STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER.
BOOK 914 PAGE 639 2nd THIS DECLARATION, Made this DECLARATION OF RESTRICTIONS FOXFIRE SECTION OF LINCOLN FOREST EXT. NO. 2, SEC, D.
August _day of Saxy, 1971, by THE OLEANDER COMPANY, INC., a corporation of the City of Wilmington, County of New Hanover, and State of North Carolina; WITNESSETH: THAT WHEREAS, the said The Oleander Company, Inc. is the owner of certain property being described as Foxfire Section of Lincoln Forest Ext. No. 2, Sec. D., a map of said Subdivision being recorded in Map 23 of the New Hanover County Registry; and 12 Book Page WHEREAS, it is the desire of The Oleander Company, Inc. for itself, its successors and assigns, to provide for a uniform development of said property in order to preserve its value and to protect the property owners; NOW, THEREFORE, the said The Oleander Company, Inc., for itself, its successors and assigns, does hereby declare that the following restrictions shall apply to all lots located in the said subdivision known as Foxfire Section of Encoln Forest Ext. No. 2, Section D., a map of which is recorded 23 Page in the Registry of New Hanover County in Map Book 12 and that the said restrictions hereinafter set forth shall be binding upon all parties claiming title to said lots under the said The Oleander Company, Inc.: 1. All lots shall be used for residential purposes only.
No structure shall be erected, altered, placed or permitted to remain on any residential building lot other than one detached single family dwelling, not to exceed two and one-half stories in height and a private garage for not more than three (3) cars.
A garage apartment shall not be built except during the construction of or after the construction of a dwelling, and abso-
lf stories in height and a private garage for not more than three (3) cars.
A garage apartment shall not be built except during the construction of or after the construction of a dwelling, and absolutely not before. No trailer, basement, tent, shack, garage, barn, or other out buildings shall at any time, be used as a residence previous to the building of the main residence.
2. No building shall be located on any residential lot nearer than fifty (50) feet to the front street line and no residence shall be built nearer to an adjacent property line than a distance equal to ten percent (10%) of the width of the lot.
33 TEORE AUG 223 PH 71 NEW RCO..N.C.
TRE CLEXES ill..c.
BOCK 914 PAGE 640 DECLARATION OF RESTRICTIONS 3. No lot as shown by the official plan of this subdivision shall be re-subdivided unless such part of the sub-divided lot becomes a part of a whole lot and the remainder of the subdivided lot becomes a part of another whole lot.
Page 2 4. No noxious or offensive trade or activity shall be carried on or maintained upon any lot or part of any lot nor shall any use be made of any portion of the said property which shall become an annoyance nor nuisance to the neighborhood.
5. The design of all buildings which shall be erected or moved onto any lot in the subdivision shall be subject to the approval of The Oleander Company, Inc., it being understood and agreed that Hugh MacRae, II, President, shall act for said company in giving such approval. Upon written request of a lot owner for approval of plans, The Oleander Company, Inc. shall have ten (10) days to approve or disapprove the plans. In the event of failure to approve or disapprove the plans within said ten (10) days, such approval will not be required, provided the
Inc. shall have ten (10) days to approve or disapprove the plans. In the event of failure to approve or disapprove the plans within said ten (10) days, such approval will not be required, provided the design of the proposed building is in harmony with the existing structures in the section and constructed according to these restrictions. In any case, with or without approval, no dwelling shall be constructed on any lot in the development with an interior floor area of less than 1400 square feet. All dwellings must be constructed of wood, brick, brick veneer, tile and stucco, or concrete and stucco structure, and all garages shall be constructed of the same materials as specified for the dwelling.
6. These covenants and restrictions are to run with the land and shall be binding on all parties or persons claiming under the developers of this Subdivision.
-7. If any persons or parties claiming title to land in this Subdivision shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situate in said development or subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages for such violation.
• 8.
Violation of any of the covenants by judgment or order shall not effect any of the other provisions and same shall remain in full force and effect.
IN WITNESS WHEREOF, THE OLEANDER COMPANY, INC. has caused this instrument to be executed in its name by its President and attested by its Secretary and its corporate seal attached hereto, all as of the day and year first hereinabove written.
1 'ATTEST: Т. снас Вая BY: Hugh THE OLEANDER COMPANY,
name by its President and attested by its Secretary and its corporate seal attached hereto, all as of the day and year first hereinabove written.
1 'ATTEST: Т. снас Вая BY: Hugh THE OLEANDER COMPANY, iss t. Secretary President SEAL Eeprporate seal) BOOK 914 PACE 641 PATRICIA HANOVER DECLARATION OF RESTRICTIONS STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER.
I, Patricia B. Hughes Page 3 a Notary Public in and for unice. MacRae.
the said County and State, hereby certify that XXXGILLETT personally appeared before me this day and acknowledged that she is Assistant Secretary of THE OLEANDER COMPANY, INC., a corporation, and by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its Secretary.
1971.
WITNESS my hand and notarial seal, this the My commission expires: 9-30-74 BAL) COUNTY 2nd August _day of p, Patri Spe NOTARY PUBLIC Prepared by Hogue, Hill & Rowe, Attys.)
STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificate of Patricia B. Hughes Notary Public is certified to be correct.
This the 4 day of ……Aug. 1971 Drawn By H&R.
(Lois C.) Lellay, Register of Deeds Becing to Jucas Deputy Received and Recorded:42PM.
August 4, 1971 at Register of Deeds