THIS INSTRUMENT PREPARED BY:
Moore Stout Waddell & Ledford, P.C.
238 Broad Street, P.O. Box 1345
Kingsport, Tennessee 37662

DECLARATION OF PROTECTIVE Covenants
CONDITIONS AND RESTRICTIONS
FOR
COPPERFIELD
A PLANNED UNIT Development

THIS DECLARATION, made on the date hereinafter set forth by TIMOTHY P. WALKEY and HAROLD R. SLEMP, as Tenants in Partnership, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Sullivan County, Tennessee, said property more fully described on Exhibit "A" attached hereto and incorporated herein by reference, and
NOW THEREFORE, in consideration of the premises and pursuant to the provisions of the Horizontal Property Act, Tennessee Code Annotated §66-27-101, et. seq. [and the following] (herein the "Act"), the Declarant hereby declares that all of the properties described in Exhibit "A" shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
Definitions
Section 1. "Association" shall mean and refer to COPPERFIELD TOWNHOUSE CORPORATION, a non-profit corporation organized under the laws of the State of Tennessee, incorporated and organized pursuant to the Act for the purpose of owning, maintaining and administering the Association's properties and facilities and administering and enforcing the covenants and restrictions related thereto. The By-Laws of the Association are attached hereto as Exhibit "C" and are incorporated herein by reference.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Private Element which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinafter described on Exhibit "A" and such additions thereto as may hereafter be brought within the jurisdiction of the Association and made subject to this Declaration.
Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners of all Private Elements. The Common Area to be owned by the Association at the time of the conveyance of the first Private Element is described on Exhibit "B" hereto, and incorporated herein by reference as if fully set forth herein verbatim. The Common Area shall include all areas shown on the map or plat referred to in Exhibit "A" as "Limited Common Area", if any. Limited Common Areas, however, shall be reserved for the limited use of the Owners of the Private Elements or Private Element (Lot or Unit) adjacent thereto and/or rationally of limited use for less than all of said Lots or Units, and shall include, without limitation: Decks, walks, steps, stoops, open space, driveways and any installation of equipment or facilities rationally of limited use for less than all of the Lots or Units.
Section 5. "Private Element" shall mean and refer to any and all lots, or parts of lots, including, without limitation, those lots shown upon any recorded map of the Properties, or parts of any lots shown upon said map, upon which a Home or Unit and the improvements associated therewith may be located and fee simple ownership thereof may be conveyed.
Section 6. "Declarant" or "Developer" shall mean and refer to Timothy P. Walkey and Harold R. Slemp, as Tenants in Partnership, their successors and assigns, having a principal residence in Sullivan County, Tennessee.
Section 7. "Mortgage" shall mean and refer to any security instrument by means of which title to property is conveyed or encumbered to secure a debt including but without limiting the generality of the foregoing, Deeds of Trust and Deeds to Secure Debt.
Section 8. "Mortgagee" shall mean and refer to any one or more persons who hold a recorded or unrecorded Mortgage or Mortgages.
Section 9. - "Home" or "Unit" shall mean or refer to any building or portion of a building situated upon the Properties, and shall be conveyed with any Private Element whether or not so specifically stated.
Section 10. - "Member" shall mean and refer to all those Owners who are members of the Association, as provided in Article 111, Section 1, of this Declaration.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Private Element, subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the use of any recreational or associated facilities situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the recreational or associated facilities by an Owner for any period during which any assessment against his Private Element remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;
(c) The right 'of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Association. Such dedication or transfer shall be effective if approved by the Board of Directors of the Association as evidenced by an instrument signed by the President and Secretary of the Board agreeing to such dedication or transfer and recorded.
ARTICLE III
Membership AND VOTING RIGHTS
Section 1. Every Owner of a Private Element shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Private Element. Each Owner of a Private Element shall own a pro rata share of the total membership in the Association.
Section 2. The Association shall have two classes of voting members:
Class A. Class A voting members shall be all Owners with the exception of the Declarant and shall be entitled to one (I) vote for each Private Element owned by each Owner. When more than one (1) person holds an interest in any Private Element, all such persons shall be Members. The vote for such Private Element shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Private Element.
Class B. The Class B voting member(s) shall be the Declarant and shall be entitled to three (3) votes for each Private Element owned. The Class B voting membership shall cease and be converted to Class A voting membership 120 days after 75% of the Private Elements in the Properties have been conveyed to Private Element purchasers.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of title Lien and Personal Obligation of Assessments. The Declarant, for each Private Element owned within the Properties, hereby covenants, and each Owner of any Private Element by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the Private Element and shall be a continuing lien upon the Private Element against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Private Element at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties, and in particular for the acquisition, improvement and maintenance of properties, service and facilities devoted to this purpose upon the Properties or for the use and enjoyment of the Common Area, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, maintenance, materials, management and supervision, security guards and patrol, the payment of taxes assessed against the Common Area, the procurement and maintenance of insurance related to the Common Area, its facilities and use in accordance with the By-Laws, the employment of attorneys to represent the Association when necessary, and such other needs as may arise.
Section 3. Maximum Annual Assessment. An equal proportionate share of the estimated total annual expenses expected to be incurred by the Association for the ensuing year shall be charged to and borne by each Owner, and shall be paid at the rate of one-twelfth (1/12) of the total annual assessment per month in advance.
(a) A maximum annual assessment shall be established by the Board of Directors and may be increased by the Board of Directors in any year so long as notice of such proposed increase is sent to all Members prior to a decision being made to increase the maximum annual assessment. The maximum annual assessment may be increased without limit by a vote of two-thirds (2/3) of each voting class of Members who are voting in person or by proxy, at a meeting called for this purpose.
(b) The Board of Directors at any time may fix the annual assessment at an amount not in excess of the maximum annual assessment.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any calendar year, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each voting class of Members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4, shall be sent to all Members not less than fifteen (15) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty (60) per cent of all the votes of each voting class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Date of Commencement of Annual Assessments - Due Dates. The annual assessments provided for herein shall be collected on a monthly basis and shall commence as to all Private Elements owned by Owners other than the Developer on the first day of the month following the conveyance of the Private Element to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. At least thirty (30) days in advance of each annual assessment period, the Board of Directors shall fix the amount of the annual assessment against each Private Element and send written notice of each assessment to every Owner. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the assessments on a specified Private Element have been paid.
Section 7. Effect of Nonpayment of assessment - Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the maximum rate permitted by law. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the Private Element, and interest, costs, and reasonable attorneys' fees of such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Private Element.
Section 8. Association's Lien Subordinated to Mortgages. The lien provided for in Sections 1 and 7 shall be subordinate to the lien of any first mortgage at any time placed upon any Private Element. Such lien shall not be affected by any sale or transfer of a Private Element, except, that a sale or transfer pursuant to a decree of foreclosure or a non judicial foreclosure shall extinguish the lien for assessments which become payable prior to such sale or transfer. Any sale or transfer shall not relieve the purchaser or transferee of a Private Element from liability for, nor the Private Element so sold or transferred from the lien of, any assessment thereafter coming due.
Section 9. Unimproved Owner Exemption. The Owner of any unimproved Private Element shall not be specially assessed for any special improvement and such Owner shall not be required to pay the annual assessments for each vacant Private Element on which an improvement is being constructed. Upon completion of the improvements to any such Private Element, all assessments shall be payable by such Owner.
Section 10. Acceleration. Upon default in the payment of any one or more installments of any assessment levied pursuant to this Declaration, the entire balance of said assessment may be accelerated at the option of the Board of Directors and be declared due and payable in full.
Section 11. Reserves and Working Capital. The Association may establish and maintain an adequate reserve fund to effect the purposes of the assessments as set forth herein for repairs and replacement of the improvements. In addition to all of the assessments set forth herein, each Owner shall, at the time of the closing of the sale of each Private Element when title is furnished, be required to place into such working capital fund an amount equal to two (2) monthly installments of the annual assessment, Such amount shall be placed into a segregated account in the name of the Association and shall be utilized by the Association for those purposes, assuring that there will be adequate cash available for unforeseen expenditures or to provide additional equipment or services deemed necessary or desirable by the Board of Directors of the Association. The payment of said two (2) monthly installments shall not be considered an advance payment of the regular monthly assessments, but shall be known as the working fund capital contribution. This sum is nonrefundable.
Section 12. Private Assessment/Personal Obligation and Lien, The Association may contract with any Owner of any Private Element to furnish maintenance, repairs, supervision, etc., on the Private Element Owner's property, including the Home or Unit, and each Owner with whom the Association contracts specifically agrees that the amount agreed to be paid by the Owner to the Association for such services shall be the personal obligation of the Owner, shall be paid according to the terms of their contract, and any amount unpaid shall be a continuing lien upon the Private Element owned by the Owner, with the Association having the same rights to enforce such personal obligation arid lien as herein provided for the enforcement of assessments levied by the Association, but such lien shall be subordinated to the same extent as provided in Section 8 of this ARTICLE.
ARTICLE V
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of multi-unit Homes or Units on any Private Element and placed as the divisional line between the Private Elements upon which the Homes or Units are constructed shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omission shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
Section 4. Weather-proofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements.
Section 5. Right to Contribution Runs, with Land. The right of any Owner to contribution from any other Owner under this Article, shall be appurtenant to the land and shall pass to such Owner's successors in title.
Section 6. Arbitration. In the event of any dispute arising between Owners concerning a party wall, involving the interpretation or application, each party shall choose one (1) arbitrator, and such arbitrators shall choose one (1) additional arbitrator, and the decision made by a majority of all the arbitrators will be final and binding upon all parties.
ARTICLE VI
ENVIRONMENTAL QUALITY COMMITTEE
Section 1. Review by Committee. No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, including any Private Element, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structure and topography by the Board of Directors of the Association, or by any Environmental Quality Committee composed of three (3) or more representatives appointed by the Board. In the event the Board, or its designated Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with.
Section 2. Unauthorized Improvements. In the event any Owner shall erect any structure or improvement upon the Properties, including any Private Element, or shall cause any exterior addition to or change or alteration therein without submitting the plans and specifications to the Board of Directors, or its designated committee, as herein provided, then the Board may, at its discretion, cause the same to be removed at the expense of the Owner at any time within three (3) years from the date that said unauthorized improvement was made by such Owner.
ARTICLE VII
EXTERIOR MAINTENANCE
Section 1. Private Element Maintenance By Association. Unless otherwise provided in a supplemental declaration, in addition to maintenance upon the Common Area, the Association may, by private contract with any Owner of any Private Element, provide maintenance upon Private Element Owners' Property, except, nothing contained herein shall require the Association to provide any specific maintenance for any Private Element owned in fee simple by any Owner.
Section 2. Maintenance of Homes. Each Owner shall, at his sole cost and expense, keep and maintain the exterior and interior of his Home and any balcony or patio to which he has sole access in a good state of repair, preservation and cleanliness. No Owner shall change the color of any exterior portion of any Home without the prior written approval of the Environmental Quality Committee. The Association, at its option, may elect to assume certain maintenance responsibilities for all Homes and to establish rules and regulations to govern such maintenance by the Association or by each Owner. If the Owner fails to maintain the exterior of his Home in good order and condition, the Association shall provide such maintenance and shall assess the Owner, as provided in Section 3 hereof, unless such exterior maintenance is the responsibility of the Association under any private contact with the Owner.
Section 3. Assessment of Cost. The cost of the exterior maintenance provided in Sections 1 and 2 hereof, shall be assessed against the Private Element upon which such maintenance is done, and shall be added to and become part of the annual assessment or charge to which such Private Element is subject, under Article V hereof, and, as part of such annual assessment or charge, it shall be a lien and obligation of the Owner and shall become due and payable in all respects as provided in Article V hereof, provided that the Board of Directors of the Association, when establishing the annual assessment against each Private Element for any assessment year as required under Article V hereof, may add thereto the estimated cost of the exterior maintenance for that year, but shall thereafter make such adjustment with the Owner as is necessary to reflect the actual cost thereof.
Section 4. Access at Reasonable Hours. For the purpose of performing the exterior maintenance authorized by this Article, and for the purpose of making emergency repairs, the Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owner, to enter upon any Private Element, with the exception that entry for non-emergency shall be at reasonable and normal business hours.
Section 5. Examination of Books. The Association shall be required to make available to all Owners and Lenders, and to Holders, Insurers or Guarantors of any first mortgage, current copies of the Declaration, By-Laws, other rules concerning the Properties and the books, records and financial statements of the Association. "Available" as used herein shall mean available for inspection, upon request, during normal business hours or under other reasonable circumstances. In addition, any Holder of a first mortgage shall be entitled, upon written request, to a financial statement of the Association for the immediately preceding fiscal year.
ARTICLE VIII
SALES, ASSIGNMENTS, LEASES AND MORTGAGES OF HOMES
Section 1. No Severance of Ownership. No Owner shall execute any deed, mortgage, deed of trust or other instrument conveying or mortgaging title to his Private Element without including therein the appurtenant interests that go with such Private Element, including each Owner's undivided membership in the Association, it being the intention hereof to prevent any severance of such combined ownership. Any such deed, mortgage, deed of trust or other instrument purporting to affect one or more of such interests without including all such interests, shall be deemed and taken to include the interest or interests so omitted, even though the latter shall not be expressly mentioned or described therein. No part of the appurtenant interests of any Private Element may be sold, transferred or otherwise disposed of, except as part of a sale, transfer or other disposition of the Private Element to which such interests are appurtenant.
Section 2. Gifts and Devises. Etc. Any Owner shall be free to convey or transfer his Private Element by gift, or to devise his Private Element by will, or to pass the same by intestacy, without restriction.
Section 3. Leasing. Except as otherwise provided in this Section 3 of Article VIII, any Owner may lease all or any part of his Private Element under such terms as he deems appropriate, provided that said lease is no shorter than thirty (30) days duration and provided further no customer hotel services shall be furnished, maintained or offered in connection with the leasing of any Private Element. All leases must be in writing and provide that its terms are subject in all respects to this Declaration, the Charter, By-Laws and Association Rules and that any failure of the lessee to comply with the terms of these documents shall be a default under the lease.
ARTICLE IX
USE RESTRICTIONS
In order to promote the ecology of the development, provide compatibility for the Owners, and encourage congenial occupancy of the Properties, and for the protection of the value of COPPERFIELD, the use of the Properties shall be restricted to and in accordance with the following provisions:
Section 1. Land Use and Building Type. No Private Element shall be used except for residential purposes, except as provided in ARTICLE X, and except the Developer reserves the right to maintain model Homes and a sales office within the Properties and the right to conduct marketing activities upon the Properties until all Private Elements are sold. Any replacement Home must conform with the original plan, size and value of the Home replaced, and must be in keeping with the overall architectural scheme of development, and must first be approved in writing by the Board or Environmental Quality Committee.
Section 2. Nuisances. No nuisances shall be allowed on the Properties, nor shall any use or practice be allowed which is a source of annoyance to its residents, or which interferes with the peaceful possession or proper use of the Properties by its residents.
Section 3. Animals. No animals livestock or poultry of any kind shall be kept or maintained on any Private Element or in any Home, except that dogs, cats or other customary household pets may be kept and maintained provided they are not kept or maintained for commercial purposes; provided, further however, that:
(a) No one shall keep or maintain more than two (2) pets of the same species.
(b) No one shall keep or maintain any animal having a vicious disposition.
(c) No one shall suffer any animal belonging to him to run free on any Common Area, including limited Common Area, or to trespass on the Private Element of any other Owner, or to disturb the peace and quiet of any resident.
Any controversy arising out of this Section 3 shall be subject to arbitration, as provided in Article V, Section 6, hereof.
Section 4. Outside Antennas. No outside antennas, television antennas, or similar devices shall be erected on any Private Element or Home within the Properties, unless and until prior written permission for same has been granted by the Board of Directors of the Association or its Environmental Quality Committee.
Section 5. Fresh-Air Clothes Drying. Fresh-air drying or airing of clothing or bedding shall be permitted outdoors on any Private Element in the Properties, so long as it is not visible from another Home or Private Element, or the Common Area.
Section 6. Use of Common Area. The Common Area and associated facilities shall be used only for the furnishing of the services and facilities for which they are reasonably suited and which are incident to the normal use and occupancy of the Homes.
Section 7. Legal Requirements. No immoral, improper, offensive or unlawful use shall be made of the Properties or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. Laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof, relating to any portion of the Properties, shall be complied with, by and at the sole expense of the Owners or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Properties.
ARTICLE X
EASEMENTS
Section 1. Utility Easements. The Developer reserves the right to grant, convey or otherwise create easements for the installation and maintenance of utilities (electric power, telephone, water, sewer, CATV, etc.) and for drainage facilities over the Properties in general and in particular, over any Private Element. The location, width, etc. of all such easements shall be as established by Developer, whether they be shown on any recorded map or maps of the Properties, set out on any instrument creating any such easements or otherwise. No structure, planting or other material shall be placed or permitted to remain within these easements which may interfere with the installation and/or maintenance of such utilities or which may change the direction or flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements.
Section 2. Developer's Easements. The Developer, for themselves, their successors and assigns, reserves the permanent easement and right of ingress and egress to pass and repass over all roads, ways, sidewalks and pathways, to and from any additional property which may be hereafter incorporated into COPPERFIELD or any other development that borders on COPPERFIELD. Further, the use of any Common Area by the Association will be subject to this and any other rights or easements reserved to the Developer in any deed to the Association for all or any part of the Common Area. The Developer further reserves the right to extend any street through any Private Element or part of any Private Element to connect with the property adjacent to the Properties, and to dedicate the same as a public street, subject to the approval of the Kingsport Regional Planning Commission as to any new street alignment. In the event of any such new street alignment, the use of any Private Element, or part of any Private Element, or any Common Area for such use shall not be deemed a violation of this Declaration, and shall be reflected upon a map recorded in the Register's Office, after approval by the Kingsport Regional Planning Commission.
Section 3. Encroachment Easement. If any portion of the Common Area and facilities now encroaches upon any one (1) Private Element, or if any Home now encroaches upon any other Home or upon any portion of the Common Area and facilities as a result of the construction of the buildings, or if any such encroachment shall occur mistakenly when a Home is constructed in the future, a valid easement of the encroachment, and for the maintenance of the same so long as the buildings stand, shall exist. In the event the buildings, the Home, any adjoining Home, or any adjoining Common Area and facilities, shall be partially or totally destroyed as a result of fire or other casualty, or as a result of the condemnation or eminent domain proceedings, and then rebuilt, the encroachment of parts of the Common Area and facilities upon any Private Element, upon any Home or upon any portion of the Common Area and facilities, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the buildings shall stand.
ARTICLE XI
PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO
Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration is located in the 13th Civil District of Sullivan County, Tennessee, and is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference, all of which real property shall hereinafter be referred to as "Existing Property".
Section 2. Additions to Existing Property. (a) Additional property may be made subject to this Declaration by the Developer, jointly or severally, without the consent of any Owners by filing of record a Supplementary Declaration of Protective Covenants, Conditions and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property.
(b) Effects of Amendment. Upon recording of a Supplementary Declaration by Developer, which annexes and subjects additional property to this Declaration, as provided in this Article, then:
(1) The restrictions, conditions, covenants, and reservation, liens, charges, rights, benefits, and privileges set forth and described herein shall run with and bind the additional property (including Private Elements) and inure to the benefit of and be the personal obligation of the owner of additional Private Elements in the same manner, to the same extent, and with the same force and effect that this Declaration applies to the Existing Property and Owners of Private Elements which were initially subjected to this Declaration:
(2) Every person who is an owner of an additional Private Element shall be a Member of the Association on the same terms and subject to the same qualifications and limitations of those members who are Owners.
(3) Until the effective date of the next revised or Annual Assessment, that portion of the Annual Assessment which shall be payable each month by each owner of an additional Private Element which is subject to assessment shall be determined as provided herein based on the annual assessment determined in the most recently adopted budget.
ARTICLE XII
GENERAL PROVISIONS
Section 1. Limitation on Certain Contract Rights Prior to Passage of Control to Association. The Association, prior to passage of control, shall not be bound either directly or indirectly to any contract or lease, including a management contract, unless there is a right of termination of any such contract or lease, without cause, which may be exercised without penalty at any time after transfer of control, upon not more than ninety (90) days notice to the other party thereto.
Section 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the Properties, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods often (10) years. This Declaration may be amended by an instrument signed by not less than sixty (60%) percent of the Owners. Any amendment must be recorded.
Section 5. Lender's Notices. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the Home number or address, any such eligible mortgage holder or eligible insurer or guarantor will be entitled to timely written notice of:
a. Any condemnation loss or any casualty loss which affects a material portion of the project or any Private Element on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as applicable;
b. Any delinquency in the payment of assessments or charges owed by an Owner subject to a first mortgage held, insured or guaranteed by such eligible holder or eligible insurer or guarantor, which remains uncured for a period of sixty (60) days;
c. Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and
d. Any proposed action which would require the consent of a specified percentage of mortgage holders.
Section 6. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.
Section 7. Private Elements Subject to Declaration. By-Laws and Rules and Regulations. All present and future Owners, tenants, and occupants of Private Elements shall be subject to, and shall comply with, the provisions of this Declaration, the By-Laws, and the Rules and Regulations of the Association, as they may be amended from time to time. The acceptance of a deed of conveyance or the entering into a lease or the entering into occupancy of any Private Element shall constitute an agreement that the provisions of the Declaration, By-Laws and the Rules and Regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner, tenant or occupant, and all of such provisions shall be deemed and taken to he covenants running with the land and shall bind any person having at any time any interest or estate in such Private Elements, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease therefore.
Section 8. Description of Private Elements. Any deed or other instrument which conveys or refers to a Private Element may call that Private Element a "Lot" or part of a Lot, and the term "Lot" in any such document shall mean and refer to a Private Element as defined herein.
Section 9. Attorney's Opinion. Attached hereto as Exhibit "D" is an Attorney's Opinion regarding the creation of COPPERFIELD as a planned unit development. The provisions of this Attorney's Opinion are incorporated herein by reference.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 31 day of May, 1995.

_____________________________
Timothy P. Walkey

_____________________________
Harold R. Slemp

STATE OF TENNESSEE :
: ss.
COUNTY OF SULLIVAN :

Personally appeared before me, the undersigned, a Notary Public in and for the aforesaid state and county, the within-named bargainors, Timothy P. Walkey and Harold R. Slemp, as
Tenants in Partnership, with whom I am personally acquainted and who acknowledged the execution of the foregoing instrument for the purposes therein contained.
WITNESS my hand and official seal at office this 31st day of May, 1995.

My commission expires: *

Nov. 21, 1995

*Seal and Signatures on File
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