<br />200611167
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<br />Association may, but need not, publicly record such notices of undischarged liens arising
<br />hereunder as it deems appropriate and may, but need not, bring a separate independent
<br />action in any court to enforce payment of, or to foreclose, the lien created hereunder.
<br />Provided further, that any person purchasing or dealing with said lot may rely upon a
<br />certificate signed by the Managing Member or Secretary of the Association showing the
<br />amount of such certificate, and the Association shall not be entitled to enforce any lien for
<br />such charge accruing prior to the date of any such certi ficate unless the amount thereof is
<br />shown in the said certificate. The within above-described lien is subordinate to any first
<br />mortgage lien. The Association may also enforce the restrictions concerning
<br />accumulations of rubbish, weeds, or trash, and may own any land for use by all or less
<br />than all of the lot owners as a "common area". Any past-due annual dues, assessments, or
<br />other charges assessable hereunder shall bear interest at the rate of eight percent (8%) per
<br />annum commencing thirty (30) days after same become due and with attorneys' fees, and
<br />shall be due and payable without relief from valuation and appraisement laws. The
<br />Association may be formed for, and engage in, such other activities as may be beneficial
<br />to the lot owners, to the public at large, or which may qualify the Association as a "not-
<br />for-profit LLC or association", as defined in the Internal Revenue Code. Until such time
<br />as the Association is created by the Declarant, the Declarant, acting on behalf of the
<br />Association to be formed, shall be entitled to carry out the responsibilities assigned to,
<br />and enjoy and exercise the rights and powers granted to, the Association pursuant to these
<br />restrictions; provided, however, that the total of such dues and assessments levied by the
<br />Declarant in such capacity against each lot shall not exceed Two Hundred Dollars
<br />($200.00) per lot per year so long as the Association has not been created and the
<br />Declarant is acting in such capacity on behalf of the Association to be formed.
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<br />26. UTILITIES AND TELEVISION ANTENNAS. All public utility services, either in
<br />the streets or on any lots including, but not limited to, electric, gas, telephone service, and
<br />cable television shall be located underground, and shall not be visible. No outside above-
<br />ground television, A.M., F.M., or short wave radio antennas of any type, shall be erected
<br />or maintained on any lots or structures in this subdivision. Each lot owner may, however,
<br />have on his Lot no more than two (2) satellite dishes for electronic signal reception. No
<br />satellite dish may be placed in either the front or side yards of a lot. The placement and
<br />size of the satellite dishes must be approved by the Architectural Control Committee
<br />before placement on any lot. The Architectural Control Committee may also require
<br />protective screening. All street or lot lighting shall be situated on posts with no lines
<br />visible. To assure the enforcement ofthis restriction, the Declarant, for itself, its
<br />successors, and assigns, does hereby agree:
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<br />To prohibit the erection and use of overhead wires, poles, and other facilities of
<br />any kind, including, but not limited to those associated with electrical, television,
<br />cable or telephone service, either electrically or by telephone from poles and
<br />overhead wires around the perimeter of the subdivision or development. Nothing
<br />herein should be construed to prohibit Declarant from installing street lighting at
<br />Declarant's choice of locations if serviced by underground wire or cable;
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