Welcome to Savannah Place in Chattanooga

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Gontact: Ham Hurst, Register
Hamilzon County Teniessee
AMENDED DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND RIGHTS
FOR SAVANNAH PLACE TOWNHOMES,
FORMERLY WELLINGTON PLACE TOWNHOMES
Prepared by
Buhrman, Maddux and Bulan, Attomeys
– #. Owen Maddux
419 N. Market Street, Suite 210
Chattanooga, TN 37405
423.266.5691
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Book and Page: GI 7848 100
AMENDED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RIGHTS FOR SAVANNAH PLACE TOWNHOMES,
FORMERLY WELLINGTON PLACE TOWNHOMES
This Amendment to the Declaration made by the undersigned, hereinafter referred to as
“Developer”.
WHEREAS, Developer purchased the property known as Wellington Place Townhomes
which ‘was subject to a Declaration of Covenants, Conditions, Restrictions and Rights recorded
in Book 4920, Page 340 in the Hamilton County Tennessee Register’s office, and changed the
name to Savannah Place Townhomes, and
WHEREAS, Developer desires to restate and/or amend all of the covenants, conditions, —
restrictions and rights on the lots in the development pursuant fo paragraph 22 of the recorded
Declaration of Covenants, Conditions, Restrictions and Rights as set forth herein;
NOW, THEREFORE, Developer hereby declares that the development and all lots shall
be held, sold and conveyed subject to the following easements, restrictions, covenants,
conditions and rights, which are for the purpose of creating unifonnity, protecting the value and
desirability of said lots, and which shall run with the land, and be binding on all parties now or
hereafter having any right, title or interest in said lots or any part hereof, and shall inure to the
benefits of each owner thereof,
1. Land Use And Building Type, The lots shall be used for residential purposes only, and
no building shall be erected, altered, placed or permitted to remain on any. lot other than
one single-family dwelling, not to exceed two and one-half stories in height. Outside
flower beds for each unit shall not exceed 400 square feet.
2. Architectural Control, No building shall be erected, placed or altered of any lot until
the construction plans and specifications and a plan showing the location of the structure
have been approved in writing by Developer or the Homeowners’ Association to be
created as provided herein as to quality of workmanship and material, harmony of
extemal design with existing structures, and as to location with respect to topography and
finishéd grade elevation.
3 Fences, No fence or wall shall be erected, placed or altered on any lot in the subdivision
unless authorized in writing by Developer ot the Homeowners Association. In addition,
no side fence shall come within seven (7) feet of a fence at the rear of a lot. This is to
allow mowers to move between backyards. No fences shall be in any front yard or
between buildings.
4, Dwelling Size, Any dwelling erected in the subdivision must contain a total square foot
area of living space of not less than 1,350 square feet, which may include both the ground
floor and upper floor or floors thereof.
5. Easement, Easements to each individual lot for installation of utility lines, sanitary
sewage disposal lines and drainage easements are oF will be shown on the subdivision
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Book, and Paget Gr 7848 101
plat, and are hereby reserved for the purposes shown. The creation of said easements or
right of access shall not prevent the use of the area by the owner for any permitted
purpose except location of building thereon. The easement areas of each lot and all
improvements in them shall be maintained continuously by the owner of the lot, except
for those improvements for which a public authority or utility company is responsible.
No fence shall be constructed over or along any easement that would interfere with the
use and maintenance thereof.
6. Nuisances. No obnoxious or offensive activity shall be carried on upon any lot, nor shall
– anything be done, thereon which may be or may become ah annoyance or nuisance to the
other lot owners.
7. ‘Temporary Structures. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding shall be used on any lot at any time as 4
residence either temporarily or permanently.
8. Signs. No sign of any kind shall be displayed to the public view on any lot except one
professionally lettered sign of not more than five square feet advertising the property for
sale ot rent or signs used by Developer or by @ builder or a construction lender to
advertise the property during the construction and sales period.
9% Livestock and Poultry, No animals, livestock ot poultry of any kind shall be raised,
bred or kept on any lot except that dogs, cats or other household pets may be kept
provided that they are not kept, bred, or maintained for any commercial purpose and do
not constitute a nuisance.
10. Garbage And Refuse Disposal, No lot shall be used or maintained as a dumping ground
‘or rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers.
All equipment for the storage or disposal of such material shall be kept in a clean and
sanitary condition. All garbage and trash containers are to be securely closed. The same
shall not be put out sooner than the night prior to garbage service, and shall be retrieved
by the lot owner on the same day.
11. Water Supply. No individual water supply system shall be permitted on any lot for any
“purpose.
12. Reciprocal Easements. Certain of the lots have townhouses already constructed
thereon, or townhouses in process of construction and Developer proposes to construct a
townhouse on each of the remaining lots. In the construction and completion of each said
townhouses, certain eaves, roof overhangs and brick veneer attached to the structural
walls will or may encroach over or onto the air space of an adjoining lot, There is hereby
created on each of said lots so affected an easement, for said encroachments or overhangs
created by said construction. In addition to the easernents for each of said encroachments
or overhangs, there is also granted and retained the right to maintain and repair the same
so long as said encroachments and overhangs shall and do exist, In the event that any
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structure or townhouse is datnaged or destroyed and then rebuilt, the easements hereby
created shall continue to exist for repair or reconstruction,
13. External Portions Of Improvements. Each lot owner shall properly care for and
maintain the external portions of the improvements on owner’s lots. Owner shall be
financially responsible for all of the maintenance of and repairs to said improvements on
owner’s lot including, but not limited to, paint, shingles, brick, windows, gutters,
landscaping, etc.
14, Paint Colors, The original paint colors shall be continued until a change is approved in
writing by Developer.
15. Requirement To Repair And Rebuild. In-the event of the damage or destruction of any
structure by fire, windstorm, or other cause, it shall be the duty and obligation of the lot
owner to restore the same to substantially the same condition that existed prior to such
damage or destruction, without undue delay.
16. Term. These covenants are to run with the land and shall be binding on all parties hereto
and all persons claiming them under them until August 2017, after which time said
covenants shall be automatically extended for successive periods of ten. years unless an
instrument signed by a majority of the then owners of the lots have been recorded
agreeing to change or terminate said covenatits in whole or in part. Any such agreement,
to be effective, shall be recorded in the Register’s Office of Hamilton County, Tennessee,
prior to the initial expiration date of the restrictive covenants; or, thereafter, prior to the
expiration date of any ten-year period.
17. Maintenance Of Grounds, All of the lots must from the date of purchase from
Developer be maintained by the owner in a neat and orderly condition with the grass
being cut when needed and leaves, broken limbs, and other debris being removed. In the
event that an owner of a lot fails to maintain his lot in a neat and orderly condition,
Developer may enter upon such lot without liability, put the lot into an orderly condition
and recover the cost of such work from the owner. Each lot owner shall pay in equal
share of the cost of grounds maintenance under any service contract approved by the
Developer or the Homeowners’ Association when and if said Association is established.
Developer is exempt from this charge as to any unsold lot or townhouse.
18. Repair To Vehicles, The only repaits to vehicles shall be the changing of a flat tire or
the jump-starting of a vehicle with battery jumper cables.
19. Parking On Streets. At no time whatsoever shall lot owners be permitted to park their
motor vehicles on the street(s) of the subdivision for any amount of time. Overnight and
weekend guests may park their motor vehicles on the street if there is not enough space in
the townhome driveway. However, this. guest usage shall be for a maximum of three
days, and an individual guest, guest family, or group of guests may only utilize the three-
day privilege once every three months. .
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20. Modification By Developer. The Developer shall have the unrestricted right to alter,
change, divide, or subdivide any lot within the subdivision. None of the lots shall be
resubdivided by any other owner thereof but shall remain as shown on the recorded plat
except two or more lots or parts of lots may be combined as one in which event the set-
back restrictions shall be constructed as pertaining to the exterior lines of the combined
lots or parts of lots.
21. Use And Storage Of Vehicles, No trailer, mobile home, junked or inoperable vehicles,
tent, shack or other similar structure shall be placed o permitted to remain on any lot, nor
shall any incomplete structure be used as a residence, temporarily or permanently. No
trailer, travel home, mobile home, inoperable vehicle, boat or other recreational vehicle
may be stored or parked on any lot or street in the subdivision. No trailer trucks shall be
. parked on any of the streets or on any lot.
22, Amendments, Until such times as the Homeowners’ Association shall be created by
Developer or the lot owners to succeed Developer, Developer shall have the unrestricted
tight to amend these restrictions in whole or in part, Thereafter, amendments shall be
made as provided in the Declaration for the Homeowners’ Association. Any such
amendment shall be effective from the time it is filed for record in the Register’s Office
of Hamilton County, Tennessee.
23, Enforcement. Enforcement shall be by proceeding at law or equity against any person
or persons violating or attempting to violate any covenant, to restrain such violation, and
fo recover such damages as may accrue, with court costs and reasonable attorneys’ fees to
be considered liquidated damages. Any owner in the subdivision shall have a right to
maintain such action; providing, if any owner or owners shall bring such action and shall
fail in their suit, they shall be liable to the party or parties sued for damages resulting
therefrom including court costs and reasonable attorneys’ fees incurred. All parties
agree to waive a jury trial and any action shall be filed in the Chancery Court of
Hamilton County, Tennessee,
24, Seyerability. Invalidation of any one of these covenants by judgment or court order shall
in no way affect any of the other provisions which shall be in full force and effect.
25, Homeowners’ Association, At the discretion of the Developer, Developer shall cause to
be created a Homeowners’ Association to which all lot owners must belong. Any
common area in the development which is not included in the lots may be conveyed from
Developer to the Homeowners’ Association. All rights reserved by Developer hereunder
shallbe automatically transferred to the Homeowners’ Association.
25,1 Membership. Each person or entity who is a record owner of a fee simple interest in any
lot which is subject to this Declaration shall be a Member of the Association, provided
that any such person or entity who holds such title or interest merely as a security for the
performance of an obligation shall not be a Member of the Association. Membership
shall automatically be transferred to the new owner by the conveyance of any lot and
recording of the deed of conveyance in the Register’s Office of Hamilton County,
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Tennessee, plus payment of any Association initiation fees, assessments, or dues.
Membership shall be appurtenant to ownership of any lot which is subject to the
assessment,
28.2 – Voting Rights, The Association ghall have one class of voting Membership.
(a) Lot owners shall have full voting privileges at the annual Association’s meeting
conceming all common properties, improvements, changes to this Declaration,
changes of the Board of Directors, President of the Association, Vice-President of
the Association, Secretary-Treasurer, and any interest concerning the Association.
Occupants who are not an owner ofa lot shall have no vote or voice in the affairs
of the Association.
(b) In no event shall more than one vote be cast with respect to any lot. When an
owner signs a proxy, such vote shall be counted when such proxy is in a written
instrument delivered to the Secretary of the Association before the vote is
counted. Any owner who owns multiple lots shall have one vote for each lot
owned.
25.3 Board of Directors and Officers.
(a) Board of Directors. The administration of the property on behalf of the
Association shall be conducted by a board of directors (“Board”) which shall
consist of five natural persons of legal age, each of whom shall be a Member in
good standing of the Association, and will maintain such representation during the
Membership on the board.
(b) Initial Board of Directors. The Developer shall act as the Board of Directors
until all rights reserved by the Developer are transferred to the Homeownets”
Association. Developer shall have the right to terminate
his obligations as Initial
Board of directors at any time upon giving notice of intent to do so to all owners
and upon the election of the first board of directors and officers as provided in this
Declaration. Notwithstanding any provision of this Declaration to the contrary, as
long as Developer is acting as the Initial Board of Directors, Developer shall have
the absolute power and right to amend, change, or alter the provisions of this
Declaration.
(c) Election. At each annual meeting, the Association shall elect those Members of
the Board as set forth herein. Then the members of the Board shall elect the
President, Vice-President, Secretary-Treasurer and an Assistant Secretary-
Treasurer, Who shall serve for one year; provided, however, the Members of the
Board elected to succeed the prior elected officers may be elected at a special
meeting duly called and specifically called for that purpose by the Board, The
‘Board elected at that special meting to serve until the first annual meeting of the
Association held thereafter. Two Members of the Board shall be elected for a
one-year term initially, and three Members of the Board shall be elected for a
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two-year initial term. Thereafter, two Members of the Board shall be elected
every other year and three Members of the Board shall be elected every other
year. The President, Vice-President, Secretary-Treasurer and Assistant Secretary-
Treasurer shall be elected each year.
(d) ‘Resignation and Removal. Any Member of the Board, President, Vice~-
President, Secrétary-Treasurer and Assistant Secretary-Treasurer may resign at
any time by giving written notice to the President or Vice-President should the
resigning Member be the President. Any Member of the Board or elected official
may be removed from elected office by a two-thirds affirmative vote of the.
Association except that a vacancy on the Board shall be deeded to exist in the
event of the death of a Member, the disability of a Member, which in the opinion
of.the majority of the Board, renders such Member incapable of performing his
elected duties, or in the event a Member shall cease to be a Member of the
Association. Whenever there shall occur a vacancy On the Board for any Teason,
the remaining Board Member shall elect a successor Member to serve until the
next annual meeting of the Association or a special meeting is called for filling
vacancies at which time said vacancy shall be filled by the Association for the
unexpired term.
‘(e) Compensation. The Members of Board and elected officials shall receive no
compensation for their services unless expressly provided for by the Association
but shall be reimbursed for reasonable expenses incurred by them in the
performance of their duties.
(f} Powers and Authority of the Board. The Board and elected officers, for the
benefit of the Property and the Association shall enforce the provisions of this
Declaration, these By-Laws, and Rules and Regulations governing the Property.
Subject to any provisions herein, the, Board and elected officials shall have the
power and authority to acquire and pay for the following, which shall be deemed
common expenses of the Association:
(1) Water, sewer, electrical, lighting, and other necessary utilities for
the Common Properties and Property.
(2) Legal and accounting services necessary oF advisable in the
operation of the Common Properties and Property and the
enforcement of this Declaration, these By-Laws, and any rules and
regulations made pursuant thereto.
G3) Painting, maintenance, repair, replacement and landscaping of the
Common Properties and Property. The Board shall also have the
tight from time to time to acquire and dispose of by gale or
otherwise and without the necessity of approval by any Owner,
furnishings and equipment and other personal property for the
Common Properties and to provide maintenance, repair and
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replacement thereof. Said repairs shall include the maintenance of
fhe common fencing, common sign, lighting, shrubs, grass and
drainage areas.
(4) — Any other materials, supplies, labor, services, maintenance, repairs
structural alterations, insurance, taxes, or assessments that the
Board is required to secure or pay for pursuant to the terms of this
Declaration, these By-Laws, or any Rules or Regulations
promulgated or which, in its opinion, shall be necessary of
advisable for the operation of the Common Properties and Property
or for the enforcement of this Declaration, these By-Laws, or the
Rules and Regulations. The Board shall have the exclusive right to
contract for all goods, services, including security and insurance
payment for which is to be made from Common Expenses.
Additional Powers of the Board. The Board shall have the right to acquire,
operate, lease, manage, trade.and otherwise dea! with the Common Properties as
may be necessary Or convenient in the operation and management of the Common
Properties, and in accomplishing the purposes set forth herein.
Meetings of the Board. Meetings of the Board shall be held at such places
within Hamilton County in the State of Tennessee as the Board shall determine at
least once per quarter. Three Members of the Board, which shall include the
President or Vice-President and the Secretary-Treasurer, of hig appointee from the
Board, shall constitute a quorum and if a quorum is present, the decision of the
majority of those present shall be the act of the Board. Meetings of the Board
shall be chaired by the President or Vice-President of the Association and the
“minutes shall be recorded by the Secretary-Treasurer of the Association (or an
appointee of the Board). Any action required to be or which may be taken by the
Board may be taken without a meeting of the Board pursuant to a written consent,
setting forth the action so taken, signed by a majority of the Members of the
Board,”
Special Meetings. Special meetings of the Board may be called by the President
of the Association or by any two Board Members.
Notice of Meetings. Regular meetings of the Board may be held without call or
notice. The person or persons calling a special meeting of the Board shall, at least
ten (10) days before the meeting, give notice thereof by any usual meas of
communication to all Board Members. Such notice need not specify the purpose
_for which the meeting is called. Tf an agenda is prepared for such a meeting, the
” meeting need not be restricted to discussions of those items listed on the agenda.
Waiver of Notice. Any Members of the Board may, at any time, waive notice of
any meeting of the Board in writing, and such waiver shall be deemed equivalent
to the giving of such notice, Attendance of any Member of the Board at any
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meeting thereof shall constitute a waiver of notice of such mecting unless 4 Board
Member attends the meeting for the express purpose of objecting to the
transaction of any business because the meeting was not lawfully called and does
go object by delivering a written document to that effect.
()) Fiscal Year. The fiscal year shall be determined by the Board.
(m) Special Committees. Special Committees shall be appointed by the President.
The Board shall have tights to call for the formation of committees by motion.
(n) Rules and Regulations. The Board shall have the power and right to adopt and
amend rules and regulations for the purpose of governing details of the operation
and use of the Common Properties and setting forth restrictions on, and
requirements respecting the use and maintenance of the Common Properties.
Copies of the Rules and Regulations shall be furnished to each Ovmer prior to the
time the same shall be come effective.
(o) – Limitation on Capital Additions, Etc. The Board shall authorize no structural
alterations, capital additions to, or capital improvements of the Common
Properties, any of which require an expenditure in excess of $1,000.00 without
approval, of the majority vote of the Association; provided, however, that the
Board shall have the power to make any such structural alterations, capital
additions to, or capital improvements of, the Common Properties as are necessary,
in the Board’s reasonable judgment, to preserve or maintain the integrity thereof
without obtaining such approval, if in the opinion of the Board an emergency
exists upon which should be corrected before a meeting of the Association could
be reasonably called and held.
(p) _ Failure to Insist on Strict Performance Not Waiver. The failure of the Board
or its agents to insist, in any one or more instances, upon the strict performance of
any of the terms, covenants, conditions or restrictions in this Declaration, or the
By-Laws or the Rules and Regulations or to exercise any right or option herein
contained, or to serve any notice ot to institute any action shall not be construed
as a waiver or a relinquishment for the future, of such terms, covenant, condition
or restriction, right, option, or notice; but such term, covenant, condition or
restriction, tight, option or notice shall remain in full force and effect.
95.4 The Association: Meetings, Officers, Etc.
(a) Quorum. The presence in person or by proxy at any meeting of the Association
of two-thirds (2/3) of the Owners of Lots subject to assessment in response to
riotice to all owners properly given in accordance with Sections 25.3(j) or 25.3(k)
of the By-Laws, as the case may be, shall constimte a quorum. Unless otherwise
expressly provided in this Declaration, any action may be taken at any mesting of
the Association upon the affirmative vote of persons entitled to cast a two-thirds
(2/3) majority of the votes which are represented at such meeting. Proxy vote
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representation shall be recognized and counted, should Members not submit a
proxy then a vote “For” the recommendation of the Board will be assumed.
(b) Annual Meeting. There shall be an annual meeting of the Association on the 1″
Tuesday day of March of each year, at 6:00 p.m, at Savannah Place Townhomes
or at any place or time (but not more than thirty (30) days before or after such
date) so designed by the Board, ‘The Secretary-Treasurer shall present a review of
the expenses for the prior year and a budget for the coming year or any pertinent
actions passed by the Board.
(c) Special Meeting. Special meetings of the Association may be held at any time
and at any reasonable place to consider matters which require the approval of all
or some of the Owners, or for any other reasonable purpose. Special meetings
shall be called by a majority of the Board, or at least by one-third (1/3) of the
Owners by written notice, delivered to all owners not less than fifteen (15) days
prior to the date fixed for said meeting. The notice shall contain matters to be
considered.
(d) ‘Parliamentary Rules. Robert’s Rules of Order (latest edition) shall govern the
conduct of the Association meetings when not in conflict with this Declaration or
other such rules adopted by the Board,
(e) Officers. The officers of thé Association shall be a President, Vice-President,
Secretary-Treasurer and Assistant Secretary-Treasurer. Each officer shall be
required to be a Member in good standing; and the President must be a Member
of the Board. No officer shall receive compensation for serving as such. Officers
shali be annually elected by the Association and may be removed or replaced by
game. The Board may, in its discretion, require that officers be subject to fidelity
bond coverage.
(1) ‘President. The President shall preside at all mectings of the
Association and of the Board, and may exercise the powers
ordinarily allocable to the presiding office of an association,
including the appointment of committees. The President shall be
authorized to provide payment for Association expenses not to
exceed $400.00.
(2) Vice-President. In the absence or inability of the President, the
Vice-President shall perform the functions of the President.
(3) Secretary-Treasuret. The Secretary shall keep the minutes of all
proceedings of the Board and the Association and shall keep such
books and records as may be necessary for the records of the
Association and the Board, including the minute book wherein the
resolutions shall be recorded, As Treasurer he shall be responsible
for the fiscal affairs of the Board and the Association.
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(4) Assistant Secretary-Treasurer. In the absence or inability of the
Secretary-Treasurer, the Assistant Secretary-Treasurer shall
perform the functions of the Secretary- Treasurer.
95.4 Liability And Indemnification.
(a) Liability of Members of the Board and Officers. The Members of the Board,
the officers and any agents and employees of the Association shall: (i) not be
liable to the Members or Association as a result of their activities as such for any
mistake of judgment, or otherwise, except for acts or omissions not in good faith
or which jnvolve intentional misconduct or a knowing violation of law; (ii) have
no personal liability to a Member or any other person or entity under any
agreement, instrument or transaction entered into by them on behalf of the
Members in their capacity a such; (iii) have no personal lability in tort to a
Member or any other person or entity direct or imputed by virtue of acts
performed by them as Board Members and/or officers except for acts or omissions
not in good faith or which involve intentional misconduct or a knowing violation
of law; and (iv) have no personal liability atising out of the use, misuse or
condition of the Property, or which might in any way be assessed against or
imputed to thei as a result or by virtue of their capacity as such Board Members
and/or officers,
(b) Indemnification by Association. To the extent now or hereafter permitted by
applicable law, the ‘Association shall indemnify and hold harmless any person, his
heirs and personal representatives, from and against any and all personal liability,
and all expenses, including without limitation counsel fees and court costs,
incurred or imposed, or arising out of or in settlement of any threatened, pending
or completed action, suit or proceeding, whether civil, criminal, administrative or
investigative instituted by any one or more Members or any other persons or
entities, to which he shall be or shall be threatened to be made a party by reason
of the fact that he is or was a Member of the Board or an officer, or agent or
employee of the Association; provided, in the case of any settlement, that the
Board shall have approved -the settlement, which approval is not to be
unreasonably withheld. Such right of indemnification shall not be deemed
exclusive of any other rights to which such person may be entitled as a matter of
law or agreement or by vote of the Association of the Board, or otherwise. The
indemnification by the Association set forth herein shall be paid by the Board on
behalf of the Association and shall constitute a Common Expense.
(c) Costs of Suit in Actions Brought by One or More Members on Behalf of All
Members. No suit shall be brought by one or more but less than all Members on
behalf of all Members without approval of a majority of Members and, if approval
is obtained, the plaintiffs’ expenses, including reasonable counsel’s fees and court
costs, shall be a Common Expense unless such suit is brought by one or more
Members against other Members, the Association or against the Board, the
officers, employees, or agents thereof, in their capacities as such, with the result
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that the ultimate liability asserted would, if proved, be bore by all Members as
defendants, in which event the plaintiffs’ expenses including counsel’s fees and
court costs, shall not be charged as a Common Expense.
(d) Notice of Suit and Opportunity to Defend. | Suits brought against the
Association, or the Board, or the officers, employees or agents thereof, in their
respective capacities as such, or the Common Properties as a whole, shall be
directed to the President of the Association, who shall promptly give written
notice thereof to the other Members of the Board and any Mortgagees, and shall
be defended by the Board, and the Association and all Members shall have no
tight to participate other than through the Board in such defense. Suits against
one or moré, but less than all Members shall be directed to such Members, who
shall promptly given written notice thereof to the Board and to the Mortgagees of
the Lots affected, and shall be defended by such Members at their expense.
25.5 Purpose, Uses and Restrictions,
(a) Common Properties. The Common Properties shall not be used except for one
or more of the following purposes:
(1) For the installation and maintenance of drainage systems, water
. lines, sewer lines, gas lines, telephone lines, power lines, cable TV
lines, lighting, and all other utility and/or service lines.
(2) Ingress and Egress.
(3) Constructiori and maintenance of security fences, gates, alarms,
signage, etc.
(4) The Common. Properties shall remain permanently as open space
– and there shall be no development of same. No building, structure
or facility shall be placed, installed, erected or constructed in or‘on
said Common Properties, unless it is purely incidental te one or
more of the uses above specified. Notwithstanding any other
‘ provision of this Declaration to the contrary, no amendment shall
be made which impair or diminishes the rights of the Members of
the Association in the Common Properties.
(b) No more than one yard sale shall be held by the same owner within any six-month
period, Such yard sale shall not exceed two days.
(c) If any Dwelling Unit shall be used for rental purposes, the Dwelling Unit Owner
– or his agent shall insure that no objectionable or offensive activity is permitted
that might disturb any other Dwelling Unit resident or Owner.
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(4) No more than one birdbath shall be permitted on any Lot and shall be located to
the rear of the townhome.
(e) Each owner shall obtain fire and extended coverage insurance on his Dwelling
Unit in an amount which shall be equal to the maximum insurable replacement
value as determined annually and shall annually provide a certificate evidencing
the existence of insurance to the Secretary of the Association. Each owner shall
purchase public liability insurance in an amount not less than $300,000.00 to
protect himself against claims due to accidents within his Dwelling Unit and on
the outside ground of his Dwelling Unit and the Common Properties, and
annually provide a certificate evidencing same to the Secretary of the Association,
Payment of any claim for damage or logs to a’ Dwelling Unit shall be used
exclusively for the cost of repair and restoration of such damaged Dwelling Unit
in this entirety.
(fy) Each Owner shall pay his property tax as billed. If any taxing authority shall levy
and tax against any Common Properties, then each Owner shall pay an equal
share of said tax.
(g) Annual Termite Contracts are to be kept in force by each Owner with a pest
control company of their choice, and annually provide a certificate evidencing
same to the Secretary of the Association. This is to insure that no termite damage
will ocenr between Dwelling Units.
(bh) Owners shall promptly remove any deposits or wastes made by their pets upon the
Common Properties or the properties of other Owners. All pets must be leashed if
walking in the property. Pets shall not be permitted to be a nuisance to the
neighboring property owners.
rf) No outside clotheslines shall be placed on any lot,
(i) When not in use, garage doors on garages are to remain closed so as to prevent an
unsightly view from adjoining landowners and passersby. When possible, all ,
vehicles are to be parked inside the enclosed garage area. When not possible,
they shall be parked on the driveway area and not in the yard area.
(x) — All Owners shall maintain their mailbox in accordatice with the Developer’s
uniform design and construction requirements. The mailboxes shall be kept the
same color and size as constructed and established by Developer. All house
numbers shall be of the same design and size.
() No window air conditioning unit may be located in any part of the dwelling or
accessory structure which is visible from any street,
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25.6 Assessments.
(a) Creation of Lien and Personal Obligation of Assessments. Each owner by
acceptance of a-deed conveying @ lot, whether it be expressed in any such deed or
other conveyance, by submission of such lots to this Declaration hereof, shall be
deemed to covenant and agree to all of the terms and provisions of this
Declaration and pay to the Association annual assessments and special
assessments for the purposes set forth in Section 25.6(d) of this Article, at such
time as hereinafter provided. The Owner of the lot shall be personally liable to
the Association for the payments of all assessments, whether annual or special,
which may be levied while such party is Owner of a lot, The assessments,
together with interest thereon and costs of collection therefore as hereinafter
provided, shall be a charge and continuing lien on the lot and all of the
improvements thereon against which each such assessment is made. Unpaid
assessments shall bear such interest from due date to date of payment at a rate set
by the Board.
(b) Purpose of Assessments. The assessments levied by the Board shall be used
exclusively to promote the recreation, health, gafety and welfare of the Owners
and for the improvement and maintenance of the Common Properties and
Property. Special assessments shall be used as set forth in Section (d) of this
Article.
(c) Amount of Monthly Assessments, The monthly assessment per lot shall be
$150.00 payable in advance and quarterly unless a majority of the Board should
elect to increase or reduce said amount at an annual or special meeting approved
by two-thirds (2/3) of the Board Members in attendance.
(2) Special Assessments for Improvements and Additions. The Board may levy
special assessments for the purpose of defraying in whole or in part, the cost of
any construction or reconstruction, unexpecied repair or replacement of a
described capital improvement upon the Common Properties or Property,
including necessary fixtures and personal property related thereto or addition to
the Common Properties, provided that such assessment shall have the approval of
two-thirds (2/3) of the Owners at a duly called meeting of the Association, written
notice shall be sent fo Members thirty (30) days in advance setting forth the
purposes of said meeting,
(e) Date of Commencement of Monthly Assessments. The monthly assessments
shall commence on the date fixed by the Board to be the date of commencement.
Such monthly assessment will be due and payable on the same date of each
quarter as so established, The due date shall be fixed in the resolution authorizing
such assessment.
(fy Lien. Recognizing that the necessity for providing proper operation and
management of the Common Properties and Property entails the continuing
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payment of costs and expenses therefor, the Association is hereby granted a lien
upon each lot and the improvements thereon as security for payment for all
assessments against said lot, now or hereafter assessed, which lien shall also
secure all costs and expenses, and reasonable attomey’s fees and court costs,
which may be incurred by the Association in the enforcement of the lien upon
said lot. The lien granted to the Association may be foreclosed as other liens are
foreclosed in the State of Tennessee, Failure by the Owner fo pay any
assessment, annual or special, on or before the due dates set by the Association
for such payment shall constitute a default, and this Hen may be foreclosed by the
Association.
(g) Lease, Sale or Mortgage of Lot. Whenever any lot may be leased, sold or
mortgaged by the Owner thereof, which lease, sale or mortgage shall be
concluded only upon compliance with other provisions of this Declaration, the
Association, upon written request of the Owner of such lot, shall furnish to the
proposed lessee, purchaser or mortgagee, a statement verifying the status of
payment of any assessments which shall be due and payable to the Association by
the Owner of such lot; such statement shall include whether there exists any
matter in dispute between the Owner of such lot and the Association under this
Declaration.
Such statement shall he executed by an Officer of the Association, any leases,
purchaser or mortgagee may rely upon such statement in concluding the proposed
lease, purchase or mortgage transaction, and the Association’ shall be bound by
such statement. ;
Should payment of any assessment be in default when such lease, sale or
mortgage should be transacted, then the rent, proceeds of purchase or mortgage
shall be applied by the lessee, purchaser or mortgagee first to payment of any
delinquent assessment to the Association before payment of any rent, proceeds of
purchase ot mortgage to the Owner or any lot who is responsible for payment of
such delinquent assessment.
In any voluntary conveyance of a lot, the grantee shall be jointly and severally
able with the grantor for all unpaid assessments against the grantor and the lot
made prior to the time of such voluntary conveyance, without prejudice to the
rights of the grantee to recover from the gtantor the amounts paid by the grantee
therefor.
25.7 Mortgages, Mortgagees and Procedures and Rights Relating Thereto, Subsequent to
the recording of this Declaration, no liens of any nature shall be created or arise against
any portion of the Property except against an individual lot. No labor performed or
materials furnished with the consent or at the request of a particular Owner shall be the
basis for the filing of a mechanic’s lien claim against any other lot. If the performance of
the labor or furnishing of the materials is expressly authorized by the Association, each
Owner shall be deemed to have expressly authorized and consented to such performance
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of labor and furnishing of materials, and each Owner shall be liable for the payment
thereof in a proportionate share of any due and payable indebtedness, as set forth in this
Declaration. An Owner shall not be liable for any claims, damages or judgments entered
as a result of any action ot inaction of the Association other than for mechanic’s liens as
set forth above. Each Owner’s liability for any judgment entered against the Association
shall be limited to said Owner’s proportionate share of the indebtedness, as set forth in
this Declaration whether collection is sought through assessment or otherwise.
25.8 Default/Remedies.
(a) Event of Default/Notice. If any Owner (either by said Owner’s own conduct or
by the conduct of any occupant by said Owner’s lot) shall violate any provision of
this Declaration, the By-Laws or the Rules and Regulations, and if such default or
violation shall continue for twenty (20) days after written notice to the Owner
from the Association, or shall occur repeatedly during any ten (10) day period
after such written notice, then such violation shall constitute an event of default
(“Event of Default”) and the Association shall have the power to issue to said
defaulting Owner notice not to occupy, control, use and enjoy the Common
Properties and to not vote as a Member of the Association.
(b) Remedies in the Event of Default. In an event of default, the Association, or it
successors and assigns, or its agent, shall have each and all of the rights and
remedies which may be provided for in this Dedlaration or the laws of the State of
Tennessee, or which may be provided or permitted at law or in equity, and may
prosecute an action or other proceedings against such defaulting Owner and/or
others for enforcement of any lien and the appointment of a receiver for the lot
and ownership interest of such Owner, or for damages or injunction or specific
performance, or for judgment for payment of money and collection thereof, or the
rieht to take possession of the lot and such Quwner’s interest in the Property, and
to sell the same, as hereinafter in this Declaration provided, or for any
combination of remedies, or for any other relief. All expenses of the Association
in comnection with any such actions or proceedings, including court costs and
attomey’s fees and other fees and expenses and all damages, liquidated or
otherwise, together with interest thereon at the maximum contract rate per annum
permitted by law shall be charged to and assessed against such defaulting Owner
until paid, and shall be added to and deemed part of said Owner’s respective share
of the Common Expenses, and the Association shall have a lien for all of the
same, as well as for non-payment of said Owner’s respective share of the
Common Expenses, upon the lot and ownership interest in the Common Elements
of such defaulting Owner and upon all of said Owner’s additions and
improvements thereto; provided, however, that such Hen shall be subordinate to
the lien of any prior recorded first mortgage or security deed on the Property or
any portion thereof, or on any interest of such Owner, except for the amount of
the proportionate share of said Common Expenses which became due and payable
from and after the date on which the said mortgage owner or holder either takes
possession of the lot or interest encumbered by such mortgage or security deed,
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Honk and Paget GI 7646 115,
accepts a conveyance of any interest therein (other than as a security) or files suit
or commences other proceedings to foreclose such mortgage or security deed and
causes a receiver to be appointed. In the event of default by atry Owner, the
Board shall have the authority to correct such default, and to do whatever may be
necessary for such purpose and all expenses in connection therewith shall be
charged to and assessed against such defaulting Owner, together with interest
thereon at the rate aforesaid. Any and all such rights and remedies may be
exercised at any time and from time to time, cumulatively or otherwise, by the
Association. This provision shall not be amended, modified or rescinded without
the prior written consent of all lenders who are the holders or owners of a
mortgage or security deed recorded prior to the date of such amendment,
modification, or rescission.
25.9 General Provisions.
(a) Acceptance of Provisions. Each Owner, by the acceptance of a deed of
conveyance, accepts the same subject to all easements, restrictions, conditions,
covenants, reservations, liens and charges, and the jurisdiction, rights and powers
created or reserved by this Declaration, and all easements, rights, benefits and
privileges of every character hereby granted, created, reserved or declared, and all
impositions and obligations imposed hereby shall be deemed and taken to be
covenants running with the land, sbal! bind any person having at any time any
interest or estate in said land and shall inure to the benefit of such person in like
manner as though the provisions of this Declaration were recited and stipulated at
length in each and every deed of conveyance.
(b) Notices. Any notices required or permitted to be given under this Declaration
unless otherwise specified shall be either personally hand delivered or sent
registered or certified mail with return receipt requested, at the respective address
of the Owners, ot by the Association or to such other address as an Owner or the
Association may from time to time designate in writing to the Association. Any
notice shall be deemed to have been given at the time it is hand delivered or it is
placed in the mails with sufficient postage prepaid.
(c) Amendments. This Declaration may be amended in accordance with the
following procedures:
(1) An Amendment to this Declaration may be considered at any
annual or special meeting of the Association; provided however,
that if an annual meeting, notice of consideration of the
Amendment and a general description of the terms of such
Amendment shall be included in the notice of the annual meeting,
and if a special meeting, a similar notice shall be included in the
notice of the special meeting, Notice of any meeting to consider
an Amendment shall also be sent to each Mortgagee listed upon
the register of the Association.
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(2) At any such meeting, the Amendment must be approved by an
affirmative two-thirds (2/3) vote of those Owners present and
voting.
(3) If an Amendment is approved as set forth in Paragraph 2 of this
Section, the Secretary shall mail a true copy of the Amendment to
each Owner, informing each Owner that he shall have twenty (20)
days from such notice within which to reply, in writing, to the
Secretary of the Association and to indicate his approval or
disapproval of such Amendment, If seventy-five percent (75%) of
those Owners responding within said twenty (20) day period shall
indicate their approval of the Amendment, it shall be deemed
adopted.
(4) An Amendment adopted under Paragraph 3 of this Section shall
become effective upon its recording in the Office of Register of
Hamilton County, Tennessee, and the President and Secretary shall
execute, acknowledge and record the Amendment and the
Secretary shall certify on its face that it has been adopted in
accordance with the provisions of this Section; provided that in the
event of the disability or incapacity of either, the Vice-President
shall be empowered to execute, acknowledge, and record the
Amendment. The certificate shall be conclusive evidence to any
person. who relies thereon in good faith, including, without
limitation, any Mortgagee, prospective purchaser, tenant, lien, or
title insurance company that the Amendment was adopted in
accordance with the provisions of this Section.
(5) ‘This certificate referred to in Paragraph 4 of this Section shall be in
substantially the following form:
CERTIFICATE
I, , do hereby certify that I am
the Secretary of Savannah Place Townhomes Owners’ Association
and that the within Amendment to the Declaration of Covenants
and Restrictions and By-Laws for Savannah Place Townhomes
Owner’s Association was duly adopted by the Owners of said
Association in accordance with the provisions of Section of
said Declaration.
Witness my hand this – day of ;
200.
Secretary
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(6) No Amendment shall be made affecting the Common Properties
which is in any manner inconsistent with the permitted uses and
purposes for such properties set out herein. No Amendment to this
Declaration shall be made unless it conforms to any local, county,
or state governmental planning and zoning laws and regulations.
No Amendment to this Declaration shall be made which shall
adversely affect the rights of Mortgagees set out herein.
(d) Conveyance of Interest in Common Elements. The undivided interest in the
Common Properties shall not be separated from the lot to which such interest
appertains and shall be deemed conveyed or encumbered with the lot even though
such interest is not expressly mentioned or described
in the deed of conveyance or
other instrument.
(e) Effective Date. This Declaration shall be effective upon recordation.
(f) Headings. The headings of paragraphs and sections in this Declaration are for
convenience or reference only and shall not in any way limit or define the content
or substance of such paragraphs and sections.
(g) | Number and Gender. As used in this Declaration, the singular shall include the
plural, and masculine, feminine, and nevler pronouns shall be fully
interchangeable, where the context so requires.
(bh) Perpetuities and Restraints on Aljenation. If any of the options, privileges,
covenants or rights created by this Declaration shall be unlawful, void or voidable
for violation of the rule of property known as the rule against perpetuities, then
such provision shall continue in force and effect only until sixty (60) years after
the date hereof.
(i) Attorney Fees and Court Costs. In the event any Owner shall violate the
restrictions, covenants or obligations herein, the Developer, the Association or
other party seeking to enforce restrictions, covenants and obligations’ shall be
entitled to recover, and such violating party agrees to pay damages or other dues
for such violations, including but not limited to reasonable attomey’s fees and
court costs.
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IN WITNESS WHEREOF, Developer has caused this instrament to be executed as of the
day and date first above written,
DEVELOPER:
Sherrill E. White, President
STATE OF TENNESSEE:
COUNTY OF HAMILTON:
Before me, the undersigned, a Notary Public of the state and county mentioned, personally
appeared Sherrill E. White, with whom Iam personally acquainted (or proved to me on the basis
of satisfactory evidence), and who, upon oath, acknowledged himself/herself to be President of
S.E.W. Construction,
Inc., the within named bargainor, a corporation, and that he as such
President, executed the foregoing instrument for the purpose therein contained, by signing the
name of the corporation by himself as President,
Witness my hand, at office in Chaftanooga, Tennessee, this 7 day of
a, file , 2005. .
My Commission Expires:_ 7 2 “OG
OWEN\CORP\DECLARATION\SAVANNAHPLACE 19
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eT
Date: 3/22/2011
To: Solid Earth Document Fax Service
Faxi: 256-799-2238
From: ~ Amy Mullins
Re: Bareoded: *-1-1160786262*
Document Type: Seller Disclosure For MLS#: 1160756
FAX-IN DOCUMENT DIRECTIONS
Attach this cover page and fax your document(s) to 286-799-2238 Once received, we will automatically
process the documents and they will be viewable on your LIST-IT MLS System in approximately 5 minutes.
Note:To fax more than one document at a time, separate each document type with a new cover sheet
and the system will automatically process them.
LILLE Leer ee eee eC CLT ULOCL LOM AW AUA LARA ARAAAAWKE
READ THIS BEFORE FA XING
Ey Prerrrueirerteerecc reer ivy Peer ree red
* Barcode is at top of cover sheet AND is clear and teqibla
* Separate cover sheats for each document and fax # Is correct
* Document and cover sheet are not faxed upside-down
wie Cerra teree ren rey AAW ALEN ARAL ANAA NARI
HELP My Document is not showing up! If your document does hot appear on the MLS System within
410 minutes please check the items above before attempting to re-fax.
if you have checked all the items above and are still not seeing your document on the MLS, natify your local
association and describe the problem (make sure to reference the MLS # and the document type).
http://www.mymls.org/ListitChattanooga/ListitScripts/maintenance/fax_service.asp?mls_a… 3/22/2011
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% |
TENNESSEE RESIDENTIAL PROPERTY
CONDITION EXEMPTION NOTIFICATION
Property Address: ASB Sauk jeacen, Carict
1
2 ~~ ‘Buyer:
4 The Tennessee Residential Property Disclosure Act requires sellers of residential real property with one to four dwelling
8 units to fumish to a buyer one of the following: (1) a residential property disclosure statement (the “Diselogure”), or (2)a
6 residential property disclaimer statement (permitted only where the buyer waives the required Disclosure). Some property
7 transfers may be exempt from this requirement (see Tenn. Code Ann, § 66-5-209). The following is a summary of the
8 buyers’ and sellers’ rights and obligations ander the Act. A complete copy of the Act may be found at:
9 Awww state, tous, >/hoards/trec/index.sh
10 f, Sellera must disclose all known material defects and must answer the questions on the Disclosure form in good faith (o
Wt the best of the seller’s knowledge as of the Disclosure date.
42 2. Sellers must give the buyers the Disclosure form before the acceptance of a purchase contract.
13 3.‘ Sellers must inform the buyers, at or before closing, of any inaccuracies or material changes in the condition that have
14 occurred since the time of the initia! Disclosure, or certify ihat there are no changes.
15 4. Sellers may give the buyers a report or opinion prepared by a professional inspector or other expert(s), or certain
16 information provided by a public agency, in lieu of responding to some or all of the questions on the form (See Tenn.
17 Code Ann. § 66-5.204).
18 . Sellers are not required to have a home inspection or other investigation in order to complete the Disclosure form.
49 6. Sellers aro not required to repair any items listed on the Disclosure form or on any past or future inspection report ures
20 agreed to in the purchase contract.
21 7. Sellers involved in the first sale of a dwelling must disclose the amount of any impact fees or adequate facility taxes
22 paid,
23° 8 Sellers are not required to disclose if any occupant was HIV-positive, or had any other disease not likely to be
24 tranamitted by occupying a home, or whether the home had been the site of a homicide, suicide or felony, or act or
25 occurrence which had ne effect on tho physical structure of the property.
26 9, ‘Sellers may provide an “as is”, “no representations or warranties” disclaimer statement in lieu of the Disclosure form
a7 only if the buyer waives the right to the required disclosure, otherwise the sellers must provide the completed Disclosure
28 form (see Tenn. Code Ann. § 66-5-202).
29 10. Sellers may be exempt from having to complete the Disclosure form in certain limited circumstances (e.g: public
30 auctions, court orders, some foreclosures aid bankruptcies, new construction with written warranty, or owter has not
3 resided on the property at any time within the prior 3 years. See Tenn, Code Ann. § 66-5-209).
32 11. Buyers are advised to inelude home and wood infestation, well, water sources, septic system, lead-based paint, radon,
33 mold, and other appropriate inspection contingencies in the contract, as the Disclosure form is not a warranty of any kind
34 by the seller, and is not a substitute for any warranties or inspections the buyermay desire to purchase.
38 12. Any repair of disclosed defects must be negotiated and addressed in the Purchase and Sale Agreement; otherwise, seller
38 is not required to repair any such items.
37 13, Buyers may, but do not have to, waive thair right to receive the Disclosure form from tie sellers if the sellers provide a
a8 disclaimer statement with no representations or warranties (see Tenn. Code Ann. § 66-5-202).
39 14, Remedies for misrepresontations or nondisclosure in a Property Condition Disclosure statement may be available to
40 buyer and are set aut fully in ‘ann. Code Ann, § 66-5-208. Buyer should consult with an attorney regarding any such
41 matters.
naganag y .
‘opyright 2011 Tennessee Agscclation of Realtors
42 — Tennessee Revldentlal Property Condition Exempiton Notiffeatton, Page 1 of 3 Modiited on 1/01/2014
‘iS document was ganarated using tho Inatangt Forma Desumént Manogomont Service, ww. inetanctforia.com.
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15. Representations in the Disclosure form are those of the sellers only, and not of any real estate licensee, although
licensees are required to disclose to all parties adverse facts of which the licensce has actual knowledge or notice, =~
18, Pursuant to Tenn. Code Ann. § 47-18-104(b), sellers of newly constructed residences on a septic system are prohibited
from knowingly advertising or marketing a home as having more bedrooms than are permitted by the subsurface sewage
disposal system permit.
17. Sellers must disctose the presence of any known exterior injection well, the results of any known percolation test or soil
absorption rate performed on the property that is determined or accepted by the Department of Environment and
Conservation, and whether the property is located within a Planned Unit Development as defined by Tenn, Code Ann. §
66-5-213 and, if requested, provide buyers with a copy of the development’s restrictive covenants, homeowner bylaws
and master deed. Sellers must also disclose if they have. knowledge that the residence has ever been moved from an
~~ existing foundation to another foundation.
The Buyers and Sellers involved in the current or prospective real estate transaction for the property listed above
acknowledge that they were informed of their righta and obligations regarding Residential Property Disclosures, and that this
information was provided by the real estate licensee(x) prior to the completion or teviewing of a Tennessee Residential
Property Condition Disclosure, a Tennessee Residential Property Condition Disclaimer Statement, or a Tennessee Residential
Property Condition Exemption Notification. Buyers and Sellers also acknowledge that they were advised to zeck the advice
ofan attorney on any legal questions they may have regarding this information or prior to taking any legal actions.
The Tennessee Residential Property Disclosure Act states that anyone transfering title to residential real property must
provide information about the condition of the property. This completed form constitutes that disclosure by the Seller, The
information contained in the disclosure is the representation of the owner and not the representation of the real estate licensee
or sales person, ifany. This is not a warranty or a substitute for any professional inspections or warranties that the purchagers
may wish to obtain.
Buyers and Sellers shoutd be aware that any sales agreemout executed between the parties will supersede this form as
to the terms of sate, property included in the sale aad any obligations on the part of the seller to repair {tems Identified
below and/or the obligation of the buyer to accept such items “as is,” -.
The undersigned Selfer of the property described as Aas 38 eu bein Gt
does hereby notify Buyer that said property is being offered without a Residential Property Condition Disclosure Statement
as provided by the Tennessee Residential Property Disclosuye Act. This transfer is excluded under Tenn. Code Ann, § 66-5-
209 for the following reason(s): ;
4 This is a transfer pursuant to court order including, but not Limited to, transfer, ordered by a court in the
administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale, transfers by @
trustee in a bankruptcy, transfers by eminent domain and tranafers regulting from a decree of specific performance.
4 This is a transfer to a beneficiary of a deed of trust by a trustor or successor in interest who is in default; tranefers by
4 trustee under a deed of (rust pursuant to a foreclosure sale, or transfers by a beneficiary under a deed of trust who
has acquired the real property at # sale conducted pursuant to a foreclosure sale under a deed of trust or hag acquired
the real property by a deed in fieu of forectosure.
o This is a transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship,
conservatorship or trast,
O This is a transfer from one (1) or more co-owners solely to one (1) or more co-owners, This provision is intended to
apply and only does apply in situations where ownership is by a tenancy by the entirety, a joint tenancy or a tenancy
in common and the transfer will be made from one (1) or more of the owners to another owner or co-owners holding
property either as a joint tenancy, tenancy in common or tenancy by the entirety,
0 This is a transfer made by virtue of the record owner’s failure to pay federal, atate or local taxes.
GO This is a transfer between spouses resulting from a decree of divoree or a property settlement stipulation.
This is a transfer made solely ta any combination of a spouse or a person or persons in the lineal line of
consanguinity of one (1) of more of the transferors.
G This is a transfer to or from any governmental entity of public or quasi-public housing authority or agency.
a This is a transfer involving the first sale of a dwelling provided that the builder offers a written warranty.
o _ This is a transfer of any property sold at public auction.
This is a transfer of any property where the owner has not resided on the property at any time within three (3) years
Prior to the date of transfer.
Copyright 2011 © Termessee Association af Realtors®
F42 — Tennessee Residentlat Property Condition Exemption Notification, Page 2 of 3 Madifted aon 1/01/2041
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O This is a gransfer from a debtor in a chapter 7 or a chapter 13 bankruptey to a creditor or third party by a deed in Jiev
of foreclosure or by a quitelaim deed,
Pursuant to Tenn, Cade Aun. § 66-5-212, Sellers are required to disclose, in writing, the presence of any known exterior
injection well on the Property, whether the Sellers have knowledgo that any single family residence on the Property has ever
been moved from att existing foundation to another foundation, whether the Sellers have knowledge of any percolation teats
or soil absorption rates performed on the Property that aro determined or accepted by the Ternessce Department of
Enviroument and Conservation and the rosulte of said tests and/or rates, Sellers, pursuant to Tonn, Code Ann, § 66-5-213,
are alao required to disclose in writing if the Property is located in a Planted Unit Developmtent arid upon request, provide
buyers with a copy of the devalopment’s restrictive covenants, homeowner bylawsand master deed.
CHECK ALL THAT APPLY:
YES NO UNKOWN
i Seller knows of the presence of an exterior injection well on the Property.
ao ke Q
o OW Q Soller knows that a single family residence located on Property has been moved from an
existing foundation to another foundation,
q & i+) 3. Seller knows of a percolation test(s) that has been performed on the Property that is
determined or accepted by the Tennessee Department of Enviconment and Conservation.
~ If’yes, results of test(s) are attached.
oy q 4. Seller knows of goil absorption rate(s) that hes been performed on the property that is
determined or accepted by the Tennessee Department of Environment and Conservation.
If yes, regults of rate(s) are attached,
K iv] 5. This Property is located in a Planned Unit Development. Planned Unit Development is –
: defined pursuant to Tenn, Code Ann. § 66-5-213 as “an area of tand, controlled by one
(1) or more landowners, to be developed under unified control or unified plan of
development for a number of dwelling units, commercial, educational, recreational or
industrial uses, or any combination of the foregoing, the plan for which dovs not
comespond in lot size, bulk or type of use, density, lot coverage, open space, or other
restrictions fo the existing Jand use regulations.” Upon request, Seller shall provide to
buyers copies of the development’s restrictive covenants, homeowner bylaws and master
deed, Unknown is not an appropriate response under the statute.
som
The party(ies) below have signed and acknowledge receipt of a copy.
% ON Wa
SEL : SELLER
3 (9 fe at {© “30 slat Xo apm at o’clock
o am/ opm
Date Date
f
Buyer is advised that no representation or wartanties, express or implied, as (0 the condition of the property and its
improvements, are being offered by Saller or Saller’s Agent except in the cage where transfer involves the first sale of a
dwelling in which builder offers a written warranty. Furthermore, the Buyer should make or have made on the Buyer’s
behalf a thorough and diligent inspection of the property.
‘The party(ies) below have signed and acknowledge receipt of a copy.
BUYER BUYER
at o’clock o any og pm at o’slock 5 any gpm
Date Date
If the property being purchased is a condominium, the transferee/buyer is hereby given notice that the transferee/ouyer is
entitled, upon request, to receive certain information regarding the administration of the condominium from the developer or
the condominium association, as applicable, pursuant te Tennessee Code Annotated§ 66-27-502,
NOTE: This form is provided by TAR to tts members for Meir use in veal estate transacttons and 13 to beused as Is. By downloading and/or usiig this form,
you agrea and covenant not fo alter, amend, or edit saleform ar tts conténts except as where provided ly the blank elds, and agree and acknowledge that
any such alteration, amendment ov adit of sald form is done af yaur awn risk. Use of the TAR logo inconjunotion with any form ather than standerdlzed
Jorms craated by TAR |e stricily prohibited. This form is subject to pertodie revision and it is the responsibility of tha member to use the most recent
avaltahlefarm,
Copyright 2011 © Tennessee Asroctaiion of Reattors®
Faz — Tennesses Residential Property Condition Exemption Notifeation, Pago 3 of Modified on 1/01/2081
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@3-22-’11 11:29 FROM-Charlotte Mabry 4236041938 T-914 Pawel /aa5 F-9a3
Ure he
Date: 3/22/2011
To: Solid Earth Document Fax Service
Faxf: 256-799-2238
From: Amy Mullins
Re: Barcode#: *-9-1160756262″
Document Type: Other For MLS#: 1160756
FAX-IN DOCUMENT DIRECTIONS
Attach this cover page and fax your document(s) to 256-799-2238 ,Once received, we will automatically
process the documents and they will be viewable on your LIST-IT MLS System in approximately 5 minutes.
Nofe:To fax more than one document at a time, separate each document type with a new cover sheet
and the system will automatically process them.
WAWAAWAAWHANWAMWAAAWAABAAAANCAAAWAAKEAEA
AE Abd bL Ada,
READ THIS BEFORE FA XING
Preerrerererverrrerrroretrrsrrtreerry
* Barcode is at top of cover sheet AND Is clear and legible
* Separate cover sheets for each document and fax # ig correct
* Document and cover sheet are not faxed upside-down
HELP! My Document is not showing up! If your document does not appear on the MLS System within
10 minutes please check the items above before attempting to re-fax.
if you have checked all the items above and are still not seeing your document on the MLS, notify your local
association and describe the problem (make sure to reference the MLS # and the document type).
http:/Avww.mymls.org/ListitChattanooga/ListitScripts/maintenance/fax_service.asp?mls a… 3/22/2011
@3-22-’11 11:38 FROM-Charlotte Mabry 4236041938 T-914 Pae2/ae5 F-93
on
KELLER WILLIAMS.
DISCLAIMER NOTICE
1 The Brokers and their affiliated licensees (hereinafter collectively “Licensees”) involved in the Purchase and Sale
2 Agreement (hereinafter “Agreement”) regarding teal estate located at
K} S38 Sauct ne (hereinafter “Property”)
4 are not attorneys and aro not structural or environmental engineers, They are engaged
in bringing together buyers
5 and sellers in real estate transactions, Licensees expressly deny any expertige with réspect to advice or informed
8 — opinions regarding any of the following matters; This Disclaimer Notice is an express warning to all sellers and
7 — buyers that they should not rely on any statement, comment or opinion expressed by any Licensee when making
8 decisions about any of the following matters, including the selection of any professional to provide services on
9 — behalf of buyers or sellers, Any professional selected by buyers or sellers should be an “independent, qualified
10 professional”, who complies with all applicable state/local requirements, which may include licensing, insurance,
11 and bonding requirements. It is strongly recommonded that buyers include contingency clangeg in their offers to
12 purchase with regpect to these or any other matters of concem and that buyers, when writing the offer, allow
13 enough time to get an evaluation of the following matters from an independent, qualified professional, The
14s matters listed below are not an exclusive list of actions or circumstances which are not the responsibility of the
16 = Licensees with whom you work. These items are examples and are provided only for your guidance and
16 information.
17, 1. THE STRUCTURAL OR OTHER CONDITIONS OF THE PROPERTY, Consult with professional
18 engineers or other independent, qualified professionals to ascertain the existence of structural igsues, the
19 condition of synthetic stucco (E.LF.S,) and/or the overall condition of the Property.
20, 2. THE CONDITION OF ROOFING. Consult with a bonded roofing company for any concerns about the
21 condition of the roof.
22. 3. HOME INSPECTION. We strongly recommend that you have a home inspection, which is a useful tool for
23 determining the overall condition of a home including, but not limited to, electrical, heating, air conditioning,
24 plumbing, -wator-heating systems, fireplaces, windows, doors and appliances. Contact several sources (like
26 the Tennessee Department of Commerce & Insurance (www. licrchstate.tn.us), the American Society of
26 Home Inspectors (www oshicom), the National Association of Certified Home Inspectors (www.nachiorg),
27 aid Home Inspectors of Tennessee (www.hita.us) and independently investigate the competency of an
2a inspector, including whether he has complied with State and/or local licensing and registration requirements
20 in your atea, The home inspector may, in turn, recommend further examination by a specialist (heating, air,
30 plumbing, etc.) Failure to inspect typically means that you are accepting the property “as is”,
31. 4. WOOD DESTROYING ORGANISMS, PESTS AND INFESTATIONS. It is strongly recommended that
32 you use the services of a licensed, professional pest control company to determine the presence of wood
a3 destroying organisms (termites, fungus, etc.) or other pests or infestations and to examine the property for any
34 potential damage from such,
35° «5. ENVIROMENTAL HAZARDS. Environmental hazards, such as, but not limited to; radon gas, mold,
38 asbestos, lead-based paint, hazardous wastes, landfills, byproducts of methamphetamine production, high-
37 voltage electricity, noise levels, etc., require advanced techniques by environmental specialists to evaluate,
38 remediate and/or repair, It is strongly recommended that you secure the services of knowledgeable
a8 professionals and inspectors in all areas of environmental concern.
40 6. SQUARE FOOTAGE. There are many ways of measuring squate footage. Information is sometimes
41 gathered from tax or real estate records on the Property. Square footage provided by builders, real estate
42 licensees, or tax records is only an estimate with which to make comparisons, but it is not guaranteed, It is
43 advised that you have a licensed appraiser determine actual square footage,
Copyright 2011 © Fonnoseen Assnelation of Realtors®
F114 — Disclaimer Notice, Page 1 of 3 Modifled on 1/01/2011
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44 7, CURRENT VALUE, INVESTMENT POTENTIAL, OR RESALE VALUE OF THE PROPERTY. A
45 true estimate of the value can only be obtained through the services ofa licensed appraiser, No one, not even
48 & professional appraiser, can know the future value of a property. Unexpected and unforeseeable things
47 happen. NOTE: A teal estate licensee’s Comparative Market Analysis (CMA) or Broker’s Price Opinion
46 (BPO), ote., while sometimes used to set an. asking price or an offer price, is not an appraisal,
49 § BOUNDARY LINES, EASEMENTS, ENCROACHMENTS, AND ACREAGE, It is strongly advised
50 that you scours tlie services of a licensed surveyor for a full-stake boundary survey with all boundary lines,
51 eageinents, encroachments, flood zones, total acreage, atc. clearly identified, It is also advised that you not
§2 rely on mortgage loan inspection surveys, previous surveys, plat data, or Multiple Listing Service (MLS) data
53 for this information, even if acceptable to your lender.
54 9% ZONING, CODES, COVENANTS, RESTRICTIONS, AND RELATED ISSUES. Zoning, codes,
55 covenants, restrictions, ome owner association by-laws, special assegsments, city ordinances, governmental
56 repair requirements and related issues need to be verified by the appropriate sources in writing, If your
57 projected use requires a zoning or other change, it is recommended that you either wait until the change is in
58 effect before committing to a property or provide for this contingency in your Purchase and Sale Agreement.
69 = «10. UTILITY CONNECTIONS, SEPTIC SYSTEM CAPABILITY, AND RELATED SERVICES, The
60 availability, adequacy, connection and/or condition of waste disposal (sewer, septic system, etc.), water
81 supply, electric, gas, cable, internet, telephone, or other utilities and related services to the Property need to be
62 verified by the appropriate sowsces in writiig. You should have a professional check access and/or
83 connection to public sewer and/or public water source and/or the condition of any septic system(s) and/or
e4 wells, To confirm that any septic systems are properly permitted for the actual number of bedrooma, it is
65 recommended that sellers and/or buyers request a copy of the information contained in the file for the
66 Property maintained by the appropriate governmental permitting authority. If the file for this Property cannot
67 be located or you do not understand the information contained in the file, you should seek professional advice
68 regarding this matter. For unimproved land, septic system capability can only be determined by using the
6a services of a professional soil scientist and verifying with the appropriate governmental authorities that a
70 septic syatem of the desired type, size, location, and cost can be permitted and installed to accommodate the
va size home that you wish to build.
72 11. FLOODING, DRAINAGE, FLOOD INSURANCE, AND RELATED ITEMS, It is recommended that
13 you have a civil or geotechnical engineer or other independent expert determine the risks of flooding,
74 drainage or run-off problems, erosion, land shifting, unstable colluvial soil, sinkholes and landfills. The risk
15 of flooding may increase and drainage or stom run-off pathways may change. Be sure to consult with the
76 proper governmental authorities, elevation surveyors, and flood insurance professionals regarding flood and
77 . elevation certificates, flood zones, and flood insurance requirements, recommendations and costs.
78 «12. SCHOOL DISTRICTS AND OTHER SCHOOL INFORMATION. It is advised that you independently
79 confirm school zoning with the appropriate school authorities, as school districts are subject to change, Other
80 school information (rankings, curriculums, student-teacher ratios, ete.) should be confirmed by appropriate
il sources in writing.
82 s« 13. INFORMATION ABOUT CRIMES OR SEX OFFENDERS. You should consult with local, state and
83 federal law enforcement agencies for information or statistics regarding criminal activity at or near the
84 Property or for the location of sex offenders in a given area.
85 14. LEGAL AND TAX ADVICE. You should seek the advice of an attorney and/or certified tax specialist on
a6 any legal or tax questions conceming atiy offers, contracts, issues relating to title or ownership of the
a7 Property, or any other matters of concern, including those itemized in this Disclaimer Notice. Real estate
a6 licensees are not legal or tax experts, and therefore cannot advise you in these areas,
a9 15, RECOMMENDED INSPECTORS, SERVICE PROVIDERS, OR VENDORS. The furnishing of any
90 inspector, service provider or vendor named by the real estate licensee is done only as a convenience and a
at courtesy, and does not in any way constitute any wartanty, representation, or endorsement. Buyers and sellers
92 have the option to select any inspectors, service providers or vendors of the buyer’s or seller’s choice, You
93 are advised to contact several sources and independently investigate the competency of any inspector,
7 Copyright 2011 © Tennessee Assaclatlar of Realtors®
Fi4 — Disclaimer Notice, Page 2 of3 Modiifed on 1/01/2011
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a4 contractor, or other professional expert, service provider or vendor and to determine compliance with any
98 licensing, registration, insurance and bonding requirements in your area,
96 = The buyers and sellers acknowledge that they have not relied upon the advice, casual comments, or verbal
87 representations of any real estate Ilcensee relative to any of the matters itemized above or similar matters.
98 The buyers and s¢llers understand that it has been strongly recommended that they secure the services of
99 appropriately credentialed experts and professionals of the buyer’s or seller’s choice for the advice and
100 = counsel about these and similar concerns,
101 ‘The party(ies) below have signed and acknowledge receipt of a copy,
102
103 BUYER BUYER
104 at o”dlock o any o pm at o’clock 0 am/ Oo pm
108 Date Date
106 The party(ies) below have signed and qoknowledge receipt of’a copy.
107 Xx er p— Ards
108 | SELLER , SELLER
109 BUS | Lt at_ 10532 oretocid anv apm at o’clockGg am/ o pm
140 Date! Date ;
7
: i sided by TAR to ils mambary for thelr use in real estate tranzacilons and is to be usedas is. By downloading and/or using thls, form,
panies ied covehent nad te er. amend, or edit ‘dfn on tiy contents except as whore provided in the blankflelds, end agrea and acknowludge that
any such alteration, amendment ar edit ofsald form is dono at your own risk, Use ofthe TAR logo In conyunetto, with any form other thant standardized
farms created by TAR ts strictly prohibited, Thls form is subject (6 porlodic reviston and it is the responsibility of the mamber to ust the moat recent
avallablefori.
bt 2011 OT Assoclation of Realtors® .
Fuh ce, Bog Moadifted an 01/2011
Fid — Divclaimer Natice, Page 3 of 3
gnerated uslag the Iuotanot Forma Deourenk Management forvica. www. inotanatforme.com.
his deacument wad g
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CONFIRMATION OF AGENCY STATUS
Every real estate licensee is required to disclose his or her agency status ina real estate transaction to any buyer or
seller who fs not represented by an agent and with whom the licensee is working directly in the transaction. Tite
purpose of this Confirmation of Agency Status is to acknowledge that this disclosure occurred. Coples of this
confirmation must be provided to any signatory thereof. Notice is hereby given that the agency status of this licensee
(or Heensee’s company) is as follows in this transaction:
The real estate transaction involving the property located at:
PROPERTY ADDRESS
ONE of the Following Options MUST be completed by the Licensee:
OPTIONI (for Listing Licensee) OPTION I! (for Selling Licensee)
Charlottes Mabry
LICENSEE NAME LICENSEE NAME,
in this consumer’s current or prospective transaction, is in this consumer’s current or prospective transaction,
serving as: is serving as:
o Transaction Broker or Faciiltatar. a Transaction Broker or Facilitator.
(not an agent for either party). (not an agent for either party),
co Agentforthe Seller, – ca Agent for the Seller.
co Agent for the Buyer,
Q Disclosed Dual Agent (for both parties), O Disclosed Dual Agent (for both parties),
with the consent of both the Buyer and the Seller with the consent of both the Buyer and the Seller
in this transaction. in this transaction,
Designated Agent for the Seller. oO Designated Agent for the Seller.
o Designated Agent for the Buyer,
This form was delivered in writing, as prescribed by law, to any unrepresented buyer prior to the preparation of any offer
to purchase, OR to any unrepresented seller prior to presentation of an offer (o purchase; OR (if the licensee is listing a
property without an agency agreement) prior to execution of that listing agreement. This document also serves as
confirmation that the licensee’s Agency or Transaction Broker status was communicated orally before any real estate services
were provided and also serves as a statemont acknowledging that the buyer or seller, as applicable, was informed that any
complaints alleging a violation or violations of Tenn. Code Ann, § 62-13-312 must be filed within the applicable statute of
limitations for stich violation set out in Tenn. Code Ann. § 62-13-313(e) with the Tennessee Real Estate Commission, 710
James Robertson Parkway, 3″ Floor, Nashville, TN 37232, PH: (615) 741-2273. This aotlce by itself, however, does not
constitute an agency agreement or establish any agency relationship.
Acknowledgement of confirmation of Agency relationship disclosure by Realtor® acting as Agent/Broker OR other status of
Buyer/Tenant pursuant to the National Association of Realtors® Code of Ethics and Standards of Practice.
slialu
le¥ Signature : _Dihte Buyer Signature Date
Seller Signature Date Buyer Signature Date
Chlvtes uh af tale
Listing Licensee () Dats Selling Licenses Date
Charlotte Mabry
Kellez Williams Realty
Selling Company
Listing Company
NOTE: This farm is provided by TAR ta its members
for their use in real estate transactions and Is to be used
as ts. By downloading andlor using this farm,
Pou agree and covenant nor to alter, amend, or edit sald form or Its contents execpt ax where rovideddi the blank fields, and agree and acknowl: that
any such alteration, amendinent or edit of,ged form iz done at your own rish, Use af the TAR logo inconjunction with any form other than standardized
forms cveated by TAR Is strletly prohibited. This form is subject to perlodic revision and It 19 the responsibility of the member to use the most recent
available form.
Copyright 2010 © Tennessee Association of Realtors®
F1 — Confirmation of Agency Statug, Page 3 of 3 Madifled on 1/01/2010
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