HOAproxy ← Alexis Pointe

Alexis Pointe

Alexis Pointe · 18 pages
Open PDF
Page 1

RECORDED and VERIFIED BCS BK 932 PG454 1-3-92 THIS o'clock JUDY G. PRICE, Register of Deeds Filed for record Date STATE OF NORTH CAROLINA Time COUNTY OF UNION C95504 ALEXIS POINTE SUBDIVISION Union County, Monroe, North Carolina DECLARATION OF RESTRICTIVE COVENANTS REV. 12/31/96 ' WHEREAS, DAN L. MOSER CONSTRUCTION & REALTY CO., INC., P.O. Box 350 Mineral Springs, North Carolina is the owner of a certain tract of land located on Highway 74, Indian Trail, Vance Township, Union County, North Carolina and described in a plat recorded in the Office of the Register of Deeds of Union County, North Carolina, in Map Book Cabinet E, Pages 470, 471, 472, 473, 474, and designated as Alexis Pointe Subdivision.

WHEREAS, Dan L. Moser Construction & Realty Co., Inc. now desires for the use and benefit of their Company, it heirs, successors and assigns and its future grantees and lessees, to place and impose certain restrictive covenants on the subject property and the owners and holders.

NOW, THEREFORE, in consideration of the premises, and for the purpose aforesaid, Dan L. Moser Construction & Realty Co, Inc., for their Company, its heirs, successors and assigns and their future grantees and lessees, do hereby place and impose upon each lot shown on the above referenced plat and included in the subject property the following restrictive covenants for the period ending 20 years from the date hereof.

1. No dwelling erected on a lot or any plat thereof shall contain less than 1,400 square feet of enclosed heated living area for a one-story ranch. A multi-story dwelling should have a minimum area of 1,600 square feet of enclosed heated living area. The lots that border along Fawnbrooke Drive shall have a minimum area of 1,800 square feet of enclosed heated living area.

Pages 1–2

ould have a minimum area of 1,600 square feet of enclosed heated living area. The lots that border along Fawnbrooke Drive shall have a minimum area of 1,800 square feet of enclosed heated living area.

Those lots are as follows: 1, 7, 8, 16, 17, 27, 28, 40, 41, 55, 56, 81, 82, 88, 89, 95, 96, 102, 103, 109, 110, and 116. All residential dwellings must have an attached garage accommodating at least two vehicles. Only a single family dwelling and its ancillary buildings may be erected on a lot. No more than one residence may be erected on a lot. No ancillary building, as aforementioned, may be erected until construction of the dwelling has been begun. Any dwelling or ancillary building shall be set back according to the set back lines as shown on the recorded Map Book Cabinet E, Pages 470, 471, 472, 473, 474, of the Union County Registry. No ancillary building shall have outside exposed concrete blocks, other than for the foundation of the building. No mobile homes will be allowed at any time.

2. The Grantee, its successors and assigns, shall grant the necessary easement for any and all utilities and telephone lines across their lot to service their lot and/or other lots within the real property described in Map Book Cabinet E, Page 470, 471, 472, 473, 474, of the Union County Register of Deeds, as may be required by any utility company for sewer, telephone, cable, etc.

3.

No residential building shall be located on any residential lot nearer to any street line or any adjoining property line than the building set back lines shown on the recorded map.

4.

All homes shall have a concrete driveway to be installed at least to the front foundation part of the house.

5. Only household pets may be kept on a lot, and such animals may not be kept, raised

p.

4.

All homes shall have a concrete driveway to be installed at least to the front foundation part of the house.

5. Only household pets may be kept on a lot, and such animals may not be kept, raised or bred for any commercial purposes. Household pets shall be maintained by their owners in such manner as not to constitute or create a nuisance to other property owners within the property herein described.

6. All lots shall be used solely for single family residential purposes only and no buildings shall be erected, placed or permitted to remain on a lot or combination of a lot and other contiguous property other than for the purpose of a single family dwelling.

7. No residence, building, structure of a temporary nature shall be erected or allowed to remain on a lot or any contiguous property, and no mobile home, trailer, basement, shack, tent, garage, barn, or other building of a similar nature shall be used as a residence on a lot, either temporarily or permanently. This section shall not prevent the use of model homes and construction trailers during the construction of residences within the subdivision.

8.

Each owner shall keep his lot in an orderly condition and shall keep the improvements thereon in a suitable state of repair, promptly repairing any damage thereto by fire or other casualty.

None of the following items shall be erected or located closer to the front yard than the rear corners of any dwelling erected on the lot: 9.

(a) boats and boat trailers; (b) free standing radio or television transmission or reception towers, antennas, satellite dishes or discs (only the small mini satellite dishes are allowed); (c) swimming pools; Jacuzzis, or hot tubs; (d) trampolines; (e) fences or walls

Page 3

ransmission or reception towers, antennas, satellite dishes or discs (only the small mini satellite dishes are allowed); (c) swimming pools; Jacuzzis, or hot tubs; (d) trampolines; (e) fences or walls Vehicles shall not be parked or stored on any part of the lot not improved for that purpose, i.e. garage, driveway, carport, or parking pad. This paragraph does not preclude occasional overflow for guests or other reasonable purposes.

10. No brick mailboxes are to be built by the original contractor or the homebuyer that would infringe upon any of the street right-of-ways which are listed on the recorded plat in the Union County Registry until such time that N.C.D.O.T. takes over all of the roads for maintenance.

11. No vehicles of any type which are abandoned, inoperative, or dismantled shall be allowed on property.

BK 932 PG456 12. No trash, rubbish, stored materials or similar unsightly items allowed except temporary deposits of trash, rubbish, or other debris for collection by governmental or similar garbage and trash removal units.

13. No noxious, offensive, or illegal activity shall be carried on upon a lot or an assembly of a lot of reconfiguration of one or more contiguous lots, nor shall anything be done thereon which may be or become an annoyance or nuisance to any owner of all or part of the property herein described.

14. No lot or lots shall be combined or reconfigured without the prior written consent of Dan Moser Company, its successors and assigns.

15.

These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of

Pages 3–4

persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years unless the owners of at least seventy-five percent (75%) of the property shown on the recorded plat of ALEXIS POINTE SUBDIVISION sign and record an agreement terminating these covenants.

16.

Any modifications, amendment, or other change in these restrictions and covenants shall be made only with the approval of the owners of at least seventy-five percent (75%) of the property shown on the recorded plat of ALEXIS POINTE SUBDIVISION.

17.

The invalidation of unenforceability of any part thereof by judgment or order of a court of competent jurisdiction shall not adversely affect the balance of these restrictions and covenants which shall remain in full force and effect.

18. The aforesaid covenants and restrictions are imposed as part of a common development plan for the property described in Map Book Cabinet E, Pages 470, 471, 472, 473, 474, of the Union County Registry, and accordingly, shall run with the land and be enforceable by any owner of a lot or parcel of land lying within the property described in Map Book Cabinet E, Pages 470, 471, 472, 473, 474.

day of IN WITNESS WHEREOF, the parties hereto executed this Declaration under seal as of the 2nd January DAN L. MOSER CONSTRUCTION & REALTY COMPANY, INC.

By: Dar mosa President Thear restrictions are being rech. To court Natary acknowledgment originally recorded in BK-928- Ps 566 DAJI MOGER OF P.O. BOX 350 MINERAL SPRINGS, NC 28106 TEL. 784-649-2103 1997.

ATTEST: d Whit SEAL Secretary NORTH CAROLINA UNION COUNTY 1.

Joey H. Haywood a Notary Public of said County and State,

Pages 4–5

R OF P.O. BOX 350 MINERAL SPRINGS, NC 28106 TEL. 784-649-2103 1997.

ATTEST: d Whit SEAL Secretary NORTH CAROLINA UNION COUNTY 1.

Joey H. Haywood a Notary Public of said County and State, certify that Cindy Whitley personally came before me this day and acknowledged that she is Secretary of Dan L. Moser Construction & Realty Company, 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 herself as its Secretary.

Witness my hand and official stamp or seal, this the 1997.

My commission expires: 10/5/98 2nd _day of January Joy H. Haywood Notary Public The foregoing col($) of Joey H.

by Union Co., NC is are certified to be correct. This instrument and certificate are duly registered at the date and time and in the Book and Page shown on "the first page hereof.

Judy G. Price BY:.

Register of Deeds Union County, NC mayo. muito Assistant/Deputy DAN HOSE CO.

P.O BOX 250 MINERAL SPADAS, 16C 29109 TEL 704-643-2182 RECORDED AND VERIFIED J.G.P BK 1022 PG0886 AMENDMENT TO RESTRICTIVE COVENANTS FOR ALEXIS POINTE SUBDIVISION The Restrictive Covenants for Alexis Pointe Subdivision which was recorded in Map Book Cabinet E Pages 470, 471, 472, 473 and 474 on 3/4/97 is to be amended as follows: Item #1: The restrictions on a one story ranch shall contain not less than 1,200 square feet of enclosed heated living area and a one car garage. A multi-story dwelling should have a minimum area of 1,400 square feet of enclosed heated living area and a one car garage.

All other restrictions and covenants to remain the same as the original Restrictive Covenants for

Pages 5–7

g should have a minimum area of 1,400 square feet of enclosed heated living area and a one car garage.

All other restrictions and covenants to remain the same as the original Restrictive Covenants for Alexis Pointe Subdivision which was recorded in Map Book Cabinet E Pages 470, 471, 472, 473 and 474 on 3/4/97.

IN WITNESS WHEREOF, the parties hereto executed this Declaration under seal as of the day of October 23 DAN MOSER COMPANY, INC.

By: DR mo President 1997.

024632 ATTEST!

" Whit Secretary Piled for recard Date 10:30.97 Time 10:10 _o'clock A JUDY G. PRICE, Register of Deeds Union County, Monroe, North Carolina Return 40: Dan Mom Co.

POBox 350 Mineral Springs, ne 28108 MOSER CORPORAT COMPANY DAN SEAL N.C.

INC.

MOR INA 'VE BK 1022 PG0887 ONDON COUNTY Jy H. Haywood a Notary Public of said County and Sune, certify that Cindy Whitley personally came before me this day and acknowledged that she is Secretary of Dan Moser Company, Inc., a corporation, and that by authority duly given and as the art of the corporation, the foregoing instrument was signed in its name by its President; sealed with its corporate seal, and attested by herself as its Secretary.

Witness my hand and official stamp or seal, this the 23rd day of October 1997.

Ja H.

Notary Public . My commission expires: 10/5/98 The foregoing certificate(s) of Joey H.

daywood, NP of Union Co, NC is/are certified to be correct. This instrument and certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof.

Judy G. Price BY: Register of Deeds nion County, NC man Bruit Assistant/Deputy COR and VERIFISE STATE OF NORTH CAROLINA COUNTY OF UNION BK 928PG 566 Filed for record Date 12.18.96.

Time 3:15 o'clock JUDY G. PRICE, Register of Deads

eeds nion County, NC man Bruit Assistant/Deputy COR and VERIFISE STATE OF NORTH CAROLINA COUNTY OF UNION BK 928PG 566 Filed for record Date 12.18.96.

Time 3:15 o'clock JUDY G. PRICE, Register of Deads Union County, Monroe, North Carolina DECLARATION OF RESTRICTIVE COVENANTS ALEXIS POINTE SUBDIVISION REV. 7/8/96 WHEREAS, DAN L. MOSER CONSTRUCTION & REALTY CO., INC., P.O. Box 350 Mineral Springs, North Carolina is the owner of a certain tract of land located on Highway 74, Indian Trail, Vance Township, Union County, North Carolina and described in a plat recorded in the Office of the Register of Deeds of Union County, North Carolina, in Map Book Cabinet E, Page470,471,472,473,474 and designated as Alexis Pointe Subdivision.

WHEREAS, Dan L. Moser Construction & Realty Co., Inc. now desires for the use and benefit of their Company, it heirs, successors and assigns and its future grantees and lessees, to place and impose certain restrictive covenants on the subject property and the owners and holders.

NOW, THEREFORE, in consideration of the premises, and for the purpose aforesaid, Dan L. Moser Construction & Realty Co, Inc., for their Company, its heirs, successors and assigns and their future grantees and lessees, do hereby place and impose upon each lot shown on the above referenced plat and included in the subject property the following restrictive covenants for the period ending 20 years from the date hereof.

1. No dwelling erected on a lot or any plat thereof shall contain less than 1,400 square feet of enclosed heated living area for a one-story ranch. A multi-story dwelling should have a minimum area of 1,600 square feet of enclosed heated living area. The lots that border.

along Fawnbrooke Drive shall have a minimum area of 1,800 square feet of enclosed heated

Page 8

dwelling should have a minimum area of 1,600 square feet of enclosed heated living area. The lots that border.

along Fawnbrooke Drive shall have a minimum area of 1,800 square feet of enclosed heated living area. Those lots are as follows: 1, 7, 8, 16, 17, 27, 28, 40, 41, 55, 56, 81, 82, 88, 89, 95, 96, 102, 103, 109, 110, and 116. All residential dwellings must have an attached garage accommodating at least two vehicles. Only a single family dwelling and its ancillary buildings may be erected on a lot. No more than one residence may be erected on a lot. No ancillary building, as aforementioned, may be erected until construction of the dwelling has been begun.

Any dwelling or ancillary building shall be set back according to the set back lines as shown on the recorded Map Book Cabinet E Page 470,471,472,473,474 of the Union County Registry. No ancillary building shall have outside exposed concrete blocks, other than for the foundation of the building. No mobile homes will be allowed at any time.

2. The Grantee, its successors and assigns, shall grant the necessary easement for any and all utilities and telephone lines across their lot to service their lot and/or other lots within the real property described in Map Book Cabinet E Page 470,471,472,473,474 of the Union County Register of Deeds, as may be required by any utility company for sewer, telephone, cable, etc.

3. No residential building shall be located on any residential lot nearer to any street line or any adjoining property line than the building set back lines shown on the recorded map.

094373 4. All homes shall have a concrete driveway to be installed at least to the front foundation part of the house.

5.

Only household pets may be kept on a lot, and such animals may not be kept,

28 PG 567 4. All homes shall have a concrete driveway to be installed at least to the front foundation part of the house.

5.

Only household pets may be kept on a lot, and such animals may not be kept, raised or bred for any commercial purposes. Household pets shall be maintained by their owners in such manner as not to constitute or create a nuisance to other property owners within the property herein described.

6.

All lots shall be used solely for single family residential purposes only and no buildings shall be erected, placed or permitted to remain on a lot or combination of a lot and other contiguous property other than for the purpose of a single family dwelling, 7. No residence, building, structure of a temporary nature shall be erected or allowed to remain on a lot or any contiguous property, and no mobile home, trailer, basement, shack, tent, garage, barn, or other building of a similar nature shall be used as a residence on a lot, either temporarily or permanently. This section shall not prevent the use of model homes and construction trailers during the construction of residences within the subdivision.

8. Each owner shall keep his lot in an orderly condition and shall keep the improvements thereon in a suitable state of repair, promptly repairing any damage thereto by fire or other casualty. None of the following items shall be erected or located closer to the front yard than the rear comers of any dwelling erected on the lot: 9.

(a) boats and boat trailers; (b) free standing radio or television transmission or reception towers, antennas, satellite dishes or discs (only the small mini satellite dishes are allowed); (c) swimming pools; Jacuzzis, or hot tubs; (d) trampolines; (e) fences or walls

Page 9

ransmission or reception towers, antennas, satellite dishes or discs (only the small mini satellite dishes are allowed); (c) swimming pools; Jacuzzis, or hot tubs; (d) trampolines; (e) fences or walls Vehicles shall not be parked or stored on any part of the lot not improved for that purpose, i.c. garage, driveway, carport, or parking pad. This paragraph does not preclude occasional overflow for guests or other reasonable purposes.

10. No brick mailboxes are to be built by the original contractor or the homebuyer that would infringe upon any of the street right-of-ways which are listed on the recorded plai in the Union County Registry until such time that N.C.D.O.T. takes over all of the roads for maintenance.

11.

No vehicles of any type which are abandoned, inoperative, or dismantled shall be allowed on property.

12. No trash, rubbish, stored materials or similar unsightly items allowed except temporary deposits of trash, rubbish, or other debris for collection by governmental or similar garbage and trash removal units, 13. No noxious, offensive, or illegal activity shall be carried on upon a lot or an assembly of a lot of reconfiguration of one or more contiguous lots, nor shall anything be done thereon which may be or become an annoyance of nuisance to any owner of all or part of the property herein described, BK 928 PG568 " 14.

No lot or lots shall be combined or reconfigured without the prior written consent of Dan Moser Company, its successors and assigns.

all 15. These covenants are to run with the land and shall be binding upon all parties and persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for

Pages 9–10

upon all parties and persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years unless the owners of at least seventy-five percent (75%) of the property shown on the recorded plat of ALEXIS POINTE SUBDIVISION sign and record an agreement terminating these covenants.

16. Any modifications, amendment, or other change in these restrictions and covenants shall be made only with the approval of the owners of at least seventy-five percent (75%) of the property shown on the recorded plat of ALEXIS POINTE SUBDIVISION.

17. The invalidation of unenforceability of any part thereof by judgment or order of a court of competent jurisdiction shall not adversely affect the balance of these restrictions and covenants which shall remain in full force and effect.

18. The aforesaid covenants and restrictions are imposed as part of a common development plan for the property described Page 470,471,472,473,474 of the Union County Registry, and accordingly, shall run with the in Map Book Cabinet E land and be enforceable by any owner of a lot or parcel of land lying within the property described in Map Book Cabinet E Page 470,471,472,473,474.

IN WITNESS WHEREOF, the parties hereto executed this Declaration under seal as of the day of December 17, DAN MOSER COMPANY By: ATTEST 1996.

Да в mine President Shara Ball Secretary CORPORATE SEAL 70777198 Beally belak BK 928PG 569 NORTH CAROLINA UNION COUNTY I. Jocy H. Haywood State, certify that "Sharon Ball day and acknowledged that she is Secretary a Notary Public of said County and _ personally came before me this of Dan Moser Company, a

Pages 10–11

UNION COUNTY I. Jocy H. Haywood State, certify that "Sharon Ball day and acknowledged that she is Secretary a Notary Public of said County and _ personally came before me this of Dan Moser Company, 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 its corporate seal, and attested by herself as its Secretary Witness my hand and officia stamp or seal, this the, _ December 1996.

17th day of ; sealed with My commission expires: 10/5/98 J. Haywood Notary Public mail 20: Dan Moon Co PO Box 353 Mineral Springs ne 28108 RECORDED and VERRED Filed for record Date Time 3-4-97 2:00 o'clock ref Рог m STATE OF NORTH CAROLINA JUDY G. PRICE, Register of Deeds REV. 2/28/97 Union County, Monroe, North Carolina COUNTY OF UNION DECLARATION OF RESTRICTIVE COVENANTS ALEXIS POINTE SUBDIVISION WHEREAS, DAN L. MOSER CONSTRUCTION & REALTY CO., INC., P.O. Box 350 Mineral Springs, North Carolina is the owner of a certain tract of land located on Highway 74, Indian Trail, Vance Township, Union County, North Carolina and described in a plat recorded in the Office of the Register of Deeds of Union County, North Carolina, in Map Book Cabinet E, Pages 470, 471, 000333 472, 473, 474, and designated as Alexis Pointe Subdivision.

WHEREAS, Dan L. Moser Construction & Realty Co., Inc. now desires for the use and benefit of their Company, it heirs, successors and assigns and its future grantees and lessees, to place and impose certain restrictive covenants on the subject property and the owners and holders.

NOW, THEREFORE, in consideration of the premises, and for the purpose aforesaid, Dan L. Moser Construction & Realty Co, Inc., for their Company, its heirs, successors and assigns and

ners and holders.

NOW, THEREFORE, in consideration of the premises, and for the purpose aforesaid, Dan L. Moser Construction & Realty Co, Inc., for their Company, its heirs, successors and assigns and their future grantees and lessees, do hereby place and impose upon each lot shown on the above referenced plat and included in the subject property the following restrictive covenants for the period ending 20 years from the date hereof.

1. No dwelling erected on a lot or any plat thereof shall contain less than 1,400 square feet of enclosed heated living area for a one-story ranch. A multi-story dwelling should have a minimum area of 1,600 square feet of enclosed heated living area. All residential dwellings must have an attached garage accommodating at least two vehicles. Only a single family dwelling and its ancillary buildings may be erected on a lot. No more than one residence may be erected on a lot. No ancillary building, as aforementioned, may be erected until construction of the dwelling has been begun. Any dwelling or ancillary building shall be set back according to the set back lines as shown on the recorded Map Book Cabinet E, Pages 470, 471, 472, 473, 474, of the Union County Registry.

No ancillary building shall have outside exposed concrete blocks, other than for the foundation of the building. No mobile homes will be allowed at any time.

2. The Grantee, its successors and assigns, shall grant the necessary easement for any and all utilities and telephone lines across their lot to service their lot and/or other lots within the real property described in Map Book Cabinet E, Page 470, 471, 472, 473, 474, of the Union County Register of Deeds, as may be required by any utility company for sewer, telephone, cable, etc.

Page 12

thin the real property described in Map Book Cabinet E, Page 470, 471, 472, 473, 474, of the Union County Register of Deeds, as may be required by any utility company for sewer, telephone, cable, etc.

3. No residential building shall be located on any residential lot nearer to any street line or any adjoining property line than the building set back lines shown on the recorded map.

: BK948PG361 4. All homes shall have a concrete driveway to be installed at least to the front foundation part of the house.

5.

Only household pets may be kept on a lot, and such animals may not be kept, raised or bred for any commercial purposes. Household pets shall be maintained by their owners in such manner as not to constitute or create a nuisance to other property owners within the property herein described.

6. All lots shall be used solely for single family residential purposes only and no buildings shall be erected, placed or permitted to remain on a lot or combination of a lot and other contiguous property other than for the purpose of a single family dwelling.

7.

No residence, building, structure of a temporary nature shall be erected or allowed to remain on a lot or any contiguous property, and no mobile home, trailer, basement, shack, tent, garage, barn, or other building of a similar nature shall be used as a residence on a lot, either temporarily or permanently. This section shall not prevent the use of model homes and construction trailers during the construction of residences within the subdivision.

8.

Each owner shall keep his lot in an orderly condition and shall keep the improvements thereon in a suitable state of repair, promptly repairing any damage thereto by fire or other casualty.

Pages 12–13

vision.

8.

Each owner shall keep his lot in an orderly condition and shall keep the improvements thereon in a suitable state of repair, promptly repairing any damage thereto by fire or other casualty.

None of the following items shall be erected or located closer to the front yard than the rear corners of any dwelling erected on the lot: 9.

(a) boats and boat trailers; (b) free standing radio or television transmission or reception towers, antennas, satellite dishes or discs (only the small mini satellite dishes are allowed); (c) swimming pools; Jacuzzis, or hot tubs; (d) trampolines; (e) fences or walls Vehicles shall not be parked or stored on any part of the lot not improved for that purpose, i.e. garage, driveway, carport, or parking pad. This paragraph does not preclude occasional overflow for guests or other reasonable purposes.

10. No brick mailboxes are to be built by the original contractor or the homebuyer that would infringe upon any of the street right-of-ways which are listed on the recorded plat in the Union County Registry until such time that N.C.D.O.T. takes over all of the roads for maintenance.

11.

No vehicles of any type which are abandoned, inoperative, or dismantled shall be allowed on property.

12. No trash, rubbish, stored materials or similar unsightly items allowed except temporary deposits of trash, rubbish, or other debris for collection by governmental or similar garbage and trash removal units.

BK948PG362 13. No noxious, offensive, or illegal activity shall be carried on upon a lot or an assembly of a lot of reconfiguration of one or more contiguous lots, nor shall anything be done thereon which may be or become an annoyance or nuisance to any owner of all or part of the property herein described.

lot of reconfiguration of one or more contiguous lots, nor shall anything be done thereon which may be or become an annoyance or nuisance to any owner of all or part of the property herein described.

14. No lot or lots shall be combined or reconfigured without the prior written consent of Dan Moser Company, its successors and assigns.

15. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years unless the owners of at least seventy-five percent (75%) of the property shown on the recorded plat of ALEXIS POINTE SUBDIVISION sign and record an agreement terminating these covenants.

16.

Any modifications, amendment, or other change in these restrictions and covenants shall be made only with the approval of the owners of at least seventy-five percent (75%) of the property shown on the recorded plat of ALEXIS POINTE SUBDIVISION.

17.

The invalidation of unenforceability of any part thereof by judgment or order of a court of competent jurisdiction shall not adversely affect the balance of these restrictions and covenants which shall remain in full force and effect.

18. The aforesaid covenants and restrictions are imposed as part of a common development plan for the property described in Map Book Cabinet E, Pages 470, 471, 472, 473, 474, of the Union County Registry, and accordingly, shall run with the land and be enforceable by any owner of a lot or parcel of land lying within the property described in Map Book Cabinet E. Pages 470, 471, 472, 473, 474.

day of

Pages 14–15

ry, and accordingly, shall run with the land and be enforceable by any owner of a lot or parcel of land lying within the property described in Map Book Cabinet E. Pages 470, 471, 472, 473, 474.

day of IN WITNESS WHEREOF, the parties hereto executed this Declaration under seal as of the March 3 DAN L. MOSER CONSTRUCTION & REALTY COMPANY, INC.

By: Da more Président Rettern to DAN MOSER CO.

P.O. BOX 350 MINERAL SPRINGS, NC 28166 TEL. 704-843-2182 1997.

ATTEST: Cindy OSER CONST WAN K & REALTY CO.

SEAL N.C BK948PG363 NORTH CAROLINA UNION COUNTY 1. Joey H. Hayword a Notary Public of said County and State, certify that Cindy Whitley personally came before me this day and acknowledged that she is Secretary of Dan L. Moser Construction & Realty Company, 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 herself as its Secretary.

my Witness hand and official stamp or seal, this the 1997.

My commission expires: 10/5/98 3rd.

_day of March Jo H. Haywood Notary Public The foregoing certificate(s) of, of Haywood he islare certified to be corrgal. This instrument and certificate are duly registered at the wate and time and in the Book and Fage shewn br the first page hereof, Judy G. Price BY: Parian Register of Deeds Union Geanty, Ants BK 1007PG 491 AMENDMENT TO RESTRICTIVE COVENANTS FOR ALEXIS POINTE SUBDIVISION The Restrictive Covenants for Alexis Pointe Subdivision which was recorded in Map Book Cabinet E Pages 470, 471, 472, 473 and 474 on 3/4/97 is to be amended as follows: Item #1: The restrictions on a one story ranch shall contain not less than 1,300 square feet of

Pages 15–16

s recorded in Map Book Cabinet E Pages 470, 471, 472, 473 and 474 on 3/4/97 is to be amended as follows: Item #1: The restrictions on a one story ranch shall contain not less than 1,300 square feet of enclosed heated living area and a two car garage. A multi-story dwelling should have a minimum area of 1,500 square feet of enclosed heated living area and a two car garage.

All other restrictions and covenants to remain the same as the original Restrictive Covenants for Alexis Pointe Subdivision which was recorded in Map Book Cabinet E Pages 470, 471, 472, 473 and 474 on 3/4/97.

was of IN WITNESS WHEREOF, the parties hereto executed this Declaration URAS COMPANY the day of 8/27 DAN MOSER COMPANY, INC.

L By: Dan & masa President 1997.

ATTEST: (Please return the recorded document to: Dan Moser Const.

P.O.Box 350 Mineral Springs, NC. 28108) · C 020221 MOS DAN CORPORAT SEAL Sheth N.C.

Fried for record Date 9.5.90 Time 12:00 INC.

o'clock Pm JUDY G. PRICE, Register of Deeds Union County, Monice, North Carolina BY NORTH CAROLINA BK1007PG 492 UNION COUNTY I, Joey H. Haywood a Notary Public of said County and State, certify that Cindy Whitley personally came before me this day and acknowledged that she is Secretary of Dan Moser Company, 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 herself as its Secretary.

Witness my hand and official stamp or seal, this the 27th day of August 1997.

My commission expires: 10/5/98 Jo H. Haywood Notary Public The foregoing certificate(s) of Joy 7. Jaywood, we of imion & RC is/are certified to be correct. This instrument and certificate are duly registered at the date

Pages 16–18

es: 10/5/98 Jo H. Haywood Notary Public The foregoing certificate(s) of Joy 7. Jaywood, we of imion & RC is/are certified to be correct. This instrument and certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof.

Judy G. Price BY: Register of Deeds Union County, NC Serena Ciocca - Assistant/Deputy BK 1088 PG0858 Rre Filed for record Date 4.3098 Time 12:00 25 _o'clock m JUDY G. PRICE, Register of Deeds Union County, Monroe, North Carolina AMENDMENT TO RESTRICTIVE COVENANTS FOR ALEXIS POINTE SUBDIVISION The Restrictive Covenants for Alexis Pointe Subdivision which was recorded in Map Book Cabinet E Pages 470, 471, 472, 473, and 474 on 3/4/97 is to be amended as follows: Item #1: None of the following items shall be erected or located closer to the front yard than the front corners of any dwelling erected on the lot: (a) free standing radio or television transmission or reception towers, antennas, satellite dishes or discs; (b) swimming pools, Jacuzzis, or hot tubs; (c) trampolines; (d) fences or walls.

All other restrictions and covenants to remain the same as the original Restrictive Covenants for Alexis Point Subdivision which was recorded in Map Book Cabinet E Pages 470, 471, 472, 473, and 474 on 3/4/97.

of the IN WITNESS WHEREOF, the parties hereto executed this Declaration under seal as day of 1998.

DAN MOSER COMPANY, INC.

By: Dan Lo President return to: Dan Moser Company P. O. Box 350 Mineral Springs, NC 28108 043085 ATTEST: 'n With Secretary ROSER DAN COMPANY ORPORAT SEAL N.C.

RECORDED AND VERIFIED MAM ' NORTH CAROLINA BK 1088 PG0859 UNION COUNTY 1. Joey H. Haywood , a Notary Public of said County and State, certify that Cindy Whitley personally came before me this day and acknowledged that she is Secretary of

OLINA BK 1088 PG0859 UNION COUNTY 1. Joey H. Haywood , a Notary Public of said County and State, certify that Cindy Whitley personally came before me this day and acknowledged that she is Secretary of Dan L. Moser Construction & Realty Company, 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 herself as its Secretary.

Witness my hand and official stamp or seal, this the 1998.

My commission expires: 10/5/98 30th day of April Jay H. Haywood Notary Public NORTH CAROLINA - UNION COUNTY The foregoing certificate(e) of Joey Haywood _Notary Public of Unio Colx is/are certified to be correct. Filca for record this 30 day of April 1998 at 12:00pm.

JUDY G. PRICE, REGISTER OF DEEDS Serena Ciocca BY: West/Dept.