9.1 Amendment and Duration of Declaration. The covenants, conditions and restrictions of this Declaration shall run with the land, shall inure to the benefit of and be enforceable by the Declarant, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless terminated by the consent of all the Owners of 90% of the Lots at such time. The covenants, conditions and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than all the Owners of ninety (90%) percent of the Lots and thereafter by an instrument signed by not less than all of the Owners of seventy-five (75%) percent of the Lots. Any such amendment must be properly recorded in the Register's Office of Shelby County, Tennessee in order to be effective.
Notwithstanding anything herein contained to the contrary, Declarant reserves the right for a period of five (5) years from the date hereof or until seventy-five percent (75%) of the Lots are sold, whichever shall later occur, to amend this Declaration in whole or in part, unilaterally and without the consent of any other Owner, to conform this Declaration to the requirements of any governmental agency, Federal, state or local, and to meet the requirements of any lender or guarantor, including but not limited to the FHA, VA, FNMA or FHLMC.
9.2 Effect of Provisions of Declaration. Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest, in the Property or any part thereof shall:
(a) be deemed incorporated in each deed or other instrument by which any right, title or interest in the Property or in any Lot is granted, devised or conveyed, whether or not set forth or referred to in such deed or instrument;
(b) by virtue of acceptance of any right, title or interest in the Property or in any Lot by an Owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner, and, as a personal covenant, shall be binding on such Owner and such Owner's heirs, personal representatives, successors and assigns and shall be deemed a personal covenant to, with and for the benefit of the Declarant its successor and assigns but not to, with or for the benefit or any other non-aggrieved Owner;
(c) be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, and each case, as a burden with and upon the land and title to the property and each Lot and, as a real covenant and also as an equitable servitude, shall be deemed a covenant and servitude for the benefit of the Property and each Lot.
9.3 Compliance with Provisions of this Declaration. Each Owner shall comply strictly with, and shall cause each of its Guests or Tenants to comply strictly with, all of the provisions of this Declaration, as the same may be amended from time to time. Failure to comply with any of the same shall be grounds for an action or actions at law or in equity to recover sums due and for damages or injunctive (including mandatory injunctive) relief or both, along with costs of suit and reasonable attorneys' fees for which each Owner hereby agrees to be liable.
9.4 Violations and Nuisance. Every act or omission whereby a covenant, condition or restriction of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by Declarant, its successor and assigns, the Architectural Committee, or an owner or Owners and their respective, duly authorized agents.
9.5 Violation of Law. Any violation of any federal, state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Project is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures herein set forth.
9.6 Enforcement. The Declarant, its successors and assigns, the Association or any Owner, shall have the right to enforce those covenants, conditions and restrictions by any proceeding at law or in equity, against any Person violating or attempting to violate any covenant or restriction, to restrain violations, to require specific performance and/or to recover damages against a Lot to enforce any lien created by these covenants and failure by the Declarant its successors and assigns, the Association, or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter unless otherwise provided herein. However, any other provision in this Declaration notwithstanding, only Declarant, its successors and assigns, the Association, or their respective, duly authorized agents, may enforce by self-help, any covenant, condition, or restriction herein set forth. The expense of enforcement shall be chargeable to the Owner of the Lot violating these covenants and restrictions and secured by a lien on the Lot hereby granted, conveyed and reserved.
9.7 Remedies Cumulative. Each remedy provided by this Declaration is cumulative and not exclusive.
9.8 Non-waiver. Except as otherwise stated explicitly to the contrary herein, the failure to enforce, or to timely enforce the provisions of any covenant, condition or restriction contained in this Declaration shall not constitute a waiver of any right to enforce any such provisions or any other provisions of this Declaration.
9.9 Numbers and Genders. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
9.10 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Declarant, each Owner, and the grantees, successors, heirs, executors, administrators, devisees and assigns of each of them.
9.11 Severability. Invalidity or unenforceability of any provision of this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration.
9.12 Rule Against Perpetuities. If any of the options, privileges, covenants or rights created by this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provision shall continue only until twenty-one (21) years after the death of any survivor of the now living descendants of the President of the United States, whoever that person shall be on the date this document is executed, and/or the Governor of Tennessee, whoever that person shall be on the date this document is executed.
9.13 Applications, Approvals, etc. Whenever there shall appear herein a time limit within which the Architectural Committee shall be permitted to act, it is understood that such committee shall, however, use its best efforts to render an expeditious approval or notification to an Owner or other applicant. Nothing herein shall, however, be construed as a waiver of any right of Declarant or the Architectural Committee should such committee fail to use its best efforts.
9.14 No Reversion of Title. Violation of the covenants and restrictions herein contained shall not cause forfeiture or reversion of title.
9.15 Effect of Headings. Except as to definitions contained in Article I hereof, the article, section, paragraph and subparagraph headings herein are for convenience only and shall not affect the interpretation or construction hereof.
9.16 Attorney Fees. In the event that an attorney at law is engaged to enforce the provisions of this Declaration, the Lot Owner against whom enforcement is sought shall pay all costs of collection and litigation of the party successfully seeking enforcement, together with reasonable attorney fees, and the same shall be a lien on the Lot of such Owner, such lien being granted, conveyed and reserved hereby in favor of such party.
9.17 Additional Assignment Areas. Declarant may, at any time prior to the sale of ninety percent (90%) of the Lots establish association or assessment areas within the Property for the purpose of providing for special maintenance, ongoing repair and maintenance of private roads or for any other purpose or purposes not inconsistent with this Declaration.