BOOK 1051 PAGE 249 AMENDMENT TO Prepared by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS made on the date hereinafter set forth by Willow Associates, Inc. and Mary Phyllis Vail (unmarried), hereinafter referred to as "Declarant".
W-I-T-N-E-S-S-E-T-H: " WHEREAS, the Declarants are owners of certain property in the City of Durham, State of North Carolina, which property is described in the Declaration of Covenants, Conditions and Restrictions recorded in Book 1024, at page 922, of said Declaration of Covenants, Conditions and Restrictions appearing on page 5 of said document. SEE EXHIBIT"A" FOR MORE PARTICULAR DESCRIPTION OF PROPERTY.
NOW, THEREFOR", Declarants hereby amend Article IV, Section 3 of said Declaration of Covenants, Conditions and Restrictions 1024, page 922, Durham County Registry, as follows: "Section 3. Maximum Annual Assessment.
recorded in Deed Book Until January of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be forty-five dollars ($45.00) per Lot per month.
' (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 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
n Owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (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.
In all other respects the Declaration of Covenants, Conditions and Restrictions are ratified and confirmed and all other Articles of those Declaration of Covenants, Conditions and Restrictions recorded in Deed Book 1024, page 922, Durham County Registry.
BOOK 1051 PAGE 250 IN WITNESS WHEREOF, the undersigned, Willow Associates, Inc., Declarant herein, has caused these presents to be signed in its name by its President, attested by its Secretary, and its corporate seal to be affixed, all by order of its Board of Directors; and Mary Phyllis Vail (unmarried), have hereunto set their hands and seals; this ATTEST: 1 Secretary Declarant day of 1981.
WILLOW ASSOCIATES, INC.
E By President (SEAL) . (SEAL) Mary Phyllis Vail (SEAL) HOTAR STARY PUB!
NORTH CAROLINA DURHAM COUNTY a Notary Public, do certify that Patricia A. Langston personally came before me this day and acknowledged that she is Secretary of Willow Associates, Inc., a corporation, 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 herself as its Secretary.
Witness my hand and notarial seal this 24 day of My commission expires NORTH CAROLINA DURHAM COUNTY 3/25/85 I, Gaynelle F. Cash 1981.
tribruary NOTARY PUBLIC a Notary Public, do hereby certify that E. R. Patterson and Patricia A. Lange personally appeared before me this day
TH CAROLINA DURHAM COUNTY 3/25/85 I, Gaynelle F. Cash 1981.
tribruary NOTARY PUBLIC a Notary Public, do hereby certify that E. R. Patterson and Patricia A. Lange personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
13 Witness my hand and notarial seal this 24 day of February commission expires: 3/25/85 1981.
NOTARY PUBLIC BOOK 1051 PAGE 251 NORTH CAROLINA DURHAM COUNTY I, Gaynelle F. 'Cash a Notary Public, do hereby certify that Mary Phyllis Vail (unmarried) personally appeared before me this day and acknowledged the due execution of the foregoing instrument..
Witness my hand and notarial seal this 24rh-day of NOTAR PIC: My commission expires_ 3/25/85 NORTH CAROLINA DURHAM COUNTY The foregoing certificates of are certified to be correct.
This 24 day of 76.
RUTH C. GARRETT REGISTER OF DEEDS FILED BOOK 057 PAGE 219-251 FEB 24 4 30 PM '81 RUTH C. GARRETT REGISTER OF DEEDS DURHAM COUNTY.N.O.
February.
1981.
To bask NOTARY PUBLIC Daynelle & Ca Notaries Public of Durham County, N. C., 1981.
Дерику REGISTER OF DEEDS EXHIBIT A BEGINNING at a stake, said stake being the northeast corner of Lot 1, Block A, Section 1 of Woodbridge, as per plat recorded in Plat Book 93, page 59, Durham County Registry, said stake also being on the southern right of way line of Willow Bridge Drive and also being south 30°54'25" east 125 feet from a point where the southern right of way line of Willow Bridge Drive, if extended, intersects the eastern right of way line of Hope Valley Road, if extended; running thence along and with the southern right of way line of Willow Bridge Drive in a counterclockwise direction along a curve having a radius of 258.68 ft.,130.02 ft.
to a stake; thence with the southern right of way line of Willow Bridge Drive
of way line of Willow Bridge Drive in a counterclockwise direction along a curve having a radius of 258.68 ft.,130.02 ft.
to a stake; thence with the southern right of way line of Willow Bridge Drive south 59°42'25" east 60 feet to a stake; thence with the southern right of way line of Willow Bridge Drive in a clockwise direction along a curve having a radius of 373.42 feet, 127.06 feet to a stake in the southern right of way line of Willow Bridge Drive; thence along and with the southern right of way line of Willow Bridge Drive along another curve having a radius of 20 ft. 18.93 ft. to a stake; thence along and with the southern right of way line of Willow Bridge Drive in a counterclockwise direction along a curve having a radius of 50 ft., 94.14 ft. to a stake in the southern right of way line of Willow Bridge Drive; thence south 5°51'49" west 89.75 feet to a stake; thence north 84° 07'55" west 78.7 feet to a stake; thence south 5°51'49" west 57.1 feet to a stake; thence north 83°59'11" west 961.24 feet to a stake in the eastern right of way line of Hope Valley Road; thence with the eastern right of way line of Hope Valley Road north 57°11'15" east 278 feet to a stake and point of curvature; continuing thence with the eastern right of way line of Hope Valley Road along a curve having a radius of 5014.33 ft. 166.77 feet to a stake%; thence with the eastern right of way line of Hope Valley Road north 59° 05' 35" east 29.53 feet to a stake, corner Lot 4 of Woodbridge Sub., Sec. 1, Plat Book 93, page 59, Durham County Registry; thence with the southern line of Lot 4 south 30°54'25" east 125 feet to a stake%; thence north 59°05'35" east 340 ft. to a stake, the point or place of beginning, containing 5.449 acres, more or less, and being all of that
rn line of Lot 4 south 30°54'25" east 125 feet to a stake%; thence north 59°05'35" east 340 ft. to a stake, the point or place of beginning, containing 5.449 acres, more or less, and being all of that property shown on FINAL PLAT OF WOODBRIDGE VILLAS, SECTION 1 as per plat and survey by Engineering Surveys, Inc., Consulting Engineers, dated Jan. 1980, and now on file in the office of the Register of Deeds of Durham County in Plat Book 96, page 194, to which plat reference is hereby made for a more particular description of same.