Blueridge Covenants
Blueridge Covenants
Blueridge Covenants
BLUERIDGE SUBDIVISION
(a) Class A. Class A members shall be all lot owners, with the
exception of Developer, and for. so long as there is Class B membership, shall
not be entitled to vote. Upon termination of Class B membership, • Class A
members shall be all lot owners, including Developer for so long as Developer is
a lot owner. Each lot owner, at that time, shall be entitled to one • vote for
each lot owned. Should more than one person own an interest in any lot, all
such persons are members; but there may be only one vote cast with respect to
such lot. Such vote may be exercised as the lot owners determine among them-
selves; hoWever, no split vote is permitted. ,
(b) be responsible and liable for the prompt payment of any and
all taxes by any government agency related to the Blueridge Subdivision Home-
owners' Association and/or the common areas;
ARTICLE IV -- ASSESSMENTS
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Section 2(b). When Class B membership in the Blueridge Subdivision Homeowners'
Association is converted to Class A membership, Developer shall pay assessments
to the Blueridge Subdivision Homeowners' Association for each lot Developer owns
in the same manner and amount as every other lot owner pays assessments, and
shall thereafter no longer be responsible for maintenance costs incurred over and
above assessed amounts payable to the Blueridge Subdivision Homeowners'
Association by the lot owners. The annual and special assessments, together
with interest, costs and reasonable attorney fees, shall be a charge on the land
and shall be a continuing lien upon the property against which each such assess-
ment is made. Each such assessment, together with interest, costs and rea-
sonable attorney fees, shall also be the personal obligation of the person who
was the owner of such property at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to his successors in
title unless expressly assumed by them.
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Association may levy, in any assessment year, a special assessment applicable to
that year only for the purpose of defraying, in whole or in part, the cost of
any construction, reconstruction, repair or replacement of a capital improvement
upon the common areas, including fixtures and personal property related thereto.
Any such assessment shall have the assent of the majority of each class of
members of the Blueridge Subdivision Homeowners' Association . that are authorized
to vote in accordance with this Declaration or by the Bylaws.
Section 5, Uniform Rate of Assessment.Both annual and special assess-
ments shall be fixed at a uniform rate for all lots except those owned by
Developer during the period when Class B membership exists in the Blueridge
Subdivision Homeowners' Association, as provided in Section 1 of this Article.
The board of directors may at its discretion waive the assessment for any year
or part of. a year, for any lot not occupied as a residence.
Section 6, Date of Commencement of Annual Assessments; Due Dates.
The annual assessments provided for herein shall begin as to any lot subject to
the assessment on the first day' of the month next following the date on which
title to the lot is conveyed to the owner, subject to the waiver provided in
Section 5 of this Article. The first annual assessment shall be adjusted accord-
ing to the number of months remaining in the calendar year when title to the
lot is transferred.
Section 7, Reserves. Upon closing of the conveyance of a lot to a
purchaser for occupancy as a residence, such purchaser shall pay to the Blueridge
Subdivision Homeowners' Association an amount equal to two months' assessment,
to be placed in the Blueridge Subdivision Homeowners' Association's capital
replacement reserve account. This reserve assessment shall not be applied
Against the annual assessment provided for in Section 1 of this Article.
Section 8. Effect of Nonpayment of Assessment; Remedies of the
Blueridge Subdivision Homeowners' Association.Any assessment not paid within
fifteen days of the due date shall be subject to a late charge as determined by
the board of directors of the Blueridge Subdivision Homeowners' Association. The
Blueridge Subdivision Homeowners' Association may bring an action at law against
the owner personally obligated to pay the assessment, or foreclose the lien
against the property, and interest, costs and reasonable attorney fees' of such
action or foreclosure shall be added to the amount of such assessments. No
owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the common areas or abandonment of his Lot. Assessments
shall continue to accrue until paid in full, whether or not the member(s) are
suspended from use pursuant to this Declaration.'
For the purpose of rendering unnecessary court proceedings for the
enforcement of said lien in the event of the nonpayment of the assessments, and
for the consideration of one dollar paid in cash, receipt of which is
acknowledged, the lot owners, their heirs, successors, administrators and assigns,
hereinafter in this Section 7 referred to as Trustor, hereby transfer and convey
unto Ronald B. Buchanan, as Trustee, his successors and assigns, their respective
lot with the appurtenances, estate, title and interest thereto belonging upon the
use and trusts set forth in this paragraph.
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To have and to hold the property to the Trustee, his successor and
assigns, and his successors in trust, forever.
If the Trustor pays the assessments when due, then this trust conveyance
shall be of no further force or effect with respect to the Trustor's lot. If the
assessments with respect to any lot are not paid promptly when due, this trust
conveyance shall remain in full force and effect, and the Trustee, or his suc-
cessor in trust, is hereby authorized and empowered, upon giving twenty days
notice by three publications in any newspaper, daily or weekly, published in
Sumner County, Tennessee to sell the lot at the front door of the Court House
in said County to the highest bidder for cash, at public outcry, free from the
right of redemption, • statutory or otherwise, homestead, dower and all exemptions
of every kind, which are hereby expressly waived; and the Trustee, or his
successor in trust, is authorized and empowered to execute and deliver a deed to
the purchaser. The Blueridge Subdivision Homeowners' Association may bid at
any sale under this trust conveyance. The Blueridge Subdivision Homeowners'
Association may, at any time after default in the payment of any assessment,
enter and take possession of said property, and shall only account for the net
rents actually received by it. It is further agreed that, in the event the
Blueridge Subdivision Homeowners' Association fails, before instructing the Trustee
to sell the lot, as herein provided, to enter and take possession thereof, the
purchaser shall be entitled to immediate possession thereof upon the delivery to
him by the Trustee of a deed for said property. In the case of sale hereunder,
the proceeds will be applied by the Trustee as follows:
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Subdivision Homeowners' Association may purchase the lot subject to a first
mortgage or first deed of trust. Where the purchase of a foreclosure lot will
result in a ten percent or greater increase in annual assessments, the purchase
shall require the vote or written consent of a majority of the total voting power
of the Blueridge Subdivision Homeowners' Association, including a majority of
members of each class of membership. During the period owned by the
Blueridge Subdivision Homeowners' Association, following foreclosure: (i) no right
to vote shall be exercised on its behalf, and (ii) no assessment shall be assessed
or levied on it. Suit to recover a money judgment for unpaid assessments and
attorneys' fees shall be maintainable without foreclosing or waiving the lien
securing the same,. The Board may temporarily suspend the voting rights and
any and all other rights of a member who is in default of payment of any
assepment after notice.
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Section 9.Subordination of the Lien to Mortgages and Deeds of Trust.
The ' lien of the assessments provided for herein shall be subordinate to the lien
of any first mortgage or first deed of trust. Sale or transfer of any lot shall
not affect the assessment lien or liens provided for in the preceding sections.
However, the sale or transfer of any lot pursuant to a first mortgage foreclosure
or any proceeding in lieu thereof shall extinguish the lien of such assessments as
to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve such lot owner from liability for any assessments thereafter
becoming due or relieve such lot from the lien for any assessments thereafter
becoming due after such sale or transfer.
(a) Each owner of a lot shall, at its sole cost and expense,
repair all portions of his residence and lot, keeping the same in condition com-
parable to the condition of such residence at the time of its initial construction,
excepting only normal wear and tear.
Section 8. Signs. No sign for advertising or for any other purpose shall
be displayed on any lot or on a building or a structure on any lot, except one
sign for advertising the sale thereof, which shall not be greater in area than
twelve square feet; provided, however, Developer shall have the right to (i) erect
larger signs when advertising the Property; (ii) place signs on lots designating the
lot number of the lots, and (iii) following the sale of a lot, place signs on such
lot indicating the name of the purchaser of that lot. No "model home" signs
shall be permitted on the Property. This restriction shall not prohibit placement
of occupant name signs and lot numbers as allowed by applicable zoning regula-
tions. Further, any such sign shall comply with all local laws, ordinances and/or
regulations.
Section 12. Oil and Mining Operations. No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind shall be per-
mitted upon, in or under any lot, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon, under or in any lot. No derrick or
other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any lot.
Section 13. Natural Gas Use. All original lot owners shall use natural
gas for heating and heating of hot water unless a payment of $500.00 is made
to Developer for partial remittance to the Nashville Gas Company.
(a) The total floor area of a one story house shall be a minimum
of 1,650 square feet.
(b) The total floor area of a two story house shall be a minimum
of 2,200 square feet, with a minimum of 1,100 square feet on the ground floor.
(c) The total floor area of any other house shall be a minimum
of 2,200 square feet.
(b) Each lot owner shall promptly finish the driveway with
exposed aggregate concrete at completion of a single family dwelling.
Section 7. Mail and Paper Boxes. The only mail box and/or paper holder
authorized or permitted shall be that standard unit approved by Developer and
all such units shall be purchased from and installed by Developer. No other
mail box or paper holder shall be placed on any lot.
By i-)
Robert H. Marrett, President
STATE OF
COUNTY OF
otary Publi
41Ca 4_14988._ AT .
RECD •
REC. IN BOOK_,SLPAGE 498
KATHRYN BROWN, REG!ETEk.,...___SUMNER COI.INTsi., TENN.
(c) The total floor area of any other
house shall be a minimum of 2,400 square feet.
(d) Garages, basements (whether or not
finished) and open porches shall not be included
in calculating minimum square footages.
2. Ratification.In all other respects, Developer and
Cherry ratify and affirm all of the covenants, conditions
and restrictions contained in the Declaration.
3. Joinder by Lienholder. Metropolitan Federal Savings
and Loan Association, a corporation organized and existing
under the laws of the United States of America, holds liens
affecting the property described in the Declaration pursuant
to (i) Deed of Trust of record in Book 537, Page 119, (ii)
Deed of Trust of record in Book 559, Page 95, (iii) Deed of
Trust of record in Book 563, Page 308, and re-recorded in Book
11, Page 740, (iv) Deed of Trust of record in Book 25, Page
245, and (v) Modification and Assumption Agreement Without
Release of record in Book 25, Page 239, all in the office of
the Register of Sumner County, Tennessee (collectively, the
"Liens"). Metropolitan Federal Savings and Loan Association
joins in this Amendment for the purpose of consenting to
the foregoing amendment. This consent shall not be deemed to
be a consent to any other amendment and shall be subject to
the same limitations provided in Metropolitan Federal Savings
and Loan Association's initial consent set forth in Article
VIII of the Declaration.
Witness the signatures of Developer, Cherry and Metropolitan
Federal Savings and Loan Association as of the date first set
forth above but actually on the dates set forth in the notarial
certificates below.
BLUERIDGE DEVELOPMENT PARTNERS
BY: STM/BLUERIDGE, INC.,
General Partner
By
1111
WAAMIIALI
Thomas H. C erry, Jr.
50b
METROPOLITAN FEDERAL SAVINGS AND
LOAN ASSOCIATION
otary Public t •
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My Commission expires:
l" 5-71
STATE OF
COUNTY OF
Before me, a Notary Public
in and for said •tate an Cou ty, duly commissioned and qualified,
personallylappeared Thomas H. Cherry, Jr. and Sandra H. Cherry,
with whom I am personally acquainted, or proved to me on the
basis of satisfactory evidence and who, upon oath, acknowledged
themselves to be the withinnamed bargainor, and that-they executed
the foregoing instrument for the purposes thee9i.n contained:
Witness my,har0 ,,,,,,,,,,,, at office
lf/" day o
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' Notary
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My Commission eXpire0 : •
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STATE OF 17,,m e.,:._ )
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COUNTY OF •(fiti,,rv,,,,,,, )
Before me, 1111,‘Iilet_ S. - Fro,er. ,'a Notary Public
in and for said State-4tnd County, duly commissioned and quali-
fied, personally appeared D • I i 1 , with
whom I am personally acquainte•, or proved to me on t e basis of
satisfactory evidence and who, upon oath, acknowledged himself to
be the '_ 1,, Eve . Vro Pre,,:doitof Metropolitan Federal Savings and
Loan Association, a corporation organized and existing under the
laws of the United States of America, the withinnamed bargainor,
a corporation, and that he as the authorized .Sr F,(ec. Vec. Prve,:dc,,i
of the corporation, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by ,
signing the name of the.corporation by himself as &Exec. V:(e1V-s4v,1 1
of the corporation.
Witness my hand and seal at office in Klikv,ile
TA] , this 1; 4'1 day of 0-16,(,1 _ , 1988.
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Notary Ptiblic • •
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My Commission expires: 0"Vrldh II ) /096 • 1:= ..ti)l
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