COVENANTS

Article II - The Cordova Club

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Cordova Club Owner's Association

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ARTICLE II

 

Property Subject to Restrictions

2.1       The Project. All of the Lots in the Single Family Residential Area shall be subject to this Declaration and shall constitute the Project. Declarant hereby declares that all of the Property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to all of the covenants, conditions and restrictions contained in this Declaration, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of the Property and are established and agreed upon for the purpose of contributing to the enhancement of the value, desirability and attractiveness of the Property and every part thereof. This Declaration shall run with the Property and shall be binding upon and inure to the benefit of the Declarant, each Owner of a Lot in the Project and each successor in interest of such Owner. Each and all of the covenants, conditions, restrictions, limitations, easements, uses and obligations contained herein shall be deemed to be and shall be construed as equitable servitudes enforceable by Declarant, and the Owner of any Lot against other Owners, tenants, or occupants of the Property, or any portion thereof.

The Project does not include the Golf Course, club house, tennis courts, pool or other recreational facilities. The name "The Cordova Club" is simply the identifying name given to the Project and no intent, agreement, promise or representation to construct, maintain, or continue in existence the Golf Course, club house, tennis courts, pool or other recreational facilities shall be implied by the use of such name or by any other action or failure to act of the Declarant.

2.2       Separate Taxation. Each Lot shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing body and special district for all types of taxes authorized by law, including ad valorem levies and special assessments. No forfeiture or sale of any Lot for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to any other Lot or to the Common Area.

2.3       Title. A Lot may be held and owned by more than one Person as joint tenants, tenants in common, tenants by the entirety, or in any real property tenancy relationship recognized under the laws of the State of Tennessee.

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2.4       Liens Against Lots - Removal From Lien - Effect of Part Payment.

            (a)        No labor performed or materials furnished, with or without the consent, or at the request of an Owner of a particular Lot, or his agent, shall be the basis for the claim or perfection of a lien of any kind, statutory, equitable, legal or contractual against a Lot, Common Areas or improvements of another Owner not expressly consenting to or requesting the same. No lien shall lie or be enjoyed by any Person for labor performed or materials furnished for the Common Areas and the non-payment for same shall not be the basis for the establishment of a lien pursuant to law, or equity or contract against any of the Lots or Common Areas. Any Person undertaking to perform labor for or furnish materials to the Common Areas shall be bound by this prohibition against liens.

            (b)        Each Owner shall indemnify and hold each of the other Owners harmless from and against liability or loss arising from the claim of any lien against the Lot of that Owner, or any part thereof for labor performed on or for materials furnished to such Owner's Lot.

            (c)        The provisions of Section 2.4(a) and (b) shall not, however, in any manner affect rights established elsewhere in this instrument with respect to liens in favor of the Association or the Declarant.

 

 

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