BOOK 2148 PAGE 01 3 3 Prepared by Daniel D. Mahn, Attorney at Law 97 MAR 4 PM 152 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECORDED AND VERIFIED MARY SUE GOTS REGISTER OF DEEDS NEW HANOVER CO. NG AMENDMENT OF DECLARATION OF RESTRICTIONS ОР SECTION 2 OF BROOKFIELD SUBDIVISION THIS AMENDMENT OF DECLARATION OF RESTRICTIONS OF SECTION 1 OF BROOKFIELD SUBDIVISION, made and entered into this March 4th 1997, by and between the undersigned Lot Owners Section 1 of Brookfield Subdivision; .
day of in 000280 WITNESSETH: THAT WHEREAS, A.H. Harrell and wife, Rosa Mae Harrell, were the developers of a subdivision known as SECTION 1 OF BROOKFIELD SUBDIVISION , as shown on a map recorded in Map Book 8 at Page 54 of the New Hanover County Registry; and WHEREAS, on May 29, 1964, the said A.H. Harrell and wife, Rosa Mae Harrell , conveyed Lot 2, in Section 1 of Brookfield Subdivision by deed recorded in Book 753 at Page 43, of the New Hanover County Registry; and WHEREAS, the aforesaid deed contained certain restrictive covenants pertaining to the use of said lot and the construction of a house on such lot; and WHEREAS, all subsequent conveyances of lots in Section 1 Brookfield Subdivision prior to February 13, 1967, contained the of same restrictive covenants referenced above; and WHEREAS, on February 13, 1967, the said A.H. Harrell and wife, Rosa Mae Harrell, caused to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, Restrictions for SECTION 1 OF BROOKFIELD SUBDIVISION, which said a Declaration of Declaration of Restrictions applies to all lots sold in the said Section 1 of said subdivision, is an Restrictive Covenants recorded in the aforesaid deed recorded in incorporation of those Book
on of Declaration of Restrictions applies to all lots sold in the said Section 1 of said subdivision, is an Restrictive Covenants recorded in the aforesaid deed recorded in incorporation of those Book 753 at Page 43 of the New Hanover County Registry, and which Declaration is recorded in Book 805 at Page 131 of the New Hanover County Registry ; and WHEREAS, Restriction 3 of said Declaration of Restrictions states, among other things, that "...
No building of any kind may be erected, altered, placed upon, or permitted to remain on this lot the exterior finish of which is not constructed principally of either brick, brick veneer, or stone, however, this does not prohibit the use of wood and other standard building materials in the construction of the roof, windows and doors, gables, upper stories, etc."; and Brookfield WHEREAS, several houses have been built within Subdivision which have exterior finishes that are constructed of wood, vinyl siding, and other building materials that are modern and attractive, and do not interfere with the harmonious development of the subdivision, but the exterior finishes of which would be a technical violation of the recorded Declaration of Restrictions; and RETURNED TO DANIEL D. MAHN 458350 1 BOOK PAGE 0134 2148 WHEREAS, Restriction 13 of said Declaration of Restrictions states that " These covenants are to run with the land and shall be binding on the purchasers of this lot and all parties and all persons claiming under them for a period of ten years from the date hereof; after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of lots in "Brookfield" Subdivision is recorded which changes said covenants
for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of lots in "Brookfield" Subdivision is recorded which changes said covenants in whole or in part ....."; and WHEREAS, a majority of the owners of the lots in Section 2 of Brookfield Subdivision have adopted an amendment to the Declaration of Restrictions for Section 2 allowing the incorporation of modern construction materials , including wood and vinyl, as hereinafter set out; and WHEREAS, the undersigned Lot Owners, recognizing the nature of the modern development of the said subdivision regarding modern construction materials, exterior finishes, and house plans and designs, now desire to amend Restriction Number 3 as hereinafter set out, pursuant to Restriction Number 13 of the said Declaration of Restrictions.
OF NOW THEREFORE, the undersigned, being the owners of a majority in amount of lots in Section 1 of Brookfield Subdivision, do hereby amend Restriction Number 3 of that certain DECLARATION RESTRICTIONS of SECTION 1 OF BROOKFIELD SUBDIVISION as recorded in Book 805 at Page 131 of the New Hanover County Registry, follows: ав "3. Any dwelling constructed on any lot shall contain not less than one thousand one hundred fifty (1,150) square feet of floor space of living area if there is not constructed with the house either a garage, carport, or a covered porch having not less hundred twenty (120) square feet of floor space. If the dwelling than one constructed on the lot has either a garage, carport, or a covered porch having not less than one hundred twenty (120) square feet of floor space, then the dwelling itself may be constructed as long as it contains not less than one thousand fifty (1,050) square feet of floor space of living
an one hundred twenty (120) square feet of floor space, then the dwelling itself may be constructed as long as it contains not less than one thousand fifty (1,050) square feet of floor space of living area, but in computing the 1,050 square feet of floor space of living area, the garage, carport, porch shall not be included.
or covered No building of any kind may be erected, altered, placed upon, or permitted to remain on any lot the exterior finish of which is not constructed principally of either brick, brick veneer, stone, wood frame, masonite or masonite type hard-board , vinyl, ΟΙ similar modern standard building materials."
It is understood and agreed that all remaining restrictions contained in that certain DECLARATION OF RESTRICTIONS of SECTION 1 OF BROOKFIELD SUBDIVISION recorded in Book 805 at Page 131 of the New Hanover County Registry shall remain in full force and effect, and are incorporated herein by reference as if fully set out.
IN WITNESS WHEREOF, the undersigned owners have hereunto set their hands and seals, and, if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, all the day and year first above written.
John Jphur C. Moore Loona Pinckney Witness Witness (SEAL) Owner (Lot 32) (SEAL) Lot Owner (Lot 2 BOOK 2148 Довил с. Може Witness Jom C.
Witness PAGE 0 13 5 Mary E. B Mane Mu D John C. M Witness Witness Цвет стои Witness John C. Mome Witness Witness John C. More Witness Witness Am C. More C. Mr Witness Нови с. Може Witness Je C. Moore Witness Нови с. Моол Witness (SEAL) E Brown Lot Owner (Lot33) Joule Butt Downld Butte, Patut Pat Butler ' (SEAL) Lot Owner (Lot) (SEAL) Lot Owner (Lot 34) (SEAL)
tness Нови с. Може Witness Je C. Moore Witness Нови с. Моол Witness (SEAL) E Brown Lot Owner (Lot33) Joule Butt Downld Butte, Patut Pat Butler ' (SEAL) Lot Owner (Lot) (SEAL) Lot Owner (Lot 34) (SEAL) (J.D.FAN, Lot Owner (Lot 23) bakin Reba Eakins.
Teresa Flynn Terese Flym El (SEAL) ' Lot Owner (Lot 23) (SEAL) Lot Owner (Lot 24) (SEAL) Edmund FlyNN, Lot Owner (Lot 24) Patricia Connelly (SEAL) Patricia Connelly. Lot Owner (Lot 25 (SEAL) William N CONNelly JR., Lot Owner (Lot 25 P Pick Blick H. Stevees.
(SEAL) Patrick H. Steves, Lot Owner (Lot 30) .
(SEAL) Patrick H. Stovers, Lot Owner (Lot 31) HE HE LANCASTER l .
(SEAL) Lot Owner (Lot 27) (Seal).
EVANSINE H. LANCAST Rot Owner (Lot 278 Chi ll k 2.
Witness Witness Witness Witness Witness Witness Witness a Willage (SEAL).
Treeman, Lot Owner (Lot21) Dogothy Lois byman (SEAL) B. Overman Lot Owner (Lot21 (SEAL) Joseph B. SOUTHER Lot Owner (Lot 20) (SEAL) Cozette I Southeuland, et Owner (Lot (9) x Couth Southerland (SEAL) CORET Dot Owner (Lot (9) Bask (SEAL) Dorward F. L (SEAL) NoRuced fenis, Lot Owner Edna Lewis Challa Witness .
Catherine bass (Lot.
17 (SEAL) Lot Owner (Lot 17 (SEAL) Catherine BASS, Lot Owner (Lot (4) 3 PAGE า al.c Mahall BOOK 12148 Chida" Witness аи 0146 Witness Witness W Witnes (SEAL) DENNIS Allen Owner (Lot (5) Linda (SEAL) Marshall. Lot Owner (Lot 45) (SEAL) "LOYD E. A Lot Owner (Lot 14) und ander Deborah A. Andy (SEAL) Lot Owner (Lot (SEAL) Witness Witness " Witness Witness Witness Aubra C.Joys, Lot Owner (Lot 49 Barbara B. Jones) Barbara B. Jones Lot Owner la alla a Sandra Honel (SEAL) (Lot 40) (SEAL) Sandra Horkell Lot Owner (Lot 5) (SEAL) Hurkey, Lot Owner (Lot 51 Juy Houck Robert S. McDaniels (SEAL) Carl Willen nie . Bun Robert S. McDaniel J, Lot Owner (Lot q) Witness
onel (SEAL) (Lot 40) (SEAL) Sandra Horkell Lot Owner (Lot 5) (SEAL) Hurkey, Lot Owner (Lot 51 Juy Houck Robert S. McDaniels (SEAL) Carl Willen nie . Bun Robert S. McDaniel J, Lot Owner (Lot q) Witness Witness tres John C. M C.
Witness Witness John C.
Witness Witness Witness Witness Witness (SEAL) ANNIE P. BUNN, Lot Owner (Lot 8) У Elmer R. Coates Elmer R. Coates, Lot Owner (Lot D. Gates (SEAL) (SEAL) ·EHA D. CoAtes Lot Owner (Lot 6) (SEAL) Lot Owner (Lot 3) (SEAL) Sage House W Lot Owner (Lot 38) e Banhill (SEAL) Helen Barot Owner (Lot (3) CM + .
C. Mo C. Mor Jah C. Moors Witness Witness Witness of C.
(SEAL) Lot Owner (Lot 43) (SEAL) Galen E. 6/11, Lot Owner (Lot (6) + Nancy K. Gill (SEAL) Nandyk Gill, Lot Owner (Lot 26 (SEAL) Jannes Patricia A. West James W. West 25 Owner (Lot 1) (SEAL) PATRICIA A Westbrook, Lot Owner (Lot 1 (SEAL) Pines W. WESTbRawk Lot Owner (Lot 2) C. Moore Duc (SEAL) Patricia A. Westbrook Lot Owner (Lot 2) 4 John Witness BOOK 2148 C. Moore John C. Moore Witness Witness PAGE 0137 Carolyn S. Parker (SEAL) Carolyn S. Parker, Lot Owner (Lot ✓) WALE PARKER, Lot Owner Church of God at Brookfield By mills (SEAL) (Lot 5) (SEAL) (SEAL) C.W. Hiles, Trustee " Lot Owner (Lot 28 )* Church of God at Brookfiel (SEAL) By: (SEAL).
Witness Charles A. Wallace, Trusteot Owner (Lot 28) Church of God at Brookfield (SEAL) By: Charlie M Bulloch (SEAL)* Witness Charlie H. Bullock, Jr, Lot Owner (Lot 28) Trustee (SEAL) Witness Lot Owner (Lot (SEAL) Witness Lot Owner (Lot _) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Daniel D. Mahn a Notary Public of the County and State aforesaid, certify that L.W. Miles, Trustee; Charles A. Wallace, Trustee; Charlie M. Bullock, Jr., Trustee ňally appeared before me this day and acknowledged the due
ary Public of the County and State aforesaid, certify that L.W. Miles, Trustee; Charles A. Wallace, Trustee; Charlie M. Bullock, Jr., Trustee ňally appeared before me this day and acknowledged the due on of the foregoing instrument. Witness my hand and official or seal, this 4th day of March Commission Expires: 10/16/2000 1997.
долоня Notary Publi STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I. Alice C Bulloch a Notary Public in and for the County and State aforesaid, do hereby certify that John C. Mesic & Charles A. Wallace.
personally appeared before me this day and, being duly sworn, acknowledged that he personally saw Leona Pinckney, Mary E. Brown, Donald Butler, Pat Butler, J.D. Eakins, Reba Eakins, Teresa Flynn, Edmund Flynn, Patricia H. Connelly, William N. Connelly, Jr., Patrick H. Stevens, H.E. Lancaster, Evangeline H. Lancaster, C.T. Overman, Lois Murray, Joseph B. Southerland, Cozette J. Southerland, Albert Bass, Norwood F. Lewis, Edna Lewis, Catherine Bass, D.A. Marshall, Linda G. Marshall, Lloyd E. Andrews, Deborah Andrews.
My Commission Experis 1-10-98 Butlich 5 BOOK 2148 PAGE 0138 Aubrey C. Jones, Barbara B. Jones, Sandra Horell, Jimmy Horell, Robert S.
McDaniel, Jr., Annie P. Bunn, Elmer R. Coates, Etta D. Coates, June Young, George Howard, Jr., Helen Barnhill, Galem B. Gill, Nancy K. Gill, Ja Westbrook, Patricia A. Westbrook, Carolyn S. Parker, Wade L. Parker, Charles T. Overman, Dorothy B. Overman the aforesaid Lot Owners, sign the hereinabove instrument they personally acknowledged the due execution by each the foregoing instrument for the purposes therein Witness my hand and notarial seal this чи day of My Commission Expires: 1-10-98 Alien C. Bull Notary Public STATE OF NORTH CAROLINA New Hanover County The Foregoing/ Annexed Certificate(s) of
therein Witness my hand and notarial seal this чи day of My Commission Expires: 1-10-98 Alien C. Bull Notary Public STATE OF NORTH CAROLINA New Hanover County The Foregoing/ Annexed Certificate(s) of Daniel D MAHAL Alice C Bullock Notary (Notaries) Public is/ are certified so be correct 4 day of Mar lafy Sue Outs, Rister of Deeds Safricia Darnes Depply/Assistant 6 1997