Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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BECOMING AN OWNER IN THE PROPERTIES, HEREBY EXPRESSLY WAIVES ANY OBJECTION TO THE ENFORCEMENT AND FORECLOSURE OF THE LIEN IN THIS MANNER. J. Subordination of the Lien to Mortgagees. The liens provided for herein shall be subordinate to the lien of any first mortgage or first deed of trust on a Lot. Sale or transfer of any Lot shall not affect the lien for delinquent assessments; however, the sale or transfer of any Lot pursuant to a foreclosure of a first mortgage or first deed of trust,or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessment as to the payment thereof which became due prior to the date of such conveyance. No such sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but the liens provided for herein shall continue to be subordinate to the lien of any first mortgage or deed of trust. Any such foreclosure of a Lot shall not extinguish the personal obligation of the Owner against whom such foreclosure proceeding was brought to pay any and all assessments due for such Lot. ARTICLE VIII RESTRICTIONS ON USE AND MAINTENANCE OF PROPERTY A. Use Restrictions for Lots 1 through 20 inclusive. Except as may be modified by a Supplemental Declaration with respect to another phase of the Subdivision, the following Restrictions and Covenants shall be applicable to the use of any Property subject to the Declaration,excluding Lot 21; • 1. Land Use and Building Type -Residential Purposes Only. Expect for the Common Areas, no Lot on the Properties shall be used for any purpose other than single- family residential purposes, unless otherwise shown on the recorded plats/maps of the Subdivision. Such restriction shall not prohibit the maintenance and occupancy of any model homes, temporary sales trailers or offices, or temporary construction trailers on the Lots, subject to the prior approval of the Declarant. Subject to the foregoing,no buildings shall be erected or allowed to remain on any Lot except one (1) detached, single-family dwelling not exceeding three (3) stories in height (exclusive of basement and attic), a private attached garage for not more than three (3)cars and/or a detached garage for not more than two(2)cars, and a storage shed or workshop approved by the Declarant (or by the Architectural Review Committee if Declarant shall no longer own any "Declarant's Property"). Except as specified above, no mobile homes, trailers, manufactured homes or modular homes shall be erected or allowed to remain on any Lot in the Subdivision. No carport shall be erected or allowed to remain on any Lot. 2. Resubdivision of Lots. No Lot shall be resubdivided except with the written consent of the Declarant (or of the Association if the Declarant shall not own any "Declarant's Property"). 3. Nuisances. No nuisance or noxious or offensive activity shall be carried on or upon the Properties or any part thereof or on any Lot, nor shall anything be done or maintained thereof which may disturb the neighborhood or occupants of adjoining property,or detract from its value as an attractive residential community. No portion of a Lot shall be used for business,manufacturing or commercial purposes,nor shall any merchandise be kept or allowed to remain on a Lot for commercial purposes. ' Each Owner shall maintain his or her buildings, improvements, landscaping and grounds in a safe,clean and orderly fashion. 4. Animals. No birds, animals, livestock or poultry of any kind shall be raised,bred or kept on any part of the Properties or any part thereof or on any Lot, excepts that dogs,cats or other household pets may be kept,bred or raised solely as domestic pets 14 •