Maintenance Agreement

ROAD MAINTENANCE AGREEMENT

REBERN ROAD AGREEMENT

The Rebern Road Easement (hereafter R.R.) is a private road and utility easement owned by the individual parcel owners. This is not a County or State maintained road. All purchasers of parcels containing any portion of R.R. as well any other user of this easement for access, agree to become members of an Association (hereinafter to be formed, with the initial bylaws to be established, by BamaLand INC and affiliated with the Hardwood Mountain Preserve Owners Association) whose purpose is to see to the maintenance of said road and easement. Membership in the association shall be mandatory for each owner and any subsequent owner of affected parcels. Beginning January 1, 2006, an initial assessment of $175.00 a year (prorated at time of transfer) shall be paid by the buyer at the time BamaLand INC transfers a lot to any third party. Thereafter, BamaLand INC, or the Association, as the case may be, shall submit annual billings of $175.00 each January, (or as amended) to the owners of all affected parcels. These funds are to cover the Associations expenses of operation, including but not limited to road upkeep, and maintenance. Each owner shall have thirty (90) days to pay that owners bill. In the event the bill is not so paid, BamaLand INC or the Association shall have the right to claim a lien on the parcel for the unpaid amount including, but not limited to, a late charge of $30.00 per month for each month the assessment is unpaid, reasonable attorney fees, court costs and all other costs of foreclosure and collection. The lien for the assessments provided for herein shall be subordinate to the lien of any first mortgage on the property. Sale or transfer of any lot shall not except the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereon. No owner may waive or otherwise escape liability for assessments provided for herein by non-use of the common areas or by abandonment of his/her lot. These assessments do not apply to BamaLand INCs use of R.R.. Pre-filing intentions: Association to take on its responsibilities when it has 10 members or February 1, 2013 whichever comes first. Prior to this, BamaLand INC shall manage the affairs of Rebern Road. BamaLand INC, at its own discretion, may voluntarily turn over this authority to the owners before these criteria are met. Each affected parcel to have one vote. 60% of votes to change assessment. 75% of vote to change agreement. This agreement applies only to “Rebern Road”, a named portion of (private) County Road # 436.

“Rebern Road”

Addendum: Rebern Rd. funds shall be deposited into H.M.P.O.A.s account and be accounted for separately.

ROAD MAINTENANCE AGREEMENT

FRANCES ROAD AGREEMENT

The Frances Road Easement (hereafter F.R.) is a private road and utility easement owned by the individual parcel owners. This is not a County or State maintained road. All purchasers of parcels containing any portion of F.R. as well any other user of this easement for access, agree to become members of Hardwood Mountain Preserve Owners Association (hereafter H.M.P.O.A.) with the initial bylaws to be established, by BamaLand INC whose purpose is to see to the maintenance of said road and easement. Membership in the association shall be mandatory for each owner and any subsequent owner of affected parcels. Beginning January 1, 2006, an initial assessment of $175.00 a year (prorated at time of transfer) shall be paid by the buyer at the time BamaLand INC or Scott & Jerry LLC transfers a parcel to any third party. Thereafter, BamaLand INC, Scott & Jerry LLC, or the Association, as the case may be, shall submit annual billings of $175.00 each January, (or as amended) to the owners of all affected parcels. These funds to be deposited into H.M.P.O.As account and accounted separately. These funds are to cover the Associations expenses of operation, including but not limited to road upkeep, and maintenance. Each owner shall have thirty (30) days to pay that owners bill. In the event the bill is not so paid, BamaLand INC or the Association shall have the right to claim a lien on the parcel for the unpaid amount including, but not limited to, a late charge of $30.00 per month for each month the assessment is unpaid, reasonable attorney fees, court costs and all other costs of foreclosure and collection. The lien for the assessments provided for herein shall be subordinate to the lien of any first mortgage on the property. Sale or transfer of any lot shall not except the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereon. No owner may waive or otherwise escape liability for assessments provided for herein by non-use of the common areas or by abandonment of his/her lot. These assessments do not apply to BamaLand INCs or Scott & Jerry LLCs use of F.R.. Pre-filing intentions: Association to take on its responsibilities when it has 10 members or January 1, 2013 whichever comes first. Prior to this, BamaLand INC shall manage the affairs of Frances Road. BamaLand INC, at its own discretion, may voluntarily turn over this authority to the owners before these criteria are met. Each affected parcel to have one vote. 60% of votes to change assessment. 75% of votes to change agreement. This agreement applies only to “Frances Road”.

                         NATURE TRAIL / COMMON AREA AGREEMENT
All purchasers of lots or parcels (with or without existing homes) that close on or after February 1, 2007 agree to an additional yearly assessment. This assessment is over and     above any other assessments or road maintenance fees already in force. These funds are to be used for the upkeep and improvement of the Nature Trails and Common Areas within Hardwood Mountain Preserve. Beginning on January 1, 2008 an initial assessment of $50 will be billed to each affected owner. Thereafter, billing will be submitted each January to the owners. Each owner shall have thirty (90) days to pay that owners bill. In the event the bill is not so paid, BamaLand INC or H.M.P.O.A. shall have the right to claim a lien on the lot or parcel for the unpaid amount including, but not limited to, a late charge of $30.00 per month for each month the assessment is unpaid, reasonable attorney fees, court costs and all other costs of foreclosure and collection. The lien for the assessments provided for herein shall be subordinate to the lien of any first mortgage on the property. Sale or transfer of any lot shall not except the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereon. No owner may waive or otherwise escape liability for assessments provided for herein by non-use of the common areas or by abandonment of his/her lot. These funds will be deposited in a separate account named “Nature Trail” and managed by Bamaland INC up until H.M.P.O.A. takes responsibility. Matters concerning expenditures, rules and regulations will be handled by Bamaland INC until HMPOA takes responsibility. At that point each affected parcel shall have one vote. 60% of voted to change the assessment. 75% of votes to change agreement. NOTE: Parcels sold before 2/1/2007 may voluntarily pay this assessment thus gaining all the benefits and rights to the Nature Trails and Common Areas.

.