Book IS ZOrce $23 prepared by and mail to: Sharon A. Thompson Box 2164, Durham, North Carolina 277082 NORTH CAROLINA DURHAM COUNTY DECLARATION OF COVENANTS, RESTRICTIONS BYLAWS OF WHITE OAK PARK HOMEOWNERS ASSOCIATION AND THE KM GROUP R NORTH CAROLINA CORPORATION THIS DECLARATION, made and entered into this the 31Sfaay of | January, 1989, by and between The KM Group, a North Carolina Corporation, (hereinafter referred to as Declarant), and the White Oak Park Homeowners Association, (hereinafter referred to as Association).
W-1I-T-N-E-S-S-E-T-H THAT WHEREAS, Declarant is the owner in fee simple of certain real estate located in the City of Chapel Hill, and County of Durham, State of North Carolina, a more particular description of which appears on Exhibit A attached hereto, together with all buildings and improvements now or hereafter constructed or located thereon, and all rights, privileges, easements and appurtenances belonging to or in any way pertaining to said real estate; and THAT WHEREAS, Declarant desires to submit all of said property shown on Exhibit A to the Act.
NOW, THEREFORE, Declarant, as the owner of said property, hereby declares as follows: ARTICLE I - DEFINITIONS As used herein, the following words and terms shall haye the following meanings: 1. Association. The White Oak Park Homeowners Association, an unincorporated association of owners of lots in White Oak Park herein described. : 2. Board. The Board of Directors of the Association.
3. Common Elements. Two certain tracts of land, to wit: BK 68 3 FORPT J©-9-1 ee ees wg Deen EM Rh 2D RE en ee ee et SEN TIR Nae memes Wr arm SEG TERT ANNAN NL AM RNY er ENE eet at whet eee BOK 1520p §24 All Of Lots A and B of white oak Park, as shown on a certain
FORPT J©-9-1 ee ees wg Deen EM Rh 2D RE en ee ee et SEN TIR Nae memes Wr arm SEG TERT ANNAN NL AM RNY er ENE eet at whet eee BOK 1520p §24 All Of Lots A and B of white oak Park, as shown on a certain Plat and survey thereof by ENT Land Surveys dated January 18, 1989, and recorded in the Durham County Registry in Plat Book ’ Page e 4. Common Expenses. Expenditures made or liabilities incurred “by or. on behalf of the Association, together with any allocations to reserves, ' 5. Condominium. The Condominium created by this Declaration.
6. Declarant. The KM Group, Inc., and (i) any other person who has “executed this Declaration (or who hereafter executes an amendment to the Declaration to add Additional Real Estate) except Security Holders and except persons whose interests in the property will not be conveyed to lot owners, and (11) any person who succeeds to any Special Declarant Rights pursuant to General Statutes 47C-3-164.
7. Declarant Control period. The period commencing on the date hereof an continuing until the earlier of (i) the date two (2) years after the date Declarant ceases to offer lots for sale in the ordinary course of businesses, or (i) the data upon which the Declarant surrenders control of the condominium or (ii) the date 12@ days after the Declarant has conveyed 75% of the lots as the same may be expanded by amendments to this Declaration, to lot owners other than a Declarant. During the Declarant Control Period, Declarant shall have all rights specified by General Statues 47C-3-103(d).
8, First Mortgage and First Mortgagee. The first mortgage is a mortgage or deed of trust which has been recorded in the Durham County Registry and which is a first lien on the lots described therein. A first mortgagee is the holder, from time
first mortgage is a mortgage or deed of trust which has been recorded in the Durham County Registry and which is a first lien on the lots described therein. A first mortgagee is the holder, from time to time, of the evidence of indebtedness secured by a first mortgage, If there is more than one said holder of a single evidence of indebtedness, they shall be considered as, and act as, one first mortgagee for all purposes under this Declaration and the ByLaws.
9. Plat and Plans. The plat and plans of the Condominium recorded with, and by the Act made a part of, this Declaration, as the same may hereafter be amended. .
~2- NN ERR LESS iE LOT ACCENT TCA NA LHI CREEPER ANE SA8 AMMA Bra oe Ie EMI BR Sr no ne Mrrinnnme sn tam Se UR BARE AL oe eS BK TS ZOrace $25 16. Occupant. Any person or persons in possession of a lot, including lot owners, the family members, lessees, guests and invitees of such person or persons, and family members, guests and invitees of such lessees.
11. Person. A natural person, corporation, partnership, trust or other entity, or any combination thereof.
12. Property. The real estate described on Exhibit A, together with all buildings and improvements now or hereafter constructed or located thereon, and all rights, privileges, easements and appurtenances belonging to or in any way pertaining to said real estate.
13. Security for an Obligation. The vendor's interest in a contract for deed, mortgagee's interest in a mortgage, trustee's interest in a deed of a trust, or the holder's interest in a lien, : 14. Security Holder. Any person owning a Security for an Obligation in a lot, 15. Special Declarant Rights. The rights reserved herein and in the ByLaws for the benefit of Declarant, as follows: to
: 14. Security Holder. Any person owning a Security for an Obligation in a lot, 15. Special Declarant Rights. The rights reserved herein and in the ByLaws for the benefit of Declarant, as follows: to complete the improvements indicated on the plat and plans; to maintain a sales office, models and signs advertising the lots; to elect, appoint or remove members of the Board during the Declarant Control Period. Special Declarant rights shall exist for a period of three (3) years form the date of this Declaration.
16. Lot. Each individual lot and any residential dwelling erected as contained on the above-referenced plat, together with its percentage of undivided interest in the Common Elements as set forth on Exhibit B. Each lot is designated and delineated on the plat and plans. ‘ 17. Lot Owner. The person or persons, including the Declarant, owning a lot in fee simple, but excluding security holders.
ARTICLE II ~ SUBMISSION OF PROPERTY TO THE ACT I EN ACT Section 1. Submission. Developer hereby submits that portion of the property described in Exhibit A to the North Carolina Condominium Act.
Section 2. Name. The property shall hereafter be known as White Oak Park.
-3SENIOR AT: “ROSMARINUS ASAD SIA ZEIT RIN A B00K 15 20puce $26 Section 3. Division into tots. Declarant, pursuant to the Act and to establis a plan of condominium ownership for the Condominium, does hereby divide the property described in Section 1 above: into 12 lots, and does hereby designate all such lots for separate ownership, subject, however, to the provisions of Section 4 of this Article.
Section 4. Alteration of Lots. Subject to the provisions of eration of Lots the ByLaws, a lot may be altered pursuant to the provisions of General Statues 47C-2-111 and 112.
Section 4 of this Article.
Section 4. Alteration of Lots. Subject to the provisions of eration of Lots the ByLaws, a lot may be altered pursuant to the provisions of General Statues 47C-2-111 and 112.
Section 5. Lot Allocations. The allocations to each lot of a percentage of undivided interest in the Common Elements, of votes in the Association, and of a percentage of the Common Expenses, are as stated in Exhibit B. The allocation of undivided interest in the Common Elements and of the Common Expenses is in proportion to the area of each lot to the total area of all units. The votes in the Association are equally allocated to all lots.
Section 6. Encumbrances. There are no known liens, defects or encumbrances on the property described in Exhibit A except a Deed of Trust from the K M Group, Inc., to Central Carolina Bank & Trust Company, N.A., Trustee for Home Savings and Loan Association, Inc., dated October 28, 1988, and filed in the Registry of Durham County, North Carolina on October 31, 1988 in Book 1487, Page 733, and general utility easements of record in Durham County Registry.
Section 7. Condominium Ordinances. The Condominium is not Subject to any code, real estate use law, ordinance, charter Provision or regulation (i) prohibiting the condominium form of ownership or (ii) imposing conditions or requirements upon a condominium which are not imposed upon physically similar developments under a @ifferent form of ownership. This statement is made pursuant to General Statues 47C-1-196(d) of the Act for the purpose of providing marketable title to the units in the Condominium. ‘ Section 8. Reservation of Declarant Control and Special Declarant Rights. Declarant hereby reserves the Declarant Period and all Special Declarant Rights.
-4. peepee sen =
nits in the Condominium. ‘ Section 8. Reservation of Declarant Control and Special Declarant Rights. Declarant hereby reserves the Declarant Period and all Special Declarant Rights.
-4. peepee sen = BOOK 15 Z0pace 827 ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1 - Members 1. Members. Each lot owner shall be a member of the Association, and shall remain a member until he ceases to be a lot owner. When there is more than one lot owner of a lot, all such persons shall be members of the Association.
2. Registration. It shall be the duty of each lot owner to register his name and the number of the lot with the Secretary of the Association. If a lot owner does not so register, the Association shall be under no obligation to recognize his membership.
3. Prohibition of Assignments. The interest of a member in the Association assets cannot be transferred or encumbered except as an appurtenance to his lot.
4. Place. Meetings of the members shall be held at such Place as Shall be designed from time to time by the Board.
5. Annual Meeting. The members shall meet at least once each year as Specified in the notice of such meeting given pursuant to Section 4. At each annual meeting the members shall elect members of the Board ("Directors") and may transact any other business properly coming before them.
6. Special Meetings. Special meetings of the members may be called at any time by the President or by the Board, and shall be called and held within thirty (36) days after written request therefor signed by members of the Association entitled to cast at least fifty-one (51%) of the total votes in the Association is delivered to any officer or Director of the Association. No business shall be transacted at a special
the Association entitled to cast at least fifty-one (51%) of the total votes in the Association is delivered to any officer or Director of the Association. No business shall be transacted at a special meeting except that which is stated in the notice thereof.
7. Notices, Notice of all meetings of the members, stating the time and place, and accompanied by a complete agenda thereof, shall be given by the President or Secretary to each member. Such notice shall be in writing, and shall be hand delivered or sent by United States mail to the members at the addresses of their respective lots and to other addresses as any member may have designed to the President or Secretary, at least twenty-one (21) days in advance of any annual or regularly scheduled meeting and at least seven (7) days in advance of any other meeting.
8. Quorum; Adjournment if no Quorum. A quorum shall consist of members present, in person or by proxy, entitled to cast at least sixty-six and two-thirds percent (66 2/3%) of the total votes in the Association. If a quorum is not present, the meeting shall be adjourned from time to time until a quorum is present.
-5- BKLS LOPE §28 9 Votes; Association Shall Not vote. Each lot owner receives one vote and when there 18 more than one lot owner of a lot, the vote for that lot shall be cast as they shall determine. The vote allocated to a lot shall not be split but shall be voted as a single vote, 16. Manner of Casting Votes. votes may be cast in person or by proxy. A proxy must be in writing, be signed by al lot owners of the lot the votes of which are subject to the proxy, be given only to another member, and be filed with the Secretary before the meeting. A proxy shall be valid until revoked in writing by all lot owners of such lot,
s of which are subject to the proxy, be given only to another member, and be filed with the Secretary before the meeting. A proxy shall be valid until revoked in writing by all lot owners of such lot, ll. Required votes. All questions shall be decided by a majority of the votes cast on the question, unless the provisions of applicable law, this Declaration and Bylaws require a greater vote.
12. Action by Members Without Meeting. Any action that may be taken at a meeting of the members, May be taken without a meeting if such action is authorized in writing, setting for the the action taken and is signed by all members, or if such action is taken in any other manner permitted by law.
13. Prohibition of Cumulative Voting. There shall be no cumulative voting.
ARTICLE II.
Section 2 -Directors 1. Board. The Board shall consist of the five (5) persons elected by the members. Each Director shall be a lot owner.
2. Election of Directors. At the first annual meeting of the members, and at each subsequent annual meeting, the members shall elect the Directors by a majority of the votes cast in the election, ae 3. Term. The terms of the Directors shall be for a period of one year.
-6Senteserssinendentiatietintetetasrneita tatiana tt initiate en endeneainte Eenememataints a itenheanniarandaderaatoraimattdiid acear eaten ea eT TT ee Dee ee tate ates BOOK 25 ZOpxcE $29 4. Removal. Any Director may be removed, with or without cause, by a vote of the members entitled to cast at least seventy-five (75%) percent of the total votes in the Association, at a special meeting called for such purpose, and a successor may then be elected by the members to serve for the balance of the removed Director's term.
5. Vacancies. Any vacancy in the Board arising by death or
meeting called for such purpose, and a successor may then be elected by the members to serve for the balance of the removed Director's term.
5. Vacancies. Any vacancy in the Board arising by death or resignation of a Director shall be filled by act of the remaining Directors, and a Director so elected shall serve for the unexpired term of his predecessor in office.
6. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined by a majority of the Directors. Notice of regular meetings shall be given to each Director, personally or by mail, a telephone, at least seventy-two (72) hours prior to the meeting.
7. Special Meetings. Special meetings of the Board may be called by the President and shall be called by the President or the Secretary and held within ten (18) days after written request therefor signed by two (2) Directors is deliverd to any other director or the President or the Secretary. Not less than seventy-two (72) hours’ notice of such special meeting shall be given personally or by mail, a telephone, to each Director; provided that in case the President or any Director determines that an emergency exists, a special meeting may be called by giving such notice as is possible under the circumstances. All notices of a special meeting shall state the time, Place and purpose thereof, No business shall be transacted at a special meeting except that which is stated in the notice thereof.
8. Quorum; Adjournment if No Quorum. A majority of the Board shall constitute a quorum for the transaction of business at any meeting of the Board. If a quorum is not present, the meeting shall be adjourned from time to time until a quorum is present. The signing by a Director of the minutes of a meeting
n of business at any meeting of the Board. If a quorum is not present, the meeting shall be adjourned from time to time until a quorum is present. The signing by a Director of the minutes of a meeting shall constitute the presence of such Director at that meeting for the purpsoe of determining a quorum.
9. Manner of Acting. Each Director shall be entitled to one (1) vote. The act of a majority of the Directors present at a meeting shall constitute the act of the Board unless the act of a greater number is required by the provisions of applicable law, or this Declaration and Bylaws.
-7(PSEA CORE NRE NATRONA INIT ROCA AAR RSME RN HE ORE EOE OTT SANTA MOOREA RRDOLE ETE ob A RRENEE AAEM IA IRIE HS RGR RE LE RNS FO SORTS CRS GA Merten cone been ote 4.
B00K1520rce $30 1g. ‘Board Action Without Meeting. Any action that may be taken at @ meeting of the Board may be taken without a meeting if such action is authorized in writing, setting forth the action taken, signed by all Directors.
11. Compensation of Directors Restricted. Directors shall receive no compensatoin for their services, but may be paid for out-of-pocket expenses incurred inthe performance of their duties as Directors..
12. Powers and Duties of Board. All of the powers and duties of the Association shall be exercised by the Board, including those existing under the common law, applicable statutes, the Act, and this Declaration and Bylaws, and shall include, but not be limited to, the following: (a) ‘To prepare and provide a financial request to members annually.
{b) To adopt and amend budgets and to determine, and collect assessments to pay the Common expenses. , (c) To regulate the use of, and to maintain, repair, replace, modify and improve the common elements.
To adopt and amend budgets and to determine, and collect assessments to pay the Common expenses. , (c) To regulate the use of, and to maintain, repair, replace, modify and improve the common elements.
(d) To adopt and amend rules and regulations and to establish reasonable penalties for infraction thereof.
(e) To enforce the provisions of this Declaration and Bylaws, the Act, and rules and regulations by all legal means, including injunction and recovery of monetary penalties.
(f) To hire and terminate agents and independent contractors.
(g) To institute, defend, intervene in, or settle any litigation or administrative proceedings in its own name or on behalf of itself or two (2) or more lot owners on matters affecting the Condominium, the Common areas or more than one Lot.
~8SUNG 80rd FRR AR eg ENE AE ER Ee : } 800K 15S 20rnce S31 (h) To establish and dissolve and liquidate from time to time, reserve accounts for any purpose, (i) To borrow money for the maintenance, repair or modification or improvement of Common areas and to pledge and pay assessments, and any and all other revenue and income, for such purpose.
qi) To grant easements through and over the Common areas, (k) To impose and collect reasonable charges, including reasonable costs and attorneys' fees, for the evaluation, preparation and recordation of amendments to this Declaration and Bylaws, or the rules and regulations.
Section 3 -Officers see -0iticers l. Designation of Officers, The officers of this Association shall bea President, two vice Presidents, a Secretary anda Treasurer. Each officer shall be a lot owner. A person may hold one or more of such offices at one time, except that the. President shall not at the same time hold another office in the Association, The Board may elect such other
be a lot owner. A person may hold one or more of such offices at one time, except that the. President shall not at the same time hold another office in the Association, The Board may elect such other officers as in its judgment may be necessary.2. Election of Officers. Officers of the Association shall be elected by the Board. Election shall be held annually at the first meeting of the Board held after the annual meeting of the Members, except that the Board shall elect officers as soon as practicable after filing of the Declaration, 3. Term. Each officer shall serve until his successor has been duly elected and has qualified, 4. Removal. Any officer may be removed, with or without cause, and without notice, by the Board.
5. Vacancy. Any vacancy in any office shall e filled by the Board, and an officer elected to fill a vacancy shall serve for the unexpired term of his Predecessor in office, 6. Powers and Duties of Officers.
a mtitics of Officers (a) President. The President shall be chief executive officer of the Association; shall have all of the powers and duties incident to the Office of a President of a corporation, including, but not limited to, the duty to preside at all meetings of the Board and of the members, and the general supervision of officers in the management of the business and affairs of the Association; and shall see that all actions and resolutions of the Board are carried into effect.
=9TROT 00 SALE BRERA On SELON ENT RIB IO MN CUED!
Sa Se thence te ane B00K 15 20exce 832~ (b) Vice President. The Vice-Presidents shall perform such duties of the President as shall be assigned to them by the President, and in the absence of the President shall perform the duties and functions of the President.
(c) Secretary. The Secretary shall keep the minutes
resident as shall be assigned to them by the President, and in the absence of the President shall perform the duties and functions of the President.
(c) Secretary. The Secretary shall keep the minutes of all meetings and actions of the Board and of the members; shall give all required notices to the Directors and members; shall keep the records of the Association, except those kept by the Treasurer; shall perform all other duties incident to the Office of a secretary of a corporation; and shall perform such other duties required by the Board or President.
(d) Treasurer. The Treasurer shall have custody of all intangible property of the Association, including funds, securities, and evidence of indebtedness; shall keep the books ofthe Association in accordance with good accounting practices and principles, and, upon request, shall submit them, together with allvouchers, receipts, records and other papers to the Board for examination and approval; shall deposit all moneys and other valuable effects in depositories designated by the Board; shall disburse funds of the Association as directed by the Board; and shall perform all other duties incident to the office of a treasurer of a corporation.
7. Execution of Agreements, etc. All agreements, deeds, mortgages, or other instruments shall be executed by any two (2) officers, or by such other person or persons as may be Gesignated by the Board.
8. Compensation of Officers Restricted. No officer shall be compensated for his services in such capacity, but may be reimbursed for out-of-pocket expenses incurred in performing his duties.
Section 4 - Indemnification of Directors and Officers The Association shall indemnify such persons, for such expenses and liabilities, in such manner, under such
ses incurred in performing his duties.
Section 4 - Indemnification of Directors and Officers The Association shall indemnify such persons, for such expenses and liabilities, in such manner, under such circumstances, and to such extent, as permitted by N.C. General Statutes, as now enacted or hereafter amended, shall provide.
Section 5 - Fiscal Management 1. Depository. The Board shall designate a depositoryfor the funds of the Association, and may change such depository.
Withdrawal of funds from such depository shall be only by checks signed by any two (2) officers of the Association, or any other persons authorized by the Board.
-16NRE Pt AEDES IN OR AIS PIP SR : LILLE ATI: SCE AROS RENN INDO EE RE ACIE O RY NREL N eS Nm UR CB AE her We ER eg dee ME ZO ome tote, 00K 1520 833 2. Fiscal Year. The fiscal year of the Association shall be the calendar year provided that the Board, from time to time, by resolution, may change the fiscal year to some other designated period.
Section 6 - Assessments 1. Obligation of Members to Pay Assessments; Amount of Levy. The Association may from time to time levy an assessment In an amount reasonable to cover reasonable expenses involving the common areas.
2. Preparation of Budget, Levying and Paying of Assessments. For each fiscal year, the Board Shall prepare and adopt a budget, including therein estimates of the amount necessary to, pay the common expenses. After preparation and adoption of each such budget, the Board shall provide each member with a copy, and shall give each member notice of the assessment made against that member's lot based upon such budget. The assessment shall be deemed levied upon the giving of such notice, and shall be due and payable within thirty (38) days of receipt of such notice.
against that member's lot based upon such budget. The assessment shall be deemed levied upon the giving of such notice, and shall be due and payable within thirty (38) days of receipt of such notice.
3. Common Expenses. Common Expenses shall mean and include all sums declared Common Expenses by the Act, or by any specific provision of this Declaration and Bylaws, and shall include, without limitation, the following: real estate taxes, and other government assessments OF charges against the common areas.
llae heeed tee Geeta ate LE LNA CATR CELE CORRAL ORCE it OL LAREN 9:2 em mITUKeE TRA RUMI alt, ne ne ve ERD NNN NNN NA ROSE Nm TNA PANNE RE ERATOR Ae HCL Hg BOOKISZOrce 834 Section 7 - Default 1. Default and Remedies, A default in or failure to comply with any of the terms, conditions, obligations, and provisions of the Act, this Declaration and Bylaws, or the rules and regulations, as the same may be amended from time to time, by any lot owner or occupant, shall be grounds for relief that may include, without intending to limit the same or to constiute an election of remedies, an action at law or in equity, to recover fines and penalties as determined by the Board, sums due for damages, an injunction, or by any person or class of persons adversely affected, 2. Recover of Attorneys' Fees and Costs. In any proceeding arising because of an alleged default by a member, the prevailing party shall be entitled to recover the costs of such proceedings and such reasonable attorneys' fees as may be allowed by the court, with interest at the highest rate allowed by law.
3. Nonwaiver of Covenants. The failure of the Association or of any member thereof to enforce any term, provision, right, covenant, or condition that may be granted by this Declaration
allowed by law.
3. Nonwaiver of Covenants. The failure of the Association or of any member thereof to enforce any term, provision, right, covenant, or condition that may be granted by this Declaration and Bylaws, the rules and regulations or the Act, as the same may from time to time be amended, shall not constitute a waiver or abrogation of the right of the Association or a member to enforce such term, provision, right, covenant, or condition in the future, irrespective of the number of violations or breaches thereof that may have occurred.
Section 8 = Amendment An amendment to these Bylaws shall be made and approved in the manner, and shall be subject to the same restrictions relative to requiring prior written consent of First Mortgagees, and once made, shall become effective when recorded in the same manner and place as an amendment to the Declaration.
Section 9 - General Provisions 1. Rules and Regulations, -12cache ae ce eerie ares = ti BOOK AS ZOPwcE $35 (a) By the Board. The Board may promulgate from time to time such rules and regulations as it deems reasonable and necessary governing the administration, management, operation, and use of the Common Areas so as to promote the common use and enjoyment thereof by lot owners and occupants and for the protection and preservation thereof.
{b) B the Association. Any such rule or regulation adopted by the Board may be amended, modified, or revoked, and new and additional rules and regulations may be adopted, by members at an annual or special meeting of the members. Any such act of the members shall control over any contrary rule or regulation then or thereafter adopted by the Board.
(¢e) Copies Furnished. Copies of all such rules and regulations and any amendments thereto shall be furnished to all members.
r any contrary rule or regulation then or thereafter adopted by the Board.
(¢e) Copies Furnished. Copies of all such rules and regulations and any amendments thereto shall be furnished to all members.
2. Compliance with the Act; Conflict; Severability. These Bylaws are -established in compliance with the Act, as amended.
Should any of the terms, conditions, provisions, paragraphs, or causes of these Bylaws conflict with any of the provisions of said Act, the provisions of said Act shall control unless the Act permits these Bylaws to override the Act, in which event these Bylaws shall control. If any term, provision, limitation, paragraph, or clause of these Bylaws, or the application thereof to any person or circumstance, is judicially held to be invalid, such determination shall not affect the enforceability, validity, or effect of the remainder of these Bylaws, or the application thereof to any other person or circumstances.
Section 10 - Easements 1 Additional Restrictions Affecting Open Space Areas. It is the Tntent of the Declarant to maintain and enhance certain Properties which the Declarant has designated as Lots A and B.
It is the further intent and purpose of these restrictions ‘ -13ee a RT EEE ott a ee SO Ra ATARI AL Oe ARORA A OSE OR Oo MN EDR ot PE Rw at \ B00K 1520 pace 836, and covenants to protect, maintain and enhance the conservation of natural and = scenic resources; to enhance the value of abutting and neighboring properties adjacent to Lots A and B, and to afford and enhance recreational opportunities, and to implement the K M Group plan for development.
2. Easements to Repair, Maintain, Restore and Reconstruct.
Wherever In, and whenever by, this Declaration, the ByLaws, or the Act, a lot owner, the Association, the Board, or any other
or development.
2. Easements to Repair, Maintain, Restore and Reconstruct.
Wherever In, and whenever by, this Declaration, the ByLaws, or the Act, a lot owner, the Association, the Board, or any other Person, is authorized to enter upon Lots A and B to repair, maintain, restore or reconstruct all or any part of said Lots, Such easements as are hecessary for such entry and repair, maintenance, restoration. or reconstruction are hereby declared and granted.
3. Easements of Enjoyment - Lots A and B. An easement in Lots A and B is hereby granted to the lot owners of White Oak Park, and their guests, which easement shall entitle such lot owners, and their guests to enjoy said Lots A and B subject to the rules and regulations established by the the Association.
4. Declarant's Easement. Declarant hereby reserves such easements through Lots A and Bas may be reasonably necessary for the purposes of discharging its obligations, exercising Special Declarant Rights, and completing the development and construction of the Condominium, which easements shall exist as long as reasonably necessary for such purposes.
5. Easements to Run with Land. All easements and rights described n this Article are appurtenant easements running with the land, and except as otherwise expressly provided in this Article shall be perpetually in full force and effect, and shall inure to the benefit of and be binding upon Declarant, the Association, lot owners, occupants, security holders and any other person having an interest in the Condominium or any part thereof. The Condominium and every part thereof shall be conveyed and encumbered subject to and together wih all easements and rights described in this Article, whether or not specifically mentioned in any such conveyance or encumbrances.
t thereof shall be conveyed and encumbered subject to and together wih all easements and rights described in this Article, whether or not specifically mentioned in any such conveyance or encumbrances.
ARTICLE V_- RESTRICTIONS, CONDITIONS AND COVENANTS ee LAND COVENANTS Section 1. Compliance with Declaration, B laws, Rules and Regulations. The Tot owner(s) and occupant(s) shall comply with art applicable provisions of this Declaration, the ByLaws, -14. RY BT CRE CEN AE LACARAE TN ROUEN FEST ERDAS NEES AACA NERY BOING MY EAE ge aR eR eae mete iste p mk e | BOK IH 20ece 837 and rules and regulations promulgated by th Association, as amended from time to time. Failure to comply shall be grounds for an action by the Association, an aggrieved lot owner, or any person adversely affected, for recovery of damages, injunction or other relief.
Board of the Section 2. Administration of Condominium. The Condominium shall be administered in accordance with the provisions of the Act, this Declaration and the ByLaws.
Section 3. Use Restricted; Use b Declarant. The lots shall be occupied and used by lot owners and occupants for residential purposes only. No signs or other on-premises advertising shall be maintained or permitted by the lot owner or occupant on any part of the Condominium without the prior written consent of the Board, except that Declarant shall have the right to maintain signs on the Common Elements advertsising the Condominium: for sale until all of the lots, including those added by any expansion amendments to this Declaration, have been conveyed to lot owners other than Declarant.
Declarant shall have the right to relocate, from time to time, and to discontinue and reestablish, from time to time, within the Condominium, as the same may be expanded by
wners other than Declarant.
Declarant shall have the right to relocate, from time to time, and to discontinue and reestablish, from time to time, within the Condominium, as the same may be expanded by amendment, any one or more offices or models. Declarant shall also have the right to change the use or combination of uses of such sales offices or models. In addition, the Association may maintain an office in the Condominium for management of the Condominium if deemed necessary by the Board.
Section 4. Use. No manufacturing or commercial enterprise or enterprises of any kind for profit shall be maintained on, in front of, or in connection with the lot hereby conveyed nor shall such property in any way be used for other than strictly residential purposes. This restriction shall not be construed, however, as preventing the practice of a profession or other business that is conducted from inside of the home that does not give rise to undue amounts of traffic; no signs relating to any such businesses OF professions shall be displayed on any of the said property.
Section 5. Nuisance. There shall not be erected on any part of the property herein described any building, nor shall any business or activity be conducted, that is offensive, unlawful, noxious, or detrimental to the use of the land in the subdivision, nor shall the conveyed premises be used for any purposes that, as a matter of common experience, tend to create a nuisance, including, but not Limited to, fly breeding and offensive odors.
-15< meats Lae eR Mae STEM CON Tee 4 TORN RNAI AE OA CERES CNB ACIS OE YON, tt MIN REDE EMR hai RA NRRL gePINY Seep oe oa OTT tere eR oe ChE, BOOK 25 ZO pace 838 Section 6. Setback. No house appurtenance, or outbuilding shall be located less than 39 feet from the easement granted and
EDE EMR hai RA NRRL gePINY Seep oe oa OTT tere eR oe ChE, BOOK 25 ZO pace 838 Section 6. Setback. No house appurtenance, or outbuilding shall be located less than 39 feet from the easement granted and @escribed on the said plat for roads, nor less than 1S feet from an interior lot line, nor less than 15 feet from a side street for corner lots.
Section 7. Buffers. fhe buffers as designated on the Plat, above’ referre to, are to be preserved in their natural state, Each lot owner is responsible for the preservation of the actual state of the located buffer within his or her lot, Association reserves unto itself, its successors and assigns an areas designated as buffers for the purpose of maintaining said areas in their natural state it a lot owner fails to do so. There shall be no removal of trees, no erection of fences, buildings easement permitting the right to enter upon. the Or other structures on the areas designated as buffers Section 8. SubDivision. No lot shall be subdivided by any Present or future owner thereof.
Section 9. Residences, (a) There shall not be erected on any lot. more than one residence. There shall be no mobile homes, recreational vehicles, or campers erected, placed, or parked on the lots unless parked within an appropriate garage building or outbuilding.
(b) There shall not be erected on any lot more than one outbuilding, which outbuilding shall not be located between any residence and the said road upon which such residence located, and no such outbuilding shall contain more than half the floor area of the residence, (c) Any remodeling or additions to the residence shall be constructed with exterior materials similar to the residence and in keeping with the architectural features of the residence.
f the residence, (c) Any remodeling or additions to the residence shall be constructed with exterior materials similar to the residence and in keeping with the architectural features of the residence.
(d) The exterior of all buildings shall be kept neatly maintained, all lawn areas shall be kept heatly mown landscaped, no garage containers shall be used except closed containers, and no garage or containers of garbage shall be visible from the road or adjoining lots.
(e) In the event that a lot is purchased for the purposes of moving an existing house onto the lot, the house to be moved must be approved by THE KM GROUP, INC.
-16AAR PP RICSUNE ASL ALE NOCIONI SNL OR RENE te Ea RIS pment, PAGO SORA REIN THAR TN Nr RIN eo Wi rets ~ The is and ene ge meet BOOKKLTSZ20rce $39 (f) Any residence erected upon any lot upon this property shall include no less than 1,680 square feet of living space, which living space shall be measured exclusive of carports, porches, basement and attic areas and including only heated areas.
{g) Chain link fences shall not be used on any lot and in no event shall fences extend beyond the front building line on any lot.
Section 10. Timber. No timber shall be sold commercially or cut “from the lots except for the personal garden and lawn area and wood burning needs of the landowner. In order to maintain the rural, wooded atmosphere of the development and to insure privacy and a wooded area between lots, no trees or shrubs on the lots within 15 feet of the boundary lines of said lots shall be cut or removed unless they are replaced with substantially similar trees or shrubs inkind and size; provided that lots on the cul-de-sac with narrow frontage may cut trees in order to place a driveway within 15 feet where reasonably necessary.
h substantially similar trees or shrubs inkind and size; provided that lots on the cul-de-sac with narrow frontage may cut trees in order to place a driveway within 15 feet where reasonably necessary.
Section ll. Junk Autos. No disabled or. junked car, truck, or other motor vehicle shall be permitted to remain on said land for a longer period than is reasonable for accomplishing repairs to same.
Section 12. Animals. (a) No animals other than domestic dogs and cats shall be kept and maintained on the lots of their owners and each owner shall keep all dogs on a leash when any said dog is outside any building or appropriately constructed dog pen.
(b) No more than two domestic animals, including dogs and cats, shall be kept or maintained on any one lot at any time. : Section 13. Hazardous Use and Waste. No lot owner or occupant shall permit anything to be done to or kept in his lot or the common elements that would be in violation of any law, or that will result in the commitment of waste, damage, abuse or destruction to or in his lot or the Common Elements.
Section 14. Alterations of Common Elements. No lot owner or occupant, except Declarant during the Declarant Control Period, shall alter, construct anything upon, or remove anything from, the common elements, or landscape or adorn any portion of the common elements, without the prior written consent of the Board.
-17- : ‘ Ue we ie a RL atsatres 3 of oe ore AO Va eee ct ree er Manns ore ENA A PT LE ER LENA ALS im a MATT Sm RIT San ee bom cone Me wesc ’ oe 6 BOOK 1S 20 rece 840 Section 15. Prohibition of Renting for Transient or Hotel Purposes. No Lot Owner shall rent his lot for transient or hotel purposes, which for purposes of this declaration shall be defined as either a rental for any period less than 39 days or
sient or Hotel Purposes. No Lot Owner shall rent his lot for transient or hotel purposes, which for purposes of this declaration shall be defined as either a rental for any period less than 39 days or any rental if the lessee of thelot is provided customary hotel services, Each permitted lease shall lease an entire lot, shall be in writing, and shall be subject to this Declaration and the ByLaws, and any failure of the lessee to comply with the terms of such documents shall be a default under the lease. Any lot owner who enters into a lease of his lot shall promptly notify the Association of the name and address of each such lessee, thelot rented, and the term of the lease. Other than the foregoing restrictions, each lot owner shall have the full right to lease his lot.
Section 16. Rules and Regulations. In addition to the foregoing restrictions, conditions and covenants concerning the use of the Condominium, reasonable rules and regulations not in conflict therewith and supplementary thereto may be promulgated and amended from time to time by the Board or the Association, as more fully provided in the ByLaws.
Section 17. Restrictions, Conditions and Convenants to Run With Land. Each lot owner. and occupant shall be subject to all restrictions, conditions and covenants of this Declaration, and all such restrictions, conditions and covenants shall be deemed to be covenants running with the land, and shall bind every person having an interest in the property, and shall inure to the benefit of every lot owner.
Section 1. Assessment Liens. The Board has the power to levy assessments against the lots for common expenses, and to specify the manner in which payment of such assessments shall be
Section 1. Assessment Liens. The Board has the power to levy assessments against the lots for common expenses, and to specify the manner in which payment of such assessments shall be made, If any payment of an assessment becomes delinquent by as may as 36 days, the assessment may be converted into a claim of lien filed with the Clerk of the Superior Court of Durham County, and foreclosed in the nature of a deed of trust under power of sale, as the same is provided in the Act and in the ByLaws. The Board may also elect to pursue a money judgment against the person liable for the delinquent assessment, as specified in the ByLaws.
Section 2. Special Common Expenses. Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed equally against the lots -18Ne nc SA Eg be BOOKS ZO pce S44 to which that limited common element is assigned. Any common expense or portion thereof benefitting fewer than all of the lots must be assessed exclusively against the lots benefited.
If any common expense is caused by the misconduct of any lot owner, the Board may assess that expense exclusively against his lot.
, Section 3. Prohibition of Exemption of Liability for Contribution Toward Common Expenses. No lot owner may exempt himself from Uiability for his share of the common expenses assessed by the Association by waiver of the use of enjoyment of any of the Common Elements or by abandonment of his lot or otherwise.
ARTICLE VII - MANAGEMENT, MAINTENANCE, REPAIRS & ALTERATIONS Section 1. Common Elements. The management, replacement, maintenance, repair, alteration and improvement of the common elements shall be the responsibility of the Association, and,
PAIRS & ALTERATIONS Section 1. Common Elements. The management, replacement, maintenance, repair, alteration and improvement of the common elements shall be the responsibility of the Association, and, subject to the provisions of Section 2, the cost thereof shall be a common expense to the extent not paid by the lot owners.
All damage caused to a lot by any work or to the Common Elements done by or for the Association shall be repaired by the Association, and the cost thereof shall be a common expense.
Each lot owner shall pay all costs to repair and replace all protions of the common elements that may become damaged or destroyed by reason of misconduct of the lot owner or of any occupant of his lot. Such payment shall be made upon demand of the Association.
Section 2. Lots. Each lot owner shall maintain his lot at all times in a good and clean condition, and repair and replace, at his expense, all portions of his unit; shall perform his responsibilities in such manner as not to unreasonably disturb other occupants; shall promptly report to the Board, or its agents, any defect or need for repairs the responsibility for which is that of the Association; and, to the extent that such expense is not covered by the proceeds of insurance carried by the Association, shall pay all costs to repair and replace any portion of another lot that has become damaged or destroyed by reason of his own acts or omissions, or payment shall be made upon demand by the lots owners of such other lot. Nothing herein contained shall modify any waiver by insurance companies of rights of subrogation.
-19= beat. RETR ORME | Ra ER RE Re RT RT ie FR te ee ’ ON SEMEN a AD RMR SNES ERA SIN OE RED eta” Ae EL CTO CEE A RE: NEE ROA CER MER AL CAP NE A WORE pans FAS 9 SREOMOL IKE A Int BE ee POR AR eke et
-19= beat. RETR ORME | Ra ER RE Re RT RT ie FR te ee ’ ON SEMEN a AD RMR SNES ERA SIN OE RED eta” Ae EL CTO CEE A RE: NEE ROA CER MER AL CAP NE A WORE pans FAS 9 SREOMOL IKE A Int BE ee POR AR eke et ry BOOKS ZOpuceE 842 .
Section 3. Waiver of Claims. Subject to the provisions of Section 4 of this Article, Section 1 of Article Iv of this Declaration, and the provisions of these ByLaws, the Association agrees that it shall make no claim against a lot owner or occupant, and each lot owner and occupant agrees that he shall make no claim against the Association, the members of the Board, officers of the Association, or employees or agents of any thereof, or against any manager retained by the Board, or his or its officers, directors, employees or agents, or other lot owners or occupants, for any loss or damage to any of the property, or to a lot or personal property therein, even if caused by the omission or neglect of any one or more of such persons, and all such claims are hereby waived and released; provided, that this waiver shall not apply to any such loss or damage due to intentional acts.
Section 4, Right of Entry. The Association, and any person authorized by the Association, may enter upon any lot in case of any emergency or dangerous condition or situation originating in or threatening that lot or any of the limited common elements.
The Association, and any person authorized by the Association, after reasonable notice to a lot owner or occupant, may enter that lot or any of the limited common elements for the purpose of performing any for the purpose of performing any of the Association's duties or obligations or exercising any of the Association's powers under the Act, this Declaration or the ByLaws with respect to that or any other unit, any limited
erforming any of the Association's duties or obligations or exercising any of the Association's powers under the Act, this Declaration or the ByLaws with respect to that or any other unit, any limited common elements, of the common elements, Notwithstanding the provisions of Section 3 of this Article, the Association shall be responsible for the repair of any damage caused by the Association or its authorized person to the entered unit, and the cost thereof shall be a common expense. All such entries shall be made and done so as to cause as little inconvenience as possible to the Lot Owner and the Occupant of the entered lot or any portion of the Limited Common Elements allocated to the Lot Owner.
Each Lot Owner and occupant shall allow other lot owners and occupants, and their representatives, to enter his lot, or limited. common elements allocated to his lot, when reasonably necessary for the purpose of altering, maintaining, repairing or replacing the lot, or performing the duties and obligations under the Act, this Declaration or the ByLaws of the Lot Owner or occupant making such entry, provided that requests for entry are made in advance and that such entry is at a time convenient to owner or occupant whose lot or limited common element is to be entered, In case of an emergency or dangerous condition or situation, such right of entry shall be immediate.
Nothwithstanding Section 3 of this Article, the person making -20Pe Samat Ls Foxe ate AM Moran iptgen e tnget .
BOOKS 20 Pace 843 such entry shall be responsible for repair of any damage caused by such peson to the entered lot or limited common element.
ARTICLE VIII - INSURANCE Individual Policy for Lot Owners. Each lot owner may obtain insurance, at 1s own expense, affording personal and real
such peson to the entered lot or limited common element.
ARTICLE VIII - INSURANCE Individual Policy for Lot Owners. Each lot owner may obtain insurance, at 1s own expense, affording personal and real property, additional living expense, personal liability, and any other coverage obtainable, to the extent and in the amounts such lot owner deems necessary to protect his own interests, provided that any such insurance shall provide that it is without contribution as against any insurance purchased by the Association. If a casualty loss is sustained and there is a reduction in the amount of the proceeds that would otherwise be payable on the insurance purchased by the Association due to the proration of insurance purchased by a lot owner under this Section, such lot owner shall be liable to the Association to the extent of such reduction and shall pay the amount of such reduction to this Association upon demand, and assign the proceeds of his insurance, to the extent of such reduction, to the Association.
ARTICLE IX- CASUALTY DAMAGE 1f all or any part of the property shall be damaged or destroyed, the same shall be repaired or replaced, and proceeds of insurance shall be used and applied in accordance with the provisions of General Statues 47C-3-113 (e) and (h).
-21Loom ake + - at nan : Peer aed Tea MT A a ES ROT Ae RTA em See NORMA LS EEE AS ES AANA NCA OCT 8 LEAL ERAN MREUIASTEAS cat OB MAREE ee atag RE oe ete BOOK TS ZO pace 844 ——— eee In the event of a taking by eminent domain, or by a conveyance or consent judgment in lieu thereof, of all or any part of the property, the same shall be repaired and restored, and the awards paid on account thereof shall be used and applied in accordance with General Statues 47C-1-187 of the Act.
, of all or any part of the property, the same shall be repaired and restored, and the awards paid on account thereof shall be used and applied in accordance with General Statues 47C-1-187 of the Act.
ARTICLE XI- TERMINATION ETON The Condominium may be terminated only in strict compliance with General Statues 47C-2-118 of the Act.
ARTICLE XII = AMENDMENT — The Declaration may be amended only in strict compliance with the Act, including, without limitation, the provisions of General Statues 47C-2-168, 113 and 117 of the Act, except that no amendment altering or impairing Special Declarant Rights may be made without the written consent of Declarant.
ARTICLE XIII - RIGHTS OF FIRST MORTGAGES/VA-FNMA-FHA PROVISIONS The following provisions shall take precedence over all other provisions of this Declaration and the ByLaws: Section 1. Amendments. Any amendments to this Declaration or to the ByLaws during the Declarant Control Period shall be subject to the prior approval of the VA or FHA. The condominium regime may not be materially amended or merged with a successor condominium regime without prior written approval of the vA. If there is no response to a written request for approval within 39 days after submission thereof, the approval shall be deemed to have been given.
Section 2. Availabilit of Condominium Documents, Books, Records and Financial Statements. The Association shall, upon request an uring norma usiness hours, make available for inspection by Lot Owners and the First Mortgagees and the Declaration, amendments thereto, the ByLaws, other rules and regulations governing the . Condominium and the books, records, and financial statement for the Preceding fiscal year if requested in writing by the Pirst Mortgagee or insurer or
Laws, other rules and regulations governing the . Condominium and the books, records, and financial statement for the Preceding fiscal year if requested in writing by the Pirst Mortgagee or insurer or guarantor of a First Mortgage. The Association shall, upon request and during the normal business hours, make available for inspection by prospective purchasers of lots, current copies of the Declaration, ByLaws, other rules and regulations governing the Condominium, and the most recent annual financial statement.
~22Ra HREOC CE NESTS PANEER ONE ASPEN TOR IRENA SEE NEVE REONA SONAR SERRE SSE OT IRN htc tts SORTASE 6 eee ca !
| | | 800K 1520 ence $45 Section 3. No Successors’ Personal Obligation for Delinguent Assessments. The personal obligation for assessments which are delinquent at the time of transfer of a lot shall not pass to the successors in title or interest to said lot unless said delinquent assessments are expressly assumed by them.
Section 4. Rights of Action. The Association and any aggrieved lot owner shall have a right of action against lot owners and any aggrieved lot owner shall have a right of action against the Association for failure to comply with the provision of this Declaration, the ByLaws and the rules, regulations and decisions of the Association made pursuant to authority granted to the Association in this Declaration and the ByLaws.
Section 5. Management and Other Agreements. Any management agreement between the Declarant or the Association and a professional manager or any other agreement providing for services of .the developer, sponsor, builder or Declarant shall be terminable by either party thereto without cause and without payment of a termination fee upon not more than 99 days prior
viding for services of .the developer, sponsor, builder or Declarant shall be terminable by either party thereto without cause and without payment of a termination fee upon not more than 99 days prior written notice and shall not exceed a term of 3 years, subject to a renewal by the consent of both parties.
Section 6. Right of First Refusal. The right of a lot owner to Sell transfer, mortgage or otherwise convey his interest in his lot shall not be subject to any right of first refusal.
Section 7. Consent to Termination. Any decision to terminate the Condominium for reasons other than substantial destruction or condemnation of the property shall require the prior written consent of first mortgagees representing at least two-thirds of the votes allocated to lots subject to first mortgages, or such greater requirements as may be specified by the Act.
Section 8. Notice. Each First Mortgagee and each insurer or guarantor of a first mortgage, upon written request stating its name and address and describing the lot encumbered by the first mortgage held, insured or guaranteed, shall be entitled to timely written notification by the Association of (i) any condemnation or casualty loss that affects either a material portion of the Condominium or the lot securing its first mortgage; (ii) any 68-day delinquency in the payment of assessments or charges owed by the lot owner of the lot on which the first mortgagee holds it s first mortgage or in the performance of any obligation under this Declaration or the ByLaws by said lot owner; or (iii) any lapse, cancellation or material modification of any insurance policy maintained by the Association.
-23nee Tee Re ae a DRE UE A eM tate Pin a OTR A HRN ARN fat SERN EAN EE NNEC SMM BEN CIN ead ON oo abs then BOOKASZOrce 846
terial modification of any insurance policy maintained by the Association.
-23nee Tee Re ae a DRE UE A eM tate Pin a OTR A HRN ARN fat SERN EAN EE NNEC SMM BEN CIN ead ON oo abs then BOOKASZOrce 846 Section 9. Assessments. Assessments shall be due and payable in monthly Installments as provided in the ByLaws.
Assessments shall become due and payable for each lot in a phase of this Condominium on the first day of the month following the conveyance of a lot in said phase.
Section 16. Additional Real Estate. Additional real estate may not be added to the Condominium without the prior written consent of the VA or FHA, If the Additional Real Estate is added, the ownership interest in the common elements and the liability for common expenses for each lot shall be reallocated in proportion to the area of each lot to the area of all lots and the voting rights in the Association shall be reallocated on the basis of equality. The effective date for said reallocation shall be the date of recordation of the amendment to this Declaration, which document shall comply with the provisions of the Act, The effective date for the assignment of assessments to the Lots added to the Condominium shall be the date the Board levies an assessment against said lots. All improvements intended to be located within any portion of the Additional Real Estate shall be substantially completed prior to the addition of said portion of the Additional Real Estate, ARTICLE XIV_- GENERAL PROVISIONS a EROV IO TON Section 1. Conflict with the Act; Severability. Should any of the terms, conditions, provisions, paragraphs, or clauses of this Declaration. conflict with any provisions of the Act; the Provisions of the Act shall control unless the Act permits the
Should any of the terms, conditions, provisions, paragraphs, or clauses of this Declaration. conflict with any provisions of the Act; the Provisions of the Act shall control unless the Act permits the Declaration to override the Act, in which event the Declaration shall control. The invalidity of any convenant, restriction, condition, limitation, Provision, paragraph or clause of this Declaration, or any part of the Same, or the application thereof to any person or circumstance, shall not impair or affect in any manner the validity, enforceability or effect of the rest of this- Declaration, or the application of any such convenant, restriction, condition, limitation, Provision, paragraph or clause to any other person or circumstances.
Section 2. Interpretation of Declaration. Whenever appropriate, singular may be read as plural, plural may be read as singular, and the masculine gender may be read as the feminine or neuter gender. Compound words beginning with the prefix “here” shall refer to this entire Declaration and not Merely to the part in which they appear, -24SAA een a ec Oe Hee Seen gue Denny eee py BOOKS ZOruce $47 . Section 3. Captions. The captions herein are only for convenience and reference, and do not define, limit or describe the scope of this Declaration, or the intent of any provision.
Section 4. Exhibits. All Exhibits referred to in this © Declaration are and attached hereto are expressely made a part hereof.
IN WITNESS WHEREOF, the undersigned has executed this Declaration of Condominium for WHITE OAK PARK the day and year first above written.
atid om wg THE KM GROUP, INC.
oy 3 Pl wig fey: By: L20 Stay fh aie? Preside = a LE hy ChE, & i yu te a eae + NORTH CAROLINA DURHAM COUNTY
the day and year first above written.
atid om wg THE KM GROUP, INC.
oy 3 Pl wig fey: By: L20 Stay fh aie? Preside = a LE hy ChE, & i yu te a eae + NORTH CAROLINA DURHAM COUNTY I, a Notary Public, certify that THOMAS E. PETERSON personally came before me this day and acknowleged that he is Secretary of K M GROUP, INC. and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by its Secretary.
Witness my hand and official th, or seal this 3] ; 1989.
@ os wine, i ot * ALOE ee Vw Pu “ su? . a4 EOF vee Rg 8 Meg SRE “ALLA pty Comm pss : HOA EM Ap Meoseeaste: AS Ya, oe on State of North Carolina-Durham County” at 3BoHY 2 faye going certiticate(s} of Book aOR AGE Sas th sin t her 28 ih ov AH ‘89 "Tessar Hone sp — units is (are) certified to be correct.
THC. GARRETT ; . AD AEGISTER OF DEEDS wise 2 ‘ DURHAM COUNTY: Ruth. = Register ot Deeds ee een yee 2 oe een ater hare ae CES ne ERE OE EN owt Me core eae BOOK AS ZOrGce $48 EXHIBIT A_TO WHITE OAK PARK CONDOMINIUM DECLARATION Sere neers pe Lying and being in Triangle Township, Durham County, North Carolina, and BEING all of Lot Numbers 1 through 12 inclusive as shown on the survey and plat entitled "White Oak Park" by ENT Land Surveys, Inc., dated January 16, 1989 Registry..
EXHIBIT B WHITE OAK PARK oy Lot Number Percentage of Undivided Percentage of Votes in Interest in Common Elements Common Expenses Association ee 1 1/12 1/.2 1 Vote 2 1/12 1/12 1 Vote 3 1/12 1/12 1 Vote 4 1/12 1/12 1 Vote 5 1/12 1/12 1 Vote 6 1/12 1/12 1 Vete 7 1/12 1/12 1 Vote 8 1/12 1/12 1 Vote ; 9 1/12 1/12 1 Vote j 10 1/12 1/12 1 Vote 11 Wi2 1/12 1 Vote
Vote 2 1/12 1/12 1 Vote 3 1/12 1/12 1 Vote 4 1/12 1/12 1 Vote 5 1/12 1/12 1 Vote 6 1/12 1/12 1 Vete 7 1/12 1/12 1 Vote 8 1/12 1/12 1 Vote ; 9 1/12 1/12 1 Vote j 10 1/12 1/12 1 Vote 11 Wi2 1/12 1 Vote 12 1/12 1/12 1 Vote | | !
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