DISCLAIMER: The following is provided for informational purposes only and is not to be considered a legal copy.
DECLARATION OF COVENANTS AND RESTRICTIONS
FOX RUN, UNIT SIX
WHEREAS, the undersigned, FOX RUN, Inc., is the owner of a tract of land situated in Knox County, Tennessee, which has been designated as Fox Run, Unit Six, a subdivision to Knox County, Tennessee, a map of which is recorded in the Register’s Office for Knox County, Tennessee, in Map Cabinet O, Slide 38A, to which map and Exhibit A reference is hereby made for a more specific description; and
WHEREAS, the undersigned 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 Deed Book 2161, Page 118, declared and established certain restrictive covenants for the then owners and all subsequent owners of any lot or lots in Unit Five of Fox Run Subdivision; and
WHEREAS, the undersigned, as owner of additional lands lying adjacent to the aforesaid Fox Run, Unit Five, has developed additions to said Fox Run Subdivision designated as Unit Six thereof, as shown on the above referenced maps of record in the Register’s Office for Knox County, Tennessee, and described in Exhibit A hereto, desires to declare and make applicable the same covenants and restrictions to Fox Run, Unit Six, as have been declared and established for the original Fox Run, Unit Five, 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, Fox Run, Inc. does hereby agree and covenant with all subsequent owners of lots in Unit Six, Fox Run Subdivision, as follows:
1. That the Declaration of Covenants and Restrictions established for the original Fox Run, Unit Five, Subdivision, as contained in that certain instrument dated December 2, 1994, and recorded in the Register’s Office for Knox County, Tennessee, in Deed Book 2161, page 118, be and the same is hereby made applicable to said Unit Six of Fox Run Subdivision, and Fox Run, Inc. does hereby agree and covenant that all and singular of the terms, provisions and covenants contained in said instrument shall be covenants running with the land and shall be binding of all subsequent owners thereof and shall inure to the benefit of all owners of any of the lots in said Unit Six of Fox Run Subdivision, as the same appear on maps of record referred to above and as described in Exhibit A hereto.
2. Under Article XXIII of the Declaration of Covenants and Restrictions hereby made applicable to Fox Run Subdivision, Unit Six, the Developer has the right to amend the Declaration of Covenants and Restrictions. Pursuant to such right and authority the Developer does hereby amend and modify Article III, Section 1, entitled "Membership," of said Declaration of Covenants and Restrictions for Fox Run Subdivision, Unit Six, by deleting Section 1 thereof in its entirety and substituting in lieu thereof the following:
"Section 1. MEMBERSHIP
Every person or entity who is the record Owner of a fee or undivided fee interest in any Lot within the Properties shall be a Member of the Association with the exception of the following Owners who shall not be Members of the Association: (i) any Owner holding a general contractor’s license who has purchased a Lot in Unit Six of Fox Run Subdivision for the purpose of constructing a residence on the Lot for resale, and (ii) any mortgagee or secured creditor who becomes an Owner of as a result of any foreclosure or proceeding in lieu of foreclosure. Membership shall commence on the day such person or entity becomes the record Owner of a fee or undivided fee interest in a Lot and expires upon the transfer or release of said ownership interest. The Association has adopted By-Laws to govern its affairs and Member activities."
3. 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, in the Register’s Office for Knox County, Tennessee, shall remain in full force and effect and are hereby declared to be the Declaration of Covenants and Restrictions for Fox Run, Unit Six.
IN WITNESS WHEREOF, Fox Run, Inc. has caused this instrument to be executed and its name to be signed by its President pursuant to the authority of its Board of Directors, this 2nd day of October, 1995.
FOX RUN, INC.
By: John Fiser, President
Notarized by:Brenda Benton
Exhibit A not included (legal description only)