1. Shiloh Falls Homeowners Association

Covenants 1-19 Covenants 20-38 Amendments to Covenants

COVENANTS, RESTRICTIONS AND LIMITATIONS OF
SHILOH FALLS SUBDIVISION

COVENANTS 1-19

   The following covenants, restrictions, easements and limitations shall apply to all single family residential phases of Shiloh Falls Subdivision, shall run with the land, and shall be contained in each and every deed conveying such property located in Shiloh Falls Subdivision.

   1. The purposes of the following covenants, restrictions, easements and limitations are to maintain Shiloh Falls Subdivision in a harmonious manner and to enhance the charm and beauty of Shiloh Falls Subdivision and its surroundings. Additionally, these covenants, restrictions, easements and limitations are established to promote peace, serenity, and tranquility among the owners of the lots in Shiloh Falls Subdivision so that they may live together in a state of harmony and accord and in order to maintain the subdivision in a high quality manner, enhance property values and enhance longlasting quality in accordance with sensible and orderly development plans. To this end, a team of professional developers, architects, engineers and landscape architects have joined together to plan Shiloh Falls Subdivision.
   2. A copy of these covenants, restrictions, easements and limitations shall be delivered to each owner prior to the purchase of any lot from the Developer and such owner shall sign a statement that the owner has read, understood and will abide by these covenants. Additionally, no owner shall convey property without causing such conveyance to be subject to these covenants, restrictions, easements and limitations.
   3. The Developer, The McCrory Company/Shackleford Development Corporation, a joint venture, will retain title to all of the above-described property which is not sold to owners of lots within the Subdivision. It is contemplated by the Developer that other amenities will be developed for said Subdivision which, in the course of time, will be conveyed to the Shiloh Falls Home Owner's Association.
   4. The declarations, easements, restrictions, limitations and covenants of this instrument are binding upon all owners, purchasers, assignees, heirs, representatives, assigns, mortgages, lessees, tenants, invitees, licensees, or otherwise, who or which may acquire or hold otherwise any interest in and to any part or parcel of said Shiloh Falls Subdivision, and whether the same may be an interest in and to any appurtenances, or hereditaments and with whatever kind, character or nature thereon or therein appertaining; and they shall be considered covenants running with the land and all of the aforesaid until such time as these covenants, restrictions and limitations may be properly changed, altered or modified as herein set forth. It is further declared that no person may relieve himself or be exempt from any of the covenants, restrictions and limitations for failure or non-use of any part or parcel of the property herein described or from refusal or failure to occupy any part of the same.
   5. Any lot in the Shiloh Falls Subdivision may be held and owned by one or more persons as joint tenants, tenants in common, tenants by the entirety or any other interest in real estate recognized under the laws of the State of Tennessee.
   6. Invalidation of any of these covenants by judgment or court order shall in no wise affect any other covenants and provisions hereof which shall remain in full force and effect at all times.
   7. All lots in the Shiloh Falls Subdivision shall be known and described as residential lots and shall not be resubdivided. No structure shall be erected, altered, placed or permitted to remain on any residential building lot other than one single family dwelling, except as noted below in Paragraph 8, not to exceed three stories in height and one private garage for not more than three cars. One storage room attached to said garage is permitted. All garages must have doors. No open carports will be allowed without prior written Architectural Committee approval. Only one driveway permitted. Gravel Driveways not permitted.
   8. Owners of lakefronts lots, Numbers 74, 75, 85, 99, 107, and 108, as those lots are shown on the recorded Plat, may, at the option of the owner of each said lot, construct two residential homes on each of the said lots. The provisions of Section 18 hereof must be complied with as to both houses. However, under no circumstances may said lot ever be subdivided, nor may ownership of any home be separated from the fee. Only those lot numbers as listed herein will be permitted to contain two houses. The plans for said houses must be approved by the Architectural Committee prior to construction. Said lots must be maintained through ownership as detailed in paragraph 5 herein and must be sold as one lot, even though two houses are built thereon. The restriction against subdividing said lots runs with the land and includes any type of separation of title to said lots by life estate, devise, conveyance or otherwise.
   9. No trailer, tent, shack, barn or other out building erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a "temporary character" be used as a residence. The definition of temporary character includes a mobile home. No recreational vehicles, boats, or trailers shall be stored on any lot in such manner that they would be visible from the street or lake. All plans for construction of out buildings must be approved in writing by the Architectural Committee. No metal buildings will be allowed.
   10. The easements shown on the single family residential plats of Shiloh Falls Subdivision are hereby adopted as a part of these restrictions and all lots in said Subdivision shall be subject to said easements. The Developer reserves unto itself, its successors and assigns, the right to grant unto others easements to install, maintain, repair and construct power, water sewers and telephone lines and facilities and drainage ditches in, upon, over and under the area or any of the areas designated on said plat as "utility easement" or "drainage or utilities easement" or "sewer line easement" or "drainage easement" areas with full rights of ingress and egress to and from said areas adjoining property. The roads in Shiloh Falls Subdivision are, and shall remain, private roads and have not been dedicated to any county authority or other governmental body. By remaining private, the responsibility for payment of maintenance and repair expenses for said roads shall remain the responsibility initially of the Developer, but shall be transferred to the Home Owner's Association when the Developer, in its sole discretion, deems advisable. Nothing herein shall prohibit the Developer or the Homeowner' Association from dedicating such roads to a governmental body if the Developer or the Home Owner's Association deems it advisable.
   11. All building set backs, including back and side yard set backs, shall be governed by the recorded plat of the Subdivision.
   12. A five foot utility easement is reserved along the rear and side of all lots in this Subdivision and a ten foot utility easement is reserved along all front lot lines.
   13. All lots shall be maintained and kept clean by the lot owner. No signs, billboards, or other postings may be erected for any purpose without the written permission of the Developer or its assigns. No ceramic lawn ornaments are permitted. The Developer, and its assigns, is hereby given express permission to enter upon any lot to maintain or clean it and to remove at the owner's expense any building, structure, or posters in violation of this instrument.
   14. All mailboxes within Shiloh Falls Subdivision shall be approved by the Architectural Committee.
   15. No outside clothes lines or other apparatus for the drying of clothes shall be permitted in Shiloh Falls Subdivision, unless it is obscured from view by mass planting of shrubbery in a manner approved by the Architectural Committee.
   16. Satellite dishes, television or radio antennas and flagpoles shall not be installed without the prior written approval of the Architectural Committee.
   17. No lot in single family residential phases of Shiloh Falls Subdivision shall be used for any commercial, trade, business, mining or manufacturing purpose. However, this shall not preclude the Developer from building a model home on one or more of said lots and temporarily using it, or some other home built thereon, for the purpose of promoting sales of homes in Shiloh Falls Development. Any home leased may be leased only for periods in excess of six months. Copies of all leases must be sent to the Developer in advance of execution for approval and must contain a clause that the lessee agrees to abide by all rules, regulations, covenants and restrictions of the Subdivision and Home Owner's Association.
   18. Lavatories and/or toilets shall be built indoors and connected to outside septic tanks. All sewage disposal must comply with the requirements of the Hardin County Health Department, or its successor. No sewage, waste, disposal or drainage from the septic tank shall be permitted to enter the water nor shall it be allowed to run across open land.
   19. No debris, including, but not limited to stumps, logs, or building material, shall be buried on any lot without prior written approval from the Architectural Committee.
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