of such Persons a proxy and uominee for all such Menbera and in no event shall more than one (1) Member be entitled to cast the Vote attributable fo any one Lot. Furthextore, neither the Developer nor any other pexson or individual dealing with the Development shall have any duty to inguize as to the authorization of the Menbor Easting the vote for any such Lot, but shall be entitled to rely upon the evidence of voting aa conclusive evidence of such Venber's authority to cast the Yore attributable to such Lot. b. The Class B Member shall be entitled to cast three votes for eaci lot owned. ‘the Clase B Membership shall cease and be converted to Claas A Menbership when eho fetal votes outstanding in the Class A Membership equal the total votes outatanding in the Claga & Menbershie. c. Any Member who ig delinguent in the Payment of any charges ox assessments duly levied by the Besociation against a Lot owned by auch Member shall nos be entitled to vote until all such changes, together with Feagonable penalties and interest thereon as the Board may impose, have been paid to the Association 4. Manner of Voting. Except as specifically Provided elsewhere herein, the Roard shall have the authority to regulate the’ procedural rules governing the voting of Members, the acceptance of proxies from Menbers, the validity of voice votea, ballot votes, or other manners ef voting, and any regulation of the solicitation of vores or proxies 28necgra. Pag Organization. (a) The Association is a non-profit Tennesses coxporation charged with the duties and invested with the Powers prescribed by law and get forth in the Articles, By Saws and this Declaration. Neither the Articles nor tie By- laws shall, for any roaon, be amended or ucherwise changed | or interpreted so as to be incensistent with ehis | Declaration. “in tha event of any such inconsistency, the {| provisions of this Declaration shall prevail. The officers and directors of the Association allall be required to be | either (1) Menbers of the Association; or (it) sfticars, | dixectors, agents, representatives or employees of Declarant or a successor to’ Declarant. | if i (b) A Board of Directora of the Association, and such officers as the Board may elect or appoint, shall Gonduct the affairs of the Association in accordasice with the Prestwick documents. The Board shall, except to the extent specified Menbership approval shell -be required by the By-Laws oz by this Declaration, act on behalf of the Association in the implementation of this Declaration. 6, Duties of the Agsociation. The Association shall, in addition to stich obligations, dutice and Ewactsons a6 are assigned to it by other provisions of this Declaration, have the obligations, dutics and functions, (subject to'the provisions of this Declaration), to do and perform each and every of the following for the benefit of the Ovmera and for the maintenance, administration and improvement o£ the properties. 2, Powers and Authority of the Aggociation, The Asaoclation shall have all of the pevers Of Smee eourte corporation organized under the laws of the Stace of Tenieseee, cubjecs only so such limitations ugon tee exercise of such pokers aa are exprosaly act forth ia the areisies, the By-Laws, or this Declarat tons The Resociation Shatl hale the powor to do any and all lewiul things chsh nay be authorized, requived of pernitted to bo done by the Asdocietion under this Declaration, the Artleles and by. laws, and to do and perform any and ell acte which may’ be || mecessaty ox proper for or ancldental to the exercise of any of the express poworg of the Aanociation, including the || following which are Listed without tnconé to Limit the | foregoing grant (a)_Aesennpente. to levy assesment oon the | cyners of tote andeo:entsres’ paygeat be asenenane 00m tbe || SEPER accordance vith the prot vions of Soh asceeomerte, | {b) Right of enforcement in ite own name, en site own Behalf ox on behalt of any Owner oF ounene une consent thereto, to comance and itaintain actions and sults to restrain and’enjoin any breach or tareacened breach of any Prestwick covenanta, conditions, obligations or ditves and to enforce, by mandatory injunction oF othorwive ait || the provisions ’of che Declatation, Articles and By Laws fe) Basements and Righta-of-Way. To grant and convey to any third party easements and righta-of way in, on, over oF under the Common Areas for the purpose of constructing, erecting, operating or maintaining therson, therein, or thereunder, (i) overhead or undergreund Linea, wables, ‘wires, conduit’ or other devices for che tranamiagion of electricity and for lighting, heating, power, telephona, Eelevision cables, radio and audio antennae tacilicies and for other appropriate purposes; (ii) public sewers, storm water drains and pipes, water gyster, sprinkling systems, “6aeeard B04 sett water, heating and gas lines or pipes; and (iii) any elmilar Publié or quasi-public improvenents or facilities (a) Employment of Manager and smployees. To ewloy the services of any person or corporation 2s manager, together with employes, to manage, conduct and perform Lae business, obligations and duties of the Association as may be directed by the Soard and te enter inte contracts for such purpose. Such manager and ouployees shall have the Fight of ingreas and earess over such portion of the Proverties as is reasonably necessary For the purpose of Performing auch business, duties and obligations: (s}_ Mortgage Protective Agreements, To execute and cause to be recorded from tine to time agreements in favor of holders or insurers of mortgages Secured upon portions of the properties. such agreemente may condition specified action, relevant to thia instrument, 9f the activities of the Association upon approval by a specified group or nunber of mortgage holders or insurera Aetions and activities which may be so conditioned by such agreement may include, but shall not be limited to, the following: (4) any act or omission which seeks to abandon, partition, subdivide, encumber, sell'or transter the Common Areas or any othex real estate’ oz improvenente owned, Gizectly or indirectly, by the Association for the nenefie of any ote; (ii) any'change in the method of determining the obligations, assessments, dues or other charges which may be levied againet the owners of lots; (iii) any act of omission which may change, waive er abandon any scheme or regulations, or enforcement thereo!, pertaining to the architectural design, exterior appearance oz exterior maintenance and improvements erected upon the properties, driveways, or the upkeep of lawis or plantings located upon the propexties; (iv) failure to mintain specified fire and extended coverage inmrrance on insuraile portions of the Gomnion Areas; “(v} use of hazard insurance proceeds for losses to any improvenant erected upon the Comnon Areas for other then the repair, replacenent or reconstruction of such improvements; (vi) the gailure to maintain kinds of ingurance and amounts, from and covering r!ska as spect fied hy euch mortgage holders or insurexs; (vii) permitting holders of specified nortgagea on lots to jointly ox singly, pay taxes or other charges which are in default which may have become 2 charge against the Cormon Area, £0 pay overdue reniums on hazard Insurance lapse of any such pol icy for such property and permitting mortgagaes making any auch paymenita to recover the amount thereof from the Association, (f) Right of Entry. Without liability to any ownex of a lot, to Cause ite agents, independent contractors, and enployees after reasonable notice, ox without notice in the event of an emergency, to enter upon any lot for the purpose of enforcing any of the righte and Powers granted to the Asacciation in the Tnatmments, Articles and By-Daws, and for the purpose of maintaining oF repairing any porticn of the properties if for any reason whatsoever the Owner thersof Fails to maintain Ip in good condition and repair and so as to present an attractive exterior or appearance as required by the documents, OF as reasonably required to promote or protect the general health, oafety and welfare of the residents and users of the properties, (gs) Maintenance and Repair Contracts. To contract and pay for or otheruise provide for the maintenance, restoration and repair of all improvemente of whateoever find and for whatecever purpose from tine Lo eine Jocated upon or within the Comon Areas or ao required for exterior fiaintenance, sidewalka ox lot clean-up in the eventRecord Bo 8 Po owner fails to maintain as required. (h) Ensuranee, To obtain, maintain and pay for such insurance policies’ or bonds, waether or not required by any provision of thia Instrument or any By-Laws, ae the Association shall deen to be appropriate for the Protection or benefit of the Asscctation, the Menbers of the Board, the Members of any standing comittas, their tenants or gueske, including, buk without limitation, fire and extended insurance coverage covering the Common Areas, liability insurance, worker's compensation insurance, ‘and performance of fidelity bonde. (i) Utility service. To contract and pay for, or otherwise provide for, utility services, including, but without limitation, water, sewer, garbage, electrical, telephone and sae Services, () Professional services, To contract and pay for, or otherwise provide for the contruction, Feconstiuction, repair, replacement or refinishing of any roads, drives or other’ paved areas upon any portien of the properties not dedicated to any governmental unit and on the iota in the event the owwers fail to keep such paved area maintained and repaired. (k) Protective Services. To contract and pay for, or otherwise provide for, fire, security snd sueh cbhor protective services as the Ascociation shall fron time to Eime doom appropriate for the benefit of tha propertice, the Owners and their gueste (1) General Contracts. To contract and pay for, or otherwise provide for, such materiala, supplies, Furniture, equipment and labo! ag and to the extent ehe Association deems necassary. (m Hens. To pay and discharge any and all liens from time to tine placed or imposed upen any Common Areas on account of any work done or perforted by the Association and the fulfillment of any of ite obligations and Guties of maintenance, repair, operation o: aduinist ration. (n) Condemnation. the Association shall Eepresent: the Owners in any condemnation proceedinga oF in negotiations, settlements and agreementa with the condemning authority or’acquisition of any of the Common Areas oF any, part thereof. In the event of a taking of acguisition of Part ox all of the Common Axeas by any condemning authority, Ehe award or proceeda of settlanent hall be paid to the Association for the use and benefit of the lot owners and their mortgagoes as their interests way appear. Ail onuera, by the acceptance of a Deed conveying @ lot, irrevocably constitute and appoint the Association theif true and I4wful attorney in their name, place and stead for the purpose of Sealing with any condemning authority in any condensation proceeding. Title to the iota da declared and expressly, made cubject to such irrevocable appointment of the power of attorney, Any distuibution of funde in connection with the gondemation of any part of the Common Area shall be made on @ reasonable and equitable basis by the Board or by a epecial committee appointed by the Board for that purpose, ARTICLE IV PROPERIY RIGHTS 1. Ouner’s Hasement of Enjoyment. Svery owner in eRecgra addition to a perpetual unrestricted right of ingress and egress to his own lot which passea with title shall have the Aghe and casenent of enjoyment in and to the Common Areas: which shal] be appurtenant to and shall pass with cho ticle te every lot, subject to the following provision: (a) The right of the Asdociation to permit the se of and to charge reasonable admission and other fees toe the use of any recreational facilities situated upon the Gonwon Azea; and to limit the number of gueata ant adopt wules xegulating the use and enjoyment of the Common Areag. (2) The right of the Agaceiation to suapend the voting righte and right to uae of che recreations! facilities by an Owner for any period in which any easesement against his lot remains unpaid; and fev a period not to exceed sixty (60) days after notice and hearing a0 ay be provided for in the By-Laws or rules for an infraction ef ite published rules and regulationa. fo) The right of the association to dedicate ox transfer any part of Ens Common Area to any public agency, authority, or utility for the purpose of providing ubilities, streets, or any similar purpose, 2, Beledation of Use. Any omer may delecate, in accordance with the By-Laws, Rig zights of enjoyment os the Comon Area and the facilities to the Menbers of hia family, ©F contract purchasers, wio reside on the property, 3. Barking Rights. The use of parking areas, if any, within the Common Area, together with the bores aad gonditions with regard to sca use, shall be subject ts che Association rules aa same are in effect from tine to Lime 4, Land Use. No lot shall be used except for residential purpose. ARTICLE V ASSESSMENTS a. al_Asgeasmenta. The Board shall have the Power and authority Eo levy annual amcesements agadnee the Jote within the Developnent. Annual Assessments shall be used Ee provide funda for such puzpoass as the Board shall determine to be for the henefit of the Development, including, without limitation, the improvement, maintenance, eperation and security of the Developent and Commal Ares: Payment of taxes and insurance thereon, payment of ues licy bills thereon (including water for sprinkler systems) Paynent of reasonable costs to provide attractive seasonable jandscaping of the Comon Areas, street maintenance asst, the repair, replacenent and additions chat may oe necessaty te the Comhon Areas and the coat of labor, equipment, materiale, management and supervision thereof. The Board shall have the right, but not the obligation, ‘to use the dunual Agsesanents 26 provide supplenental landsesping, naintenance within Lote, and to provide garbage ant toash collection and disposal, if needed, to sappienene thee provided by public authority. the Board shall fix the mount of Annual Assessment each year by preparing an annual budget for the services to he provided by the Ascuciation to ths ‘coming year, and allocating said amount among the Lote equally. 2. special Agsessenta. tm addition to the Annual Assessments authorized herein, the Board way levy aRecarg Peak Spesial Assosonent applicable to a particular year, provided that any such Special Assescwont hall have the affirmacive Wotes of not less than fifty percent (508) of the tocal Votes within the Association at a meeting of all Menbero which shall be held after not lege than five (5) days" written notice of the date, time and purpose for said fieecing, st whieh a quorum ghall be present. Special Asseasments shall be due and payable on tho date which is fixed by the resolution authorizing auch assessment. 3. Exempt Propaxty. The Inpovitions and liens greated under this Articie shall not apply to the Common Areas. All property within the Development whicn is Gedicated to and accepted by a local public authoricy, which is granted to or used by a utility company, or is designated 88 Pert of the Conmon Area shall he exempt from sues Inpositiens. 4 exty Ounes weloper. peveloper ie exempt from seventy-five percent (75%) of all assessments, and shall pay for each lot it owns which is platted and subject to these restrictions, only twenty-five percest (258) of ali such ausessments’ and costs of cach and every Kind levied by the Asacciation. Developer wil? have no obligation for assessments for any land which may be brought until said land is platted and made subject to these Restrictions ‘nethod for Annual Aasessmenta, Unleae provided otherwise by the Board, each Owner shall pay its Annual Assessment on oF Before the first of April of the year to whieh sald gasessuent relates, and the Board shall tix the amount of the Annual Assessment and sends notice theseot to ceuh Owner on or before the first of February of each such year. The Board shall have the power and authority ts require guaxterly or monthly payments of installments of the Anmwal Assessments from such Ownera as the Hoard deems suitable, or way requize all Annual Aasessnenta to be paid on a quarterly or monthly basis, at ite determination 6. Commencement. The eligibility for annual Assasoments for a Lot shall conmanee upon purchase of the Lot from Developer, or Developer mey Heveafter aot a dete fox assesoments to commence for all Lote which have been Purchased from Developer. Assesarents on Lots that firet Become subject to assesnmenta during a calender year ehasl be prorated on a calendar year basis for the rendinder of such calendar year, 7. Records of Assessments, the Association shall cause to be maintained in the office of the Association a zscord of all Lote and Impssitions applicable thereto which ehall be open to inspection by any Owner. Written notice of any Tnposition shall be mailed to svery Owner of the Lot subject to assessment. Tho Association shall, upon dewand and payment of a zeascnable charge, furnish £6 say Ownes a certificate in writing signed by an officer of che Association setting forth whether the Inpositiona againet the Owner’a Lot have been paid, and if not, the amount then gue and owing. Absent man: feat error, euch certiticate shall be deemed conclusive evidence to third parties se to the statue of Inpositions against any tot within che Development 8. Creation of Lien sonal Obligation for Agsesgnents. Hach Owner of any Lot shall, by ite accovance fa deed thereof, whether or not it shall be so expresved an any auch deed or other conveyanca, be deened to coveraatRecord Bo, BP a ode and agree to ell the terms and conditions of this Declaration and promises to pay to the Association all Tapositions which may be due from an Gwaer from tine to Sime, All Impositions, togather with interest taereon and cost of collection thereof shall be a continuing lien ueon the Lot against which such Impositiona ia levied ae of che effective date of each such Imposition. Bach such Imposition, together with such interest therean and cost of collection’ therefor as are hereinafter provided, ssall aloo Gonist of the personal obligation of the verso who wee une of ouch Lot at the Lime when the same fell due, tn the event @ Lot is owned by more than one Nenber, ali of such Members ghall be jointly and severally liable for the entixe Inpooition then due. 2. BE -Payment of 3 don. If any Imposition hereunder is not paid upon the due date, or sf any simllar charge otherwise agreed to be paid by Owners in ghall be delinguent and shal] accrue interest thereon at the highest rate then permissible under the laws of the State of Tennessee conwencing upon the due date, if ouch Imposision ag not paid within thirty (30) days after the due date, then the Association may bring an action at law against she Owes personally, and/or at its option, foreclose che lien againec Ehe Lot by’ court action or trustee eale as hereinaftes provided, and there shall be added to the amount of such Emposition, eli reasonable attorney's fees snd costs incurred by the Association in any auch action, and in the event a judgment is obteined, auch judgment shall ine!ude daterest on the Imposition az indicated above, do. cement of Lier ofa gale. For and in consideration of the privileges and provestion granted in this Declaration, and the mitual enjoyment and use of the Common Areas, and for the express pairpeae of Securing the payment of the Tmpositions described azove, in gxder to avoid unnecessary court proceedings or delays for the enforcement of the liens described above, each Owner by accepting a deed to a Lot for their heira, successors and gsoigna, does hereby transfer and convey into John Harney, Tmatee, his successors and aasigns ("irustes"), cach aach Lot deeded to such Omer with the appurtenances, socates title and interest thereto belonging to the Trastes fee’ the: following uses in trusts Bach Owner agrees to pay all Impositione provided herein when due and upon demand of said Trustes or the Association, to pay, discharse, or fenove any and all Liens Qxeept a first nortgage cr deed of trust lien which may hereafter be placed agains: said Lot which would edvesely affect the Lien granted herein, and in case the Trutee of hia successors of the Resociation ehall hereafcer he zequixed to appear in any court or tribunal to enforce, or dgfend the title to, or possession of, or costs and expences of such appearance ox proceedings, tegether with a Feasonable attornay‘s fee, shall be allowed and be payable by said Ouner upon demand’ of the Trustee or the Assoclation, and upon failure to do any of these things then asia Trustee F Ragociation may "do any or all of said things, and the anounta go paid shall bear interest from the date of payment gt the highest xate then permitted by the lawa of the state gf Tennessee and shall be and become’a pazt of Lhe indebtedness secured hereby. Et any Imposition, together with interest thereon, is not paid promptly when due or within a period of cure ailowad above, or if after said omer fails to pay any other sus due as above provided, or further, fail eo reiuburse the Trustee or Ranceiation'within thirty (30) days from the -10-Reser Peat date of the Trustee’s or Association's payment of such suns, ehis trust conveyance shall revain in full force and effect, and the said Trustee or his successor in trust 1s hereby authorized and enpowered, upon giving twenty (20) days’ notice by three (3) publications in any daily or weekly Rewapaper published in Rutherford County, Tennessee, to sel) said Lot at the front door of the Courthouse in aid County, fo the highest bidder for cash at public outcry, free from tbe equity of redemption, statutory rights of redemption, honestead, dower, and ali cther exemptions of any kind watch gue hereby expressly waived; and the aid Trustee ox his successor in txust, is authorized and empowered £0 execute and deliver a deed’to the purchaser at such foreclosure sale, The Association may bid at any oale under this trust Genveyance. ‘the Trustea may at any tine after default and the payment of any of the above described indebtedness enter and take possession of said Lot and shall only account foc the net zents actually received by said Trustee. re is further agreed that in the event the Trustee fails, before selling said Lect a0 herein provided, to enter and take possession hereof, the purchaser shall be entitled to inmediate possession of said tot upon delivery to him by the Trustee of a deed for said tot. Ta case of sale hereunder, the proceeds shall be applied by the Trustee aa followsy (a) to the payment of all costs, charges and expenses of executing this conveyance and enforcing said lien as herein provided, together with ceagonable attorney's feea Zor advice or for Spatituting and defending any litigation which may arise on account of the execution of this conveyance or the suforcement of said Lien, together with the expenses and costs of any auch litigation, {) to the payment of all taxes which may be unpaid upen said Lat, {c) to the payment of all unpaid tmposittons herein secuzed, (a) _ the residue, if any, to be paid to the order of said Ouners'or the'r representatives ox assigns Th the event of the death, abgence, inability, ox refusal to act of said Trustee at any time when action of the foregoing poners and trusts may be authorised, oc for asy other reason, the lawful owner and holder of aid lien is bexeby authorized and empowered to name and appoint a Successor in trust to exeoute thia truat by an fmetrument in weiting to be recorded in the Register's Office for Rutherford County, tennessee, and title therein conveyed to Ehe above named Trustes shall be veoted in said Succefoce Trustee. ‘the Trustee is authorized to appoint an actorney- incfact to conduct in his stead and on his behalf and with ihe sane power posseseed by said ‘Trustee ag granted hereja any and all foreclosure sales authorized above Ll. | Priority of bien. The lien described in this Article shall be subordinate to the lien of any woztgages under a recorded first mortgage or deed of trust enconbering any such Lom. In the event any Moxtgagee becomes the omen of such Lot after foreclosure thereot, or conveyance by aced js Jiou of foresiosure, trustec's deed, or the Like, stich Mortgages shall become’ subject to the iien reserved’ herern for the purpose of securing all Inpositions becoming due from and after the date such Nortgagee accepta a decd to said Let. aeecord Bool Recents 28) 12. Mortage Protection Clauss. No breach of the covenants, conditions, or restrictions herein contained for the enforcement of any lien provisions herein shall defeat o& render invalid the lien of any prior mortgage given in good faith snd for value, but said covenants, conditions and Festrictions shall be binding upon and effective against any Owner whose titie 1a derived through foreclosure or obhex judicial sale or in lieu of such of any prior mortgage. 23. Rach Owner ohall indemnify and hold harniless gach of the other Owners and the Agsociasien tron any Lability arising fron the claim of any iden claimant ox judguent debtor against the lot of any other Owner or of the Common Area. ‘The Ageociation or any affected Ouner may enforce this obligation which includes reasonab= comes and attorney fees in the manner of a special assessment o: by action at law including all rights granted to cha Association under Arsicle V. 14. Notwithetanding the prior provisions of this Article V, the Declarant ahali be exenpt from gevanty-five percent (758) of all assessnente and shall pay for each lot he ows only twenty-five parcent (258) of all’ such agsessmente and costs of each and every kind levied by the Association. ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE 1. Designation of comictee, the Agsociation shali have an Architectural Control canmiztse (che “Comittee") which shail consist of chres Membera who shall be natural persons. The Menbera af the Conmittes shall be appointed and be subject to removal at any tine by the Developer until the termination of the Class B Metbership, and thereafter by the Association's Board of Directors, “the Coumittee shall designate an individual aa ite secretary, and all commaications with the Comittee shall be conducked through the Secretary. The Committee sha!l enpley an exchitect or engineer’ (the "Engineer") who shall be Yoaponsible for technical review of plang for the account of the Comittee. x 1s_and Architectural Review (a) No construction, reconstruction, reredeling, alteration or addition te any structure, bullding, fence, wail, driveway, path or other improvement of any nature on any lot shall be constructed or imndertaken without obtaining the prior written approval of the Board of Directors through the Architectural Review Comittee appointed by the Board as to the intended location of same and as to {ts plans and specifications showing'the nature, shape, height, materials and such ocher apecizics aa nay be required including its architectural style. For this purpose, the Board of Directors shall establish an architectural committes conposad of three (3) ox more Members appointed by the Board which shail have full authority fo review and act upon requests for appravala of Buch requests. As @ prerequisite to consideration for auch approval, and prior to the beginning of tre coutemplaced Work, the applicant muat submit a sct of plana and specifications with a written requeat for thelr approval, The Architectural Review Committee shall be the eoie arbiter of game and may withhold approval for any reagon tneluding Purely esthetic considerationa. In the event the Beard, or aaRecord Boal 8) Pe 68 its designated Architectural Review Conmittee faila to approve or disapprove the plana for design and location within thirty (30) dayo after they have been subnitted, approval will not be required and this section will be Geened to have been fully complied with. Jpon approva? being given, construction shall commence within ninety (90) Says thereaiter, and shall be processed to completion promptly and in’ strict compliance with the approved plana; otherwise the approval ahall be vod. Bach Owner acknowledges thst the decor, color echene, landscaping, and design of the property has bean selected in cuch @ manner as to be consistent and harmonious with ather lots and residences in the Subdivision and agrees to maintain and Porpetuate the visual harmony of the properties. (b) Prior to the formation of the Architectural Review Comittee, the Declarant or his successors and agaigns shall conatitute or may appoint a Person or persona to act as the Architectural Commictee. 3, pesion Criteria. In carrying out the functions of the Committee, and in order to insure uniformity of quality of the Improvements located within che Development, the Conmittee may prepare, but ig mot required to, a statement of design eriteria which shall be observed an'the construction of sll Tprovements within the Development (the "Design Criteria"). If prepared, the Developer and, after the termination of tho Clase B Menberenip, the Association, reserves the right to modify and anend the Design Criteria from time to time asf: deem appropriate based upon changes and innovations in construction methods and techniques, 4. Improvement Plans. Any Owner desiring to construct, Improvementa, or to modify existing inprovenente, upon any Lot shall first have detailed plane prepared for such Tmprovement (chs *Plans"), which shall be prepared by a Licensed architect and shall ihelude, ag a minitum, the following: (a) A plot plan drawn on a goale of one inch equals 190 feet, reflecting the following information: (G) a survey of che owner's Lot showing the dimensions of the Lot and Lot area, the location of any utilities crossing the let, and, contours of the lana drawn at tuo! (2") foot intervala; (i) The relationship of che proposed Improvement (to each side Let Line, £0 the rear property line and to che front property lines (424) 1£ the Improvement involves an addition to an existing building, the addition shall be shown ina shaded ares with the existing building left unshaded; (iv) Finished Cloor elevationa of the Hirst floor, carage and basement, if any of all Improvemente, together with all exterior color’ achenes and/or building materials (vy) Any detached structures, awinming o13-pools, walls and/or fences on the site; (vi) A landscaping plan of the entire Yet, including all driveways, sidevalke and terraces; and (vid) Such other information as may be necessary to evidence compliance by tae Plana with the Design Criteria if any () A floor plan indicating existing walle, and, if the plan is for an addition or medification to an existing building, indicating any walls to be removed and any proposed walle to be installed, {c)_ Blevation drawings of the front, sides and rear of any new structure included within the Improvement, together with the overall height of any new puildings to be conatructed, measured From the average grade at the front elevation. 5. Limiced effect of Blang. the approval of ‘the Committee of an Omer’a Plana for the gehstruction of Inprovenents upon any Lot is not intended to Be an approval of the structural stability, insegricy oe design of = completed improvement af the safety of axy gomponant therein but is required solely for the purpose of insuring compliance with the covenants coatained herein and further to insure the harmonious and orderly archisestural and aesthetic development and improvement of the tors contained within the Developnent. Notice is hereby given therefore to any future occupant of any completed Tmprovenent and all invitees, vieltors and ether persons who ‘say from time to time enter or go on or about such completed Empxovements, that no permission or approval granted by che Committee, the Developer: or the Association with reapact to. the construction of Improvements pursuant. 0 this Declaration shall conatitute or be construed ag an approval of the structural stability of any building, structure or other Inprovenent and no Liability shall accmie ta, the Developer, the Comnittee or to the Association in the event that apy Such conssruction shall sinsequentiy prove to be detective. ARTICLE VIE IMPROVEMENT, SRYBACK AND USE RESTRICTIONS 2, improvement Restrictions. In addition to the Fequirerents of Article Vi above concerning compliance with fhe axchitectural review authority of the Committee, che following restrictions apply to Improvetentay g., Minimum secheck requirements on the Plat shall be observed. ‘The Developer reserves the right to approve the location of each residence upon ths hot and to relocate the sane, within the setback lines and/or building areas established by the Plat, in such manner ae it shall be deemed, ih ite eoic'diseretion, to be in the best antereate bf the everall Development and in furtherance of the goala set forth herein, b. No residence upon any Lot may be occupied Prior to approval of the Comnittse, faaRecerd Goal oP a 65 €. The total floor area of the main residential structure upon any Lot, exclusive of open porches, patioz, garages and breczeways, Shall not be'leso thin Seemmmademmemed (2.100) square feet, the first Floor area of any full two story house’ or story and one half house shall bea minimam of demmasemime (2,600) aquare fect exclusive of garages, porches, patios, and breezewaya d. Boundary walle or fences for individual Lote must receive the prior written approval of the Architectural Review Committee. No walla other than retaining walle may be constructed along the street on the front of any Lot unless approved by the Committee, and no retaining wall ghall extend to a height greater than three {3} Eeat above the earth heing retained. ‘The Architectural Review Comittee may Limit the height and design of any fences or walls. Al2 poundary walla, retaining walls, and fences must be of materials approved by the’ Comittee fg. Al] mailboxes within the subdivision aust he of the specific cast iron design approved by the Developer £. Incinerators for garbage, trash or other refuse shall not be used or pernitted to be erected on any Tot. Any and all equipment, alr conditioner condensers, garbage cans, woodpiles, refuge or storage piled on any lot, whather temporary ox permaitent, shall be walled in to gonceal the same from the view ef neighboring Eote, roatis, or Common Areas, with the plana for any Ouch concealing walls being approved by the Committee g. No building materials may be stored on any Lot @xcep: for the purpose of construction of such Loe, and then only Tor'auch length of tine aa is reasonably necessary for the construction of the Improvements then in progress. h, Satellite dishes and antennaes may not exceed twenty-four inches in diameter can only be mounted ‘to the rear of any house so thas the Batellite dish is not viaible from the front of the house, The placement of any satellice dishes mat receive the prior written approval of the Arohiteccural Review Committee. Antennae cannot exceed thirty-nine inches (39"} in diameter on dength and can only be mounted on the rear of the house. 4. No Owner shall excavate ov extract earth from any of the Lota for any businesa o commercial purpose, and no elevation changes will be permitted which’ could materially affece the Surface grade of a Lot without the consent of che Developer or the Committees. 3. There shall. be no outasde clotheslinea, glothes hanging devices, or the like upon any Lot. Eve lights may not ba installed on the froats of Ingrovements without the consent of the Comitces and eve lights installed on ths sides and sears must be adjusted so that the rays of any beam oF Floodlight’ shall not interfere with the neighboring Lots and shall be directed to the xear -a5-cord 894 Recor seat of the residence. Kk, All hones must have an attached double garage. Garages may open either on the rear, Bides or front of the house, but the placement of the garage opening must receive the pricy approval of the Architectural Review Comittes, Parking of vehicles in the service drives is prohibited. 1, No tree in excess of eight (8) inchas in diameter may be recoved from a bot without the consent of the Committee, jm, If one or more contiguous Lote are owned by the sane Owner, they aay be combined upon the consent of the Developar for the purpose oF Placing approved Inprovenancs thereon, but individual Lore may not be reaubdivided so as to greate a smaller area than originally deeded to an Owner and as shown on the Plat without the conseat of the Developer. nh, Mo trailer, bagement house, tent, modular home, ‘mobile home or other temporary stricture shall be erected or used as either a teuporary or permanent residence. However, one dog house per jot nay be permitted in the discretion of the’ Acchitectural Review Committee if prior approved in writing. 2. Maintenance a. All tots, together with che exterior of all Improvements’ located thereon, ‘shall be taintained in a neat and attractive condition by their respective Owners. Bb. lu)the event any Owner shall fail to maintain the Improvements situated upon his Lot in @ mamer satisfactory to the Association, the Asoociation may upon the vate of at least, two- thirds of the Board of Directors and after tan (10) days notice in writing to the offending owner during which tine said Owner haa continued fo fall Eo cotmence the correction of the natter in question, may enter upon said Lot and pexform the taintenance of the Improvenenta itsels. The cost of such maintenance shall be added co and become @ part of the assessment to which such Lor ie Subject and che Owner of sca To: shall be Peraonally liable fer the cost thereof. g. The Reveloper, at ite option, may inatatl sidewalks in the development, In ehe event, Developer installs eaid sidewalks, an cpening will be left in the sidewalk for purposes of constructing a driveway. Any damage te the sidewalk due to the condtruetion of driveway ox Ehe construction of other improvemente on a lot shail be repaired at the aole cost of the lot 3. Une Restrictions. a. No Owner ehali use its tot in auch a tanner aa to create a nuisance. No Owner shall commit waste upon any Lot without. the Development D. No wrecked vehicle or vehicles in a non- functiens! condition ox vehicles witheut proper sas.Reegrireg registration shall be parked on any Lot or uson any of the Conon Areas. No house trailers, mobile hones, or portable buildings shall be permitted within the Developrent. There shall be ho prolonged outeide parking of recreational vehicles, including, but not limited to, camping trailers, boats, and motor hones on any’ lot, street, or Common Area. No animate, livestock, poultry of any kind ghall be raised, bred, pastured or maintained on any Zot except household pets which shall be kept in reasonable nuthers as pets for the sole pleasure of the occupants, but not for aay other Purpose or use. No such household pete stall be permitted to the extent they become a nuisance £0 feighsering Lot Owners. No pets shall be permitted outside the boundaries of the Owner's Lot unleas accompanied by their ownore and on a Jeash. the Board, or any individual resident, way take appropriate measures to ineure compliance with chia provision, including without lindtation, having the animal picked up by the appropriate governmental authorities. d. No Owner shall cause or allow any use of his Lot that results in noise which disturbs the peace and quiet of the Developtent. ‘This Festriction includes, without limitation, dogs whage leud and txequant barking, whining oF howling disturbs other Lot Omers, exterior msic systens or public address aystems, and other noise sources which disturb other Owners’ ability to peacefully possess and enjoy their Lota. a. No Ounor shall permit or cause the escape of ouch quantities of dense smoke, act, cinders, noxious acids, fumes, dust, or gases as’ to interfere with the ue and enjoyrent. by other Owners of their Lots £. Mo houge or other structure on any Lot ghall'be used for any busines or purpose, Bach Owner shall refrain from any act or use of his Tot which could reasonably cause embarrassment or discomfort: or annoyance to the nesghborhood. No noxious, offensive or illegal activity auall be carried’ out upen any Let. J. Boats must be stored in enclosed areas and must ‘not be visible from neighboring Lote, streets Or Common Areas. No motorcycle, motorbike or motoreccoker shall be permitted to be operaced within the Development. h, Bach Owner shall observe all goveramental butiding codes, health restrictions, soning restrictions and other regulations applicable to hie Lot. Im the event of any conflict between aay Provision of such governmental code, regulation oF restriction and any provision of thie Declaration, the wore restrictive provision shall apply. i, Preasgenbled structures for residential purposes shall not be permitted even though they hay meet the minimim square footage requirements and all other reguivemants j._ The pursuit of hobbies or other inherently dangerous activities including without Linitatisn -a7-Record Baal SPs 88 the aogonbly and disassenbly of motor vehicles or other mechanical deviaes, the shooting of Hieaxms, fireworks, or Other pyrosecinic devices of any typs or size, and other such sctivitice ehell not be allowed tpon any Lots k. No onnex shall. use its lot for anything Qther than a single fantly residence, Single family is defined as iot omers, their spouses, children, grandchildren, parents, and grandparents. Occupation of a house by extended family Menbeze shall be deemed a violation of thia provioion 2, All driveway entrances from the street to gach lot shall conform to the following standards: ‘The entrances from the street to each lot shall be pixteen feet (15") in width tapering back 20 no jess than twelve feet (12') inwidth. ‘the sixteen Foot 16") apron shall extend to the Ingide adge Of the sidewalk and sais apron ia to be of broom finish conorete only. ARTICLE VEE masamnrs 1. General. until termination of the Class B Membership, Developer xeverves an casement for ingress and ogress generally across the Development at reasonable pisces fhereon and across the various Lets for the purpose of completing Developer's intended development.” seid ingress and euress easement shall in any event be reasonable sad phali not interfere with the construction of Tnprevemeats on Eo go outside said twenty (20') Zoot easenent for the goustruction of sidewalks if nued be. Developes recerves the right to install sidewalka itsel! or te requice lot Purchasera to do 60 should a lot or lots be sold. Developer may, but is not required to, establish aidewaike within the Development. 2. Hlerqency. There is hereby reserved without further assent or permit, a general casement to ail policenan and security guards employed by Developer or Association, firemen, anbulance personnes, garbage collectors, ‘nailmen, utility personnel, delivery service Pemonael and all similar persons to enter upon che Pevelopmens or any portion thereof which is how or hereafter made subject to this Declaration in the performance of there respective duties. 3. Kagemenco over Aneag. The plat Gosignates certain areas for roada, utilities, drainage, Coumon Areas, and recreational areas. The easemente so designated on the Plat encuther the Lote as shown on fhe Plat and are hereby established af perpetual and isrevecable easonents. Said easements are granted and reserved for che Use and benefit in common of all owmera in the Development and their agents, servants, family members and Lnvitese, No Owner shall have’ the xight'to restrict, impede or take any action in any way to prohibit or limit'the use in common by all Owners of said easements. However, use of the sasenenta and Common Areas shall be subject to and governed by provision of this Declaration and the by-laws, tuleo and regulations of the Association. -18-Recgra.P eg 4. Zasenents for Urilities. Sasenents for Angtaliation of utilities and drainage facilizies ara reserved aa shown cn the recorded Plat and as eet forth herein or as required hy later amendments. iithin these easements, no structure, planting or other material shall be Placed or pemnitted to remain which may interfere with the instaliation end maintenance of utilities, or which may change che diraczion or flow of drainage channala in the eagemente, cr which may obstruct or retard the flow of water through drainage channels end easenents 5. Common Areas. The common Area shall be conveyed to the Association in fee simple for the us, enjoyment and convenience of all Owners. Bash lot and reaidence is hereby declared to have, subject to the provisions of this Declaration, a non-exclusive easenent over all the Conmon Areas for tha benefit of such lot or xesidence, the Owners of such lot or unit and each of them, and for their respective families, queate, invitees and contract purchasers, for recreation and other appropriate intended purposes and uses and without Limiting the generality of the foregoing, for ingress and ogvese over and Ehrough the Common Areas, subject to the right of the Association to adopt reagonable rules and regulations for such use, In furtherance of the éstablishment of tala easement, the individual crant deeda and mortgages ro each lot may, ‘but shall not be required to, see forsh che foregoing easement. Except ae otherwise provided for by thie Declaration, the Connon Area may be alienated, released, transferred, or otherwise encumbered only with the written approval of ail Ownera and each holder of A irae Mortgage on any lot. 6. Basociation Functions. Therd is hexeby xeserved to Declarant, any successor to beclarant, and the Association, or the dily authorized agents, representatives and managers of the Association, such easenenta as ave necessary to perform the dutica and obligations of the Association as are aet forth in thie Declaration and any other Prestwick documenss 7. | dhoress_gnd Eoregs. In addition, there is Kegerved to Declarant for the use and benefit of any adjoining property that has been added ad a new oection to Prestwick or ig intended to be added au a new section, a right of ingress and agreaa over the streets, a right to attach to and use sewer and utility easements and such ovhex: easements ag may be necessary to develop maid property. 8. Covenants Running with band. zach of the easements provided for in thig Declavation ahall be deemed to have ben established upon the recordation of this Declaration, and shall thenceforth be deemed to be covenanta running with the land for the use and benefit of che late and units, and Conmon Areag aa the case may be, superior to all other encumbrances applied against or in faves ef any portion of the properties which ia the subject of thie Beclaration. 9. Subsec ior Barementa. Notwithstanding anything herein expressed or inplied to the contrary, this Declaration sial1 ba subjact to all cagement heretofore or hereafter granted by Declarant for ingress or egresa and for the installation and maintenance ef utilities, severs, television cables, drainage, and similar facilities that are necessary or appropriate for the development of the properties - Duties and Righte, the rights and dutica of the Owera Of lots with xespect to csRecord B01 et sanitary sewers and water, electricity, television cables, gas and telephone, shall be governed by the Following: fa) tihenever sanitary sewer house connections and/or water house connections or electricity, television, gas or telephene Lines are installed within the properties, which connections oz any portion thereof Lie in or upon ota owned by others, then the Owners of the Lot gerved by sai connections, shall have the right, and ars hereby granted, an easement to the full extent necessary therefor, to enter ypon said lots or to have the utility company enter upon the lots within the properties in or upon watch sald connections, or any portion thereof Iie, bo repair, replace and generally maintain aaid connections as and when the same may be necessary. (bj When sanitary sever house connections and/or water house connections of electricity, television cables, gas or telechone lines are inatalled within the properties, which connections serve more than one (1) lot, the Owner of each lot served by aaid connee=iona shall be entitled to full use and enjoyment of such portions of said connections aa service nis lot ARTICLE 1x SALE OR LEASE OF LOTS Le Re and Advertising. No aigna shall be permitted on any lot except one, -non-iiiuminated sign advertising the house or lot for sale or rent no! exceeding four (4) equaze feet in aize ARTICLE x INSURANCE 1, Cesualty Insurance. The Aageciation shall Keep all insurable improvements and fixtures on the Conmon Brea insured against loss and damage by fire for the full insurable replacement cost thereot, and ahall cbtain insurance against such other hazards end casualties 86 the Aesociation may deem desirable as well aa a general lability insurance policy covering all Common Areas with coverage of at lease One Million Dollars (31,090,000.90) for bodily “injury ox property damage for any single Securrence as weil as coverage for any legal liability that reaulta fron lawsuits related to employment contracts in which che Association 3s a party. All policies shall provide that they may not be cancelied or substantially modified without ten (10) days written notice to all insureds including the Wortgagees If any. ‘the Aggociation shall also insure any other property whether real or personal, owned by the aseociation, against loss or damage by fire or casualty and such other hazards as the Asscoiation may deen desirable, with the Association as the ower and beneficiary of auch insurance." all casualty, liability and fidelity bend coverage shall be in euch manner and ie ouch amount 36 required by the Federal Naticnal Mortgage Asacctat fon {PMA}, and their requirements thereto as set forth in Sections 501-504, FNMA Lending Guide, are adopted herein by reference. Any ingurance coverace with reapect to the Common Area or otherwise shall be written in the nane of, and the proceeds thereof, shall be payable to the Association, Ineurance proceeds shal! be uaed by the -20-Recerd 6a Aasociation for the repair or replacement of the propexty for which the insurance wae carried, Premiums fcr ail stich insurance carried by the Association are commen expenses included in the common aaseasuents made by the Association. 2. Replacement of Repair of Property. In the gvant of damage to or destruction of any part of the Camnon Area improvements, the Association shali repair or replace gane from the insurance proceeds available. If such insurance proceeds are ineutficlent to cover the cost of Espaiz or replacenent of the property damaged or destroyed, the Association may make a special assessment euainst sil ownera to cover the additional cost of repair or replacement Ret covered by the insurance proceeda, in addition Lo any other common assessments made against auch it ower, 3, Other Inguzance. The Aedceiation may alec maintain and pay for insurance policies or bond that ave appropriate for the protection and benefit of che Association, Members of the Soasd and any standing Comittee, tenants or guesta, ineluding, but without Limitations, workers’ compensation, malicious mischief, and Performance’ of fidelley bonds 4. Annual Review of policies. All insurance Policies shall be reviewed at Teast snnially by the Board of Dizectors in order so ascertain whether tie coverace contained in the policies is sufficient to make any fecessary repairs or replacement of property waieh may be damaged or deatroyed. Jazard.floed, Nemeouners and Hire Ingurance. Bach Owner shall obtain and maincain in effect fire and appropriate damage and physiesl loas inourance, all in an amount equal to the chen current full replacement value of Bach residence and improvement owned by Such Owner, which way be established from time to tine by the Board Or ‘the Aszociation by resolution. Such adsitional inaurance requirements may be set forth in agreemento ox other undertakings which the Board or Association may enter into with or for the benefit of holdera or ineurere of mortgages secured upon portiond of the properties, 6. gkliaation Lo Repair and Restore. (a) Subject cnly to the rights of an institutional holder of the first mortgage Tien om the damaged lot, insurance proceeds fron any insurance palley covering a iot shall be first applied to the repair, xestoration, or replacement of such residence. "Bach Omer shall be responsible for the repair, restoration, or xeplacement of each residence owned by such Owner pursuant fo the terms hereof. Any such repair, restoration or replacement shall (subject to advances and changes in gonatruction techniques and waterials generslly used in such construction and in currently generally accepted deaign criteria) be generally harmonious with the other Prestwick xesidences, apd reconstruction must se consistent with plana approved by the Architectural Conmittee, Such ropaiz and restoration will be commenced an goon a9 possible® (b) If the proceeds of insurance are Apeufficient to pay for the cost of repair, restoration, ox replacement ‘of a residence or improvement, the Owier of such residence shall be reaponsible for the payment of any auch deficiency necessary to complete the repair, restoration or replacement. 7. Agsociation Rights, If any owner faile to obtain che ingurance required in thie Articl=, or fails to aaaRecord Bo. ent : bay the premiuna therefor when and as required or falls to otherwise perform the obligations of an Owner under this Article, the Association may (but shall not be obligstea to C in any manner) obtain such Insurance, make ouch payoente for any such Owner, and/or perform such obligations, and ada che cost of such paynents or performance, aaa apecial gasessnent, to the assessrents of such Owner and enforce the Payment ofthe assessment ina ike amen asa general a. insuxance. Bach Owner shall provide the Association with a copy of an appropriate ineurance policy and a paid receipt thereof, showing that the Omer has proper hazard, fixe, flood and homeowner's dnaurance goverage. Failure to 80 provide such insurance proot on an annual basis or at such cther tines as the Aasociation may, reasonably require will be construed ae a default of che obligations under this Article, and the Aseeciation may take vhatever reasonable steps it dens neceasary, ancludiny the Procurement of inaurance on said residence, with the oonos fo be liable for such procurement aa act forth above, ASL such insurance shall contain a provision for the Rotification of the Prestwick Homeowner's Aaseciation, and each mortgage holder named in the mortgage clause, ct’ least ten (10) days prior to the cancellation, or substancial change, of Coverage. Nothing herein shali be constuued 20 as to requize the Association to procure, inure or be a guarantor that insurance is procured or in force on any lot o 9. Notice to Bi es. In the event of substantial danage to or destruction of any cact of che Common Slemence, the institutional Holder of any first deed provision of any document establiching the Property will entitle che Omer of a lot or other party to priority over such institutional holder with respect to the distribution £0 Buch lot of any insurance proceeds. ARTICLE x1 EXTERIOR MAINTENANCE 2, ,ligintenance of, repaire to and replacements to phe Comon Bletents shall be'the responsibility of and shall be furnished by the Association. The cost of maintenance of: repaize to and replacements to the Common Elemente shall be part of the common expenaea, subject to the ay Lave, Rules and Regulations of the Association, If, duc to the get or neglect of a lot Owner, or of his agent, sexvent, Genant, family wember, invitee, licenses or household pot, danage shall be caused to the Connon Elemente, co the sidewalks, or to a lot owned by others, or maintenance, repalz or replacement axe requized which would othecwise be a common expense, then such lot Owner shall pay for euch Gamage or such maintenance, repair or replacements, aa way be determined by the Association, to the ertent not covertd by the Association's ingurance ot sufficient procecds ee not collected from the insurance carrier or te the aateat any such claim vaisea insurance premiuns. tm addition to the utility and maintenanes easemente as may appear cn the Plat’ the authorised Representatives of the Association, Board or of the Managing Agent with approval of the Board, shall be entitled ta Feagonable accees to the individial Lote as may be required in connection with the preservation of any individual lot in. { the event of an emergency, or in connection with maintenance -2a-Recere Pag of, repaivs or veplacewents of the Common Slenents or any. equipment, facilities or fixtures affecting or serving other iote and She Common Elemente ox to make any alteration required by any governmental authority 2. It will be the responsibility of each lot ower to maintain their own mailbox in Keaping with the specific desicn approved by the Developer 3. Bach lot Onner is responsible for all exterior maintenance on his own lot. Each owner shall repair, maintain or replace all exteriors on any building ina good and husbendlike manner. Additionally, all landscaping, plants, shrubs, driveways, walks, yarda, sidewalk adjacent to the strect,’atc., shali be maintained ina neat, orderly condition and’ in a good state of repair and maintenance. All exterior maintenance, including painting, shall be done in the color, method and'design that is suitable and approved by the Architectural Committee. The Architectural Gcmmittes can base its deciaicna solely on esthenie considerationa, ARTICLE X11 ANNEXATION AND/OR ADDITION OF OTHER AREA TO PROPERTY 4. Senezal. Declarant or his successors and eesigna, shall be allowed to annex additional property by way Of Sections co Prestwick without the consent ef the Association or its Members over any wortgagzes or other lien holdera; (other then those holding mortgages and liens on the real property being annexed) by the recordation of a Supplenentary Declaration aa provided herein. Upon such snnexation, the Association shall take whatever measures are heceseary to add such annexed property and lots into the regime cn an equal basis with the original property included herounde 2; Membership in Association. Upon the recording of any supplementary Declaration, those lot Owners contained therein shall becone Menbers of the Association ostaining all rights due Members of the Association and becoming Mieble for 311 assessments and fees ae ect forth herein and/or in the supplemental Declaration. 3. Common Area. All Connon Areaa in any annexed property will be deeded to the Association in fee simple to be held in accordance with this Declaration. ARTICLE XIII GuvaRaL PROVESTONS 2, Duragion. the covenants, condition and reatrictiona contained herein shall be appurtenant to and wun with she land and shall be binding upon all Owners and parties hereinafter having an interest in any of the Development, and a!1 parties olaiming under then, until January 1, 2050, at which cine they shall be autematically extended for successive periods of ten (10) years each, unless a majority of the votes attributable to Lote ia’ the Development are cast in favor of a proposition to change, send or revoke the reatricticna in whole or in part al & duly called meeting of the Association within the final one (1) year of the term of this Declaration, as it may have heen extended. Each purchaser or subsequent grantee of shy “23Roca ae interest in any property now or hereafter made subject to this Declaration, by acceptance of a deed or othe! gonveyance therefor, thereby agzesa that the covenants and yesbrictdons of this Declaration may be extended as provided in this Article XIII, section 1 2. Afendmens. The covenants and restricticns gentained in this Declaration may be amended unilaterally by the Developer, without joinder of any Omer, for a period of figteen (51 years trom the date hereof, Thereafter, any anendnons of thia Declaration will zequize the affinwat le Note of at least two-thirds (2/3) of cho Votes entitled to be cast by the them Nenbers of the Association, (both clase Aland Claes 8) at a duly called mesting of the Association at which a quorum is present. any such amendment shall not Pecona effective until che instrunent evidencing such change has been filed of record. Every purchaser or subsequent grantee of any interest in any property tow or herestter made subject to this Declaration by acceptance of a decd OF other conveyance therefor, thereby agrees that the covenanta and restrictions of this Declaration nay be awenied oo provided herein. 3. Enforcement. All restrictions herein may be enforced by Developer, its successors and assigns until the termination of che Class B Membership, cr by the Association acting by and through its Foard, or by the Architectural oF covenants, either to restrain the violation eseres! on to zecover money damages, together with reasonable attorneys! fees and court costs.’ Purthernore, after the termination of Developer‘s Claes B Membership in the Association, in the event the Aesociation fails to act to enforce any xestriction contained herein, any Owner of any Lot may. gntorce these restrictions ag aforesaid against any ether Omer. Notwithstanding the foregoing, the covenants contained in Article VIII hereof regarding the Developer's gption to purchase Lots shall be enforcoable only by Developer and not by ite successors cr aesigna wilosa eaid righta are apecifically assigned thereby Developer in writing. 4. Bartial Invalidity. Any invalidation of any one or moze of these Eeatrictions by judgment, court onder, or statute, for failure on tha part of Developes oe ite successors oF assigna to enforce any of caid restrict iona, ghali in no way affect any of the other provisiona hereo® or be deemed ac a waiver of the right to enforce auch restrictions at any time after the violation tneLeof, Inyalidation of any one or moze of these restrictiona by dudgwent or court ordex shall neither affect any of the ether provisions not expreasly held to be void wor the provisiona so void in circumstances of applicationa ocher than those expressly invalidated, and alt uch renainine Provisiona shall retain in full force and effect tesechor With the provisions ruled upon as they appiy to eixcunstances other than those expressly invalidated, 5. Bbatenent. In the event that any Owner violates any of the ters or conditions of thia Declazatdon and faila to cure the same within ten (10) daye after written notice thereof, then Developer, in addition to any other sights and remedies provided for herein, sha! have the express right, privilege and license to ehter upon any lot to take any reasonable action to cure auch violocion and ali reagonable costa thereof shall be at the exoonse’ of the Ower of such Lot and shall be payable upon denend by Developer, including reasonable attorney fees, 24.