1043 1216 RECORDED AND VERIFIED MARY SUE COTE STATE OF NORTH CAROLINISTER OF DEEDS DECLARATION OF COVENANTS NEW HANOVER CO. NCONDITIONS AND RESTRICTIONS FOR ABBINGTON DALE AT '93 SEP 8 PM 1 3CTORIA Place COUNTY OF NEW HANOVER 30 day of August 1993, by THIS DECLARATION, made this EASTLAND DEVELOPERS, INC., a North Carolina corporation, hereinafter referred to as "Declarant"; WITNESS ETH: WHEREAS, the Declarant is the owner and developer of certain property in New Hanover County, North Carolina, known as Abbington Dale at Victoria Place, the same being more particularly described on a map thereof recorded in Map Book 33 at Page 155 of the New Hanover County Register of Deeds Office (the "Property"); 000093 WHEREAS, the Property is adjacent to an existing development known as Victoria Place, which development has a homeowners' association known as Victoria Place of New Hanover Homeowners' Association, Inc.; and WHEREAS, the Declarant has formed a homeowners' association for the Property known as Abbington Dale at Victoria Place HOA, Inc.; and WHEREAS, the Declarant desires to subject the Property to the same covenants and restrictions applicable to Victoria Place except as they are hereinafter amended.
NOW, THEREFORE, the Declarant does hereby declare that the Property, for the purpose of enhancing and protecting its value, desirability and attractiveness, shall be held, sold and conveyed subject to the Declaration of Covenants, Conditions and Restrictions of Victoria Place Subdivision, Section I (the "Declaration"), recorded January 14, 1987 in Book 1359 at Page 983 of the New RETURNED TO Nicia Walker 296926 1698 1217 Hanover County Register of Deeds Office. The Declaration shall run with the Property, shall be binding on all parties having or
ok 1359 at Page 983 of the New RETURNED TO Nicia Walker 296926 1698 1217 Hanover County Register of Deeds Office. The Declaration shall run with the Property, shall be binding on all parties having or acquiring any right, title or interest in the Property, and shall inure to the benefit of each owner of the Property; provided, however, that as applicable to the Property, the Declaration shall be deemed to be amended as follows: 1. ARTICLE 1; "Association", "Common Area", "Declarant" and "Property", as used in the Declaration shall be deemed to be defined as follows: "Association" shall mean and refer to Abbington Dale at Victoria Place HOA, Inc., a North Carolina non-profit corporation, its successors and assigns; "Common area" shall mean and refer to all land within the Property owned by the Association, along with facilities and improvements erected or constructed thereon, for the exclusive use and enjoyment of the members of the Association and all water lines located outside public rights-of-way and individual lots, all sewer lines located outside public rights-of-way, public sanitary sewer easements and individual lots, which water or sewer lines serving the Property are declared to be common area. Said common area shall be maintained by the Association.
"Declarant" shall mean and refer to Eastland Developers, Inc., a North Carolina corporation, its successors and assigns to whom the rights of Declarant are expressly transferred, or if such successors or assigns should acquire more than one undeveloped lot or undeveloped acreage for the purpose of development, or acquire title to the Property under a deed in lieu of foreclosure, judicial foreclosure, or foreclosure under power of sale contained in any deed of trust or one otherwise denominated a "Declarant" hereby
ire title to the Property under a deed in lieu of foreclosure, judicial foreclosure, or foreclosure under power of sale contained in any deed of trust or one otherwise denominated a "Declarant" hereby shall be deemed Declarant.
at "Property" shall mean and refer to the certain real property described on the map thereof recorded in Map Book 33 Page of the New Hanover County Register of Deeds.
155 No 2. ARTICLE II: Article II shall be deemed to be deleted.
additional phases will be added to Abbington Dale at Victoria Place.
3. ARTICLE V: Article V, Section 1 (b) (1) and (2) shall be deemed to be amended to read as follows: 2 1698-1218 (a) When the total votes outstanding in class A membership equal the total votes outstanding in Class B membership; (b) 30 Three years from the day of August 1993.
4. ARTICLE VI: Article VI, Section 3 (a) shall be deemed to be amended to read as follows: (a) Maximum Annual Assessment: To and including the third anniversary after the 30 day of August 1993, the maximum annual assessment shall not be in excess of $120.00 per lot.
5. Notwithstanding the provisions of Article 8, the Architectural Committee for Abbington Dale at Victoria Place shall be Rick D. Medlin, Sandy D. Wood and James N. Hunter who shall serve until the Class B membership is converted to Class A membership, after which the Architectural Committee shall be those persons named by the Board of Directors of the Association.
IN WITNESS WHEREOF the Declarant has caused this instrument to be executed in its name by its proper corporate officers and its corporate seal to be hereto affixed pursuant to corporate authority duly giver ATTEST DEVE OPERS.
CORPORATE SEAL INC.
EASTLAND DEVELOPERS, INC.
Byt обли (CORPORATE SEAL) 3 BOCK PAGE 1693 12 19 NEW STATE OF NORTH CAROLINA
hereto affixed pursuant to corporate authority duly giver ATTEST DEVE OPERS.
CORPORATE SEAL INC.
EASTLAND DEVELOPERS, INC.
Byt обли (CORPORATE SEAL) 3 BOCK PAGE 1693 12 19 NEW STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ' 1, a Notary Public of the County and State aforesaid, certify that CINE MEDAN personally came before me this day and acknowledged that he is the Secretary of Eastland Developers, Inc., a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary.
WITNESS my hand and official stamp or seal, this August 1993.
My commission expires: 11/25/96 W.
NOTARY PUBLIC HANOVER GURLE COUNTY.
NC Joy Notary Public STATE OF NORTH CAROLINA New Hanover County The Foregoing/ Annexed Certificate(s) of Ja Notary (Notaries) Public is/ are certified to be correct.
This the by 8 day of Sept.
Mary Sue Oots, Register of deeds дев th 5 day of 19-23 Deputy Assistant