23.
7 RECORDED AND VERIFIED.
REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER GO. NG 089 BOOK PAGE 1473 0288 COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS OF PARKSHORE ESTATES SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: corpoThat TWO B & P PROPERTIES, INC., a North Carolina ration, is the owner and developer ("Developer") of certain real property known as, or to be known as PARKSHORE ESTATES SUBDIVISION, which said real property is located in Harnett Township, New Hanover County, North Carolina. The said real property is more fully described in that certain map titled PARKSHORE ESTATES SUBDIVISION recorded in Map Book 30 " in at Page 105 the office of the Register of Deeds of New Hanover County.
Developer has established a general plan for improvement and development of said real property and in connection with its general plan for the improvement and development of said real property, Developer desires to establish and place certain covenants, conditions, reservations and restrictions upon which and be and subject to which all portions and parts of the said real property, including the residential lots located therein, shall be held, improved, sold or conveyed by it as owner thereof upon the use and occupancy of said residential lots which may sold by any owner from time to time in any part of said division. NOW, therefore, Developer, by this Declaration, hereby place upon said real property and all lots sold by it said subdivision after this date the following covenants, con™ ditions, reservations and restrictions: DEFINITIONS: subdoes in Covenants, Conditions and As used in this Declaration of Restrictions, the following terms shall mean: Inc.", hereinafter some(a) "Two B & P Properties,
s and restrictions: DEFINITIONS: subdoes in Covenants, Conditions and As used in this Declaration of Restrictions, the following terms shall mean: Inc.", hereinafter some(a) "Two B & P Properties, times referred to as Developer, means (1) the Developer, and (ii) the Developer's successors and assigns.
(b) "Property" generally means the real property owned by the Developer in New Hanover County, North Carolina, which is RETURNED TO 167157 Doris Lindly RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1473 0289 more fully described in that deed to the Developer recorded in Book 1397, at Page 901 of the New Hanover County Registry, all as shown on that certain map titled "PARKSHORE ESTATES at Page SUBDIVISION" of the New Hanover recorded in Map Book County Registry, together with any additional real property which may hereafter be made subject to these restrictions, as the same may be amended from time to time, and be made subject to the jurisdiction of the PARKSHORE ESTATES SUBDIVISION PROPERTY OWNERS ASSOCIATION, INC.
the (c) "Lot" or "Lots" shall mean those portions of real property specifically allocated, platted and/or recorded as lots for sale and/or use as single family residences on any recorded map or maps of PARKSHORE ESTATES SUBDIVISION.
(d) "Association" shall mean the PARKSHORE ESTATES PROPERTY OWNERS ASSOCIATION, INC., its successors and assigns.
"Association" may mean the Board of Directors of said Association, particularly where the context refers to the review approval of plans and improvements.
and (e) "Subdivision" shall mean the real property hereinabove referred to under (b) which is being developed as PARKSHORE ESTATES SUBDIVISION.
(f) "Restrictions" shall mean the covenants, condit-
.
and (e) "Subdivision" shall mean the real property hereinabove referred to under (b) which is being developed as PARKSHORE ESTATES SUBDIVISION.
(f) "Restrictions" shall mean the covenants, conditions, reservations and restrictions set forth in this Declaration of Covenants, Conditions and Restrictions and all subsequent amendments hereto which are County Registry.
duly recorded in the New Hanover (g) "Owner" shall refer to the purchaser of a lot or lots in the PARKSHORE ESTATES SUBDIVISION.
(h) "Residence" and/or "dwelling" shall mean a single family residence.
(i) "Architectural Review Committee" shall mean and refer to a committee of three lot owners appointed by the Board of Directors of the Association which such committee shall be responsible for the review and approval of all plans and specifications for the construction of residential dwellings on lots.
2 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 The committee BOOK PAGE 1473 0290 shall consist of the Directors constituting Board of Directors of the the Association until such time as a specific Architectural Review Committee is appointed.
hereto (j) "Declaration" means this Declaration of Covenants, Conditions and Restrictions and all subsequent amendments which are duly recorded in the New Hanover County Registry.
1. APPLICABILITY: These restrictions shall apply to all residential lots sold by the Company after the date hereof, and, as applicable or required herein, to any common areas located said real property.
in not its and 2. PROPERTY OWNERS ASSOCIATION: In addition to, and in limitation of, any powers granted to the Association in charter or by-laws, the Association shall have the right and the responsibility for maintaining roads, traffic control, utility
ition to, and in limitation of, any powers granted to the Association in charter or by-laws, the Association shall have the right and the responsibility for maintaining roads, traffic control, utility locations, all common areas and common community services general planting within roadway areas and common areas located within the said PARKSHORE ESTATES SUBDIVISION and shall have all powers necessary to enforce the conditions, covenants, restrictions and reservations set forth in this Declaration.
every lot owner, in accepting a deed or contract for purchase for any lot in the said Subdivision, Each and be, Association agrees to become and shall so long as such person owns a lot, a member of the and agrees to abide by and be subject to all of the terms of this Declaration and the charter, by-laws and rules and regulations of the Association.
3. RESIDENTIAL USE: All lots, and each and every one, are to be used for single family residential purposes only and shall not be used for other than residential use. No building or structure other than one single family residence shall be erected or placed on any lot; provided, however, guest quarters, if approved by the Association, in its sole discretion, may be constructed on a lot as part of or appurtenant to a permanent single family residence.
DIVISION OF LOTS: 4.
(a) No lot shall be subdivided or its boundary lines 3 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1473 0291 changed except with the prior written consent of the Developer.
ESTATES, shall be (b) One lot, as the minimum shown on the plat of PARKSHORE residence may be constructed.
One area upon which a single family or more lots may be utilized as a single building plot.
5. BUILDING AND SITE IMPROVEMENT: No building, fence, and or
plat of PARKSHORE residence may be constructed.
One area upon which a single family or more lots may be utilized as a single building plot.
5. BUILDING AND SITE IMPROVEMENT: No building, fence, and or well, or other structure shall be erected, placed or altered on any residential lot, nor shall the grade or elevation or physical characteristics, of any such lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, specifications, exterior colors and finishes, site, landscaping grading plans (showing the proposed location of such building structure, drives, parking areas, landscaping and proposed alterations to the grade, elevation or physical of the site), and construction schedule shall have been approved in writing by the Association. Refusal of approval of any such plans, location or specifications may be based by the Association upon any ground, including environmental considerations, that the sole and uncontrolled seem sufficient.
Without characteristics in discretion of the Association shall the prior written consent of the deviations in or form such plans or Association, no changes or specifications as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Association. One (1) copy of all plans and related data shall be furnished the Association for its records. The Association shall not be responsible for any structural or other defects in plans or specifications submitted to it or in any structure erected according to such plans specifications.
6.
and APPROVAL OF PLANS: No house plans will be approved unless the proposed dwelling has the minimum required square
bmitted to it or in any structure erected according to such plans specifications.
6.
and APPROVAL OF PLANS: No house plans will be approved unless the proposed dwelling has the minimum required square footage of enclosed dwelling area and meets the other requirements of the Association. The Association in reviewing plans and specifications for proposed dwellings shall act through its duly RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1473 0292 appointed Architectural Review Committee.
7.
RESIDENCES: (a) The minimum square footage of the main dwelling shall be two thousand (2,000) square feet of heated floor space, exclusive of garage, covered walks and porches.
(b) The maximum square footage of the main dwelling space shall be four thousand (4,000) square feet of heated floor exclusive of garage, covered walks and porches, unless otherwise approved by the Association.
(c) The main entrance to the living area of the dwelling shall be constructed within the main body of the house.
(d) Entrance lights and yard lighting shall be small wattage low level ground lighting. High intensity flood lighting from poles or dwellings is not permitted unless specifically approved in writing by the Architectural Review Committee.
(e) The height of any building shall the Association in its sole discretion.
be approved by (f) Each lot owner shall provide receptacles for garbage, in a screened area not generally visible from the road, or provide underground garbage receptacles or similar facility in accordance with reasonable standards ation.
established by the Associthree automobiles off the (g) Each lot owner shall provide space for parking street prior to the occupancy of any accordance with reasonable Association. Each residence shall
stablished by the Associthree automobiles off the (g) Each lot owner shall provide space for parking street prior to the occupancy of any accordance with reasonable Association. Each residence shall dwelling constructed on said lot in standards established by the include a garage or underneath parking for at least two autoAll parking and driveway areas must be paved.
mobiles.
(h) No trees, bushes, shrubs, or other vegetation whatever, may be removed, planted or installed from or on any lot without prior written approval of the Association, based upon a site plan, landscaping plan or planting plan submitted to the Association.
(i) No detached private garage, accessory buildings (which may include a cabana, servant's quarters or guest 5 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28408-0147 facilities) shall be constructed BOOK PAGE 1473 0293 without the prior written consent of the Association. No such structures shall be allowed unless (a) such conform with the style of the primary residence, (b) such do not, in the opinion of the Association, overcrowd the site, and (c) such accessory buildings are not used for any activity normally conducted as a business.
(j) No trailer, tent or other structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters of the main dwelling during the construction used by the contractor house, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the lot after completion of construction.
(k) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within an accessory building,
etion of construction.
(k) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within an accessory building, within a screened area, or buried underground; provided, however, that nothing contained herein shall prevent the Developer from erecting, maintaining, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provisions of utility or other service.
(1) The exterior styles of dwellings shall be approved by the Architectural Review Committee. Preference will be shown for low country styles with wood siding and stucco.
(m) Exterior siding materials shall be natural wood siding using stain or weathering stain or weathering stain or stucco or texocote or cedar shakes; provided, the use of brick for up to fifty percent (50%) of the exterior is suitable.
Colors that contrast with the surroundings and neighboring houses are to be avoided. Roof materials and shingle color range shall specifically approved by the Architectural be as mittee.
(n) Since the building setback lines for Review Comestablishment of standard inflexible location of houses on lots tends to force construction of houses both directly behind and directly to 6 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1473 0294 the side of other homes with detrimental effects on privacy, view of the water, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, the Association reserves the right to control and approve
setback lines are established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, the Association reserves the right to control and approve absolutely the site and locations of any house or dwelling other structure upon any lot.
8. MAINTENANCE: (a) It shall be the or to prevent the development of any conditions of buildings or grounds to substantially decrease the beauty whole or the specific area.
of the responsibility of each lot unclean, unsightly or unkept on such lot which shall tend neighborhood as a owner (૧) to No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, pleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof.
9.
unGARAGES. No garage shall be placed, erected or maintained upon any part of any lot except for use in connection with a residence already constructed or under construction at the time that such garage is placed or erected upon the lot. Garages shall be for the use only of the which they are appurtenant. Detached garages are discouraged but will be considered on a case by case basis by the Association.
occupants of the residence to 10. NATIVE GROWTH. The native growth of such lots, such as trees, bushes, shrubs, or other vegetation whatever, shall not be permitted to be destroyed, removed, installed or planted from or on any lot without prior written approval of the Association, based upon
es, bushes, shrubs, or other vegetation whatever, shall not be permitted to be destroyed, removed, installed or planted from or on any lot without prior written approval of the Association, based upon a site plan, landscaping plan or planting plan; 7 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE submitted to the Association.
stroyed, removed, installed or 1473 0295 In the event such growth is deplanted, except as stated above, replaceany dilithe Association may require the removal, replanting or ment of same, the cost thereof to be borne by the lot owner.
11. CONSTRUCTION COMPLETION. When the construction of residence is once begun, work thereon must be prosecuted gently and must be fully completed within eight (8) months of the date that 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.
12.
all other ASSESSMENTS.
The Association shall, in addition to powers granted to it herein and its charter and by-laws, have the power and authority to levy and collect assessments (regular and special) from each lot owner as follows: (a) The owner of each residential lot shall, by the acceptance of a deed or other conveyance for such lot, be deemed to covenant and agree and be obligated to pay the Association: (i) annual assessments, dues or charges, and (ii) special assessments for unexpected or unbudgeted expenses, capital improvements and other monetary obligations incurred by the Association in performing its duties and obligations.
Any special assessments shall be due and payable as determined in the sole discretion of the Association.
(b) The annual assessments shall be due and payable on
performing its duties and obligations.
Any special assessments shall be due and payable as determined in the sole discretion of the Association.
(b) The annual assessments shall be due and payable on January 1 of the year for which they are assessed or may payable in installments due monthly, quarterly or annually as in the sole discretion of the Association.
determined (c) All assessments or charges relating to a lot shall be fixed, established, levied and collected on a uniform basis for each lot as determined the the Association. However, expenses, costs and charges incurred by the Association for benefit of specific lot(s) shall be borne by the owner of lot(s) as set forth in Paragraph 12 (f) below.
the that (d) Each annual and/or special assessment, when due, 8 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 26402-0147 shall become a lien against the lot BOOK PAGE 1473 0296 assessagainst which such ments are made and shall continue as lien against such lot and shall be deemed to with the land until such time as collected by the Association or paid in full.
(e) The funds arising from said assessments or charges may be used for any or all of the following purposes: maintaining, operating, improving and replacing common areas, and the facilities and improvements located thereon, signage and landproperty; collecting and disposing of and the like; maintenance, scaping; protection of improvement garbage, ashes, rubbish and lighting of the community land and facilities; employing watchmen; enforcing these restrictions; paying taxes, insurance premiums, legal and accounting fees, governmental charges of all kinds and streets, roads, drives, rights of way, ions, other descriptindebtedness of the Association, and in addition, and
insurance premiums, legal and accounting fees, governmental charges of all kinds and streets, roads, drives, rights of way, ions, other descriptindebtedness of the Association, and in addition, and doing any other things necessary or desirable, in the opinion of the Association, to keep the property in neat and good order to provide for the health, welfare and safety of owners and residents of PARKSHORE ESTATES.
pay any lot to installment (f) Upon the failure of the owner of any assessment or charge, additional assessment, or thereof when due, the Association shall have the right to collect the amount thereof by an action at law against the owners as for a debt, and may bring and maintain such other suits and proceedings at law or at equity as may be available. Such rights and powers shall be deemed to run with the land and the successive owners of each lot, by the acceptance of deeds therefor, shall be deemed personally to assume and agree to pay all unpaid assessments or charges or additional assessments which have been previously levied against the property, and all assessments charges or additional assessments as shall become a lien during their ownership. Unpaid assessments or charges, ional assessments, or installments thereof, shall bear interest at the rate of one and one-half (1-1/2%) percent per month, or at the maximum legal rate, whichever is greater, from the due date or thereon addit9 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOON PAGE 1473 0297 thereof, until paid. Annual assessments shall be delinquent on February 1 and special assessments at the expiration of thirty (30) days from their due date. All costs and reasonable attorney's fees incurred in collection of delinquent assessments,
e delinquent on February 1 and special assessments at the expiration of thirty (30) days from their due date. All costs and reasonable attorney's fees incurred in collection of delinquent assessments, together with accrued interest, shall become a lien against the lot.
(g) The Association shall not be obligated to spend in any one calendar year all of the sums collected during said year by way of assessments or charges or additional assessments and may carry forward to surplus any balance remaining. The Association shall not be obligated to apply any such surplus to the reduction of charges in the succeeding year.
(h) The Association shall have authority, in its forth as discretion, to borrow money to expend for the purposes set hereinabove upon such terms and security and for such periods it may determine, and to repay said borrowings and the interest thereon from the assessments or charges or additional assessments provided for elsewhere in the Declaration.
13. ENTRY: The Association, its successors and assigns, and its agents are granted dential lot, such entry to devices and equipment, for clearing, cutting or pruning underbrush, weeds or other unsightly growth, repairing or maintaining exteriors of structures, or for the purpose of building or repairing earthwork, which in the the right to enter upon any resibe made by personnel with suitable the purpose of mowing, removing, opinion of the Association detracts from or is necessary maintain the overall beauty, ecology, to the The setting and safety of property. Such entrance shall not be deemed a trespass.
Association and its agents may likewise enter upon any lot area to remove any trash which has collected without such entrance and removal being deemed a trespass. The Association is authorized
espass.
Association and its agents may likewise enter upon any lot area to remove any trash which has collected without such entrance and removal being deemed a trespass. The Association is authorized to make reasonable charges to the owner for such services, shall become a lien upon the lot. The provisions of this paragraph shall not be construed as an obligation on the part of Association to undertake any of the foregoing.
which the 10 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 14.
BOOK PAGE 1473 0298 STREETS, EASEMENTS AND RIGHTS-OF-WAY: (a) The Developer does not by any deed conveying any any of the land in any platted or of said lots convey to the owner street and has and hereby reserves all easements for utilities, drainage or common areas, if any, shown on the recorded plat plats of said subdivision and full rights of ingress and egress for itself, its agents, employees, and assigns over any part of the property for the purposes of installing and servicing the utilities and drains for which the easements are reserved.
(b) No structures, including walls, fences, paving or planting shall be erected upon any part of the property which will interfere with the rights of ingress and egress provided in subpart (a) of this paragraph.
15.
SUBDIVIDING: No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Association. However, Developer hereby expressly reserves to itself, its successors and assigns, the right to replat any two (2) or more lots shown on the plat of the subdivision in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include, but not be limited
to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include, but not be limited to, the relocation of easements, walkways and rights of way to conform to the new boundaries of the said replatted lots.
All set benefit such 16. COVENANTS AND RESTRICTIONS TO RUN WITH THE LAND: of the covenants, conditions, restrictions and reservations forth herein shall run with the land, shall inure to the of each owner and each owner, by accepting the deed to premises, accepts the same subject to such covenants, conditions, restrictions and reservations and agreed for himself, his heirs, successors, administrators, executors, assigns and successors interest to be bound by each of such covenants, conditions, restrictions and reservations, jointly, separately and severally.
Each and every one of these covenants, conditions, reservations and restrictions is and are for the benefit of each owner of land in the subdivision, or any interest therein and shall inure to in 11 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 26402-0147 BOON PAGE 1473 0299 and pass with each and every lot of said subdivision.
17. COVENANTS AND RESTRICTIONS, ENFORCEABLE Each and every one of the covenants, JOINTLY AND conditions, SEVERALLY: restrictions and reservations contained herein shall be considered to be an independent and separate covenant and agreement and in the event any one or more of such covenants, conditions, restrictions and reservations shall for any reason be held to be invalid or unenforceable all remaining covenants, restrictions, and reservations shall nevertheless remain in full force, effect and virtue.
as 18. MODIFICATIONS AND AMENDMENTS: The Developer may, in its
alid or unenforceable all remaining covenants, restrictions, and reservations shall nevertheless remain in full force, effect and virtue.
as 18. MODIFICATIONS AND AMENDMENTS: The Developer may, in its sole discretion, amend or change any part or all of the restrictions, covenants and conditions herein set out until such time sixty (60%) percent of the lots in PARKSHORE ESTATES Subdivision have been sold and conveyed by the Developer. Developer shall not make any amendment or modification to this Declaration which will materially impair the value of any lot(s) in the subdivisThereafter, amendment of this Declaration shall require an affirmative vote of the owners of sixty-six and two-thirds (66 2/3) of the lots in the said PARKSHORE ESTATES Subdivision. Such modifications and/or amendments to this Declaration of Covenants, Conditions and Restrictions shall be made and accomplished by the filing in the Office of the Register of Deeds of New Hanover County a declaration of amended restrictive covenants.
ion.
19.
DURATION: All of the foregoing covenants, reservations, restrictions and conditions shall continue and remain in full force and effect at all times as against the owner of any lot in such premises, regardless of how he acquired title, for a period of time of twenty (20) years from the date hereof at which time these covenants, reservations, restrictions and conditions shall terminate and end and thereafter be of no further legal or equitable effect on such premises or any owner thereof; provided, however, that these covenants, conditions, reservations and restrictions shall be automatically extended for a period of ten (10) years, and thereafter in successive ten-year periods, unless 12 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 800P PAGE
rictions shall be automatically extended for a period of ten (10) years, and thereafter in successive ten-year periods, unless 12 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 800P PAGE 1473 0300 on or before the end of one of such extension periods or the base subdivision period the owners of a majority of the lots in the shall be written instrument duly recorded in the New Hanover County Registry declare a termination of the same. In the event the provisions hereunder are declared void by a court of COMpetent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against perpetuities as set forth in the laws of the State of North Carolina.
20. VIOLATIONS: In the event of a violation or breach of reservations or any of these covenants, conditions, restrictions or by any lot owner, or agent of such owner, the Association owner of any other property in PARKSHORE ESTATES Subdivision, or any of them jointly or severally, shall have the right to proceed at law or equity to compel a compliance to the terms hereof or to prevent the violation or breach. In addition to the foregoing, the Association shall have the right, at its option, there shall have been built on any lot any structure which is in violation of these restrictions, to enter upon such property where such violations exists, and whenever summarily abate or remove the be resame at the expense of the owner, if after thirty (30) days written notice of such violation it shall not have been corrected by the owner. Any such entry, abatement or removal shall not deemed a trespass. The failure to enforce any covenants,
thirty (30) days written notice of such violation it shall not have been corrected by the owner. Any such entry, abatement or removal shall not deemed a trespass. The failure to enforce any covenants, strictions, reservations or conditions contained in these Restrictions, however long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement.
21. ENFORCEMENT: The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all covenants, conditions, reservations, restrictions, liens and charges now or hereafter imposed by the provisions of this Declaration of Covenants, Conditions and Restrictions.
13 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 22. COST OF ENFORCEMENT: counsel to enforce any of the reservations, or BUOK Should the socation foregoing covenants, PAGE employ conditions, such restrictions, or re-entry, by reason of breach, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the Association shall have a lien upon such lots to secure payment of all such sums.
23. ANNEXATION AND DEVELOPMENT OF ADDITIONAL PROPERTIES: The Developer reserves the right to develop additional lands in the area of the Property which it may now own or hereafter acquire and such additional lands may be annexed to the said Real Property without the approval or assent of the owners of lots in the subdivision; provided, however, that any such future development of any additional property shall be compatible with and agreement and accordance with the 24.
REVIEW COMMITTEE: in general plan for the improve-
; provided, however, that any such future development of any additional property shall be compatible with and agreement and accordance with the 24.
REVIEW COMMITTEE: in general plan for the improvement and development of the Real Property hereinafter described.
INTERCHANGE BETWEEN ASSOCIATION AND ARCHITECTURAL Under any provision of this Declaration which relates to the submission, review approval of any plans, specifications, repairs, construction or any other matter relating the construction of improvements the identity or meaning of word "Association" and Architectural Review Committee shall be to the that body of persons vested with appropriate authority as determined by this Declaration and the Board of Directors of the Association.
IN WITNESS WHEREOF, TWO B & P PROPERTIES, INC. has caused this instrument to be signed, in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the 10th day of OCTOBER, 1989.
ATTEST: Hist.
(AFFEX CORPORATE SEAL) INC.
TWO B & P PROPERTIES, INC.
Шивени BY: President CORPORATE SEAL NORTH CAROLINA 14 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1473 0302 New I, JANE K. THOMPSON, a Notary Public of the County of Hanover and State aforesaid, do hereby certify that LYNN DYSON personally came before me this day and acknowledged that she is the Assistant Secretary of TWO B & P PROPERTIES, INC., and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, seal, and attested by herself as its sealed with its corporate Assistant Secretary.
1989.
WITNESS my hand and notarial seal this 10th day of October, Commission Expires:
in its name by its President, seal, and attested by herself as its sealed with its corporate Assistant Secretary.
1989.
WITNESS my hand and notarial seal this 10th day of October, Commission Expires: June 25, 1994 25,1994 June (AFFIX NOTARIAL SEAL) JANE K NEW THOMPSON NOTARY FUBLIC HANOVER NTY.
Space Notary Public STATE OF NORTH CAROLINA New Hanover County The Foregoing/Anned Certificate(s) of Jane K. Thompson Notary (Notaries) Public is/are certified to be correct.
This the _ 16 By _ day of October Rebecca P. Tucker, Register of Deeds mote Deputy/Assistant 19.89 /PARK-1 SUB:C 15 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147