10% Buyers Premium Please Read and Understand all Terms and Conditions prior to bidding. Viewing the property is by Appointment Only! Open House April 7th 2-4 PM HOA fees $750/QR 10% of high bid in form of a cashier's check due within 24 hours of the closing day/time of the online Auction. This down payment is non-refundable unless the Seller cannot close the deal. Soldx3 Auctions represents the seller only during the process as seller's agent. Bidder understands that the overlay and acreage amounts are estimates the Real Estate is being sold from the Tax Parcel Map and Description. The seller has the right to accept or deny final auction prices as this auction is contingent on seller's confirmation. Personal Property does not convey with the property. Contract is not contingent on ability to obtain financing. Property is sold As-Is, Inspections up til auction is welcome. Property can be shown by appointment. 256-506-6926 Bidders are responsible for their own due diligence. Property is sold AS-IS, Where-is with no warranties guaranteed or implied. This property must meet the reserve in order to sell at auction. The auction company has permission to bid on behalf on the seller up to, but not higher than the reserve. Tax lines have been over-laid over some of the images and are not a replacement of a survey by a license surveying company. All facts and measurements should be verified by the purchaser prior to bidding and the sale is not contingent on accuracy. Purchaser is responsible for all closing cost with the exception of deed prep, seller's prorated taxes, and seller's real estate commission. Closing to take place on or before May 10, 2024 with attorney at TBD Guntersville, Alabama. All Down Payment money will be deposited with them. All sales are final and purchaser understands a final inspection is not required prior to closing. All due diligence must be done prior to the close of the auction. The auction company represents only the Seller in the transaction. The undersigned seller, herein (the "Seller") and Purchaser, herein (the "Purchaser") hereby agree as follows: 1. The Property: Seller agrees to sell and Purchaser agrees to purchase the following real estate referred to as: 1727 Convict Camp Rd Guntersville AL 35976 2. The Price: The total purchase price is amount bid plus 10% buyers premium to make the final sales price and shall be payable at closing in cash, certified funds or equivalent good funds acceptable to the Closing/Escrow Agent. 3. The Title: The Seller shall convey the Property by Warranty Deed, free and clear of all liens and encumbrance, except as set forth in paragraph 13 of this Agreement. If title insurance is desired or required, it shall be at the Purchaser's expense. 4. The Survey: The Property has not been surveyed for this auction and is being sold from the County Records. Properties sold by sales map is for illustration purposes only. County maps measurements and boundaries are approximate and subject to change. Survey will be done after the auction unless op out has been done by the purchaser due to buying the entire amount of land within one of the three current parcels If the survey shows a great or lesser number of acres than depicted on the county map, the purchase price will be adjusted. 5. Closing: This purchase and sale transaction shall be closed on/or before May 10, 2024 by 5:00Pm, whichever is sooner, or a date mutually agreed upon by the Seller and Purchaser in writing, herein (the "Closing Date"). Buyer agrees to pay all closing except for taxes due on the property at time of closing and deed preparation. 6. Defaults: Purchaser shall have the right to damages, including reasonable attorney's fees in the event Seller neglects or refuses to perform Seller's obligations hereunder. Purchaser and Seller agree that based upon circumstances now existing, known and unknown, it would be impractical or extremely difficult to establish Seller's damages by reason of Purchaser's default under this contract. Accordingly, Purchaser and Seller agree that in the event of a default by Purchaser under this contract, it would be reasonable to such time to award Seller "liquidated damages" equal to the amount represented by the earnest money deposit, herein (the Deposit") then held by the Closing/Escrow Agent. At its option, Seller shall have the additional right to receive a equitable relief, including without limitation, and alternative right to enforce specific performance of this Agreement, and the right to receive payment of reasonable attorney's fees and expenses incurred in pursuit of such relief. 7. Non-Refundable Down Payment: Purchaser has delivered to Seller in the amount 10% of the final bid . Purchaser's Deposit check payable to closing Attorney shall apply same on account of the cash portion of the price if Purchaser performs Purchaser's obligations hereunder, or (ii) shall refund same to Purchaser if Seller fails or refuses to perform Seller's obligations hereunder, or (iii) shall pay all of the Deposit then held by it over to Seller if Purchaser fails or refuses to perform Purchaser's Obligations hereunder. 8. Prorations: Prorations and adjustments shall be made at closing as follows: ad valorem taxes shall be prorated to the date of closing on the basis of the latest available information, and assumed by Purchaser. These taxes are subject to readjustment and re-proration when the actual tax bills are received or the actual tax amounts for the year of closing become known. Purchaser shall be responsible for all special assessments, if any, against the property falling due after the date of closing. 9. Brokerage: Each party represents and warrants that no real estate broker or salesman has been involved in this transaction except Sold Sold Sold Auctions ("Auction Company"), Nathaniel Frederick ("Auctioneer"), and if applicable: ________________________________________ ("Participating Broker"). The commission as stated in a separate agreement between the Seller, and Auction Company as well as any addendums thereto, if applicable, shall be paid before any part of the sale proceeds are disbursed to any other person or entity. The parties agree that all deposits and purchase funds shall be paid to the Closing/Escrow Agent for its proper disbursement. If the Purchaser defaults in closing this Agreement, the Purchaser's Deposit will be forfeited as liquidated damages and will be disbursed by the Closing/Escrow Agent in accordance to a separate agreement between the Seller, and Auction Company. If Seller seeks and obtains a judgement for specific performance of any sales agreement and/or damages in respect thereof, Auction Company shall be paid the full amount of its commission due in respect thereof. 10. Closing Documents: (a) To perform its closing obligations hereunder, Seller shall execute and deliver, in form for recording, said Warranty Deed, and do and perform all other acts and things that are required hereby, and do and perform all other acts and things as shall be required by the Closing/Escrow Agent to perform its closing obligations hereunder, (b) Purchaser shall execute all documents to do and perform all other acts and things that are required hereby, and do and perform on its closing statement to Purchaser and Seller the price, all prorations, etc., as herein provided for and contemplated, and (ii) to its issuing to Seller of its check representing the net proceeds of the sale due to Seller. 11. Closing Cost Shall Be Paid as Follows: Seller will pay for deed preparation and prorated taxes. Buyer will pay for all other closing cost. See attachment of closing cost estimates. 12. Possession: Possession shall be on closing and funding. 13. Approvals: The property is selling subject to approval of local authorities, if any approval is necessary. 14. Property Condition: The property is selling subject to any existing right-of-way, easement, encroachments, restrictive covenants, prior reservation of record, zoning regulations, governmental agency regulations, environmental conditions, leases, CRP contracts, adverse possession, restrictions and sewer assessments. This property is selling in "AS IS, WHERE IS" condition, without warranty or representation, either statutory or otherwise, expressed or implied. 15. Non-assignability by Purchaser: Purchaser's interest in this Agreement may not be transferred or assigned, in whole or in part, without the prior written consent of Seller. 16. Risk of Loss: Risk of condemnation or other casualty loss shall remain with Seller until closing, and if any condemnation or unrepaired fire or other casualty damage occurs, the Purchaser shall have the option of (i) closing without diminution of the price upon taking assignments from Seller (which Seller covenants to make) of all condemnation awards and/or other casualty insurance claims, or (ii) of releasing Seller hereunder and having the return of the Deposit paid by Purchaser on account hereof. 17. Notices: Notice required or permitted hereby shall be in writing, mailed postage prepaid by certified or registered mail, return receipt requested, to the Seller, Purchaser and Auction Company, at their respective addresses as set forth below, or to such other address designated by either party by notice to that effect. 18. Entire Agreement: This Agreement represents the entire and final agreement between the parties, superseding and canceling all prior oral and written communications and agreement between them, their agents and representatives, and this agreement may not be subsequently changed or amended except in writing and signed by the parties. 19. Disclaimer as To Auction Company and Auctioneer: Purchaser shall look only to Seller as to all matters regarding this Agreement and the Property. Sold Sold Sold Auctions ("Auction Company") and Nathaniel Frederick ("Auctioneer") shall not be responsible or liable in any way if Seller fails or refuses to or cannot close title hereunder, or if the Property is affected in any way or is in need of attention or repairs, is contaminated by hazardous materials or is in any other way unsatisfactory to Purchaser as Purchaser may determine before or after closing. 20. Auction Company and Auctioneer Notice of Agency Relationship: Purchaser acknowledges that the Auction Company and Auctioneer are acting as agents for the Seller in this transaction and are to be paid a commission by the Seller pursuant to a separate written agreement between Seller and Auction Company. The Purchaser further acknowledges that neither the Auction Company, Auctioneer, nor any of their agents or representatives are acting in any way as an agent for the Purchaser in this transaction. Any third party broker is not a subagent of the Auction Company. 21. Statute of Limitations: Any action or suit of any kind must be commenced within one (1) year from the date when the cause of action or suit accrued or it will be forever barred. The right of action or suit will accrue, and the one (1) year limitation period will begin to run on the date the breach, damage, or injury is sustained and not when the resulting cost, damage, harm, or loss is discovered. 22. Arbitrations of Disputes: By signing this Agreement you are agreeing that any action, claim, controversy, counterclaim, dispute, or proceeding arising out of Property Issues and involving the Seller, Buyer, Auctioneer, and Auction Company, is any combination, whether controlled by federal or state law, shall be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except to provide by appliable law for the judicial review or enforcement of arbitration decisions. The parties further agree to have any disputes resolved sold and exclusively by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 23. Choice of Law, Jurisdiction, and Venue: Any Auction matter shall be exclusively construed and governed in accordance with the law of the State of Alabama without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the parties shall be in the county of the originating Auction site. PURCHASER REPRESENTS AND WARRANTS THAT PURCHASER AND PURCHASER'S EXPERTS HAVE THOROUGHLY AND CAREFULLY INSPECTED THE PROPERTY AND AGREE TO PURCHASE SAME "AS IS, WHERE IS', "WITH ALL FAULTS, IF ANY". This serves as a release for final walk through of the property if the purchaser chooses not to visit the property prior to closing. The property is sold AS-IS. Real Estate Brokerage Services Disclosure Alabama law requires you, the consumer, to be informed about the types of services which real estate licensees may perform. The purpose of this disclosure is to give you a summary of these services. A SINGLE AGENT is a licensee who represents only one party in the sale. That is, a single agent represents his or her client. The client may be either the seller or the buyer. A single agent must be completely loyal and faithful to the client. A SUBAGENT is another agent/licensee who also represents only one party in a sale. A subagent helps the agent represent the same client. The client may be either the seller or the buyer. A subagent must also be completely loyal and faithful to the client. A LIMITED CONSENSUAL DUAL AGENT is a licensee for both the buyer and the seller. This maybe only be done with the written, informed consent of all parties. This type of agent must also be loyal and faithful to the client, except where the duties owed to the client's conflict with one another. A TRANSACTION BROKER assists one or more parties, who are customers, in a sale. Al transaction broker is not an agent and does not perform the same services as an agent. Alabama law imposes the following obligations on all real estate licensee to all parties, no matter their relationship: 1. To provide services honestly and in good faith; 2. To exercise reasonable care and skill; 3. To keep confidential any information gained in confidence, unless disclosure is required by law or duty to a client, the information becomes public knowledge or disclosure is authorized in writing. 4. Present all offers promptly to the seller; 5. Answer you questions completely and accurately. Further, even if you are working with a licensee who is not your agent, there are many things the licensee may do to assist you, the customer. Some examples are: 1. Provide information about the properties; 2. Show properties; 3. Assist in making a written offer; 4. Provide information on financing. You should choose which type of services you want from a licensee, and sign a brokerage service agreement. If you do not sign an agreement, by law the licensee working with you is a transaction broker. The licensee's broker is required by law to have on file an office policy describing the company's brokerage service. You should feel free to ask any questions you have. The Alabama Real Estate Commission requires the real estate licensee to sign, date, and provide you a copy of this form. Blue Heron Rules and Regulations The forgoing Rules and Regulations are hereby subject to the terms and conditions contained in the recorded Covenants and Restrictions of Blue Heron RV Resort, LLC (formerly Blue Heron Paradise, LLC) RV’s Blue Heron is an RV required community. RV’s must be present at the primary residence of all owners when they are present. A 14 day per calendar year allowance without an RV, while on site, is allowed. RV’s must meet the following guidelines: Minimum of 26 Feet in Length No more than 15 Years in Age (may require verification of registration) Good physical appearance – clean with no peeling, fading, or decal disintegration No primitive camping or tents. No pop-ups or slide-in truck campers. Tiny Homes and Park Models do not qualify as an RV and are not permitted. Destination Trailers with waste holding and fresh water tanks are permitted. Only one RV may be parked on any lot at any given time. New purchasers in Blue Heron must have an RV present when they are on site within 60 days of property purchase. That extra allowance will exhaust the 14 day allowance afforded to owners. The fine for not having a compliant RV is $2500.00 then $25.00 per day. Owners and residents must alert the ARC committee when an RV is off site for repairs so those days are not counted against an owner’s allowance. Construction/Landscaping and Project Approval All construction and exterior home projects including landscaping must have prior ARC approval. Drawings and detailed descriptions including materials listings and colors shall be submitted and quickly reviewed by the ARC. Any construction, lawn, or home project that is not pre-approved is subject to a $2500.00 fine and removal at the owner’s cost if deemed necessary by the ARC. Any changes to plans – a common occurrence during construction - must be resubmitted and will be quickly reviewed. No construction or project approval will be afforded to lots that have an existing compliance issue, including non-payment of assessments. Builders must hold a current Alabama Homebuilders’ License. Any builder who does not comply with the Restrictive Covenants or Rules and Regulations of Blue Heron may be removed from a project and excluded from future projects as part of the approval process. Owners may contract their own construction. Construction trash is not to be burned or buried on site or placed in Blue Heron dumpsters. A construction dumpster must be utilized or trash must be hauled away from Blue Heron. Trailers may be utilized as a construction dumpster if approved by the ARC. Construction trash shall be removed at least weekly. Contractors must remove utility trailers daily other than those used as a construction dumpster. Construction sites must be neat and free of debris. Materials should be neatly stacked or stationed as to not hinder traffic or parking. Porta Toilets are required for construction builds. Construction workers and subcontractors may not use the clubhouse facilities and the clubhouse code is not to be shared with contractors. Small renovations, especially ones done by the owner, may not require a Porta Toilet. Owner must verify requirement on each project prior to commencement. Landscaping projects must be approved including gardens. Rock borders and barriers must be approved. Similar to fences, any extra fees incurred by the lawn contactor are the responsibility of the lot owner. Corners are to be staked and approved prior to pouring any concrete or commencement of any construction, including retaining walls. This will be in lieu of setbacks. Aprons must be added to driveways where possible with any concrete pour. Shingles are to be three dimensional architectural. No metal roofs. Decorative metal accents may be used with ARC approval. Solar panels are not permitted including on roofs. Roof pitch and height are part of the overall construction approval process. No building over 2 stories. Construction is limited to one bedroom and one bathroom per site. No interior garden tubs will be allowed. Outside hot tubs must not drain to the sewer. Water must not be directed into sewer system from gutters. French drains may be required by the ARC as part of the project approval process to control storm flow and protect down-hill lots. Unused sewer inlets in concrete pads must be capped to prevent storm water infiltration. Owners have 6 months from the start of construction for the exterior and landscaping to be complete. Interior completion may be at the owner’s discretion. Construction may begin at 6:00AM and must end by 9:00PM each day. Dirt, mud, and gravel shall not be permitted to accumulate in roadways. Contractors and owners must utilize silt fences or hay barriers as needed. Heavy rains will cause runoff even with these precautions. Contractors and owners shall clean the roads when this occurs as quickly as possible. Cost to clean up will be completed and billed to the owner should timely cleanup not occur. Lot Combinations Owners may combine lots for construction purposes if approved by the ARC. Assessments will be applicable to each lot. Previously combined lots are exempt. Multiple Lots Owners with multiple lots may use lots for themselves, rental, or guests. RV requirements are applicable for each lot. Owners may declare two lots as their primary residence if they are contiguous or in very close proximity, with ARC approval. This will allow their RV to be parked on the additional lot. Owners will not be permitted to rent the additional declared lot. The trigger for a second RV is when the second lot is occupied via rental. Also, a second residence creates a trigger for a second RV. This includes adult children, multi-generational households, or permanent guests. If people are living on both lots, both must have an RV present. Access Easement and Trespass The Board, ARC, or appointed contractors or utility providers may enter any lot at any time to correct, repair, clean, maintain, preserve, install, inspect or move utilities or infrastructure. This includes inspection of projects. This entry will not be deemed trespass. This Rule/Regulation is in addition to, not in lieu of, Article 3 on easements and Article 10 on trespass. Owners must allow all other owners access to ponds as they are common area in their entirety. Repair and Maintenance Responsibilities To maintain consistency and a well-kept property utilizing economies of scale pricing, Blue Heron will contract lawn services including chemical application. The lawn contract will include mow, trim, blow services. The chemical contract will include fertilizer and weed control by a properly-licensed chemical applicator. All other lawn/landscape/bed maintenance is the responsibility of the lot owner. Beds are to remain free of weeds and bushes trimmed at least annually. Owners are liable for the cost of cleanup or additional maintenance if the ARC is required to contract maintenance for any lot to be maintained at a consistent level with the remainder of the property. Owners may choose to complete lawn maintenance themselves; however, they will not receive an abatement of assessment. Jobs are bid by project and the property in its entirety – a large portion of which is common area. Bid is not by lawn count. Utility repair costs are divided between the park and each owner at the site of connection or main line. Repairs on main lines of sewer, water, electric, fiber, etc., will be the responsibility of Blue Heron and are to be covered by the annual assessment budget. Repairs from the house/pad to the main line will be the responsibility of each owner as well as all repairs caused by damage created by an owner or renter. Lots must remain neat and clutter free. Pets Pets must be kept within the confines of a pet owner’s lot or yard unless on a leash (electronic or manual), in arms, or in a vehicle (including a golf cart). Within an owner’s lot or yard, pets may be unleashed as long as they do not cross outside the property line and are attended. Pets may also be kept within an approved fence. No temporary dog pens or outdoor kennels are allowed unless the owner is outside, continuously attending the pets and pen is stored out of site. Pets may not be tethered. Pets may be exercised and allowed to run without a leash in the field between 79 and the main road of the park as well as the open field behind the clubhouse and storage. They must still be attended. Any waste created by a pet is the sole responsibility of the pet owner to be cleaned up, bagged, and placed in an appropriate waste receptacle. This applies to all areas and yards including the open fields. Owners are responsible for keeping dogs from hindering the quiet enjoyment of the park by barking. No pet will be allowed to enter any building or the pool area within the park unless the pet is an approved seeing-eye dog. Any pet that is aggressive may be required to be removed. Rentals Owners may rent their pad individually or through a service such as VRBO. Rentals on RV pads require RV presence. Port homes may be rented short term – no more than 14 days without an RV present. Owners may not rent RV’s to occupants. The renter must provide their own RV. Owners are asked to stay close to the current stated rental rate to keep prices as high and consistent between owners as possible. Rate as of 01/01/2023 - $650 per month plus electric for an RV pad not including a port Owners are responsible for the compliance of their renters. Fines will be issued for non-compliance to the owner – not the renter. Renters may be removed from Blue Heron by the Committee for non- compliance. The Committee may also revoke the right of an owner to rent their property should repeated violations occur and the rental property becomes a nuisance. Boats Boats may be stored at an owner’s residence when both of the following conditions are met: RV requirement is met Inside a closed garage As Blue Heron is surrounded by a 69K acre lake driving the desire for owners to enjoy fishing and water sports, boats may come and go when owners are present. When the owner is present and in residence at their lot, the following additional conditions must be met for a boat to be present: Custom Fit Cover – No tarps allowed Boats or personal watercraft must not be present for more than 14 consecutive days and/or more than 14 days per calendar month No parking on the grass or in the road Lot must have enough room to park without hindering traffic flow No Jon Boats, flat-bottom, or air boats Kayaks and canoes must be stored out of sight Parking and Traffic Speed Limit is 10 MPH. This includes golf carts. Parking is to be on the paved area of each lot including the required RV itself. No parking on the grass or in the street. Parking must allow easy ingress and egress to each lot. Parking within a lot must allow easy flow through the streets for large RV’s and trailers to pass without damaging other owner’s yards or property. No gravel pads for parking. Pads must be asphalt or concrete. Gravel may be utilized for drainage only. Golf Carts and utility vehicles are allowed on hardscape only (asphalt/pavement). No golf carts or utility vehicles are permitted in the open grass areas. Four wheelers, razors, go-carts and large utility vehicles are not permitted. Utility vehicles with or without a bed on a golf cart base are permitted. Prior ARC approval is required. Posted directional flow of traffic is to be followed by all motorized vehicles including golf carts. Exception: When loading and unloading an RV on a pull-through site, drivers will be allowed to go against the posted flow to allow proper entry and exit. Owners and residents may not conduct business from their home that generates traffic in and out of the park by employees, customers, or clientele. No inoperable vehicles are permitted. Utility Trailers Utility Trailers - open or closed - may not be stored on any owner’s or renter’s lot. When moving or working on a weekend project, notification must be made to the ARC that a trailer will be on premise for an agreed upon short period of time. Ponds Fishing is permitted – Catch and Release Fire Pits Fire pits will be allowed: however, smoke being generated should not become offensive to surrounding owners. Permanent fire pit construction must be approved prior to building. Non-permanent pits must be contained on a concrete pad. Wood piles must not become an eyesore and must be kept pest free. Sheds All detached construction buildings must be approved by the ARC. No sheds. Prefabricated, Rubbermaid type or other sheds are not allowed. All sheds on property must be removed upon sale of the lot or when the shed is in disrepair. ARC approval of new projects and construction will be conditional on removal of any existing shed. Fences Fences must be approved by the ARC. Wrought iron is the only approved material. No chains are permitted. The lawn contractor will not be required to maintain grass within a fence. The contractor may choose to maintain inside and around the fence at their discretion and may charge for the additional services at their discretion. If the contractor chooses not to maintain within the fence, the owner will be required to keep the area at least as presentable as the area outside the fence. Failure to do so will require fence removal. The lawn contractor will not be held liable for any damage to fences caused by weed eaters, mowers, or chemical application. Noise Any noise generated within a lot whether it pertains to music, TV’s, vehicle operation, muffler noise, pets, machinery, loud conversations/yelling or any other noise must not be obtrusive to other lot owners so as to affect their quiet enjoyment. No basketball goals are permitted. Quiet hours are between 9:00 PM and 6:00 AM. Exterior Lighting Exterior Lighting must be approved by the ARC. All lighting should be downward facing with soft, non-colored bulbs. Pole lights are to have a cap directing the light downward. Satellite Dishes and Antennas Other than satellite dishes affixed to RV’s, one small diameter satellite dish may be installed at each lot. Unused equipment must be removed. No projections such as antennas shall be placed or permitted to remain above the roof of any Improvement without ARC approval. Tanks and Wells Above ground fuel tanks must be approved, secured, and in good physical condition. No private wells. Signage No exterior signage is allowed, including political or advertising signs, other than a single for sale or rent sign. All lots must have clear address marking for 911 and delivery purposes. Windows and Window Treatments No reflective glass, foil, plastic or paper bags, bed linens or blankets, towels are to be used for window treatments. Outdoor Furniture and Clotheslines No Clotheslines. No furniture or appliances meant for indoor use may be outside the RV or port home, including under port cover. Camera, Lighting, Irrigation Systems Cameras, lights, and irrigation systems must not trespass on the imaginary vertical property line surrounding each lot. Any created trespass must be removed. Animal Feeders / Wild Animals No attracting wild animals. This includes salt licks to attract deer or feeding of feral cats. Bird feeders are allowed; however, placement should not attract birds near neighbor’s vehicles. Limit of 3 bird feeders per lot not including hummingbird feeders. Repairs Work other than minor or emergency maintenance repairs on any RV, motorized vehicle, or boat must not be done on property. Service Providers Blue Heron will not be an employer. Service providers will be paid by contract and must be insured. In addition, for insurance purposes residents and owners must have prior approval to work on machinery, appliances, systems (including electric, plumbing, pool, HVAC, etc.) in all common areas including the clubhouse. This includes any task that requires a ladder. Dumpsters and Trash Removal Blue Heron dumpsters are for the private use of owners and residents. All owners are responsible for placing their trash in the provided dumpsters. No construction debris is permitted in dumpsters. Recycling is encouraged. Boxes and large items are to be broken down. Do not place trash outside the bins or on the ground. Owners and residents are encouraged to push trash as far back as possible to create room for those who are less able. No unsightly accumulation of rubbish, debris, garbage/trash, or generation of nuisance odors are permitted at each lot. Owners shall not have more than 2 trash containers at their lot. Containers must be covered, out of view, and emptied at least weekly. No burning of trash or landscape debris is permitted on any lot or common area. Lawn clippings/trimmings are not to be placed on the “Ross Property” that does not belong to Blue Heron at the entrance. Sewer Owners and Renters are to take extreme precautions to safeguard the longevity of the sewer pumps and fields. No feminine hygiene products including tampons, pads, and cleansing wipes should enter the sewer system. No personal washcloths, facial wipes, baby wipes, or paper towels should be flushed even when labeled “flushable”. Other things that can be an issue are cigarette butts, cotton balls, dental floss, condoms, and flushable kitty litter. Kitchen waste including coffee grounds/pasta/rice/egg shells/flour/fruit pits/bones/produce stickers/excessive fat and grease/ and fibrous food like celery and pumpkin. Also, please do not flush any medications. No oil based products including paint thinner, gasoline, solvents, or insecticides should enter the system as oil/petroleum based products degrade the effectiveness of the sewer field. Excess water entering the sewer is hard on the septic fields. Take care to ensure your lot has no leaking toilets or faucets and that all water from the roof/gutters is directed to the storm system not the sewer. No vehicle traffic in the common areas/fields including golf carts. The Eljen mats are shallow buried and should not be driven across. Assessments and Default All Sections of Article 8 – Assessments, Default, and Remedies - are applicable. In Addition: The annual assessments will be declared by the ARC Committee / Board. A budget will be presented to owners by October 31st of each year for the following year that will outline anticipated expenses and a payment schedule including due dates. Owners in arrears will lose their voting rights and will not be eligible for ARC approval on any project until past due assessments are brought current. This is in addition to remedies listed in the Restrictive Covenants, including but not limited to, late fees, interest, attorney and/or collection fees, loss of amenity privileges, revocation of any existing variances, or any other action deemed necessary to cure the default as noted in Article 8. Owners are also considered in default if any of the Rules and Regulations or Restrictive Covenants terms are violated. Owners will be notified and have 14 days to correct violations other than Assessment payments which are considered in default past the due date. Monetary Fines in addition to Covenant Remedies $2500.00 Commencement of an unapproved ARC project including unapproved changes or alterations Failure to comply with RV requirement $25.00 per day Additional fine after $2500.00 for failure to comply with RV requirement $50.00 per day / occurrence All other violations ARC Committee / Board The ARC Committee and Board will consist of five positions. Eligibility requires compliance with Rules and Regulations including current status with assessments and having a lien-free property. Initial members and Initial Terms: Position 1: Mike McRight 2 Year Term Position 2: Susan Link 2 Year Term Position 3: Jamie Tolbert 3 Year Term Position 4: Henry Millican 3 Year Term Position 5: 2024 Election 3 Year Term After the initial period, terms will be for 3 years. Positions will be filled by rolling election to preserve a consistent knowledge base especially of ongoing projects. The first election will be held March 2024 for the period of April 1 st, 2024 through March 31st, 2027. Owners may serve no more than 2 consecutive terms or 6 years without a full term (3 year) break. 2024 Election – 1 Position Position 5 2025 Election – 1 Position Position 1, Position 2 2026 Election – 2 Positions Position 3, Position 4 2027 Election – 2 Positions Position 5 2028 Election – 2 Positions Position 1, Position 2 2029 Election – 2 Positions Position 3, Position 4 2030 Election – 2 Positions Position 5 and so forth..... After turnover, special elections will be used to fill vacancies. The Committee / Board will then divide tasks and responsibilities among themselves including their Chairman. ARC Committee - Duties Mike McRight Water / Sewer / Pool / Lawn Maintenance / Mailboxes / Ponds Jamie Tolbert ARC Approvals / Facilities / Clubhouse Susan Link Compliance / Web Site / Records Henry Millican Water / Sewer / Facilities Activities/Welcoming Committee Sheri Smith Current Contact Person This committee will serve autonomously and select new members independently. Their purpose is to welcome new residents and provide a broad variety of social activities for the social health of Blue Heron. The committee will maintain their own records and will provide a quarterly financial report to the ARC for accountability of funds. Blue Heron Pool Rules Swim At Your Own Risk No Lifeguard on Duty Owners, Accompanied Guests, and Residents Only No Smoking No Pets other than certified service animals No Glass Bottles Appropriate Swim Attire Required – No Street Clothing No Running, Horseplay, Yelling, Foul Language or Loud Noise Do Not Swim With Fever, Open Sores, or Stomach Distress No Regular Diapers – Swim Diapers Permitted No Diving Pool Closes at 10:00 PM each evening Blue Heron Community Center Rules Center may be reserved by owners by contacting the current social committee designee posted on the calendar in the community center. There will be no charge for owners to use the facility. Please clean up after each event. No owner is to change anything in the Center without ARC approval. This includes throwing items away, the rearranging of furniture and equipment, painting, etc. Alcohol may not be stored or left unattended at any time to prevent underage or other illegal consumption. Prudent risk management practices and liability insurance requirements dictate this requirement. No foul language Equipment and other items placed in the community center are considered donated and may not be use-restricted or reclaimed without ARC approval Access Code is not to be shared with those who are not an owner or resident of the property including construction personnel