Book9301 - Page 819 Page 1 of 4 REGISTER OF DEEDS Sharon A. Davis Durham County, NC 2021 Apr 19 11:21:20AM BK:9301 PG:819-822 DECLARATION FEE: $26.00 INSTRUMENT # 2021019436 DPRUETTE . Prepared by: H. Eugene Tatum III Return to: Habitat for Humanity of Durham, Inc., 215 N. Church Street, Durham, NC 27701 NORTH CAROLINA DURHAM COUNTY DECLARATION OF RESTRICTIVE COVENANTS FOR AFFORDABILITY This Declaration of Restrictive Covenants (hereinafter "Declaration") is made this 19th day of April, 2021, by Habitat for Humanity of Durham, Inc., a non profit corporation organized and existing under the laws of North Carolina.
Definitions "Declarant" means Habitat for Humanity of Durham, Inc., its successors, successors in title and assigns, and any and all persons and entities having any right, title or interest in the Property.
"Dwelling Unit" shall be defined as provided in the Agreement.
"Period of Affordability" means the period beginning on the date that the Dwelling Unit is complete, as evidenced by issuance of a certificate for occupancy for such Dwelling Unit and ending on the date that is Ten (10) years from the date of commencement of the Period of Affordability.
"Property" means all and any part of the real property located at 312 Truce St.,. as referenced in Attachment A, and made a part of this Declaration.
Recitals The purpose of this Declaration is to set forth certain covenants, restrictions and requirements pertaining to the Property and to give to Declarant, and their successors and assigns, the right to enforce this Declaration.
Covenants Restrictions and Requirements From and after the date of this Declaration, the Property shall be held, sold, transferred and conveyed subject to the covenants, restrictions and requirements hereinafter.
set forth:
and Requirements From and after the date of this Declaration, the Property shall be held, sold, transferred and conveyed subject to the covenants, restrictions and requirements hereinafter.
set forth: 1. During the Period of Affordability, each Dwelling Unit shall be: (1) purchased by and occupied as the principal residence of an income-eligible person or family as prescribed by and in compliance with Housing and Urban Development (HUD) regulations found in 24 C.F.R. Section 92.254, as the same may be amended or replaced from time to time; and (2) purchased at a price which does not exceed a maximum sales price set by the City from time to time to assure that the Dwelling Unit is affordable to such income-eligible person or family. The Period of Affordability and the provisions of this Declaration shall be suspended upon foreclosure by a lender or other transfer in lieu of foreclosure, if such foreclosure or transfer recognizes any contractual or legal rights of the City or other eligible persons to take actions that would avoid the termination of low-income affordability. If, however, at any time thereafter during the Period of Affordability (1) the owner of record prior to such foreclosure or transfer in lieu of foreclosure, or (2) any entity that includes such former owner or those with whom the former owner had or has family or business ties, obtains an ownership interest in the Property, then the Period of Affordability and the provisions of this Declaration shall be revived according to their original terms.
Book9301 - Page 820 Page 2 of 4 2. This Declaration is made for the benefit of the Declarant, and confers upon the Declarant and their respective successors and assigns the right, without limitation, to enforce the provisions of this Declaration.
3.
on is made for the benefit of the Declarant, and confers upon the Declarant and their respective successors and assigns the right, without limitation, to enforce the provisions of this Declaration.
3.
This Declaration may not be amended in any manner whatsoever without the prior written consent of the Declarant. It shall be within the sole discretion of the Declarant whether to give such consent. The Declarant shall record any such amendment with the Durham County Register of Deeds.
4. The covenants, restrictions and requirements of this Declaration shall run with the Property and, except to the limited extent provided in Paragraph 1 of this Declaration, continue in full force and effect until expiration of the Period of Affordability. Except to the limited extent provided in Paragraph 1 of this Declaration, the covenants, restrictions and requirements shall pass to and be binding upon the Declarant's assigns, successors and successors in title to all and any portion of the Property. Except to the limited extent provided in Paragraph 1 of this Declaration, each and every contract, deed or other instrument hereafter executed covering or conveying all or any portion of the Property shall conclusively be held to have been executed, delivered and accepted subject to such covenants, restrictions and requirements regardless of whether the same are set forth in such contract, deed or other instrument. If a portion or portions of the Property are conveyed, ail of such covenants, restrictions and requirements shall run to each portion of the Property.
5.
Upon expiration of the Period of Affordability, this Declaration shall automatically terminate and be of no further force or effect. The Declarant may record with the Durham County
of the Property.
5.
Upon expiration of the Period of Affordability, this Declaration shall automatically terminate and be of no further force or effect. The Declarant may record with the Durham County Register of Deeds a written instrument further evidencing the termination of this Declaration.
6. If a violation of any of the provisions of this Declaration occurs or is attempted, the Declarant, and their successors and assigns may institute and prosecute any proceeding at law or in equity to: abate, prevent or enjoin any such violation or attempted violation; compel specific performance of this Declaration; and recover monetary damages caused by the violation or attempted violation. Any such violation or attempted violation shall also be an event of default under the Agreement and shall entitle the Declarant and its successors and assigns, among other remedies, to accelerate and declare due and payable in full the outstanding balance of any loans made by the Declarant pursuant to the Agreement.
7. Any failure by the Declarant to insist upon a strict performance of any covenants, restriction or requirement of this Declaration, or to exercise any option, right or remedy contained or created in this Declaration, shall not be construed as a waiver or relinquishment for the future of such covenant, restriction or requirement; rather, the same shall continue and remain in full force and effect.
8. If a court of competent jurisdiction determines that any of the provisions of this Declaration are void or unenforceable, the remainder of the provisions of this Declaration shall continue in full force and effect.
9.
This Declaration shall be duly recorded in of the office of the Register of Deeds for Durham County immediately following its execution.
of this Declaration shall continue in full force and effect.
9.
This Declaration shall be duly recorded in of the office of the Register of Deeds for Durham County immediately following its execution.
IN WITNESS WHEREOF, Alexis Vaughn, as CEO, has executed this instrument under seal on the date and year first above-written.
Habitat for Humanity of Durham, Inc.
ALEXIS VAUGHN AS CEO OF HABITAT FOR HUMANITY OF DURHAM Book9301 Page 821 Page 3 of 4 STATE OF NORTH CAROLINA COUNTY OF DURHAM I, Herbert E. Tatum III, a Notary Public for Durham County, State of North Carolina, do hereby certify that Alexis Vaughn, personally came before me this day as CEO of Habitat for Humanity of Durham, a North Carolina, a non-profit corporation, and that by authority duty given and as the act of the corporation, the foregoing instrument was signed in its name by CEO, Alexis Vaughn.
Witness my hand and official stamp or seal, this 19th day of April, 2021 My Commission Expires: 9-24-2022 Notary Public HERBER NOTARY PUBLIC DURHAM COUNTY TATUM !!!
NC Book9301 - Page 822 Page 4 of 4 EXHIBIT A BEGINNING AT A STAKE ON THE WESTERN. PROPERTY LINE OF TRUCE STREET (FORMERLY CENTER STREET), SAID POINT BEING SOUTH 1° 38′ WEST 232 FEET FROM THE INTERSECTION OF THE SOUTHERN PROPERTY LINE OF PROCTOR ROAD AND THE WESTERN PROPERTY LINE OF SAID TRUCE STREET, AND RUNNING SOUTH 1° 38' WEST ALONG THE WESTERN LINE OF SAID TRUCE STREET 50 FEET TO A POINT, THENCE NORTH 85° 42' WEST 150 FEET TO A POINT THENCE NORTH 1° 38′ EAST 50 FEET TO THE SOUTHWEST CORNER OF LOT NO. 4, THENCE SOUTH 85° 42' EAST 150 FEET TO THE BEGINNING, AND BEING LOT NO. 5 OF THE PROPERTY OF GRISWOLD INSURANCE AND REAL ESTATE COMPANY, INC., AS SHOWN ON PLAT RECORDED IN THE DURHAM COUNTY REGISTRY IN PLAT BOOK 1 AT
° 42' EAST 150 FEET TO THE BEGINNING, AND BEING LOT NO. 5 OF THE PROPERTY OF GRISWOLD INSURANCE AND REAL ESTATE COMPANY, INC., AS SHOWN ON PLAT RECORDED IN THE DURHAM COUNTY REGISTRY IN PLAT BOOK 1 AT PAGE 158. EXCEPTING FROM THE FOREGOING DESCRIPTION A STRIP OF LAND 10' FEET WIDE ALONG TRUCE STREET, WHICH HAS BEEN RETAINED BY THE CITY OF DURHAM FOR PUBLIC STREET PURPOSES. SEE DEED FROM THE CITY OF DURHAM TO B. H. COOKE AND WIFE, MADELEINE S. COOKE, DATED MAY 2, 1947, AND RECORDED IN DEED BOOK 170 AT PAGE 330.
TAX MAP NUMBER #114366 PROPERTY ADDRESS: 312 TRUCE ST.