NORTH     HILL

POST OFFICE BOX 734

Carriere, MS  39426

www.nhpoa.com

Declaration of Water Well Agreement for

North Hill Subdivision Phase III

These covenants have been in effect since the official recording took place on November 13, 2000. The official covenants are recorded in Book 755 pages 421 through 430 located in the Chancery Clerks office in Poplarville, MS. This web page is provided for easy public access to this agreement where much effort has been made to copy the official record. However, NHPOA or any of its members are not liable for any discrepancies that may exist between this web page and the official record.

This declaration made, executed and declared upon date hereinafter set forth by Legacy Ventures, L.L.C., the owner of North Hill Subdivision, Phase III, as per official map or plat on file in the office of the Chancery Clerk of Pearl River County, Mississippi:

DECLARATION

1. Developer, Legacy Ventures, L.L.C., shall install a water well with a submersible pump which will serve as a back up water supply to raise the water level of the lake contiguous to the hereinafter described lots, should it become necessary to do so because of insufficient rainfall. Legacy Ventures, L.L.C., and the owners of Lots 305 through 334, North Hill Subdivision, Phase III, agree to the following conditions:
2. Legacy Ventures, L.L.C., will pay for the labor and material to install this well on lot 328.
3. Legacy Ventures, L.L.C., will pay the deposit for obtaining electric service from Mississippi Power to run the well.
4. Legacy Ventures, L.L.C., will pay for the maintenance and upkeep of the well and utility bills for this well through December, 2001, at which time Legacy Ventures, L.L.C., will deposit $1,000 into an account for the use and benefit of the above described lot owners to be applied toward future maintenance and upkeep of the well and pump and payment of the utility bills.
5. Beginning January 1, 2002, and thereafter, the owners of Lots 305 through 334 shall be responsible for the permanent upkeep and maintenance of the well and the payment of utility bills.
6. On January 1 of each year, the above described lots owners shall contribute an amount equal to their pro-rata share of the previous year's utility bills. These lot owners shall designate one person to pay these bills for the next twelve months. If a lot owner fails or refuses to pay his or her proportionate part of the utility bill by February 1 of any given year, the remaining lot owners shall have the right to impress a lien on the property of the defaulting lot owner and take the necessary action to enforce same until the amount of the lien including attorney fees and court costs have been paid in full.
7. It is understood that the use of this well shall be limited to maintaining the water level of the lake and no other use shall be permitted.
8. This agreement applies only to the owners of Lots 305 through 334, North Hill subdivision, Phase III, and is in addition to and not in lieu of the Protective Covenants for this subdivision found of record in Land Deed Book 755, pages 421 through 427, in the office of the Chancery Clerk of Pearl River County, Mississippi.

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Last updated: September 18, 2007.