3/20 2003075563 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN NEW HANOVER COUNTY, NC 2003 NOV 24 04.26 10 PM BK 4106 PG 765-768 FEE $20 00 INSTRUMENT #2003075563 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS AND BY-LAWS FOR CYPRESS GREEN ALL SECTIONS THIS AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASMENTS AND RESTRICTIONS AND BY-LAWS OF CYPRESS GREEN, ALL SECTIONS said restrictions being recorded in Book 2252, Page 522, Book 2348, Page 0021, Book 2403, Page 600, Book 2417, Page 198, Book 2485, Page 496, Book 2449, Page 555, Book 2620, Page 612, Book 2630, Page 1012, Book 2675, Page 417, Book 3275, Page 499, Book 3418, Page 747, Book 3787, Page 200, and Book 4096 Page 640 of the New Hanover County Registry WITNESSETH WHEREAS, the Declaration of Covenants, Conditions and Restrictions for CYPRESS GREEN, are recorded in are herinabove set forth, and WHEREAS, the By-Laws for Cypress Green are attached to the restrictions recorded in Book 2252, Page 522, and WHEREAS, Article VII, of said Declaration of Covenants, Conditions, Easements and Restrictions provides, among other things, that the Declarant may amend, at its discretion, the restrictions at any time without the consent of any lot owners until December 31, 2004, NOW, THEREFORE, pursuant to and in compliance with Article VII,4(c) of the Declaration of Covenants, Conditions, and Restrictions of CYPRESS GREEN as recorded in Book 2252, Page 522, Book 2348, Page 0021, Book 2403, Page 600, Book 2417, Page 198, Book 2485, Page 496, Book 2449, Page 555, Book 2620, Page 612, Book 2630, Page 1012, Book 2675, Page 417, Book 3275, Page 499, Book 3418, Page 747 and Book 3787, Page 200 and Book. 4096 Page 640 _ of the New
85, Page 496, Book 2449, Page 555, Book 2620, Page 612, Book 2630, Page 1012, Book 2675, Page 417, Book 3275, Page 499, Book 3418, Page 747 and Book 3787, Page 200 and Book. 4096 Page 640 _ of the New Hanover County Registry are amended, as follows ARTICLE III, HOMEOWNERS ASSOCIATION, MEMBERSHIP AND VOTING RETURNED TO песа Валшо RIGHTS, Section 2, is to be amended to read, as follows "Section 2 Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and By-Laws, PROVIDED, HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the Declarant until such time as 90% of the undeveloped property in adjoining sections owned by Declarant have been sold and conveyed by the Declarant to purchasers or until June 30, 2009, whichever occurs first Management and control may be transferred to the lot owners at any time, by the Declarant, at Declarant's discretion, but in all events, no later than 120 days after the happening of the earlier of the above events" ARTICLE V, USE RESTRICTIONS, SECTION 2, PARAGRAPH C, the last sentence of the paragraph shall be amended to read, as follows "All detached single family residences must have a minimum double wide concrete driveway" ARTICLE V, USE RESTRICTIONS, SECTION 5, shall be amended to read "Section 5. No fence, wall, or hedge in excess of six (6) feet in height shall be erected or permitted on any lot No fence, wall or hedge, or any portion of a fence erected shall be closer to the front line of any lot than the front corner of any dwelling erected upon said lot All fences shall be wood and shall be stained in a color to match the house No brick,
e erected shall be closer to the front line of any lot than the front corner of any dwelling erected upon said lot All fences shall be wood and shall be stained in a color to match the house No brick, stucco, chain link or wire fence shall be allowed unless approved by the Architectural Review Committee " ARTICLE VIII, AMENDMENTS, the first line of the section shall be amended to read, as follows "At any time prior to December 31, 2009 AS TO THE BY-LAWS ARTICLE III, BOARD OF DIRECTORS, Section 1, shall be changed as follows “Section 1 MANAGEMENT AND CONTROL Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and By-Laws, PROVIDED, HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the Declarant until such time as 90% of the undeveloped property in adjoining sections owned by Declarant have been sold and conveyed by the Declarant to purchasers or until June 30, 2009, whichever occurs first Management and control may be transferred to the lot owners at any time, by the Declarant, at Declarant's discretion, but in all events, no later than 120 days after the happening of the earlier of the above events" ARTICLE VI, OPERATION OF PROPERTY, Section 8, Paragraph A shall be changed to read, as follows A INDIVIDUAL LOTS All maintenance of and repairs to each individual lot, structural or non-structural, ordinary or extraordinary, (other than maintenance of and repairs to any common elements contained therein not necessitated by the negligence, misuse, or neglect of the owner of such lot) shall be made by the owner of such lot with the exception of with respect to residential lots, the association shall maintain the front yard of all of said
misuse, or neglect of the owner of such lot) shall be made by the owner of such lot with the exception of with respect to residential lots, the association shall maintain the front yard of all of said lots, with respect to townhouses and condominiums, the association shall pay a portion of the townhome lawn maintenance for the portion that would 2 be considered the front yard for mowing and edging only Each lot owner shall be responsible for all damages to any other lot and to the common elements resulting from his failure to effect such maintenance and repairs ARTICLE VI, OPERATION OF PROPERTY, Section 14, Paragraph C, IS amended to include the retention pond follows ARTICLE XI, AMENDMENT TO BY-LAWS, Section 1, is changed to read, as "Any time prior to December 31, 2009, these By-Laws may be amended by the developer/declarant " Except as amended hereby, the Declaration of Covenants, Conditions, Easements and Restrictions of CYPRESS GREEN as hereinabove referenced shall remain in full force and effect IN TESTIMONY WHEREOF, CYPRESS GREEN DEVELOPMENT, INC, Developer/Declarant and has caused this instrument to be executed on this 20th day of nov., 2003 CYPRESS GREEN, INC By President STATE OF NORTH CAROLINA COUNTY OF New Hanover 1, IM Turner and State aforesaid do hereby certify that.
a Notary Public in and for the County STEVE MILLER _personally appeared before me this day and acknowledged that she is President of CYPRESS GREEN, INC, a North Carolina corporation, and acknowledged on behalf of the due execution of the foregoing instrument WITNESS my hand and notarial stamp or seal this the day of. 20th Nov.
2003 TURNER NOTARY PUBLIC COUNT My Commission Expires. 9/24/05 д NOTARY PUBLIC 3 NEW HANO * STATE OF COUNTY NORTH + CAROLINA REBECCA T CHRISTIAN
seal this the day of. 20th Nov.
2003 TURNER NOTARY PUBLIC COUNT My Commission Expires. 9/24/05 д NOTARY PUBLIC 3 NEW HANO * STATE OF COUNTY NORTH + CAROLINA REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration.
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RE 4106 Page 765-768 2003075563 AMD COV 4 PGS $20.00 Recorder KIMBERLY K CARDER State of North Carolina, County of New Hanover The foregoing certificate of J M TURNER Notary is certified to be correct This 24TH of November 2003 REBECCA T. CHRISTIAN, REGISTER OF DEEDS By Kimberly K. Carder Deputy Assistant Register of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
2003075563