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Brown Road South
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1025 Brown Road South - 10-117-23-24-0001
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99-2495, SUBD FINAL
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4/16/2026 2:52:25 PM
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Section 8.7 Subordination of Lien to First Mortgages. The lien of Assessments provided <br />for herein shall be subordinate to the lien of any first Mortgages, and the sale or transfer <br />of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot <br />pursuant to the foreclosure of a First Mortgage, or pursuant to any other proceeding, or <br />arrangement .in lieu of such foreclosure, shall extinguish the lien of such Assessments as <br />to installments which became due prior to the ' effective date. of such sale, transfer or' <br />acquisition by the Mortgagee to the end that no Assessment liability shall accrue to an <br />acquiring Mortgagee except with respect to installments of Assessments becoming due <br />after possession has passed to such acquiring Mortgagee, whether such possession has <br />passed at the termination of any period of redemption or otherwise. In the event of the <br />extinguishment of such Assessment lien as aforesaid, the entire amount of such unpaid <br />Assessment shall be reallocated and assessed' against, and payable by the Owners of all <br />other Lots exclusive of such mortgaged Lot. No such sale, transfer or acquisition of <br />possession shall relieve an Owner or a Lot from liability for any Assessments thereafter <br />becoming due or from the lien thereof, or shall relieve the person personally obligated to <br />pay the Assessments which were levied prior to the transfer of such property from the <br />personal obligation to pay the same. <br />Notwithstanding any provision herein, no land or improvements devoted to Dwelling use <br />shall be exempt from said assessments, charges or liens. <br />ARTICLE IX <br />LOT USES AND RESTRICTIONS <br />Section 9.1 Use. No Lot shall be used except for residential purposes; no Dwelling shall <br />be erected, altered, placed or permitted to remain on any Lot other than one single <br />family Dwelling, not to exceed two (2) stories in height, plus basement and an attached <br />garage for at least three (3) cars and on -site parking spaces to accommodate at least two <br />(2) cars. No garages shall be erected on any site except attached garages and no <br />attached garage for more than four (4) cars shall be permitted without the express <br />written approval of the Declarant. Any and all initial construction, or alteration to the <br />exterior of any structure within Carriage Hill shall first be approved by the Declarant <br />prior to any construction or alteration. No Dwelling or other structure shall be erected, <br />or the exterior altered until the construction plans, building plans, colors, exterior <br />materials, roofing, and landscaping plans are submitted and approved in writing by the <br />Declarant.' After the last Dwelling has been constructed on the property subject to this <br />Declaration, the rights and responsibilities of the Declarant under this paragraph shall <br />automatically pass to the Association. <br />Section 9.2 Subdivision. No Lot shall be subdivided or split by any means whatsoever <br />into any greater number of residential Lots, nor into any residential lots of smaller size <br />without the express written consent of the Association and appropriate government units <br />except that if the Owner of a full Lot desires to construct a Dwelling using an area larger <br />0 <br />
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