DISCLAIMER:  The following is provided for informational purposes only and is not to be considered a legal copy.

FOX RUN, UNIT TEN

WHEREAS, the undersigned, WALLACE McCLURE, JR. TRUSTEE, hereinafter referred to as Developer, is the owner of a tract of land situated in the Town of Farragut, Knox County, Tennessee, which has been designated as Fox Run, Unit Ten, a subdivision, located in the Town of Farragut, a map of which is recorded in the Register’s Office for Knox County, Tennessee, as Instrument Number _________________________, and a legal description of the land being attached hereto as Exhibit “A”, to which map and Exhibit “A” reference is hereby made for a more specific description; and

WHEREAS, Fox Run, Inc. has heretofore, by instrument dated December 2, 1994 entitled “Declaration of Covenants and Restrictions, Fox Run, Unit Five”, and recorded in the Register’s Office for Knox County, Tennessee, in Warranty Book 2161, page 118 as amended and extended to additional lands by instrument dated December 2, 1994 entitled “Declaration of Covenants and Restrictions, Fox Run, Unit Six”, and recorded in the Register’s Office for Knox County, Tennessee, in Warranty Book 2190, page 904, declared and established certain restrictive covenants for the then owners and all subsequent owners of any lot or lots in Unit Five and Unit Six of Fox Run Subdivision; and

WHEREAS, the undersigned, Wallace McClure, Jr., Trustee, as owner and developer of additional lands adjacent to existing units of Fox Run Subdivision said additional lands being,  designated as Unit Ten thereof, as shown on the above referenced map of record in the Register’s Office for Knox County, Tennessee, and further described in Exhibit “A” attached hereto desires to declare and make applicable in accordance with and as provided for in Article II of the Declarations of Covenants and Restrictions Fox Run, Unit 5 the same covenants and restrictions to Fox Run, Unit Ten, as have been declared and established for Fox Run, Units Five and Six, except as amended and modified herein.

NOW, THEREFORE, for and in consideration of the premises and the mutual benefit to be derived by all parties concerned, Wallace McClure, Jr., Trustee, does hereby agree and covenant with all subsequent owners of lots in Fox Run Subdivision, Unit Ten, as follows:

1.     That the Declaration of Covenants and Restrictions for Fox Run Subdivision, Unit Five, contained in that certain instrument dated December 2, 1994 and recorded in the Register’s Office for Knox County, Tennessee in Warranty Deed Book 2161, page 118 as amended and extended to Fox Run Subdivision, Unit Six by instrument dated December 2, 1994 and recorded in Warranty Deed Book 2190, page 904 in the Register’s Office for Knox County, Tennessee be and the same is hereby made applicable to said Unit Ten of Fox Run Subdivision, and Wallace McClure, Jr., Trustee, does hereby agree and covenant that all and singular of the terms, provisions and covenants contained in said instrument, except as amended and modified herein, shall be covenants remaining with the land and shall be binding on all subsequent owners thereof and shall inure to the benefit of all owners of any of the lots in Unit Ten of Fox Run Subdivision, as the same appears on maps of record referred to above and as described in Exhibit “A” attached hereto.

2.     All references to “Owner” and “Developer” in the Declaration of Covenants and Restrictions shall refer to Wallace McClure, Jr., Trustee.

3.     It is the intention of Fox Run, Inc., and Wallace McClure, Jr., Trustee, Owner and Developer, that the owners of all 20 lots in Fox Run, Unit Ten, be accepted into the membership of Fox Run Homeowners Association, Inc. and that said owners shall have all of the rights and obligations of the other members of said association.

4.     Except as amended and modified herein the Declaration of Covenants and Restrictions for Fox Run, Unit Five, recorded in Warranty Deed Book 2161, page 118 as modified and extended to Fox Run, Unit Six, recorded in Warranty Deed Book 2190, page 904, in the Register’s Office for Knox County, Tennessee, is hereby incorporated by reference as if copied herein verbatim and shall remain in full force and effect and is hereby declared to be the Declaration of Covenants and Restrictions for Fox Run, Unit Ten.

5.     Fox Run, Inc. and Fox Run Homeowners’ Association are in agreement with Wallace McClure, Jr., Trustee’s desire to declare and make applicable in accordance with and as provided for in Article II of the Declaration of Covenants and Restrictions Fox Run, Unit 5 the same Covenants and Restrictions to Fox Run, Unit 10, as have been declared for Fox Run Unit 5 and  Fox Run Unit 6, and that the owners of all residential lots, being Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 and the common area lot, being No. 20, be accepted into the membership of Fox Run Homeowner’s Association, and that said owners shall have all of the rights and obligations of the other members of said association.

6.     The Developer, Fox Run, Inc., and the Fox Run Homeowner’s Association acknowledge that Lot No. 20 of Fox Run, Unit 10, is dedicated as an open space lot and will ultimately be owned by the Fox Run Homeowner’s Association; that the Developer, Fox Run, Inc., or said association shall be responsible for the control and maintenance of said Lot No. 20, including, but not limited to that portion which is designated as the retention basin to serve Unit 10; and that Fox Run, Inc., its officers, directors, owners or members will cause said association to adopt dues and/or assessments at the least sufficient for it to carry out these obligations.