24 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN NEW HANOVER COUNTY, NC 2001 MAR 07 12 19 14 PM BK 2893 PG 575-588 FEE $30 00 INSTRUMENT # 2001008283 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN NEW HANOVER COUNTY, NC 2001 FEB 20 01 24 18 PM BK 2885 PG 1571-1581 FEE $26 00 INSTRUMENT # 2001005825 30 B STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT TO PROTECTIVE COVENANTS FOR HOLLYHOLM THIS INSTRUMENT made and entered into this the 2ND day of FEBRUARY 2001 by ROBERT H. TATE, JR and wife, MARY F TATE, HIGHHOPES LIMITED PARTNERSHIP, ROBERTH TATE, III and wife, LISA S. TATE, JOSEPH B FOX, III and wife, KAREN P FOX, RALPH GEVINSON and wife, THERESA GEVINSON, WILLIAM W PRINGLE and wife, KARYN PRINGLE, BAKER A MITCHELL and wife, MARLENE MITCHELL, CREATION HOMES, INC. and HOLLYHOLM HOMEOWNERS' ASSOCIATION, INC WITNESSETH: WHEREAS, the undersigned are the owners of more than sixty-seven percent (67%) of the lots in the subdivision known as HOLLYHOLM (the "Subdivision") as the same appears of record on a map recorded in Map Book 35, Page 330 of the New Hanover County Registry; and WHEREAS certain real property adjacent to the Subdivision as shown on a map recorded in Map Book 40 Page 291 of the New Hanover County Registry is being added to the Subdivision and designated as Phase 2, Lot 11, Hollyholm, said property being described in the Certificates of Title of Robert Hunter Tate, III and wife, Lisa Tate, Registered No 2, Certificates 7N and 7P recorded in Title Book RT-1, New Hanover County Registry; and WHEREAS, all lots in the Subdivision are subject to the Protective Covenants for Hollyholm recorded in the Book 2010, Page 100, of the New Hanover County Registry ("Protective Covenants"), and
ry; and WHEREAS, all lots in the Subdivision are subject to the Protective Covenants for Hollyholm recorded in the Book 2010, Page 100, of the New Hanover County Registry ("Protective Covenants"), and WHEREAS, the annexation of Phase 2, Lot 11, Hollyholm, into the Subdivision requires amendment to the Protective Covenants, and WHEREAS, the parties desire to amend other provisions of the Protective Covenants as set This instrumentisbeing re-recorded to add Exhibit'A" RETURN TO STEVEN F. SIEGEL (910) 256-2292 forth further herein, and WHEREAS, Paragraph 9 of the Protective Covenants provides for amendments to the Covenants, and WHEREAS, by the execution of this Amendment, the parties desire to express their consent to this Amendment NOW, THEREFORE, for and in consideration of the premises and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, is hereby declared that the real property described above shall be held, sold and conveyed subject to the provisions of the Protective Covenants as amended by this Amendment to Protective Covenants for Hollyholm 1.
' Pursuant to Paragraph 2 of the Protective Covenants, Phase 2, Lot 11, Hollyholm, as shown on that map recorded in Map Book 40 Page 291 of the New Hanover County Registry, is hereby annexed into the Subdivision and is subjected to all terms and provisions of the Protective Covenants and this Amendment to Protective Covenants.
2.
Paragraph 1 of the Protective Covenants is amended to read as follows DESCRIPTION This Declaration shall run with the land and shall bind and inure to the benefit of the owner of each Lot within the Subdivision, and the property made subject to these Protective Covenants and amendments thereto is all of that
with the land and shall bind and inure to the benefit of the owner of each Lot within the Subdivision, and the property made subject to these Protective Covenants and amendments thereto is all of that property shown on that map of HOLLYHOLM recorded in Map Book 35, Page 330 of the New Hanover County Registry as the same may be amended from time to time and that certain property designated as Phase 2, Lot 11, Hollyholm, as shown on that map recorded in Map Book 40 Page 291 of the New Hanover County Registry "Lot" shall mean and refer to any numbered lot as shown upon that plat of 2 Hollyholm recorded in Map Book 35, Page 330, New Hanover County Registry and Phase 2, Lot 11, Hollyholm, as shown on that map recorded in Map Book 40 Page 291 of the New Hanover County Registry.
3.
Paragraph 5, subparagraph (e) of the Protective Covenants shall be deleted in its entirety and in its place inserted the following: (e) that the impervious surface allocation for each Lot shall be as shown on Exhibit A attached hereto, which allocations have been approved and accepted by the Department of Environmental Management by modification to Stormwater Permit No SW8-950712. The covenants pertaining to stormwater regulations may not be changed or deleted without the concurrence of the State 4 new paragraph: Paragraph 6 of the Protective Covenants shall be amended by adding the following The Association shall maintain and repair the entrance walls to the Subdivision which are hereby made common areas The Association shall also maintain the landscaping at the entrance to the Subdivision and the area between the entrance walls and Greenville Loop Road. The Declarant and the owners of Lot 1 and Phase 2, Lot 11, Hollyholm, by execution of this Amendment, hereby consent to and grant
sion and the area between the entrance walls and Greenville Loop Road. The Declarant and the owners of Lot 1 and Phase 2, Lot 11, Hollyholm, by execution of this Amendment, hereby consent to and grant an easement in favor of the Association for ingress, egress and regress over and upon Lot 1 and Phase 2, Lot 11, Hollyholm, for purposes of maintaining, repairing and improving the entrance area for Hollyholm, the walls fronting on Greenville Loop Road and Hollyholm Trace and the area between the walls and said streets. The easements are granted over that area depicted as wall maintenance easements on the 3 map of Hollyholm recorded in Map Book 35, Page 330 and the map of Phase 2, Lot 11, Hollyholm, recorded in Map Book 40 Page 291 " of the New Hanover County Registry, over that area within the 50' x 50' sight distance triangles on Lot 1 and Phase 2, Lot 11, Hollyholm, and over the area between the walls and Greenville Loop Road, as depicted on said maps EXCEPT, as specifically amended by this Amendment, all other covenants, conditions and restrictions set forth in the Protective Covenants recorded in Book 2010, Page 100 of the New Hanover County Registry are, and shall be, in full force and effect IN TESTIMONY WHEREOF, said parties have caused this instrument to be executed in their names and under seal, this the day and year first above written.
By HIGHOPES LIMITED PARTNERSHIP (SEAL) ( H.
SEAL) General Partner H (SEAL) Robert H Tate, Jr Mary 7. Tate (SEAL) Mary F Tate R (SEAL) Robert H Tate, III Kisse Lisa S. Tate Sate (SEAL) Joseph B Fox, III Кает р бох Karen P Fox 4 (SEAL) (SEAL) ATTEST: شايري Rest Ralph Gevinson Theresa Devinson Theresa Gevinson (SEAL) (SEAL) W W.
Prangle (SEAL) William W Pringle Karyn Pringle Karyn Pringle Baker A Mitchell Marlene Mitchell (SEAL)
EAL) (SEAL) ATTEST: شايري Rest Ralph Gevinson Theresa Devinson Theresa Gevinson (SEAL) (SEAL) W W.
Prangle (SEAL) William W Pringle Karyn Pringle Karyn Pringle Baker A Mitchell Marlene Mitchell (SEAL) (SEAL) (SEAL) Marlène Mitchell CREATION HOMES, INC don R.
By President June Secretary ATTEST Marlene Mitchell Secretary By HOLLYHOLM HOMEOWNERS' ASSOCIATION, INC.
B J President ..
5 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER STEVEN F. SIEGEL I, a Notary Public of the aforesaid State and County, do hereby certify that ROBERT H TATE, JR, General Partner of Highhopes Limited Partnership, personally came before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and notarial seal, this 20th day of FEBRUARY, 2001 STEVEN F. SIEGEL NOTARY PUBLIC STATE OF NORTH CAROLINA NEW HANOVER COUNTY COMMISSION EXPIRES AUGUST 29, 2005 NOTARY PUBLIC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, BEVERLY P. EMERSON, a Notary Public of the aforesaid County and State, do hereby certify that ROBERT H. TATE, JR and MARY F. TATE personally came before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal, this 3rd day of FEBRUARY, 2001.
Beverly P. Emerson NOTARY PUBLIC My Commission Expires 10-16-02 (AFFIX SEAL) EALY.
BE " OTAR PUBLIS YANOVER 475844877 SCUNTY.
6 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, BEVERLY P. EMERSON, a Notary Public of the aforesaid County and State, do hereby certify that ROBERT H TATE, III and LISA S TATE personally came before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal, this 3rd day of Febru My Commission Expires 10-16-02 FEBRUARY: 2001 Beverly P. Emerson U D' 304 OUNT STATE OF NORTH CAROLINA
e execution of the foregoing instrument.
Witness my hand and notarial seal, this 3rd day of Febru My Commission Expires 10-16-02 FEBRUARY: 2001 Beverly P. Emerson U D' 304 OUNT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ANNI A. ROBERSON.
a Notary Public of the aforesaid County and State, do hereby certify that JOSEPH B FOX, III and KAREN P FOX personally came before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and notarial seal, this 2nd day of FEBRUARY 2001 Aun A. Robin My Commission Expires My Commission Expires August 22, 2004 NOTARY PUBLIC EAL) ER COUN ON.
7 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Ann A. ROBERSON a Notary Public of the aforesaid County and State, do hereby certify that RALPH GEVINSON and THERESA GEVINSON personally came before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and notarial seal, this 31st ROBERSON day of JANUARY An A. Rober Mission Expires My Commission Expires August 22, 2004 (AFFIX SHAL) PUBL VER COUNT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTARY PUBLIC 2001 I, Ann A ROBERSON ' a Notary Public of the aforesaid County and State, do hereby certify that WILLIAM W PRINGLE and KARYN PRINGLE personally came before me this day and acknowledged the due execution of the foregoing instrument 上 Witness my hand and notarial seal, this 1st day of FEBRUARY BERS NOTARY Aun A. Robers NOTARY PUBLIC My Commission Expires: My Commission Expires August 22, 2004 PUBLIC VAN (AFFIX SRAL) LOVER'S 2001 SAVE NEW 00 8 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, AMIN A. ROBERSON a Notary Public of the aforesaid County and State, do hereby certify that BAKER A MITCHELL and MARLENE MITCHELL personally came
W 00 8 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, AMIN A. ROBERSON a Notary Public of the aforesaid County and State, do hereby certify that BAKER A MITCHELL and MARLENE MITCHELL personally came before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and notarial seal, this 2nd day of day of FEBRUA 2001 · FIX mmission Expires My Commission Expires August 22, avv¬ NANOVER COUNTY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Ann A. ROBERSON .
NOTARY PUBLIC و a Notary Public of the aforesaid County and State, do hereby certify that BEVERLY M. TURNER came before me this day and acknowledged that he she is Homes, Inc, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its with its corporate seal and attested by himself/herself as its ✓ personally Secretary of Creation President, sealed Secretary Witness my hand and notarial seal, this 2nd day of FEBRUARY 2001 ' Aun .
NOTARY PUBLIC My Commission Expires My Commission Expires August 22, 2004 ROHE PUBLI NOVER SPAL) ONS COUNT 9 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ANN A. ROBERSON County and State, do hereby certify that a Notary Public of the aforesaid personally Secretary of Hollyholm MARLENE, MITCHELL came before me this day and acknowledged that he/she is Homeowners' Association, Inc, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its porate soul and attested by himself/herself as its President, Witness my hand and notarial seal, this 2nd Secretary I day of FEBRUARY, 2001 A Rober My Commission Expires: My Commission Expires August 22, 2004 NOTARY PUBLIC OTAR VELIC
lf/herself as its President, Witness my hand and notarial seal, this 2nd Secretary I day of FEBRUARY, 2001 A Rober My Commission Expires: My Commission Expires August 22, 2004 NOTARY PUBLIC OTAR VELIC 183001 Amendment to Protective Covenants 10-04-00 wpd 1/30/01 10 NEW HANO STATE OF COUNTY NORTH CAROLINA REBECCAT CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 Filed For Registration: 02/20/2001 01.24:18 PM Book' Document No..
Recorder: RE 2885 Page 1571-1581 2001005825 CONV 11 PGS $26.00 JACQUELINE NELSON State of North Carolina, County of New Hanover The foregoing certificate of STEVEN F SIEGEL, BEVERLY P EMERSON, ANN A ROBERSON Notaries are certified to be correct. This 20TH of February 2001 REBECCA T. CHRISTIAN, REGISTER OF DEEDS By: Deputy/Assistant Register of Deeds 2001005825 EXHIBIT A 226 HOLLYHOLM SUBDIVISION New Hanover County, NC Built Upon Area Per Lot Lot 1 4,959 sf Lot 2 5,100 sf Lot 3 5,270 sf Lot 4 5,100 sf Lot 5 6,225 sf Lot 6 5,771 sf Lot 7 5,100 sf Lot 8 6,964 sf Lot 9 5,100 sf Lot 10 5,676 sf Lot 11 5,715 sf Total 60,980 sf EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S) MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED RECORDED IN THE NEW HANOVER COUNTY REGISTRY NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT HIGHOPES LIMITED PARTNERSHIP ROBERT H TATE, JR and MARY F TATE ROBERT H TATE, III and LISA S TATE JOSEPH B FOX, III and KAREN P FOX RALPH GEVINSON and THERESA GEVINSON
RTIES TO THE ORIGINAL INSTRUMENT HIGHOPES LIMITED PARTNERSHIP ROBERT H TATE, JR and MARY F TATE ROBERT H TATE, III and LISA S TATE JOSEPH B FOX, III and KAREN P FOX RALPH GEVINSON and THERESA GEVINSON WILLIAM W PRINGLE and KARYN PRINGLE BAKER A MITCHELL and MARLENE MITCHELL CREATION HOMES, INC HOLLYHOLM HOMEOWNERS' ASSOCIATION, INC RE.
BOOK 2885 PAGE 1571 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned, the attorney who drafted the original instrument, hereby certify that the following corrections are made in the above-named recorded instrument in accordance with the provisions of G S 47-36 1 ratified June 30, 1986 DESCRIPTION OF CORRECTION(S) This document is being re-recorded to include Exhibit A referenced in the document This the 07 day of March, 2001 FLETCHER, RAY & SATTERFIELD, L L.P BY David L Ray ад Drafting Attorney (SEAL) This explanation statement together with the attached instrument duly rerecorded at 12.19 o'clock p M this 7 day of Page shown on the first page hereof thyattached > 2001 in the Book and REBECCA T. CHRISTIAN Register of Deeds 183001 ⚫ Statement to re record wpd 3/6/01 By Deputy/Assistant Register of Deeds NEW HANOVER COUNTY + CAROLINA STATE OF NORTH REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 Filed For Registration.
03/07/2001 12:19:14 PM Book Document No..
RE 2893 Page 575-588 2001008283 DECL 14 PGS $30.00 Recorder.
JACQUELINE NELSON State of North Carolina, County of New Hanover REBECCA T CHRISTIAN, REGISTER OF DEEDS BY Deputy/Assistant Register of Deeds 2001008283