New Buyer - Rev. October 2019

request is made therefore, this requirement shall be deemed to be complied with. This provision shall not defeat nor render invalid the lien of any mortgage or other encumbrance made in good faith for value as to any Lot, or Living Units. Nothing contained in this paragraph, however, shall be deemed to require the approval of The Club for the mortgaging of any Lot, or Living Units or the passage of title under any mortgage foreclosure; providing, however, that the right is hereby reserved to The Club to intervene in or set aside any proceeding to foreclose a mortgage or to set aside any sale or transfer thereunder for the purpose of preventing a collusive transfer of title in violation of the foregoing provision, nor shall anything herein be determined to apply to or affect the devolution of title by will, gift or under the intestate laws. The purchaser at foreclosure sale, however, and the donees, heirs and devisees of the owners, after acquiring title by foreclosure, gift, devise or under the intestate laws and all their successors in title shall be bound by this paragraph as to any subsequent sale, transfer, leasing or occupancy of said lot or lots.

23.

MEMBERSHIP REQUIREMENT :

All persons or entities acquiring a Lot or Living Unit in Fiddlesticks Subdivision shall simultaneously with the acquisition of their Lot or Living Unit purchase and maintain one Vested Equity membership in Fiddlesticks Country Club, Inc. which entity shall operate the golf courses located within the Subdivision and the amenities relating thereto, and which shall further maintain the private roadways and other Common Property and golf courses existing within the Subdivision.

24.

WATER AND SEWER:

All owners of lots within Fiddlesticks Subdivision hereby agree that, at such time as any structure is built thereon, they will tie into existing water and sewer systems as are made available to the Subdivision. No septic system shall be allowed. Permitted wells are allowed for the purpose of outside irrigation only and not for the purposes of domestic water supply.

25.

LIENS:

The Club has a lien right on each Lot or Living Unit and structures for any unpaid past dues, assessments, and other charges, together with interest, late payment penalties and reasonable attorney fees incurred by the Club in enforcing this lien. The lien is perfected by recording a Claim of Lien in the public records of the County, which Claim of Lien shall state the legal description of the property encumbered thereby, the name of the record owner(s), the amounts then due and the dates when due. The lien shall also attach to the Equity Certificates. The Claim of Lien must be signed and acknowledged by an officer or agent of the Club. The lien shall continue in effect until all sums secured by said lien have been fully paid, and the lien satisfied or discharged. The Claim of Lien shall secure all unpaid assessments and charges, interest, costs and attorneys’ fees which are due and which may accrue or come due after the recording of the Claim of Lien and up to the issuance of the clerk’s deed. Upon full payment, the person making payment is

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