The Village At Bearden Neighborhood

Section 2 – Miscellaneous Restrictions

1. Mailboxes, outside lighting and other post structures shall be of a design consistent with the overall character and appearance of the house or as selected by the Developer or as approved by the Committee. All mailboxes shall comply with the requirements of the United States Postal Service.

2. No outside radio transmission towers, receiving antennas, television antenna, satellite antennas or dishes (except satellite dishes not greater than 24 inches in diameter and affixed to the rear of the dwelling) or solar panels may be installed or used, except as approved by the Committee.

3. Except as provided herein, no one shall be permitted to store or park house trailers, campers, pleasure or fishing boats, trailers, trucks over one ton, or other similar type vehicles on or about the living unit or on the lawn unless the same are stored or parked inside a garage or behind a privacy fence as not to be readily visible from the street or adjoining Lots. No automobiles or other vehicles which are inoperable or being stored shall be repeatedly parked, kept, repaired, or maintained on the street driveway or lawn of any Lot. However, the Developer may, upon proper application by an Owner, grant a variance, either temporary or permanent, to this restriction.

4. Clotheslines and other devices or structures designed and customarily used for the drying and airing of clothes, blankets, bed linen, towels, rugs, or any other type of household ware shall not be permitted. Articles or items of any description or kind shall be strictly prohibited from being displayed or placed in the yard or exterior of any living unit for the purpose of drying, airing, or curing of said items.

5. All landscaping shall be of the usual and customary design and materials that are, in the Developer’s or Committee’s opinion, suitable for the architectural character of the house to be built on the Lot. No wall, hedge or shrub planting which obstructs sight lines at two and six feet above the roadways shall be placed or permitted to remain on any corner lot with the triangular area formed by the street property line connecting at twenty-five (25) feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet of the intersection of the street property line with the edge of a driveway. No trees shall be permitted to remain within such sight distances of the intersection unless the foliage line is maintained at a sufficient height to prevent obstruction of sight lines.

6. The Owner of each building lot, whether such lot be improved or unimproved, shall keep such lot free of tall grass, undergrowth, dead trees, dangerous dead tree limbs, weeds, trash, rubbish, and shall keep such lot at all times in a neat and attractive condition. In the event the Owner of any building lot fails to comply, the Developer and/or the Association shall have the right, but no obligation, to enter upon such building lot and cut and remove tall grass, undergrowth and weeds, and remove rubbish and unsightly or undesirable things and objects therefrom, and to do any other things and perform and furnish any labor necessary and desirable in its sole judgment to maintain the property in a neat and attractive condition, all at the expense of the Owner of such building lot, which expense shall be payable by such Owner to the Developer and/or the Association on demand, and which further shall constitute a lien upon the lot if not paid.

Section 3 – Modification
In keeping with the purpose of this Declaration, the Developer and Association recognizes that the restrictions set forth in this Article are not inclusive or totally comprehensive for a quality and aesthetically pleasing neighborhood development. Accordingly, notwithstanding anything to the contrary in this article as to the design of living units, the Committee may, in its sole and absolute discretion, make exceptions to the design criteria set forth herein and approve other types of architecture and design requirements, provided that such exceptions in each instance shall be consistent with the intent and purpose of this Declaration and approved by the Developer.

ARTICLE XII NUISANCES
No noxious or offensive trade or activity shall be carried on upon any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

ARTICLE XIII TEMPORARY STRUCTURES
No trailer, basement, tent, shack, garage, barn, or other outbuildings erected on any of the properties, at any time shall be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. This provision shall include, but shall not be limited to boats, motor homes, and pick-up trucks.

ARTICLE XIV EASEMENTS
Easements and other restrictions in conformity with the recorded plat of The Village at Bearden are expressly reserved for the overall development of The Properties, and, except as otherwise provided herein, no easements, rights of way or rights of access shall be deemed granted or given to any person or entity over, across, upon or through any Lot in The Properties unless prior written permission is granted by the Developer. Easements to each individual Lot for the installation and maintenance of utilities and drainage facilities are reserved on each Lot as shown on the recorded plat.

ARTICLE XV
COMMISSION OF WASTE AND UNSIGHTLINESS
At no time shall any Lot or parcel be stripped of its topsoil or trees or allowed to go to waste or waste away by being neglected, excavated, or having refuse or trash thrown, dropped or dumped upon it. No lumber, brick, stone, cinder block, concreted block, or other materials used for building purposes shall be stored upon any Lot for more than a reasonable time required for the completion of construction of the structure or structures in which they are to be used. Before or after construction, no person shall place or leave on any Lot in The Properties, reuse, stumps, rock, concrete blocks, dirt, debris, or building material or any other undesirable materials. Any person doing so shall within five (5) days after notice is mailed by the Developer or Association, correct said condition and if the condition is not corrected within said time period, the Developer or Association shall have the right to injunctive relief against the Owner of the affected Lot and the contractor or Agent of the Owner and the right to correct said condition at the Owner’s expense. The cost of correcting any such condition shall be a lien upon the affected Lot. The restrictions contained within this Article shall not apply to the Developer or to any contractor retained by the Development.

ARTICLE XVI SIGNS
No sign of any kind shall be displayed to the public view on any Lot except for one sign of not more than five (5) square feet advertising the Lot for sale or rent. Also, a sign not more than five (5) square feet advertising an Owner’s yard sale shall be permitted, only posted for a period of not more than 3 days at any one time. No Sign of any kind shall be displayed to the public view on the common area entrance, except for one sign of not more than five (5) square feet advertising the Lot for sale or rent, and common area sign must be at a distance of greater than 30 Linear Feet in any direction from the closest point on the entrance monument sign to proposed sign location.

ARTICLE XVII LIVESTOCK AND POULTRY
No animals, livestock, poultry, or foul of any kind shall be raised, bred, or kept on any Lot except for pets such as dogs and cats which are permitted provided they are not kept, bred, or maintained for any commercial purpose and do not create a nuisance. The Developer shall have the exclusive authority to further regulate the maintenance and care of pets and animals it deems advisable and as determined by the City of Knoxville and Knox County Animal Control.

ARTICLE XVIII GARBAGE AND REFUSE DISPOSAL
No Lot shall be used or maintained as a dumping ground for trash or rubbish. Trash, garbage and other waste shall not be kept except on a temporary basis and in concealed sanitary covered containers. All incinerators or other equipment for the storage of such materials shall be kept in a clean and sanitary condition screened from all streets and in locations pursuant to the rules and regulations approved by the Developer and Association.

ARTICLE XIX FENCES AND WALLS
No fences, walls, or hedge rows shall be erected, placed or altered on any Lot or parcel which extends beyond the rear corner of the dwelling located thereon, unless specific approval is granted by the Developer or the Committee. Fences shall be constructed of wood or vinyl with a minimum height of four (4) feet and a maximum height of eight (8) feet. For reference, see the Appendix attached hereto indicating the area of each Lot wherein the placement of said fences, walls, or hedge rows may be permissible.
ARTICLE XX
WAIVER AND MODIFICATION
Developer hereby reserves the right in its sole and absolute direction, for any reason and at any time to annul, waive, change, supplement, amend, and/or modify any of the restrictions, conditions, provisions or covenants contained herein as to any part of The Properties subject to the Declaration.
The Developer shall have the right at any time and for any reason to change the size or location or eliminate and relocate any of the Lots, parcels, streets, or roads whether or not shown on any of the recorded plat of The Village at Bearden. The Developer further reserves the right in its sole and absolute discretion, for any reason and at any time, to impose additional and separate restrictions on any Lot in this subdivision until such Lots have been sold by the Developer. Said restrictions need not be uniform, but may differ as to each Lot.

ARTICLE XXI ASSIGNMENT OR TRANSFER
Any and all rights, powers, duties, and/or obligations, titles, easements and estates reserved or given the Developer in this Declaration may be assigned or transferred by the Developer to any one or more individuals, partnerships, corporations or assigns which will agree to assume and to carry out and perform said rights, powers, duties, and obligations. Any such assignment or transfer shall be made in
writing by appropriate instrument in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, duties and/or obligations, and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and/or imposed upon the Developer. The Developer shall thereupon be released therefrom and shall have no further responsibilities to anyone in connection said rights, powers, duties and/or obli