2500.
RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NC Jun 28 344 PH '89 Bour - AGE 1464 1466 142 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOX RUN FARM This Declaration, made the 28 SECTION 1 day of July, 1989, by TERRY F. TURNER & CO., a North Carolina Corporation, hereinafter referred to as "Declarant" (whether one or more); WITNESSETH: Whereas, Declarant is the owner of certain real property in Masonboro Township, New Hanover County, North Carolina, which is more particularly described as follows: Being all of Section 1 of Fox Run Farm, as shown on the plats thereof recorded or to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plats reference is hereby made for a more particular description.
Now, therefore, Declarant hereby declares that all of the Properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
SECTION 1.
ARTICLE I.
DEFINITIONS Association shall mean and refer to Fox Run Farm HOA, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized for the mutual benefit and protection of the Properties. All property owners of lots in Fox Run Farm and any adjoining areas hereafter developed and subjected to this Declaration, if any, shall be
zed for the mutual benefit and protection of the Properties. All property owners of lots in Fox Run Farm and any adjoining areas hereafter developed and subjected to this Declaration, if any, shall be members of the Association, which membership shall be appurtenant to and may not be separated from the ownership of such single family or multi-family lot.
SECTION 2. Owner shall mean and refer to the record owner, whether one or more persons or entitles, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
hereSECTION 3. Properties shall mean and refer to all of Fox Run Farm, as described above, and any of the additional properties that may after be brought within the jurisdiction of the Association as herein ed.
now to providare SECTION 4. Additional Properties shall mean and refer to any lands adjoining the Properties or within a one mile radius thereof which owned or may be hereafter acquired or developed by Declarant and annexed and made a part of the Properties by the Declarant and subjected to this Declaration without the assent or vote of the Owners of lots as hereinafter provided. The annexation of such Additional Properties shall become effective by the recording by the Declarant of an amended declaration for each new section annexed.
Draftsman: DAVID C. BAREFOOT HETHEMED TO De Buccy BURNEY, BURNEY, BAREFOOT & BAIN 110 North Fifth Avenue/Post Office Box 89 Wilmington, North Carolina 28402 161173 BOOK PAGE 1464 1467 each lot SECTION 5. Built Upon Area shall mean that portion of that is covered by impervious or partially impervious cover, including build-
Wilmington, North Carolina 28402 161173 BOOK PAGE 1464 1467 each lot SECTION 5. Built Upon Area shall mean that portion of that is covered by impervious or partially impervious cover, including building, pavement, recreational facilities, etc., but not including decking. The built upon area for each lot shall not exceed 2700 square feet, unless and until, the State of North Carolina shall revise its storm water runoff regulations to permit a greater built upon area for each lot.
SECTION 6. Common Area shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot shall be all the area designated as "Common Area" on the plan of Fox Run Farms, Section 1, if any.
SECTION 7. Amenities shall mean the facilities constructed, erected, or installed on the Common Area for the use, benefit and enjoyment of Members. The amenities for Fox Run Farm shall consist of a clubhouse and a swimming pool with decks around it, and two (2) tennis courts, all of which shall be constructed when 82 lots have been sold. Construction may be started on the amenities at any time, but will commence no later than 30 days after receipt of a deposit for purchase of the 82nd lot in the Properties, and will be completed within 12 months after commencement.
SECTION 8. Lot shall mean and refer to any of the numbered lots in Fox Run Farm, Section 1.
SECTION 9. Declarant shall be used interchangeably with "Developer" (which designations may be used herein in the third person neuter for convenience only, but such terms shall include singular, plural, masculine and neuter as required by the context) to mean and refer to Terry F. Turner & Co.,
used herein in the third person neuter for convenience only, but such terms shall include singular, plural, masculine and neuter as required by the context) to mean and refer to Terry F. Turner & Co., a North Carolina corporation, its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant for the purpose of development.
SECTION 10. Declaration shall mean this Instrument as it from time to time amended or supplemented.
may be beneSECTION 11. Membership shall mean and refer to the rights, fits, duties and obligations, evidenced by an appropriate certificate, which shall inure to the benefit of and burden each member of the Association.
SECTION 12. Hember shall mean and refer to every person or entity who has a membership in the Association.
ARTICLE II.
PROPERTY RIGHTS SECTION 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: assessment A. The right of the Association to suspend the voting rights and privileges by an Owner for any period during which any against his Lot remains unpaid and for a period not to exceed sixty (60) for any infraction of the published rules and regulations; days B. The right of the Association to mortgage or convey the Common Areas, or to dedicate or transfer all or part of the Common Area, if any, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective until approved by vote of at least two-thirds (2/3) of the members, excluding the developer, as indicated in an instrument
e agreed to by the members. No such dedication or transfer shall be effective until approved by vote of at least two-thirds (2/3) of the members, excluding the developer, as indicated in an instrument executed by the corporation and recorded in the New Hanover County Registry.
C. The right of the Association to impose regulations for the use and enjoyment of the Common Area, if any, and improvements thereon, which regulations may further restrict the use of the Common Area.
-2Bou⑈ AGE 1464 1468 ARTICLE III.
EASEMENTS SECTION 1. Perpetual, alienable easements are reserved as necessary in the Properties and the Common Areas thereof for the installation and maintenance of underground utilities and drainage facilities.
SECTION 2. Sewer Service. All lots will be tied into the New Hanover County Sewer System. All sewer tap fees and monthly charges for sewer service will be the responsibility of each individual lot owner.
ARTICLE V.
MEMBERSHIP AND VOTING RIGHTS be SECTION 1. Every Owner of a lot in the Properties shall be a member of the Association. Membership shall be appurtenant to and may not separated from ownership of any lot.
SECTION 2. Each member shall be entitled to one vote in the affairs of the Association for each lot owned. When more than holds an interest in any lot, all such persons shall be members.
such lot shall be exercised as they among themselves determine, event shall more than one (1) vote be cast with respect to any lot.
ARTICLE VI.
MANAGEMENT AND CONTROL one person The vote for but in no Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and the By-Laws; PROVIDED, HOWEVER, that all of the powers and duties of
affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and the 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 lots in Section 1 and 90% of the undeveloped property in adjoining sections owned by Declarant have been sold and conveyed by the Declarant to purchasers or until December 31, 1999, whichever occurs first. Management and control may be transferred to the lot owners at any time but in all events, no later than 120 days after the happening of the earlier of the above events.
ARTICLE VII.
COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot by acceptance of a deed therefrom, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A.
Annual assessments or charges, and B.
Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and C. Insurance assessments; and D.
To the appropriate governing taxing authority, a pro rata share of ad valorem taxes levied against the Common Area.
The annual, special and insurance assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who the Owner of such property at the time when the assessment fell due. The
sessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
was -3SECTION 2.
Association shall be BOO PAGE 1464 1469 Purpose of Assessments. The assessments levied by the used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of all easements, utilities and the Common Areas. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Maintenance and improvements of the common areas, streets, roads, drives, drainage and utility easements and rights of way enforcing these restrictions; and, in addition, doing any other things necessary or desirable in the opinion of the Association to keep the property in neat and good order and to provide for the health, welfare and safety of Owners and residents of Fox Run Farm.
the SECTION 3. Annual Assessments. Annual assessments shall be in an amount to be fixed from year to year by the Board of Directors which may establish different rates from year to year as it may deem necessary for purposes set forth in Section 2 above. The amount of the annual assessment against each lot for any given year shall be fixed at least 30 days in advance of the annual assessment period; provided, however, that the first annual assessment shall be set prior to the conveyance of the first lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to
od; provided, however, that the first annual assessment shall be set prior to the conveyance of the first lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their lots. Written notice of each annual assessment thereafter shall be sent to every Owner subject thereto.
The due date shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Associa tion setting forth whether the assessments on a specified lot had been paid.
A. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership, except herein provided.
as B. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased above five percent (5%) by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose.
at C. The Board of Directors may fix the annual assessment an amount not in excess of the maximum; provided that the Board of Directors may increase the amount of the annual assessment to a maximum of Three Hundred Sixty Dollars ($360.00) per lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth in said subparagraph shall apply to any annual increase.
in the
ty Dollars ($360.00) per lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth in said subparagraph shall apply to any annual increase.
in the SECTION 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, any assessment year, a special assessment applicable to the year only for purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose.
tors' SECTION 5. Insurance. The Board of Directors on behalf of the Association, as a common expense, shall at all times keep the property of the Association, if any, insured against loss or damage by fire or other hazards insured against, and other such risks, including, but not limited to direcliability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the Properties and Common Area, which insurance shall be payable in case of loss to the Association for all members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each member to insure his personal property for his own benefit at his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees.
-4BOOK PAGE 1464 1470 of
t his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees.
-4BOOK PAGE 1464 1470 of SECTION 6. Insurance Assessments.
All insurance policy premiums on the Common Areas for the benefit of the Association purchased by the Board Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense and the Association shall levy against the Owners equally as an additional annual assessment, (herein called Assessment") which shall be in addition to the amounts provided Section 3 above, an amount sufficient to pay the annual cost of insurance premiums.
"Insurance for under all such of SECTION 7. Notice And Quorum For Any Action Authorized Under SECTIONS 3 and 4. Written notice of any meeting called for the taking purpose of any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. The required quorum at subsequent meeting shall be one-half (1/2) of the required quorum at preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
the Both annual and the special SECTION 8. Uniform Rate Of Assessment.
assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Assessments for each lot SECTION 9. Commencement of Assessments.
shall commence upon the date of acceptance by an owner of a deed from Declar-
ate for all Lots and may be collected on a monthly basis.
Assessments for each lot SECTION 9. Commencement of Assessments.
shall commence upon the date of acceptance by an owner of a deed from Declarant. Declarant shall not be required to pay maintenance assessments on unsold lots retained by the Declarant, except for those lots retained for rental purposes for which Declarant shall pay maintenance assessments which shall commence upon the date the same are occupied by a tenant. Provided, however, that for any lots retained by Declarant for other than rental purposes, Declarant shall pay to the Association annually, in lieu of any other assessments, the pro rata share of insurance assessments attributable to the lots owned by Declarant, as the same become due.
The due of the SECTION 10. Effect of Nonpayment of Assessments And Remedies Association. Any assessment not paid within thirty (30) days after date shall bear interest from the due date of the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property.
No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
the first lien.
SECTION 11.
Subordination of The Lien To Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any mortgage. Sale or transfer of any lot shall not affect the assessment However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or No sale or transfer shall relieve such Lot from liability for any
or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or No sale or transfer shall relieve such Lot from liability for any thereafter becoming due or from the lien thereof.
transfer.
assessments ARTICLE VIII.
ARCHITECTURAL CONTROL SECTION 1. Developer's Rights.
the All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or By-laws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration.
-5BOOK PAGE 1464 1471 to fence, any SECTION 2. Building and Site Improvements. No dwelling, wall or other structure shall be commenced, erected, or maintained upon lot in the Properties, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, heights, materials, colors and location of the same shall have been submitted shape , and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all lots by Declarant, by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it,
r, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion the Declarant or Architectural Control Committee shall deem sufficient.
copy of all plans and related data shall be furnished to the Declarant or Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects in plans of specifications submitted to it or any structure erected according to such plans and specifications.
SECTION 3. Approval of Plans: of One A. No house plans will be approved unless house shall have a minimum of 1000 square feet of enclosed dwelling area.
the proposed The term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas; provided, further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
given B. Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation
nt of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by this Declaration.
In order to assure, however, that the foregoing considerations are maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Control Committee, as the case may be.
Provided, however, that no dwelling shall be constructed closer than 20 feet to any dwelling on any adjoining lot. That is to say, side line restrictions may be waived by Declarant so long as there is maintained a separation of at least 20 feet between buildings constructed on adjoining lots.
C. The exterior of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder, due to strikes, fires, national emergency or natural calamities.
D.
or No structure shall be erected, altered, placed permitted to remain on any lot, except one single family dwelling not to exceed two stories in height, unless the Declarant or the Architectural Control Committee, as the case may be, approves in writing a structure of more than two stories, and one or more small accessory buildings (which may include a detached private garage, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Declarant or
or more small accessory buildings (which may include a detached private garage, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Declarant or Architectural Control Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business.
-6BOUN -ASE 1464 1472 wood fence, the E. All service utilities, fuel tanks, clothes lines, piles and trash and garbage accumulations are to be enclosed within a wall or plant screen of a type and size approved by the Declarant or Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail and shall be newspaper boxes uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. No fences shall at any time be placed or permitted to remain on any lot nearer the street line than the rear line of the main dwelling on the lot.
F. Landscaping and off street parking for not less than two (2) passenger automobiles must be provided on each lot prior to the occupancy of any dwelling constructed on said lot. Such parking areas and the driveways thereto shall be constructed of plain concrete or such other material as may be approved by Declarant.
SECTION 4. Maintenance By Association. The Association, at its expense, shall be responsible for maintaining, repairing and replacing the planting easement areas, the storm water drainage system, including the detention pond, all drainage lines, pipes and ditches which are located on the properties, except those constructed by individual lot owners and located
he storm water drainage system, including the detention pond, all drainage lines, pipes and ditches which are located on the properties, except those constructed by individual lot owners and located within individual lots. The Association shall have the right to go onto the lots at reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage lines and pipes which might be located on such lots; and each Owner hereby grants permission to the Association to enter his lot for such purposes.
In the event that such need for maintenance, repair or replacement (other than such being caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through willful, or negligent act of the Owner, his family, guests or invitees, cost of such maintenance, replacement, or repairs, shall be added to and become a part of the assessment to which such Lot is subject.
the the ARTICLE IX.
USE RESTRICTIONS SECTION 1. Land Use And Building Type. No lot in Fox Run Farm, shall be used for any purposes except for residential purposes. All lots (herein referred to as "single family lots") in Fox Run Farm, shall be restricted for construction of single family dwellings only. Any building erected, altered, placed or permitted to remain on any lot shall be subject to the provisions of Article VII of this Declaration relating to architectural control. Different land use restrictions and architectural control guide lines may be established for adjoining properties to be developed by Declarant.
be be or
eclaration relating to architectural control. Different land use restrictions and architectural control guide lines may be established for adjoining properties to be developed by Declarant.
be be or SECTION 2. Nuisances. No noxious or offensive activity shall carried on upon any Lot, nor shall anything be done thereon which may may become an annoyance or nuisance to the neighborhood. Thee shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on such lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the specific area.
SECTION 3. Lot Maintenance. In the event that any lot owner shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after thirty (30) days from the Architectural Control Committee, the Association, or its notice -7ՅՈՒ 1464 PAGE 1473 of designee, shall enter upon such lands and remove the same at the expense of the owner, and such entrance shall not be deemed a trespass, In the event such removal, a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such lot, including collection costs and such amounts shall be due and payable within thirty (30) days after the owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens.
s and such amounts shall be due and payable within thirty (30) days after the owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens.
SECTION 4. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence either temporarily or permanently.
SECTION 5. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to remain on any lot or on any street in the properties at any time, without the written consent of the Association or its designee.
SECTION 6. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed.
are SECTION 7. TV Satellite Dishes And Outside Antennas. No TV satellite signal receiving dishes will be permitted on any lot at any time.
No outside radio or television antennas shall be erected on any lot or dwelling unit within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural Control Committee.
the SECTION 8. Window Coverings. All drapes, curtains or other similar materials hung at windows, or in any manner as to be visible from outside, of any building erected upon any lot shall be of a white or neutral background material.
SECTION 9. Exterior Lights. All light bulbs or other
t windows, or in any manner as to be visible from outside, of any building erected upon any lot shall be of a white or neutral background material.
SECTION 9. Exterior Lights. All light bulbs or other installed in any fixture located on the exterior of any building or shall be clear, white or non-frost lights or bulbs.
lights any lot SECTION 10. Junk Vehicles And Tractor Trailers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor-trailers will be permitted on the premises. The Association shall have the right to have all such vehicles towed away at the owner's expense.
SECTION 11. Water And Sewer Service. All lot owners shall be required to use water and sewer supplied by the companies servicing the Properties for all household uses; a separate water system for the purpose of watering lawns, gardens and other outdoor uses shall not be permitted without the consent of the Declarant, its successors and assigns.
SECTION 12. Water And Sewer Taps. Declarant reserves the right charge separate water and sewer tap fees for each lot sold which fee will be paid directly to Declarant.
to shall SECTION 13. Trash And Garbage Collection. The Properties be served exclusively by a single trash and garbage collection service which shall be selected by Declarant and approved by the Association.
or SECTION 14. Signs. No signs (including "For Rent", "For Sale", and other similar signs) or property identification signs shall be erected maintained on any lot except with express written permission of the Declarant, its successor or assigns, except as may be required by legal proceedings.
-87.
ARTICLE X.
800K PAGE 1464 1474 ANNEXATION OF ADDITIONAL PROPERTIES SECTION 1. Except as provided in Section 2 below, annexation of
or or assigns, except as may be required by legal proceedings.
-87.
ARTICLE X.
800K PAGE 1464 1474 ANNEXATION OF ADDITIONAL PROPERTIES SECTION 1. Except as provided in Section 2 below, annexation of additional property shall require the assent of two-thirds (2/3) of the members at a meeting called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
SECTION 2.
If the Declarant, its successors or assigns, shall develop all ΟΙ any portion of the Additional Properties, said Additional Properties or any portion thereof may be annexed to said Properties without the assent of the members, provided, however, the development of the Additional Properties permits no more than four dwelling units per acre. Annexation provided for in this section shall become effective upon the filing by the Declarant of a supplemental or amended declaration in the Office of the Register of Deeds of New Hanover County.
ARTICLE XI.
GENERAL PROVISIONS SECTION 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
SECTION 2. Enforcement Of Storm Water Runoff Regulations. The State of North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time.
SECTION 3. Severability. Invalidation of any one of these cove-
of this Declaration to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time.
SECTION 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect other provisions which shall remain in full force and effect.
owners, any are any SECTION 4. Lots Subject To Declaration. All present and future tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of lot shall constitute an agreement that the provisions of the Declaration accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any lot as though such provisions were made a part of each and every deed of conveyance or lease.
the SECTION 5. Amendment of Declaration. Except as provided in Article X, Section 2, above, and elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County executed by duly authorized offices of the Association upon the vote of not less than two-thirds (2/3) of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as
Association upon the vote of not less than two-thirds (2/3) of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant.
-9BOOK 1464 PAGE 1475 IN WITNESS WHEREOF, TERRY F. TURNER & CO., a North Carolina corporation, the Declarant herein, has caused this Declaration to be executed in its corporate name and its corporate seal affixed by its duly authorized officers this day of 1989.
TERRY F. TURNER & CO., ATTEST: MARGARET H. TURNER, Secretary (CORPORATE SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER By TERRY F. TURNER, President I, a Notary Public of the aforesaid County and State, certify that Margaret H. Turner personally appeared before me this day and acknowledged that she is the Secretary of TERRY F. TURNER & CO., a North Carolina Corporation, and that by authority duly given and as the act of the said corporation the foregoing Instrument was signed in its name by its President, sealed with its corporate seal and attested by herself Secretary.
as its WITNESS my hand and notarial seal this day of 1989.
My Commission Expires: (NOTARIAL SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of is certified to be correct. This the Notary Public day of REBECCA P. TUCKER a Notary Public 1989.
Register of Deeds-New Hanover County BY-10Deputy/Assistant 800 -ARE 1464 1476 IN WITNESS WHEREOF, TERRY F. TURNER & CO., a North Carolina corporation, the Declarant herein, has caused this Declaration to be executed in
nover County BY-10Deputy/Assistant 800 -ARE 1464 1476 IN WITNESS WHEREOF, TERRY F. TURNER & CO., a North Carolina corporation, the Declarant herein, has caused this Declaration to be executed in its corporate name and its corporate seal affixed by its duly authorized officers this 28 day of July ます!
1989.
TERRY F. TURNER & CO., By.
Jum F. Tumn TERRY F. TURNER, President ORTI CAROLINA MAAR BEURY-HELMS, ✓ Esistant Secretary FORATE SEAL) OF NORTH CAROLINA OF HEN HANOVER this I. Jennie B. Boston, a Notary Public of the aforesaid County and State, Certify that V. A. Beury-Helms personally appeared before me day and acknowledged that she is the Assistant Secretary of TERRY F. TURNER & CO., a North Carolina Corporation, and that by authority duly given and as the act of the said corporation the foregoing Instrument was signed in its name by its President, sealed with its corporate seal and attested by herself as its Assistant Secretary.
1989.
WITNESS my hand and notarial seal this 28th day My Commission Expires: 12-9-92 (NOTARIAL SEAL) of July, NIFER B. BOTT Jennifer B. Botto BOLTON NOTARY PITT PUBLIC Notary Public COUNTY DE & Jennifer B. Bolta a Notary Public 1989.
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate is certified to be correct. This the 2 day of July REBECCA P. TUCKER Register of Deeds-New Hanover County By Did B. Bah Deputy/Assistant -10-