Stonesthrow Declaration 4 30 1974

11.00 .50 1012 14 27 N.C.

STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, 1 CONDITIONS AND RESTRICTIONS THIS DECLARATION, made the 30th day of April, 1974, by WESTMINSTER COMPANY, & North Carolina Corporation, hereinafter referred to as "Declarant".

WITNESSETHỊ WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: Section 1 of Stonesthrow as the same is shown on in the map recorded in Map Book 16 at Page New Hanover County Registry, and as more fully described on the attached sheet marked "EXHIBIT A* which is to be taken as a part of this Declaration as though set out fully herein.

NOW, THEREFORE, Declarant hereby declares that all of the propertius 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.

ARTICLE I DEFINITIONS Section 1. *Association" shall mean and refer to Stonesthrow Homeowners Association, its successors and assigns.

Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, 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, Section 3. "Propertius" shall mean and refer to that certain

Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation, Section 3. "Propertius" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4. "Common Area" shall mean all real property owned The by the Association for the common use and enjoyment of the owners.

Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: 1012 The Common Area of Section 1 of STONESTHRON which is all of that area shown on map of Section 1 of STORESat Page 4 THROW which is recorded in Map Book 16 in the New Hanover County Registry, with the exception of lots 1th 8 and 31 thru 43 inclusive as the same are shown on said amp; with the exception further of the right of way of McMillan Street ad shown on said map and excepting further the rights of ways of any streets dedicated to public use that are shown on said map.

Section 1 of STONESTROS Subdivision being more fully described on the attached sheet marked A part of this "EXHIBIT A" which is to be taken as description as though fully set out herein.

Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 6. "Declarant" shall mean and refer to WESTMINSTER COMPANY, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment.

Every wner shall have a right and casemert of enjoyment in and to the Common Area which

Declarant for the purpose of development.

ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment.

Every wner shall have a right and casemert of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (8) The right of the Association to charge reasonable admission and other feas for the use of any recreational facility situated upon the Common Area: (b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; No (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency.

authority, or utility for such purposes and subject to such conditions as may be agreed to by the members.

such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded.

Section 2.

in Delegation of Use. Any owner may delegate, accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

shall be a ARTICLE III MEMBERSHIP AND VOTING RIGHTS lot which is subject to assessment Section 1. fivery owner of a Membership shall be appurtenant to member of the Association.

and may not be separated from ownership of any Lot which is subject to assessment.

-2Section 2.

voting membership: Class A.

The Aviation shall have two class of Class A members shall be all Owners with

arated from ownership of any Lot which is subject to assessment.

-2Section 2.

voting membership: Class A.

The Aviation shall have two class of Class A members shall be all Owners with the exception of the Declarant and shall be entitled When more than one to one vote for each Lot owned.

person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote he cast with respect to any Lot.

Class B.

The Class B member (s) shall be the Declarant and shall be entitled to three (3) votes The Class 1 membership shall for each Lot owned.

cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in Class A membership equal the total (b) votes outstanding in the Class B membership, or Upon six years after the date of this Declaration.

ARTICLE IV COVENANTS FOR MAINTENANCE 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 therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Associationi (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.

The annual and special assessments, together toes shall be a with interest, costs, and reasonable attorney's fees, charge on the land and shall be a continuing lien upon the property Each such assessment, together against which each assessment is made .

ll be a with interest, costs, and reasonable attorney's fees, charge on the land and shall be a continuing lien upon the property Each such assessment, together against which each assessment is made .

with interest, costs, and reasonable attorney's fees, shall also be the Owner of such propthe personal obligation of the person who was The personal obligation erty at the time when the assessment fell due .

for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

of Assessments. The assessments levied Section 2. Purpose by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and in particular for the acquisition, improvement and maintenance of properties, services and facilities devoted to this purpose and related to the exterior maintenance of the homes situated upon the Properties or for the use and enjoyment of the Common Area, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, the payment of taxes assessed against the Common Area, the procurement and maintenance of insurance in accordance with the By-Laws, the payment of charges for water furnished and water and sewer services rendered to the Properties, the employment of attorneys to represent the Association when necessary, and such other needs as may arise.

-30 101 17 J Section 3.

Maximum Annual Assessment.

Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Four Hundred Twenty Dollars ($420.00) per Lot.

(a) From and after January 1 of the year immediately following the conveyance

eyance of the first Lot to an Owner, the maximum annual assessment shall be Four Hundred Twenty Dollars ($420.00) per Lot.

(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 5% above the maximum assessment for the previous year without a vote of the membership.

(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 58 by a vote of twothirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.

(d) Any portion of the annual assessments fixed and levied hereunder to defray water and sewer charges shall, when collected, be segregated from the remaining annual assessment funds and bank shall be retained in a separate account until expended on the water and sewer charges. Any funds remaining in such bank account at the end of a calendar year shall be used to defray water and sewer charges for the next succeeding year.

-3AM1012 w th In Section 4. Special Assessments for capital improver ents.

addition to the annual assessments authorized above, the Astonition may levy, in any assessment year, a special annessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of of a capital any construction, reconstruction, repair or replaceme 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 votes of each class of members who

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 votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to crst sixty percent (608) of all the votes of each If the required quorum is class of membership shall constitute a quorum.

not present, another meeting may be called subject to the same notice requirement, and the required quorum and the subsequent meeting shall be No such one-half (1/2) of the required quorum at the preceding meeting.

subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 6. Both annual and special assessments must be fixed at a uniform rate for all lots within the same class and may be collected All lots owned by the Class member, which is the on a monthly basis.

Declarant, shall be assessed for both annual and/or special assessments at one-half or fifty percent of the assessment for lots owne by Class A members, but such fifty percent assessment ratio shall terminate immediately upon the transfer of any lot from the Class B member to a Class A member.

Due Section 7. Date of Commencement of Annual Assessments: Dates. The anal assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the

.

Due Section 7. Date of Commencement of Annual Assessments: Dates. The anal assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to The Board of Directors the number of months remaining in the calendar year.

shall fix the amount of the annual assessment against each Lot at least Written thirty (30) days in advance of each annual assessment period.

or subject thereto.

notice of the annual assessment shall be sent to every Ow The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid The Association shall, upon demand, and in pro-rata monthly installments.

for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.

Remedies of Section 8. Effect of Nonpayment of Assessments: the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 6 percent per annum. 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 or the Common Area or abandonment of his Lot.

The lien Section 9. Subordination of the Lien to Mortgages.

of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in

nate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. 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 transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lion thereof.

-4Box 1012 rare ARTICLE V 19 ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives In the event said Board, or its designated appointed by the Board.

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.

ARTICLE VI PARTY WALLS Each wall which is Section 1. General Rules of Law to Apply.

built as a part of the original construction of the homes upor the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of lia-

on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto.

The cost of Section 2 Sharing of Repair and Maintenance.

party wall shall be shared by the reasonable repair and maintenance of a party Owners who make use of the wall in proportion to such use.

1906 Section 3. Destruction by Fire or Other Casualty.

If a party 11 is destroyed or damaged by fire or other casualty, any Owner who has The wall may restore it, and if the other Owners thereafter make use of the 11, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions .

Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

The right of Section 5. Right to Contribution Runs with Land.

any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title .

Arbitration.

Section 6.

In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator , and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

ARTICLE VII EXTERIOR MAINTENANCE

, each party shall choose one arbitrator , and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

ARTICLE VII EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to paint repair, replace and care of assessment hérounder, as follows: roofs, gutters, downspouts, exterior building surfaces, trees, shrubs , grass, walks, and other exterior improvements. Such exterior maintenance shall not include (glass surfaces.

-5ment 1012 In the event that the word Anviteen 20 for Paintenance, repair, or repliceis caused throth the willful, or negligent act of the Owner, his is caused by fire, 11 ththand, windstorm , aircraft , family, quests, or hail, explosion, riot, riot attending a strike, civil manotion vehicles, and smoke, as the tooing are defined and explained in forth Carolina Standard Fire and Extended Cover upe insurance policies, the cost repairs shall be able to and become of such maintenance, replacement, or in Grder to enable a part of the assessment to which the Lot is subject.

, there in hereby reserved to the Association to accomplish the foregoing, the Association the right to unobstructed access over and upon each Lot at all reasonable times to perform maintenance as proved in this Article.

ARTICLE VIII CSE RESTRICTIONS No Lot shall be used Section 1. Land Use and Building Type.

residential purposes. No building shall be erected, altered, except for Any placed, or permitted to remain on any lot other than one single family townhouse dwelling not to exceed two and one-half stories in height.

building erected, altered, placed , or permitted to remain on any Lot shall be subject to the provisions

her than one single family townhouse dwelling not to exceed two and one-half stories in height.

building erected, altered, placed , or permitted to remain on any Lot shall be subject to the provisions of Article V of this Declaration of Covenants , Conditions and Restrictions relating to architectural control.

No noxious or offensive activity shall Nuisances.

Section 2.

be carried on upon any Lot, nor shall anything be done thereon which may to the neighborhood.

be or may become an annoyance or nuisance No structure of a temporary Section 3. Temporary Structures.

tent shack, garage, barn or other outbuilding character, trailer, basement, shall be used on any lot at any time as a residence wither temporarily or permanently.

ARTICLE 1X EASEMENTS Within Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.

these easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements.

ARTICLE X ANNEXATION OF ADDITIONAL PROPERTIES Section 1.

Annexation of additional property shall require the consent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class B members, if any, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 The presence of days nor more than 60 days in advance of the meeting.

If the required members or of proxies entitled to cast sixty percent (60%) of the votes of each class of membership shall constitute a quorum.

t any reeting, another

60 days in advance of the meeting.

If the required members or of proxies entitled to cast sixty percent (60%) of the votes of each class of membership shall constitute a quorum.

t any reeting, another meeting may be called quorum is not forthcoming subject to the notice requirement set forth above and the required quorum at each subsequent meeting shall be one-half of the required quorum of No such subsequent meeting shall be held more than the preceding meeting.

In the event that twothirds 60 days following the preceding meeting.

(2/3) of the Class A membership or twothirds (2/3) of the Class membership are not present in person or by proxy, members not present may give their written assent to the action taken thereat.

-61001012447 21 Section 2. If within ten years of the date of incorporation of this Association, the Declarant shall develop additional lands within the area described in Deed Book 978 at Page 75 in the Office of the Register of Deeds of New Hanover County, North Carolina, such additional lands may be annexed to said Properties without the assent of the Class A members, provided however, the development of the additional lands described in this section shall be in accordance with a general plan submitted to the Federal Housing Administration and the Veterans AdministraDetailed plans tion with the processing papers for the first section.

for the development of additional lands must be submitted to the Federal Housing Administration and the Veterans Administration prior to such development. if either the Federal Housing Administration or the Veterans Administration determines that the detailed plans are not in accordance with the general plan on file and either agency so advises the Association and the Declarant, the development of

or the Veterans Administration determines that the detailed plans are not in accordance with the general plan on file and either agency so advises the Association and the Declarant, the development of the additional lands must have the assent of two-thirds (2/3) of the Class A members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.

At this meeting, the presence of members or of proxies entitled to cast sixty percent (60%) of all of the votes of the Class A membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting .

No such subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 1.

ARTICLE X1 GENERAL PROVISIONS Enforcement. The Association, or any Owner, shall in equity , all ve the right to enforce any proceeding at law or restrictions, conditions, covenants , reservations, liens and charges no: Failure by or hereafter imposed by the provisions of this Declaration.

the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Severability.

Section 2.

Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force or effect .

Section 3. Amendment. The covenants and restrictions of this

enants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force or effect .

Section 3. Amendment. The covenants and restrictions of this Declaration shall run and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be The automatically extended for successive periods of ten (10) years.

covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety per cent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventyfive per cent (75%) 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 Any amendaffect any lien for the payment thereof established herein.

ment must be properly recorded.

Section 4. PHA/VA Approval, As long as there is a Class ng actions will require the prior approval of the membership, the following annexation Federal Housing Administration or the Veterans Administration : of additional properties, dedication of Common Area, and amendment of this --% I Section 2. If within ten years of the date of incorporation of this Association, the Declarant shall develop additional lands within the area described in Dead Book 978 at Page 75 in the Office of the Register of Deeds of New Hanover County, North Carolina, such additional lands may be annexed to said Properties

tional lands within the area described in Dead Book 978 at Page 75 in the Office of the Register of Deeds of New Hanover County, North Carolina, such additional lands may be annexed to said Properties without the assent of the Class A members, provided however, the development of the additional lands described in this section shall be in accordance with a general plan submitted to the Federal Housing Administration and the Veterans Administra~ Detailed plans tion with the processing papers for the first section.

for the development of additional lands must be submitted to the Federal Housing Administration and the Veterans Administration prior to such development. If either the Federal Housing Administration or the Veterans Administration determines that the detailed plans are not in accordance with the general plan on file and either agency so advises the Association and the Declarant, the development of the additional lands must have the assent of two-thirds (2/3) of the Class A members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.

At this meeting, the presence of members or of proxies entitled to cast sixty percent (60%) of all of the votes of the Class A membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting .

No such subsequent meeting shall be held more than 60 days following the preceding meeting.

ARTICLE X1

such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting .

No such subsequent meeting shall be held more than 60 days following the preceding meeting.

ARTICLE X1 GENERAL PROVISIONS Enforcement.

Section 1.

The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restriccions, conditions, covenants, reservations, liens and charges now Failure by or hereafter imposed by the provisions of this Declaration.

the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Severability.

Section 2.

Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force or effect .

Amendment.

Section 3, The covenants and restrictions of this Declaration shall run and bind the land, and shall inure to the benefit of and be enforceable by the Association , or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date thas Declaration is recorded, after which time said covenants shall be The automatically extended for successive periods of ten (10) years.

covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety per cent (90%) of the Lot Owners , and thereafter by an instrument signed by not less than suventy-five per cent (75%) 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 Any amend-

n suventy-five per cent (75%) 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 Any amendaffect any lien for the payment thereof established herein, ment must be properly recorded.

Section 4. FHA/VA Approval. As long as there is a Class B 1 actions will require the prior approval of the membership, the following Federal Housing Administration or the Veterans Administration: of additional properties, dedication of Common Area, and amendment of this annexation -7BOOK 1012 PALE Declaration of Covenants, Copstions and Restrictions.

Section 5. The Association acting through its officers, agents, servants, and/or employees shall have the right of unobstructed access to all reasonable times to all properties as may be reasonably necessary to perform the exterior maintenance called for in Article VII of this Declaration.

ARTICLE XII PARKING Section 1. Parking Rights. Ownership of each Lot in Section 1 of Stonesthrow Subdivision shall entitle the Owner or Owners thereof to the exclusive use of not more than two automobile parking spaces , which shall be as near and convenient to the Lot as reasonably possible , together with the right of ingress and egress in and upon said parking area. The Association shall permanently assign one vehicle parking space for each dwelling.

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein, has caused this Declaration to be signed in its corporate name by its President and attested by its Secretary and sealed with its corporate seal, all on the day and year first above written.

COMP Secretary WESTMINSTER COMPANY By: Vict President STATE OF NORTH CAROLINA I, COUNTY OF Build Public in and for the State

ealed with its corporate seal, all on the day and year first above written.

COMP Secretary WESTMINSTER COMPANY By: Vict President STATE OF NORTH CAROLINA I, COUNTY OF Build Public in and for the State and County aforesaid, certify that is il taistent personally came before me this day and acknowledged that she Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its County, and that by authority duly given principal office in and as the act of the Corporation, the foregoing instrument was signed in its name by its President, scaled with the Corporate Seal, and attested by vill as its Secretary.

1974.

WITNESS my hand and Notarial Seal, this the 23 day of Malip 13 CLY Notary Publ STATE OF NORTH CAROLINA My comision expicest New Hanover County In Foregoing Certificato Carolyn P. Sharpe, Natery Public in teribus to be correct.

1 hia the 19 August Dre by Calder & Stanley Lone Register y 74 His blend of Box 1012 M "EXHIBIT A" In the City of Wilmington in New Hanover County, North Carolina, and more particularly described as follows: Beginning at the point of curve where of McMillan Street intersects the Northern line of the Westminster Company "Stonesthrow" tract which is also the Southern line of property of the University of North Carolina at Wilmington and running thence from said beginning point and along said dividing line South 53° 47' East 809.58 feet; thence South 36° 00' West 153.0 feet ; thence South 21° 36' 45" East 324.50 feet; thence North 62° 19' 15" West 80.1 feet; thence South 67° 00' West 110.0 feet; thence South 26° 00' West 34.44 feet; thence North 63° 01' West 288.04 feet to a point in the Eastern line of McMillan Street; thence Northwardly along said Eastern line of McMillan Street as it curves to the West to a

0' West 34.44 feet; thence North 63° 01' West 288.04 feet to a point in the Eastern line of McMillan Street; thence Northwardly along said Eastern line of McMillan Street as it curves to the West to a point that bears North 16° 59' 30" East 157.66 feet from the last mentioned point; continuing thence along the it curves to the West Eastern line of McMillan Street as in a Northward direction to the point of beginning which bears North 23° 22' 30" West a distance of 717.99 feet from the last mentioned point.

Received and Recorded August 19, 19 Reglater ut and SETURNED TO .

STATE OF NORTH CAROLINA BOOK 10-16 PAGE 830 ALMITTED TO RECORD ROCK Nov 17 11 03 M *75 RAY 1: AR NOW CO., N.C.

DECLARATION OF COVENANTS COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 7th day of November, 1975, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT".

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: 17 at Page in the All of Section 2 of Stonesthrow as the same is shown on map recorded in Map Book New Hanover County Registry.

6 NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following casements, 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 heics, successors and assigns, and shall inure to the benefit of each 0541147 thereof, said easements, restrictions, covenants and conditions are

n the described properties, or any part thereof, their heics, successors and assigns, and shall inure to the benefit of each 0541147 thereof, said easements, restrictions, covenants and conditions are follows: All of Section 2 of Stonesthrow as above described is hereby Bude subject to the same easements, restrictions, covenants and conditions Lovering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974 and recorded August 19, 1974 in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: 18 1.

BOOK 1046 PACE 831 Article I, Section 4, is modified by changing the description "The common area of Section 2 of of the common area to the following: Stonesthrow is all of that area shown on map of Section 2 of Stonesthrow which is recorded in Map Book 1.7 at Page 6 in the New Hanover County 9 through 30 inclusive, as the same Registry, with the exception of Lots are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section 2 above referred to."

its IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein has Vich caused this Declaration to be signed in its corporate name by President and attested by its af. Secretary and sealed with its corporate seal, all on the day and year first above written.

ATTEST: A B Secretary WESTMINSTER COMPANY Dr. Joseph & Thomas By: Vice President STATE OF NORTH CAROLINA I, M.

COUNTY OF Onslow is auct.

a Notary Public in and for the

ay and year first above written.

ATTEST: A B Secretary WESTMINSTER COMPANY Dr. Joseph & Thomas By: Vice President STATE OF NORTH CAROLINA I, M.

COUNTY OF Onslow is auct.

a Notary Public in and for the State and County aforesaid, certify that Edward B. Henley II personally came before me this day and acknowledged that Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Suilford. County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by fimself as its a Secretary.

1975.

Witness my hand and Notarial Seal, this the 77.

My commission expires: Mary H. Bitt August 31, 1977 Notary Public November, DRAWN BY: CALDER AND STANLEY, ATTORNEYS AT LAW 411 CHESTHUT STREET WILMINGTON, N. C.

STATE OF NORTH CAROLINA New Hanover County The Foregung Certificate of Mary H. Batten, _Notary Public is certified to be correct.

This the 17 day of Nov.

Drawn By 19 75 Lois C. LeRay. Register of Deeds By Deloupku Bu Received and Recorded November 17,1975 at Register of Deeds.

A M.

500×1125 248 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER : DECLARATION OF COVENANTS, : CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 25th day of January, 1978, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT”.

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: 12 All of Section 3 of Stonesthrow as the same is shown on map recorded in Map Book 18 at Page 56 in the New Hanover County Registry.

NOW, THEREFORE, Declarant hereby declares that all of the

ibed as: 12 All of Section 3 of Stonesthrow as the same is shown on map recorded in Map Book 18 at Page 56 in the New Hanover County Registry.

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, said easements, restrictions, covenants and conditions are as follows: All of Section 3 of Stonesthrow as above described is hereby made subject to the same casements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set Declaration of Covenants, Conditions and kestric ons dated 1974 in Book 1012 at Page 14 April 30, 1974 and recorded Augus out in the New Hanover County Registry, which said Declarion of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: area 1. Article I, Section 4, is modified by changing the description of the common to the following: "The common area of Section 3 of Stonesthrow is all of that area shown on map of Section 3 of Stonesthrow which is recorded in Map Book 18 at Page 56 in the New Hanover County Registry, with the exception of Lots 44 through 4. inclusive and Lots 63 through 66 inclusive, as the 800 1125249 same are shown on the said map, which includes any area covered

the New Hanover County Registry, with the exception of Lots 44 through 4. inclusive and Lots 63 through 66 inclusive, as the 800 1125249 same are shown on the said map, which includes any area covered by the overhang of roofs or caves, but subject to the rights of way of any streets and roads shown on said map of Section 3 above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein caused this Declaration to be signed in its corporate name by its Assistant Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

WESTMINSTER COMPANY By: Assistant Vice President ADMITTED TO RECORD FILE HO 800X .PAGE ATTEST: Assistant Secretary STATE OF NORTH CAROLINA :::: RECORD OF POOR QUALITY DUE TO CONDITION OF ORIGINAL DOCUMENT COUNTY OF ONSLOW REGISTRAR: CO. N.C.

a Notary Public in and for LOIS CLIRAY the State and County aforesaid, certify that personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal cifice in Guilford County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Assistant Vice President, sealed with the Corporate Seal, and attested by himself as its Assistant Secretory.

WITNESS my hand and Notarial Seal, this t day of January, 1978 Notary Public :༢་ My commission expires: STATE OF NORTH CAROLINA :::: COUNTY OF NEW HANOVER The foregoing certificate of Alicia M. Gomez to be correct.

a Notary Public is certified This the 26 day of January, 1978.

DRAWN BY: POBERT CALDER LOIS C. LERAY, REGISTER OF DEEDS By J. Clark Deputy/ ATTORNEY AT LAW WILMINGTON, N. C.

Received and Recorded

ect.

a Notary Public is certified This the 26 day of January, 1978.

DRAWN BY: POBERT CALDER LOIS C. LERAY, REGISTER OF DEEDS By J. Clark Deputy/ ATTORNEY AT LAW WILMINGTON, N. C.

Received and Recorded Register of Deeds STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1136 1366 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 22nd day of August, 1978, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT" WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: 10 FILE NO.

ADMITTED TO RECORD NEW HANOVER.CO.EN.

REGISTRAR LOIS CLERAY Aug 25 11 00 AM '78 All of Section 3B of Stonesthrow as the same is shown on the map which is attached heret and made a part of this instrument as though fully set out herein and which is attached for the purpose of describing the lands to covered by this Declaration.

NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the Collowing easements, restri ions, 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, said easements, restrictions, covenants and conditions are as follows: All of Section 3B of Stonesthrow as described on the map attached hereto is hereby made subject to the same casements, restrictions, covenants

s, restrictions, covenants and conditions are as follows: All of Section 3B of Stonesthrow as described on the map attached hereto is hereby made subject to the same casements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants; Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANCE: 1. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section 3B of Stonesthrow is all of that area shown on map of Section 3B of Stonesthrow RETURNED T BOOK f Rifl 1136 1367 which is attached to this Declaration and made a part hereof as though fully set out herein, with the exception of Lots 48 through 51 inclusive and Lots 53 through 58 inclusive, as the same are shown on the said map which is attached which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map which is attached."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

: Marder sistant Secretary WESTMINSTER COMPANY BY: Jooph Ho Vice President STATE OF NORTH CAROLINA I, Alicia M. Gomez State and County aforesaid, certify that COUNTY OF ONSLOW!

a Notary Public in and for the James E. Maides.

personally

TER COMPANY BY: Jooph Ho Vice President STATE OF NORTH CAROLINA I, Alicia M. Gomez State and County aforesaid, certify that COUNTY OF ONSLOW!

a Notary Public in and for the James E. Maides.

personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and att sted by himself as its Assistant Secretary.

1978.

WITNESS my hand and Notarial Seal, this the 24th day of Aug: it, PUBLIC My comission expires: September 20, 1981 STATE OF NORTH CAROLINA : Notary Public COUNTY OF NEW HANOVER The foregoing certificate of Alicia M. Gomez Public, is certified to be correct.

A Notary 1978.

This the 25 day of August DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW WILMINGTON, N.C. 28401 BY: LOIS C. LERAY, REGISTER OF DEEDS Winifred M. Whil Assistant .STREE 1 N ล 1 42 29 RO BOOK 1136 SECTION I STONESTUROV MAD BOOK 16 PAGE 4 PAGE 1368 ☐ BJ 361 ་ 38 37 3 ติ 1 46 ac 168.0 1 J KON PIDE --5630131E 120.00 COMMON APEA 24 WAST 24 24 24 VIRON PIPE 24 74 •IRON PIPE 24 1460 - 7.400.0 2.459.06 COMMON ARCA SECTION 3 STONESTHROW MAP BOOK 10 PAGE 56 CcCo 1 65 GA GB 1 L SP3757 53.55 _ BC.3.0 IRON PIPE (FUTURMINSTER DAVE COMPANY "LOPMENT) 504 00'45'E 137.89 24 20 24 24 as or 20 20 +35945 COMMON AREA 210.0 N44 23'50°W VESTMINSTER COMPANY DEVELOPMENT) (FUTURE IRON PU IRON PIPE [STONES THROW Received and Recorded 8/25/78 at M Register of Deeds TATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1156 1672 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the

eived and Recorded 8/25/78 at M Register of Deeds TATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1156 1672 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 6th lay of September, 1979, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT".

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: 23 NON HANG All of Section 3C of Stonesthrow as the sam is shown on map recorded in Map Book 19 at Page 18 in the New Hanover County Registry?

SEP 10 11 40 101 CLRAY ADMITTED NOW, THEREFORP, Declarant hereby declares that all of the properties de cribed above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which and are for the purpose of protecting the value and desirability of, which shall run with, the real property and b 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 owra thereof, said easements, restrictions, covenants and conditions are as follows: 11 All of Section 3C of Stonesthrow as above described is hereby made subject to the same cartements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in DecJaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as

ust 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: 1. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section 30 of Stonesthrow is all of that area shown on map of Section 30 of Stonesthrow which is recorded in Map Pook 19 at Page 18 in the New Hanover 8907 ☐ 1156 1673 County Registry, with the exception of lots or Units 67 through 84 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section 30 above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant hercin caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and sealed with its corporate seel, all on the day and year first above written.

☐ 'EST..

J.

Assistant Secr ary STATE OF NORTH CAROLINA WESTMINSTER COMPANY By: William J.

Wilson Vice President I.

Alicia M. Gomez State and County aforesaid, certify that COUNTY OF ONSLOW a Notary Public in and for the James E. Maides personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by hirelf is its Assistant Secret y.

ALICH

n and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by hirelf is its Assistant Secret y.

ALICH WITNESS my hand and Notarial Seal, this the 6th day of September, Notary Public My Commission expires: Sept. 20, 1981 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER A Notary The foregoing certificate of Alicia M. Gomsz Public, is certified to be correct.

This the 10th day of September, 1979.

DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW WILMINGTON, NC LOIS C. LERAY, REGISTER OF DEEDS Mr BY: Deputy Assistant Received and Recorded 9-10-79 at M 7 Register of Deeds BOOK PAGE 1164 1636 DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 8th day of November, 1979, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT".

WITNESSE TH WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: 55 All of Section 3D of Stonesthrow as the sama is shown on map recorded in Map Book 19 at Page 71 in the New Hanover County Registry.

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 small 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

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, said easements, restrictions, covenAnts and conditions are as follows: All of Section 3D of Stonesthrow as above described is hereby made subject to the same casements, restrictions, covenants and conditions covering Section of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: 1. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section 3D of Stonesthrow is all of that area shown on map of Section 3D of BOOK PAGE 1164 1637 Stonesthrow which is recorded in Map Book 19 at Page 71 in the New Hanover County Registry, with the exception of Lots or Units 85 through 94 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section 3D above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

E Marce Secretary WESTMINSTER COMPANY BY: Vice President 100K

ts Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

E Marce Secretary WESTMINSTER COMPANY BY: Vice President 100K ADMITTED TO RECORD PAGE ILE NO.

NEW HANOVER CO., NS.

REGISTRAR LOIS C LERAY FEB 22 11 26 AM ' NORTH CAROLINA I, Alicia M. Gomez : COUNTY OF ONS: a Notary Public in and for the State and County aforesaid, certify that JAMES E. MAIDES, personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by himself as it ALICIA pant Secr tary.

COMEZ HOTARY BLI NESS my hand and Notarial Seal, this the 16th day of November, Alicia M.

Notary Public Bomig LYN COUNTY OF NEW HANOVER Alicia M. Gomez a Notary 1980 fon expires: 9/20/81 STATE OF NORTH CAROLINA The foregoing certificate of Public, is certified to be correct.

This the 222 FEB day of November, 1979...

DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW WILMINGTON, N. C.

Received and Recorded Lov 6. Le Ray Pocictor of Deeds LOIS C. LERAY, REGISTER OF DEEDS BY: Deputy Assistant 1191 1134 RECORDED AND Drawn by Robert Calder STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DECLARATION, made this the REBECCA A.

REGISTER OF * HAN SEP 4 37 FM'81 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 22nd day of April 1981, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT".

WITNESS ETH: WHEREAS, Declarant is the owner of certain property in the

ND RESTRICTIONS 22nd day of April 1981, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT".

WITNESS ETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: All of Section 4A of Stonesthrow, Phase II same is shown on map recorded in Map Book 20 at Page 76 in the New Hanover County Registry.

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 ben fit of each owner thereof, said easements, restrictions, covenants and conditions are as follows: Phase II All of Section 4A of Stonesthrow as above described is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATIONS AND CHANGES: 1. Article IX is modified by adding a new sentence as follows: "The declarant reserves the right to subject the real property in this

ut herein, BUT SUBJECT TO THE FOLLOWING MODIFICATIONS AND CHANGES: 1. Article IX is modified by adding a new sentence as follows: "The declarant reserves the right to subject the real property in this townhouse project to a contract with Carolina Power & Light Company for the installation of underground electric cables which may require an initial payment and/or a continuing monthly payment to Carolina Power & Light Company by the owner of each unit."

2. Article I, Section 4, is modified by changing the description of the comanon area to the following: "The common area of Section of Stonesthrow is all of that area shown on map of Section 4 A of Stones throw 65 BOOK 1191 -AGE 1135 Phase II through 12 which is recorded in Map Book ас at Page 76 in the New Hanover County Registry, with the exception of Lots or Units 1 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or caves, but subject to the rights of way of any streets and roads shown on said map of Section above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein has caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and scaled with its corporate seal, all on the day and year first above written.

ATTES WESTMINSTER COMPANY BY: Vice President Maider Assistant Secretary STATE OF NORTH CAROLINA I, Alicia M. Gomez : COUNTY OF ONSLOW a Notary Public in and for the State and County aforesaid, certify that JAMES E. MAIDES, personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the

cknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by himself as its Assistant Secretary.

FONSI WITNESS my hand and Notarial Seal, this the 22nd CORE PÚBLIC day of April Notary Public on expires: 9/20/81 STATE OF NORTH CAROLINA The foregoing certificate of Public, is certified to be correct This the 4ou COUNTY OF NEW HANOVER a Notary : Alicia M. Gomez.

day of September 1981.

REBECCA P. TUCKER, REGISTER OF DEEDS BY: Assistant BO..

1233 0098 DRAWN BY: ROBERT CALORE, ATTORNEY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECO AND VERWILD READ. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NON SEP 0 2 30 PH '83 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 40 THIS DECLARATION, made this the 1st day of August, 1983, by WESTMINSTER COMPANY, a North Carolina Corporation, herein referred to 35 "DECLARANT".

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: All of Section 4B of Stonesthrow, Phase II same is shown on map recorded in Map Book 22 at Page 14 in the New Hanover County Registry.

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

d 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, said easements, restrictions, as follows: covenants and conditions are All of Section 4B of Stonesthrow Phase II above described is hereby made subject to the same easements, restrictions, covenants and Conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, RUT SUBJECT TO THE FOLLOWING MODIFICATIONS AND CHANGES: 1. Article IX is modified by adding a new sentence as follows: "The declarant reserves the right to subject the real property in this townhouse project to a contract with Carolina Power & Light Company for the installation of underground electric cables which may require an initial payment and/or a continuing monthly payment to Carolina Power & Light Company by the owner of each unit.

2. Article I, Section 4, is modified by changing the descrip"The common area of Section tion of the common area to the following: of Stonesthrow is all of that area shown on map of Section 4B of Stonesthrow Phase II which is recorded in Map Rock 22 at Page 14 in the New Hanover County Registry, with the exception of Lots or Units 13 through 17 inclusive as the same are shown on the said map, which includes any

II which is recorded in Map Rock 22 at Page 14 in the New Hanover County Registry, with the exception of Lots or Units 13 through 17 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or caves, but subject to the rights of way of any streets and roads shown on said map of Section 4R above referred to.

RETURNED TO Joni Dean B007 -AGE 1233 0099 IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein has caused this Declaration to be signed in its corporate name by it Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written .

ATTEST BY: WESTMINSTER COMPANY.

Jos. Homes SENIOR VICE PRESIDENT $ Marden ASSISTANT SECRETARY STATE OF NORTH CAROLINA I, Patricia J.Jackson : COUNTY OF ONSLOW a Notary Public in and for the , personally State and County aforesaid, certify that James E. Maides came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Comporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed by its Vice President, sealed with the Corporate Seal, and attested by himself as its Assistant Secretary.

WITNESS my hand and Notarial Seal, this the 1st day of August, 1983.

NOTARY PUBLIC #1 S My commission expires: 8-17-85 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER This the 8th The foregoing certificate of Public, is certified to be correct.

day of Patricia J.Jackson a Notary September 1983.

REBECCA P. TUCKER, REGISTER OF DEEDS 384 Leida BY Alston DEPUTY/ASSISTANT BOUN -AGE 1233 0098 DRAWN BY: ROBERT CALDER, ATTORNEY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER

n a Notary September 1983.

REBECCA P. TUCKER, REGISTER OF DEEDS 384 Leida BY Alston DEPUTY/ASSISTANT BOUN -AGE 1233 0098 DRAWN BY: ROBERT CALDER, ATTORNEY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NC SEP 8 2 30 PH '83 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 40 THIS DECLARATION, made this the 1st day of August, 1983, by WESTMINSTER COMPANY, a North Carolina Corporation, herein referred to as "DECLARANT*.

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: All of Section 4B of Stonesthrow, Phase II same is shown on map recorded in Map Book 22 at Page 14 in the New Hanover County Registry.

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, said easements, restrictions, covenants and conditions are as follows: All of Section 4B of Stonesthrow Phase II above described is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New

covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrum...

ment as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODI– FICATIONS AND CHANGES: 1. Article IX is modified by adding a new sentence as follows: "The declarant reserves the right to subject the real property in this townhouse project to a contract with Carolina Power & Light Company for the installation of underground electric cables which may require an initial payment and/or a continuing monthly payment to Carolina Power & Light Company by the owner of each unit.'

2. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section of Stonesthrow is all of that area shown on map of Section 4B of Stonesthrow Phase II which is recorded in Map Book 22 at Page 14 in the New Hanover County Registry, with the exception of Lots or Units 13 through 17 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section 4R above referred to."

RETURNED TO Joni Dean BOOK PAGE 1233 0099 IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein has caused this Declaration to be signed in its corporate name by it Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

Marden KRETARY BY: WESTMINSTER COMPANY..

Jose. Thomas SENIOR VICE PRESIDENT

ent and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

Marden KRETARY BY: WESTMINSTER COMPANY..

Jose. Thomas SENIOR VICE PRESIDENT STATE OF NORTH CAROLINA I, Patricia J.Jackson ' COUNTY OF ONSLOW a Notary Public in and for the State and County aforesaid, certify that James E. Maides personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed by its Vice President, sealed with the Corporate Seal, and attested by himself as its Assistant Secretary.

WITNESS my hand and Notarial Seal, this the 1st day of August, 1983.

Patricia 11800.

NOTARY PUBLIC 21397 My commission expires: 8-17-85 STATE OF NORTH CAROLINA The foregoing certificate of Public, is certified to be correct.

COUNTY OF NEW HANOVER Patricia J.Jackson This the 8th day of September 1983.

RICHA a Notary REBECCA P. TUCKER, REGISTER OF DEEDS BY " DEPUTY/ASSISTANT Drawn by Robert Calder STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1191 1134 RECORDED AND VERIFIED, REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NO SEP 4 4 37 PH '81 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 22nd 1981, by WESTMINSTER COMPANY, A North Carolina Corporation, herein day of April referred to as "DECLARANT".

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington , County of New Hanover, State of North Carolina, which is more particularly described as: All of Section 4A of Stonesthrow, Phase II same is shown on map recorded in Map Book

n the City of Wilmington , County of New Hanover, State of North Carolina, which is more particularly described as: All of Section 4A of Stonesthrow, Phase II same is shown on map recorded in Map Book 20 at Page 76 in the New Hanover County Registry.

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, said easements, restrictions, covenants and conditions are as follows: Phase II All of Section 4A of Stonesthrow as above described is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATIONS AND CHANGES: 1. Article IX is modified by adding a new sentence as follows: "The declarant reserves the right to subject the real property in this townhouse project to a contract with Carolina Power & Light Company for the installation of underground electric cables which may require an initial payment and/or a continuing monthly payment to Carolina Power & Light Company

tract with Carolina Power & Light Company for the installation of underground electric cables which may require an initial payment and/or a continuing monthly payment to Carolina Power & Light Company by the owner of each unit."

2. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section of Stonesthrow is all of that area shown on map of Section 4A of Stonesthrow 65 BOOK PAGE 1191 1135 Phase II which is recorded in Map Book 20 at Page 76 in the New Hanover County Registry, with the exception of Lots or Units 1 through 12 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein has caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

ITE WESTMINSTER COMPANY BY: 7. Wil Vice President Maider Assistant Secretary STATE OF NORTH CAROLINA I, Alicia M. Gomez COUNTY OF ONSLOW a Notary Public in and for the State and County aforesaid, certify that JAMES E. MAIDES, personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by himself as its $1 $5 Secretary.

ONS ITNESS my hand and Notarial Seal, this the 22nd GOMEZ TARY UBLIC

ument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by himself as its $1 $5 Secretary.

ONS ITNESS my hand and Notarial Seal, this the 22nd GOMEZ TARY UBLIC sion expires: 9/20/81 STATE OF NORTH CAROLINA Public, is certified to be correct.

day of April Alicia M. Gome Notary Public COUNTY OF NEW HANOVER Alicia M. Gomez.

The foregoing certificate of This the 4th day of September 1981.

a Notary REBECCA P. TUCKER, REGISTER OF DEEDS BY: Deputy Assistant BOOK PAGE 1164 I 1636 DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW STATE OF NORTH CAROLINA DECLARATION OF COVENANTS, COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 8th day of November, 1979, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT".

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: ( 5 All of Section 3D of Stonesthrow as the same is shown on map recorded in Map Book 19 at Page 71 in the New Hanover County Registry.

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, said easements, restrictions, covenants and conditions are as follows: All of Section 3D of Stonesthrow as above described is hereby

nd assigns, and shall inure to the benefit of each owner thereof, said easements, restrictions, covenants and conditions are as follows: All of Section 3D of Stonesthrow as above described is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: 1. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section 3D of Stonesthrow is all of that area shown on map of Section 3D of BOOK PAGE 1164 1637 Stonesthrow which is recorded in Map Book 19. at Page 71 in the New Hanover County Registry, with the exception of Lots or Units 85 through 94 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section 3D above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

E. Marde Secretary WESTMINSTER COMPANY BY: Vice President PAGECORD ILE NO.

ADMITTED TO FEB 22 11 26 AM REGISTR O NEW HANOVER CO.

NORTH CAROLINA I, Alicia M. Gomez ' COUNTY ONSEE a Notary Public in and for the

Secretary WESTMINSTER COMPANY BY: Vice President PAGECORD ILE NO.

ADMITTED TO FEB 22 11 26 AM REGISTR O NEW HANOVER CO.

NORTH CAROLINA I, Alicia M. Gomez ' COUNTY ONSEE a Notary Public in and for the State and County aforesaid, certify that JAMES E. MAIDES, personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by himself as Stant Secretary.

COMEZ ROTARY PUBLIC N NESS my hand and Notarial Seal, this the 16th day of November, Gomez Alm.

Notary Public ✓ation expires: 9/20/81 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER : Alicia M. Gomez The foregoing certificate of Public, is certified to be correct.

This the 22 FEB 1980 day of November, 1979-; a Notary DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW WILMINGTON, N. C.

Received and Recorded .

Register of Deeds LOIS C. LERAY, REGISTER OF DEEDS BY: Deputy Assistant 80% STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK FACE 1156 1672 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 6th day of September, 1979, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT".

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particular described as: 23 All of Section 3C of Stonesthrow as the BOOK FILE NG NEW HANOVER..

RESTRAR LOIS CLERAY SEP 10 11 40 AM is shown on map recorded in Map Book 19 Page 18 in the New Hanover County Registry _ F

bed as: 23 All of Section 3C of Stonesthrow as the BOOK FILE NG NEW HANOVER..

RESTRAR LOIS CLERAY SEP 10 11 40 AM is shown on map recorded in Map Book 19 Page 18 in the New Hanover County Registry _ F ADMITTED TO RECORD NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following eusements, restrictions, covenants and conditions whic 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, said easements, restrictions, covenants and conditions are as follows: All of Section 3C of Stonesthrow as above described is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: 1. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section 3C of Stonesthrow is all of that area shown on map of Section 3C of Stonesthrow which is recorded in Map Book 19 at Page 18 in the New Hanover BOOP 1156 AGE 1673 County Registry, with the exception of Lots or Units 67 through 84 in-

area shown on map of Section 3C of Stonesthrow which is recorded in Map Book 19 at Page 18 in the New Hanover BOOP 1156 AGE 1673 County Registry, with the exception of Lots or Units 67 through 84 inclusive as the same are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section 3C above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

Assistant Secretary STATE OF NORTH CAROLINA WESTMINSTER COMPANY By: Willian Vice President I, Alicia M. Gomez State and County aforesaid, certify that COUNTY OF ONSLOW a Notary Public in and for the James E. Maides he is the personally came before me this day and acknowledged that Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by himself as its Assistant Secretary.

ALICIA WITNESS my hand and Notarial Seal, this the 6th day of September, PUBLIC Commission expires: Sept. 20, 1981 STATE OF NORTH CAROLINA : Notary Public COUNTY OF NEW HANOVER A Notary The foregoing certificate of Alicia M. Gomez Public, is certified to be correct.

This the 10th day of September, 1979.

DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW WILMINGTON, NC LOIS C. LERAY, REGISTER OF DEEDS BY: Oct Deputy ་ Received and Recorded 9-10-79 at 11:46 M Register of Deeds

is the 10th day of September, 1979.

DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW WILMINGTON, NC LOIS C. LERAY, REGISTER OF DEEDS BY: Oct Deputy ་ Received and Recorded 9-10-79 at 11:46 M Register of Deeds STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1136 1366 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 22nd day of August, 1978, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT”.

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: 10 ADMITTED TO RECORD BOOK FILE NO.

. PAGE _ LOIS CLERAY Aug 25 11 00 AM *78 REGIS NEW HANDY All of Section 3B of Stonesthrow as the samę is shown on the map which is attached hereto and made a part of this instrument as though fully set out herein and which is attached for the purpose of describing the lands to covered by this Declaration.

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, said easements, restrictions, covenants and conditions are as follows: All of Section 3B of Stonesthrow as described on the map attached hereto is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in

B of Stonesthrow as described on the map attached hereto is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974, and recorded August 19, 1974, in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and instrument as Restrictions is herein referred to and made a part of this though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: 1. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section 3B of Stonesthrow is all of that area shown on map of Section 3B of Stonesthrow RETURNED TO Donna Grady BOOK PAGE 1136 1367 which is attached to this Declaration and made a part hereof as though fully set out herein, with the exception of Lots 48 through 51 inclusive and Lots 53 through 58 inclusive, as the same are shown on the said map which is attached which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown.

on said map which is attached.* IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein caused this Declaration to be signed in its corporate name by its Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

WESTMINSTER COMPANY BY: 1. Homes Joh Vice President Marder Nesi ant Secretary STATE OF NORTH CAROLINA ± COUNTY OF ONSLOW I, Alicia M. Gomez State and County aforesaid, certify that a Notary Public in and for the James E. Maides.

personally

ce President Marder Nesi ant Secretary STATE OF NORTH CAROLINA ± COUNTY OF ONSLOW I, Alicia M. Gomez State and County aforesaid, certify that a Notary Public in and for the James E. Maides.

personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Vice President, sealed with the Corporate Seal, and attested by himself as its Assistant Secretary.

ALICIA 1978 PUBLIC 2.075, My FITNESS my hand and Notarial Seal, this the 24th day of August, coldsion expires: September 20, 1981 STATE OF NORTH CAROLINA : Alicia Notary Public Gomez COUNTY OF NEW HANOVER A Notary The foregoing certificate of Alicia M. Gomez.

Public, is certified to be correct.

This the 25 day of August DRAWN BY: ROBERT CALDER, ATTORNEY AT LAW WILMINGTON, N.C. 28401 1978.

LOIS C. LERAY, REGISTER OF DEEDS BY: Winifred M. Whitmen Deputy Assistant 1 डॉ भट STREET BOOK PAGE 1136 1368 I STONESTHROW ATION ON IG PAGE · 42 N 1 -37 36 B 168.0 IKON PIPE 565˚01°E 120.06 COMMON AREA 1ERON PIPE 44 47 SECTION 3 STONESTHROW MAD BOOK 10 PAGE 56 S 24 24 313.02 S1600' CHESTMINSTER COMPANY PRON PIPE COMMON AREA 6G 65 1 GA 1 69 53.45 137.93 COMMON AREA 210.0 IRON NGA 23'30"W IRON PIPE MON PIPE VESTMINSTER COMPANY (FUTURE DEVELOPMENT) SECTION 3B STONESTHROW Received and Recorded 8/25/78 at 11:00A.M Register of Deeds DC BOOK1125 A 248 STATE OF NORTH CAROLINA : COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 25th day of January, 1978,

A.M Register of Deeds DC BOOK1125 A 248 STATE OF NORTH CAROLINA : COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 25th day of January, 1978, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT”.

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: 42 All of Section 3 of Stonesthrow as the same is shown on map recorded in Map Book 18 at Page 56 in the New Hanover County Registry.

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, said easements, restrictions, covenants and conditions are as follows: All of Section 3 of Stonesthrow as above described is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974 and recorded August 19, 1974 in Book 1012 at Page 14 in the New Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE:

aid Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE: 1. Article I, Section 4, is modified by changing the description of the common area to the following: "The common area of Section 3 of Stonesthrow is all of that area shown on map of Section 3 of Stonesthrow which is recorded in Map Book 18 at Page 56 in the New Hanover County Registry, with the exception of Lots 44 through 47 inclusive and Lots 63 through 66 inclusive, as the дорого старт 01 BOOK1125 PAGE 249 same are shown on the said map, which includes any area covered by the overhang of roofs or eaves, but subject to the rights of way of any streets and roads shown on said map of Section 3 above referred to."

IN WITNESS WHEREOF, WESTMINSTER COMPANY, the Declarant herein caused this Declaration to be signed in its corporate name by its Assistant Vice President and attested by its Assistant Secretary and sealed with its corporate seal, all on the day and year first above written.

ATTEST: * Mar -N ssistant Secretary STATE OF NORTH CAROLINA WESTMINSTER COMPANY By: 7:11 - Assistant Vice President :: RECORD OF POOR QUALITY DUE TO CONDITION OF ORIGINAL DOCUMENT 2.1 COUNTY OF ONSLOW ADMITTED TO RECORD FILE NO.

BOOK PAGE JAN 26 4 24 FH *78 NEW HANOVER C GISTRA N.C.

I, Alicia M. Komis, a Notary Public in and for the State and County aforesaid, certify that smidi personally came before me this day and acknowledged that he is the Assistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the corporation, the foregoing

sistant Secretary of WESTMINSTER COMPANY, A North Carolina Corporation with its principal office in Guilford County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Assistant Vice President, sealed with the Corporate Seal, and attested by himself as its Assistant Secretary.

1GONITNESS my hand and Notarial Seal, this the 25day of January, 1978 Signin Notary Public My commission expires: pt.20, 1951 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of Alicia M. Gomez to be correct.

This the 26 day of January, 1978.

DRAWN BY: ROBERT CALDER ATTORNEY AT LAW WILMINGTON, N. C.

a Notary Public is certified LOIS C. LERAY, REGISTER OF DEEDS By: artean Received and Recorded Register of Deeds & DEY J. Clark Deputy STATE OF WORTH CAROLINA COUNTY OF NEW RANOVER BOOK 10-16 83 ACHITE TO CO /CT 15 V Nov 17 11 os 'M'75.

1: TRAN M CO., N.C.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this the 22h day of November, 1975, by WESTMINSTER COMPANY, A North Carolina Corporation, herein referred to as "DECLARANT”, WITNESSE T I: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: All of Section 2 of Stonesthrow as the sans is shown on map recorded in Map Book 17 at Page 6 in the New Hanover County Registry.

NOW, THEREFORE, Declarant hereby declares that all of the proparties 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

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, said easements, restrictions, covenants and conditions are as follows: All of Section 2 of Stonesthrow as above described is hereby made subject to the same easements, restrictions, covenants and conditions covering Section 1 of Stonesthrow as more fully set out in Declaration of Covenants, Conditions and Restrictions dated April 30, 1974 and recorded August 19, 1974 in Book 1012 at Page 14 in the Now Hanover County Registry, which said Declaration of Covenants, Conditions and Restrictions is herein referred to and made a part of this instrument as though fully set out herein, BUT SUBJECT TO THE FOLLOWING MODIFICATION AND CHANGE : 18 11.00 .50 14 10 CHAY 16:9 ...

STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made the 30th day of April, 1974, by WESTMINSTER COMPANY, a North Carolina Corporation, hereinafter referred to as "Declarant".

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described as: Section 1 of Stonesthrow as the same is shown on map; recorded in Map Book 16 at Page 4 in the New Hanover County Registry, and as more fully described on the attached sheet marked "EXHIBIT A"

bed as: Section 1 of Stonesthrow as the same is shown on map; recorded in Map Book 16 at Page 4 in the New Hanover County Registry, and as more fully described on the attached sheet marked "EXHIBIT A" which is to be taken as a part of this Declaration as though set out fully herein.

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.

ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Stonesthrow Baneovers Association, its successors and assigns.

Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, 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 perforsands of an obligation, Section 3. *Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4. *Common Area“ shall mean 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 is described as follows: : 1012 15 The Common Area of Section 1 of STONESTHROW which is all of that area shown on map of Section 1 of STONES-

Association at the time of the conveyance of the first lot is described as follows: : 1012 15 The Common Area of Section 1 of STONESTHROW which is all of that area shown on map of Section 1 of STONESTHROW which is recorded in Map Book 16 at Page in the New Hanover County Registry, with the exception of Lots 1 thru 831 for 4 inclusive as the same are shown on said map with the exception further of the right of way of McMillan Street as shown on said map; and excepting further the rights of ways of any streets dedicated to public use that are shown on said map.

Section 1 of STONESTHROW Subdivision being more fully described on the attached sheet marked "EXHIBIT A" which is to be taken as a part of this description as though fully set out herein.

Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 6. "Declarant" shall mean and refer to WESTMINSTER COMPANY, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

i 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 which shall be appurtenant to and shall pass with the title to every Lot, subject to the following_provisions: (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area: (b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which say assessment against his Lot remains unpaid; and for a period not to

Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which say assessment against his Lot remains unpaid; and for a period not to exceed 40 days for any infraction of its published rules and regulations: (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. Wo such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members sersaing to such dedication or transfer has been recorded.

Section 2. Delesation of Use. Any owner may delegats, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

ARTICLE III REURERSHIP AND WOTING RIGHTS Section 1. Every corner of a lot which is subject to assesent shall bet of the Anciation. Membership shall be appurtenant to separated to ownership of any Lot which and may not Art.

is subject to -21012 16 Section 2. The Asistion shall have two classes of voting membership: Class A.

Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

Class B.

The Class B member (s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall

all more than one vote be cast with respect to any Lot.

Class B.

The Class B member (s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) (b) When the total votes outstanding in Class A membership equal the total votes outstanding in the Class B membership, or Upon six years after the date of this Declaration.

ARTICLE IV COVENANTS FOR MAINTENANCE 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 therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special 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 Each such assessment, together against which each assessment is made.

with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fall due. The personal obligation for delinquent assessment shall not pass to his reccessors in title unless expressly assumed by them.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and in

.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and in particular for the sosisition, improvement and maintenance of properties, services and facilities devoted to this purpose and related to the exterions of the homes situated upon the properties or for the per and enjoyment of the Common Area, including but not limited to, the cost of repairs, replacements and additions , the cost of labor e aterial, management and supervision , the payent of tax against the Common Area, the procurement and · Baktenance of insurance in accordance with the By-Laws, the payment of charges for water furnished and water and sewer services rendered to the Properties. the exployment of attorneys to represent the Association when Recessary, and seck other needs as may arise.

-> 1012 17 Section 3. Maximum Annual Assessment.

Outil January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Four Hundred Twenty Dollars ($420.00) per Lot.

(8) (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 each year not more than 5 above the maximam assessment for the previous year without a vote of the membership.

Prom 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 51 by a vote of twothirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

" (0) The Board of Directors may fix the anual assessment at an amount not in

wothirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

" (0) The Board of Directors may fix the anual assessment at an amount not in excess of the maxÅNDERAR.

(d) Any portion of the manual assessments fixed and levied hereunder to defrry water and sewer charges shall, than collected, be segregated from the remaining assesment funds and bank shall be retained in a separato account until expended on the water and sover charged. Any funds remaining in such bank account at the end of a alendar year shall be used to defray water and some charges for the next seeding year.

mouth MM1012 2 18 In Section 4. Special Assessments for Capital Improvements.

addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the 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 (273) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of eachclass of membership shall constitute a quorum. If the required quorum is

first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of eachclass of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum and the subsequent meeting shall be subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 6. Both annual and special assessments must be fixed at a uniform rate for all lots within the same class and may be collected on a monthly basis. All lots owned by the Class B member, which is the Declarant. shall be assessed for both annual and/or special assessments at one-half or fifty percent of the assessment for lots owned by Class A members, but such fifty percent assessment ratio shall terminate immediately upon the transfer of any lot from the Class B member to a Class A member.

Section 7. Date of Commencement of Annual Assessments: DIS Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Omer subject thereto.

The due dates 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

stablished 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 Association setting forth whether the assessments on a specified Lot have been paid.

Section 8. Effect of Monpayment of Assessments: Remedios of the Association. Any assesment not paid withis thirty (30) days after the due date shall bear interest from the due date at the rate of 6 percent por um, The Association may bring an action at law against the Ormer personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise ercape liability for the e88415sents provided for herein by non-use of the Common Area of abandonment of his Lot.

Section 5. Subordination of the Lien to Hortsages. The Lise of the assessments provided for herein shall be subordinate to the lina of any first mortgage. Sale or transfer of any Lot shall not affect the SUSE LAMPnt lion. Now, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguisk the lien of such assessments as to payments which became due prior to sach sale of transfer. No sale or transfer shall relieve such Lot from lis bility for any assessments thereafter becoming dus or from the line thereof.

p81012R ARTICLE V 19 ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of

upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harsony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said 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.

ARTICLE VI PARTY MALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.

Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in

damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.

Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to sech Owner's successors in title.

Section 6. Arbitration. In the event of any dispute arising esmourning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

ARTICLE VII EXTERIOR MAIXTEHANCX In addition to maintenence upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is sub'ect to assessment hereunder, as follows: past, repair, replace and care of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, graus, walks, and other exterior improvements. Such exterior maintenan shall not include glass surfans.

-5Note MEK 1012L 30 In the event that the need for maintenance, repair, or replacement is caused through the willful, or negligent act of the Owner, his family, guests,

not include glass surfans.

-5Note MEK 1012L 30 In the event that the need for maintenance, repair, or replacement is caused through the willful, or negligent act of the Owner, his family, guests, or invitees, or is caused by fire, lightning, windstors, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, and smoke , as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage insurance policies, the cost of such maintenance, replacement, or repairs shall be added to and become a part of the assessment to which the Lot is subject. In order to enable the Association to accomplish the foregoing, there is hereby reserved to the Association the right to unobstructed access over and upon each Lot at all reasonable times to perform maintenance as provided in this article.

ARTICLE VIII USE RESTRICTIONS Section 1. Land Use and Building Type. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one single family townhouse dwelling not to exceed two and one-half stories in height. Any building erected, altered, placed, or permitted to remain on any Lot shall be subject to the provisions of Article V of this Declaration of Covenants, Conditions and Restrictions relating to architectural control.

Section 2. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

1 Section 3. Temporary Structures. No structure of a temporary character, trailer, basement, tent shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently .

uctures. No structure of a temporary character, trailer, basement, tent shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently .

ARTICLE IX EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and Maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements.

ARTICLE X ANNEXATION OF ADDITIONAL PROPERTIES Section 1. Annexation of additional property shall require the consent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class 3 members, if any, at a meeting duly called for this purpose, written notion of which shall be sent to all members not less than 30 days or more than 60 days in advance of the mosting. The presence of members or of proxies entitled to cast sixty percent (601) of the votes of each class of membership shall constitute a quorum. If the required or is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quortan at each subsequent meeting shall be one-half of the required quorum of the preceding meeting. No such subsequent seating shall be held more than 68 days following the preceding meeting. In the event that two-thirds (2/3) of the Class A membership or two-thirds (2/3) of the Class } ambership are not present in person or by proxy, Pubers not present may give their written sent to the action takes thereat.

1 1012 PRE 21

f the Class A membership or two-thirds (2/3) of the Class } ambership are not present in person or by proxy, Pubers not present may give their written sent to the action takes thereat.

1 1012 PRE 21 Section 2. If within ten years of the date of incorporation of this Association, the Declarant shall develop additional lands within the area described in Deed Book 978 at. Page 75 in the Office of the Register of Deeds of New Hanover County, North Carolina, such additional lands may be annexed to said Properties without the assent of the Class A members, provided however, the development of the additional lands described in this section shall be in accordance with a general plan submitted to the Federal Housing Administration and the Veterans Administration with the processing papers for the first section. Detailed plans for the development of additional lands must be submitted to the Federal Housing Administration and the Veterans Administration prior to such development. If either the Federal Housing Administration or the Veterans Administration determines that the detailed plans are not in accordance with the general plan on file and either agency so advises the Association and the Declarant, the development of the additional lands must have the assent of two-thirds (2/3) of the Class A members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.

At this meeting, the presence of members or of proxies entitled to cast sixty percent (601) of all of the votes of the Class A membership shall constitute a quorum. If the required quorua is not forthcoming at any

ng, the presence of members or of proxies entitled to cast sixty percent (601) of all of the votes of the Class A membership shall constitute a quorum. If the required quorua is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.

No such subsequent meeting shall be held more than 60 days following the preceding meeting.

ARTICLE XI GENERAL PROVISIONS Section 1. Inforcement.

The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, lians and charges now or bereafter imposed by the provisions of this Declaration. Failure by the Association or by any 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. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force or effect.

Section 3. Amendment. The covenants and restrictions of this Declaration shall run and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, Recessors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be The automatically extended for successive periods of ten (10) years.

govants and restrictions of this Declaration may be amended during the

ration is recorded, after which time said covenants shall be The automatically extended for successive periods of ten (10) years.

govants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety per cent (901) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five per cent (754) of the Lot Owners.

provided that so amendment shall alter any obligation to pay ad valorem taxes of assessments for public improvements, as herein provided, or Aayandaffect any liam for the payment thereof established herein.

ment sust be properly recorded.

Section 4. PHA/VA Approval. As long as there is a Class & embership. the following actions will require the prior approval of the nation Pederal Housing Administration or the Veterans Administration: of additional properties, dedication of Common Area, and amendment of this -1M1012 M Declaration of Covenants, Conditions and Restrictions, Section 5. The Association acting through its officers, agents, servants, and/or employees shall have the right of unobstructed access to all reasonable times to all properties as may be reasonably necessary to perform the exterior maintenance called for in Article VII of this Declaration.

ARTICLE XII PARKING Section 1. Parking Rights. Ownership of each Lot in Section 1 of Stonesthrow Subdivision hall entitle the owner or Owners thereof to the exclusive use of not more than two automobile parking spaces, which shall be as near and convenient to the Lot as reasonably possible, together with the right of ingress and egress in and upon said parking area. The Association shall permanently assign one vehicle parking space for each walling.

ent to the Lot as reasonably possible, together with the right of ingress and egress in and upon said parking area. The Association shall permanently assign one vehicle parking space for each walling.

IN WITNESS WITREOF, WESTMINSTER COMPANY, the Declarant berein, has caused this Declaration to be signed in its corporate name by its President and attested by its Secretary and sealed with its corporate seal, all on the day and year first above written.

ER WESTMINSTER Vict m "President STATE OF HORTIL. CAROLINA I.

COUNTY OF d Notary Public in and for the State p and County alocasa, certify that y personally came before so this day and sledged that she OŚ MIESTNENSTER COMPRAT, & Borth Carolina Corporation wiTE principal office in County, and that by anthority daly givan as the net of the Conferation, the foregoing instrument vas signed in by its a resident, sesiad with the Corporate Smal, and attered by Virtsandbeeretary.

1974.

expires: and and notarial Seal, this 2 day of may Canbyr • Caféer & Skundey Bo C. ba Sotary Paste