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DECLARATION OF RESTRICTIVE COVENANTS, EASEMENTS, AND CONDITIONS FOR

 

CHEROKEE FOREST SUBDIVISION

 

THIS DECLARATION, made this _____ day of ___________, 2008,

by ___________________ (hereinafter referred to "Declarants");

 

W I T N E S S E T H :

 

THAT WHEREAS, the Declarants are the owners and developers of real property

located in Whittier Township, Jackson County, North Carolina described in the

following deeds: __________________-, recorded in

the Jackson County Public Registry; and

 

WHEREAS, the Declarants are in the process of developing and subdividing all

or portions of said real property into a subdivision known as Cherokee Forest (the "Subdivision"); and

 

WHEREAS, the Declarants intend to sell and convey the Lots within the

Subdivision and, before doing so, desire to impose upon them mutual and

beneficial restrictions, covenants, equitable servitudes, and charges,

under the general plan or scheme of improvements for the benefit of all Lots in

the Subdivision and for the benefit of the Owners and future Owners thereof.

 

NOW, THEREFORE, the Declarants declare that all of the Lots in the

Subdivision are held and shall be held, conveyed, and hypothecated, or

encumbered, leased, rented, used, occupied, and improved subject to the

provisions of this Declaration, all of which are declared by the Declarants,

and agreed by Declarants' successor in title, to be in furtherance of a plan

of development established for the purpose of enhancing and protecting the

value, desirability, and attractiveness thereof.

 

The provisions of this Declaration are intended to create mutual and equitable servitudes

upon each of the Lots in favor of each and all other Lots; to create reciprocal rights

between the respective Owners of all of the Lots; to create privity of contract and privity of

estate between the Owners of the Lots, their heirs, successors and assigns, and to operate

as covenants running with the land for the benefit of each and all other Lots and parcels in the

Subdivision and their respective Owners, present and future.

 

The following terms used in this Declaration are defined as follows:

 

A) "Association" means Cherokee Forest Property Owners' Association, Inc., as

more fully defined hereinbelow.

 

B) "Declarants" means _________________________________

 

C) "Owner" or "Lot Owner" mean:

 

i. Any person, firm, corporation, other legal entity, or combination

thereof, who or which holds fee simple title to any Lot.

 

ii. Any person, firm, corporation, other legal entity, or combination thereof, who

or which has contracted to purchase fee simple title to any Lot pursuant to a written

agreement, and which written agreement entitles such person, firm, corporation, legal entity,

or combination thereof, to the exclusive right to possess and control such Lot, in which

case the record fee simple owner of such Lot shall for the purposes of this Declaration

cease to be the "Owner" of such Lot for so long as said agreement is legally effective.

 

D) "Plat" means any plat of any Lot or Lots within the Subdivision, or any

portion thereof, or any lands added to the Subdivision.

 

E) "Single Family Dwelling" means a residential dwelling for one or more

than one person, and if more than one person, persons related to each other

by blood, marriage, or legal adoption, or in the alternative, a group of not more

than four adult persons not so related who shall maintain a common household in such dwelling.

 

F) "Subdivision" means the Lots created within the real property described

in the deeds hereinabove referred to and all real property added thereto

that are subjected to this Declaration, or to this Declaration as amended.

 

G) "Lot" means any one or more of the Lots or other tracts or parcels

created within the Subdivision or added to the Subdivision by recorded

survey plat or by other means.

 

R E S T R I C T I O N S

 

1. Each Lot shall be used for residential purposes only, and no

manufacturing establishment, factory, public garage, sanitarium or hospital,
trailer park, apartment building, condominium, multi-family

housing building, or any building of similar nature may be maintained on

the same, and no unsanitary, offensive or unsightly conditions shall be allowed

thereon. No house trailer, mobile home, manufactured house, travel trailer,

camper, motor home, recreational vehicle or any type of temporary housing

shall be placed or located upon any Lot as a residence; provided however, a

Lot Owner may locate a travel trailer, camper, motor home or recreational

vehicle upon the Lot Owner's Lot and occupy it as a residence for the Lot

Owner's immediate family, under the following circumstances:

 

A) If there is not a completed Single Family Dwelling upon the Lot, for no

more than 30 days during any calendar year, but in such event such travel

trailer, camper, motor home or recreational vehicle must be removed from

the Lot when it is not being occupied on a daily basis by the Lot Owner, and in

no event may it be kept on the Lot for more than 30 days per calendar year;

and

 

B) During the time the Lot Owner is actively constructing a Single Family

Dwelling on the Lot, for a period of time not to exceed 18 months, provided

that during such period of time the travel trailer, camper, motor home or

recreational vehicle is connected to a septic disposal system for which all

required permits have been issued by the appropriate authorities. Any

travel trailers, campers, motor homes, recreational vehicles, boats, trucks used

for commercial purposes or similar vehicles which are kept or maintained on

any Lot shall be stored in an enclosed or screened area out of the view of

any other Lots in the Subdivision and roads in the Subdivision.

 

2. Each principal residence constructed on any Lot shall consist of not

less than 1200 square feet of enclosed heated floor space on the main level. The

landscaping and grassing of each Lot shall be completed within 18 months

from the time any construction begins on any Lot. All exterior construction

shall be completed within 18 months after it has commenced.

 

3. No Lot may be resubdivided unless each resulting Lot (including Lots

resulting from combinations of Lots) is at least 2 acres in size, but this

restriction does not apply to Lots owned by Declarants. Only one Single

Family Dwelling may be constructed per Lot. No outbuildings of any kind may

be constructed, except that after a Single Family Dwelling has been

constructed on a Lot, provided prior written permission is obtained from

the Architectural Review Committee, a two or three car detached garage, a barn

or stable, a guest cottage, and one small storage building may be constructed.

 

4. All water systems and septic disposal systems shall be constructed and

installed in accordance with the rules and regulations of authorities with

jurisdiction, as from time to time amended, and no outside toilets shall be

maintained upon any Lot, except during the 18 month construction period

specified above.

 

5. No residence, building, or any other structure shall be built or

maintained within 15 feet from any property line or the edge of any roadway

easement, unless a variance is first obtained in writing from the

Architectural Review Committee. This restriction shall not apply with

respect to the interior boundaries between Lots being improved as a unit.

 

6. No Lot or any part thereof shall be used for a junk yard or for any

unsightly or obnoxious purposes. Activities which may tend to cause

disorderly, unsightly or unkempt conditions shall not be pursued or

undertaken in the front yard of any Lot, or in any driveway, garage,

carport, or other place where such condition is visible from any road or

from any other Lot, including without limitation, the assembly and

disassembly of motor vehicles and other mechanical devices. No appliances

which are not operable and in use may be kept on any Lot. All trash,

garbage, and waste shall be kept in sanitary, closed receptacles. All

garbage cans and similar receptacles shall be kept in an enclosed or

screened area, so that the same will not be visible from other Lots in the

Subdivision or roads in the Subdivision. No burning of garbage shall be

Done or permitted on any Lot in the Subdivision; however, the burning of leaves,

clippings and trimmings is permitted so long as the same does not cause a

nuisance or inconvenience to the Owners of other Lots.

 

7. No animals may be kept and maintained on any Lot, except that this

restriction shall not prohibit the keeping of usual household pets,

provided said usual household pets are at all times confined to the Owner's Lot or

are allowed outside the Owner's lot only in the presence of the Owner;

also, this restriction shall not prohibit the keeping of horses, provided

adequate stabling, pasture, fencing and related facilities are provided for the

horses, and provided the number of horses to be kept on any Lot and the

stabling, pasture, fencing and other facilities therefor are approved in

advance in writing by the Architectural Review Committee. No animal may be

maintained on any Lot if it makes such an amount of noise at to frequently

or habitually disturb Owners of other Lots.

 

8. It shall be the responsibility of each Lot Owner to maintain a 15" or

larger drain tile on any portion of his Lot where a driveway crosses or any

other thing obstructs a drainage ditch. All soil disturbing activities,

including without limitation grading house sites, constructing driveways,

and landscaping, regardless of their extent, must conform to prevailing

laws and regulations regarding erosion control, both during construction and

afterward, and must not impair the erosion control measures previously

installed by the Declarants.

 

9. No commercial or business activities may be carried on on any Lot,

except that this provision shall not prohibit the leasing or renting of any Single

Family Dwelling on any Lot for any length of time and shall not prohibit

in-home businesses or offices that do not invite the general public upon

the premises.

 

10. It shall be the responsibility of each Lot Owner to provide adequate

parking space for motor vehicles on his or her Lot. Parking on the

Subdivision roads or within the rights of way thereof is prohibited. All

parking areas and driveways on all Lots must be surfaced completely

immediately upon installation and thereafter maintained with gravel,

concrete, asphalt or other appropriate paving material. No unlicensed or

inoperable vehicles may be maintained or kept on any Lot in the Subdivision.

 

11. In order to minimize noise pollution, the use of motorized lawnmowers,

lawn tractors, grass trimmers, garden tillers, chain saws, blowers and

other equipment (including but not limited to equipment with electric engines and

gasoline powered engines) shall be prohibited before 8:00 a.m. and after 9:30 p.m.

 

12. No Owner or Owners of any Lot shall operate or permit to be operated by

those under their control, or by those who ought to be under their control

motorcycles, three wheelers, four wheelers, ATV's, off-road vehicles or

similar vehicles within the boundaries of the Subdivision, except for legitimate purposes

of transportation to and from work into and out of the Subdivision. It is the intention

of this restriction to prohibit sport riding or joy riding upon such vehicles within the

boundaries of the Subdivision. No vehicle may be operated within the Subdivision

unless it is currently and legally licensed and insured. Any operator of any motorized

vehicle within the Subdivision must have a valid driver license.

 

13. A) Declarants reserve unto themselves, their heirs, successors and

assigns, and reserve and grant to the Association, to Duke Energy

Corporation and to all other public utility companies, a perpetual,

alienable and releasable easement and right of way on, over, and under the

ground to erect, maintain, and use electric and telephone poles, wires,

cables, and conduits, sewers, water mains, and other suitable conduits and

equipment for the transmission and discharge of electricity, telephone,

gas, sewer, cable television and other public conveniences or utilities on, in,

or over all roadway easements within the Subdivision and within the ten

foot wide strip immediately inside the boundary of each Lot; provided, in the

event of the improvement of two or more Lots as a unit, such easement shall

not exist with respect to interior Lot lines unless use of such easement

for such purposes has already begun. By reservation of said easements, the

Declarants do not obligate themselves or the Association to provide any

utility service to any Lot.

 

B) Declarants expressly reserve unto themselves, their heirs, successors

And assigns, the right to add additional lands to the Subdivision, and if the

Declarants do add additional lands to the Subdivision then the definitions

contained hereinabove of "Subdivision" shall be deemed to include the lands

so added and the definition contained hereinabove of "Lot" shall include

all Lots created within said additional lands. The right herein reserved to the

Declarants, their heirs, successors and assigns, to add additional lands to

the Subdivision may be exercised by it any number of times. Further,

Declarants specifically reserve unto themselves, their heirs, successors

And assigns, the right to burden the Subdivision roads, easements and rights of

way, by granting easements and rights of way over the same to serve and to

be appurtenant to lands added to the Subdivision and lands lying outside

the boundaries of the Subdivision. It is specifically the intent of the

Declarants to reserve unto themselves, their heirs, successors and assigns,

the right to establish additional easements and rights of way over the

Subdivision roads to serve any and all lands later added to the Subdivision

and any and all Lots created therein, and to serve lands lying outside the

boundaries of the Subdivision.

 

C) Declarants reserve unto themselves, their heirs, successors and assigns,

and declares for the benefit of the Association, its successors and

assigns, a perpetual easement for the erection, maintenance and repair of

subdivision signs upon any Lot which adjoins any public road, which easement shall

include the right to erect, maintain and repair walls and lighting at the

site of the sign and to landscape the area in the vicinity of the sign.

 

14. There is hereby established for the Subdivision an Architectural Review

Committee ("ARC") to ensure the development of the Subdivision and the

improvement of the Lots therein in accordance with this Declaration, and to

control the type, nature, and design of all building, structures, and other

improvements constructed within the Subdivision. The Declarants shall have

the right to appoint the members of the Architectural Review Committee,

unless and until the Declarants shall assign such right and responsibility

to the Association, in which event the Board of Directors or other

governing body of the Association shall constitute, or shall have the right to

appoint, the members of the Architectural Review Committee. At all meetings

of the Architectural Review Committee, two-thirds (b) of its members shall

constitute a quorum, and shall act by majority vote and keep proper records

and minutes. No principal residence, garage or storage building shall be

erected, placed, or altered on any Lot within the Subdivision until the

proposed building and plot plans showing detailed specifications,

elevations, dimensions, exterior color and finish, location of improvements,

drives and parking areas shall have been specifically approved in writing

by the Architectural Review Committee. In addition, no swimming pool, wall,

fence, hedge used as a wall, or other structure or man-made improvement

whatsoever shall be erected, placed or altered on any Lot within the

Subdivision until the same shall have been specifically approved in writing

by the Architectural Review Committee. No land clearing, filling or grading

shall be done on any Lot within the Subdivision until the plans for the

same shall have been specifically approved in writing by the Architectural

Review Committee. The Architectural Review Committee may make available to Lot

Owners architectural guidelines for use in Lot Owners' preparation of

building and plot plans. The Architectural Review Committee shall review

all plans and specifications and requests to it taking into consideration

harmony of exterior design, color, and location in relation to other

structures and Lots in the Subdivision. The Architectural Review Committee

shall have the authority to grant variances to the set back requirements

contained hereinabove. Every Lot Owner agrees for himself, his heirs,

successors and assigns, by the acceptance of his deed, that the

Architectural Review Committee shall have total authority to accept or

reject any plans or requests submitted to it and that refusal or approval

of plans, locations, specifications, or other requests may be based by the

Architectural Review Committee upon any grounds including purely aesthetic

considerations. Provided, however, the Architectural Review Committee may

not act arbitrarily or unreasonably.

 

All plans, specifications, and other requests submitted to the Architectural

Review Committee must be submitted at least twenty days prior to the

anticipated commencement of the proposed work. All submissions to the

Architectural Review Committee shall contain the name, address, and

telephone number of the Lot Owner, and the name, address, and telephone

number of any contractor or architect involved. The Architectural Review

Committee shall transmit its decision to the affected Lot Owner within

fifteen days of receipt by it of all information required or needed to make

its decision.

 

15. No outdoor clotheslines will be permitted on any Lot. No swingsets,

sculptures, statues, or other artificial yard toys or adornments will be

permitted on any Lot without the express prior written permission of the

Architectural Review Committee.

 

16. No fuel tanks or similar storage receptacles may be maintained on any

Lot unless the same are installed so that they are not visible from any

place outside the Lot.

 

17. No permanent or temporary antennae of any kind for television, radio,

short-wave, or any other use may be erected, placed, maintained, or located

upon any Lot without the express prior written permission of the

Architectural Review Committee, and any antennae approved by the

Architectural Review Committee must be installed, painted and maintained in

such a way as may be from time to time provided by the Architectural Review

Committee. The provisions of this restriction specifically include dish and

saucer type antennae larger than 24 inches in diameter.

 

18. No sign of any kind shall be displayed to the public view on any Lot,

except as provided in paragraph 13 C) hereinabove, and except that with the

prior written approval of the Architectural Review Committee, a sign

displaying the owner's name or a sign advertising the property for sale or

rent may be maintained.

 

19. No flagpole extending beyond seven feet in height or length shall be

erected upon any Lot or attached to any structure upon any Lot and no flag

may be flown for any reason at any time except the flag of the United

States of America or the flag of the State of North Carolina, unless approved in

writing in advance by the Architectural Review Committee. No decorative

items such as statuettes or renderings of animate or inanimate objects may

be erected or maintained upon any Lot unless the same are installed so that

they are not visible from any place outside the Lot and are approved in

writing in advance by the Architectural Review Committee.

 

20. Open, grassy areas such as lawns and meadows shall be mowed at least

two times per year, once prior to July 1 and once prior to November 1.

 

21. No building constructed on any Lot shall have tar paper, metal,

asbestos, unfinished plywood or rough hewn irregular edged type siding. No

building constructed on any Lot shall have visible concrete blocks, and any

and all concrete blocks used in construction on any Lot shall be covered

with stone, brick, stucco, wood or similar siding.

 

22. Primary electrical lines installed by arrangement of the Declarants for

the purpose of furnishing electrical power into the Subdivision and to the

Lot boundaries may be installed underground or overhead, in the discretion

of Declarants. Secondary electrical lines that are installed upon any Lot

leading from the primary electrical lines into the Lot must be installed

underground.

 

23. No Owner of any Lot may grant an easement or right of way across the

Lot for any reason or at any time to any person or entity other than the

Declarants or the Association unless the same shall first be approved in

writing by the Declarants.

 

24. Each Lot and each Lot Owner shall and must automatically be a member of

the Association. Each Lot and each Lot Owner shall be subject to all duly

adopted articles, by-laws, rules and regulations, and resolutions of the

Association. The by-laws of the Association are incorporated by reference

herein.

 

25. The Declarants shall have the responsibility of constructing all

Subdivision roads up to the standard of a well-graded, well-graveled,

well-ditched, and well-drained road, but after such construction the

Declarants shall not have any further responsibility with regard to the

roads and the maintenance and upkeep of said roads shall be the

responsibility of the Association. Only the Declarants shall have the

authority to name or change the names of roads in the Subdivision. The

Declarants may but are not obligated to create well and water systems and

other systems, facilities and amenities within the Subdivision. If any well

and water systems or other systems, facilities or amenities are created by

the Declarants in the Subdivision, the Declarants shall have the right, but

not the obligation, to assign the obligation for the maintenance and upkeep

of the same to the Association. The Declarants shall have the right to

convey real property to the Association for use as common areas for the

Association and all Lot Owners. The Association shall have as its primary

function the obligation to maintain and repair the roadways in the

Subdivision after their construction by the Declarants and to maintain,

repair and take other necessary actions with respect to such water systems,

other systems, facilities and amenities, and common areas in the

Subdivision as are installed by the Declarants and assigned to the Association or as

Are conveyed by the Declarants to the Association. The Association shall have

the express authority to pave the roads within the Subdivision, and shall

have the express authority to assess the Lot owners to pay for the costs

thereof. All such roadways, water systems, and other systems, facilities

and amenities, the maintenance and repair responsibility of which is that of

the Association, shall be maintained and repaired up to a standard at least as

good as the same are in at the time the Association commences having

responsibility for the same. Each Lot shall be assessed for the costs of

the maintenance, repair and upkeep of the roadways maintained by the

Association. Each Lot which has rights to any well or water system or other

systems, facilities and amenities, or common areas, which the Association

has the obligation to maintain and repair shall be assessed for the

maintenance and repair of the same. Provided, the Declarants shall not be

assessed for any reason for more than three Lots. The Association shall

have such other and further powers as may be adopted and set forth in its

by-laws as may now be in existence or may be adopted in the future, provided the

Association may not supersede its limitation as to the number of Lots for

which it may assess the Declarants.

 

If any person damages the Subdivision roads or common properties for any

reason, that person shall be responsible for paying to repair the same to

the original condition. Each Lot Owner shall, before the beginning of

construction of a dwelling on any Lot, pay to the Association for the

maintenance and repair of the Subdivision roads the sum of $300.00, which

shall be applied directly to the costs of maintenance and repair of said

Subdivision roads. If construction on any Lot causes damage to the

Subdivision roads in excess of $300.00, the Owner of such Lot shall pay to

the Association such amount as is necessary to repair the road to its

original condition.

 

The Declarants shall not have any responsibility to maintain the Subdivision

roads except in the manner of any other Lot Owner.

 

The Association shall periodically, at least annually, assess each Lot

Owner for his share of the costs and expenses of the maintenance, repair and

upkeep of the roads, water systems and other systems, facilities,

amenities, and common areas, the maintenance responsibility for which is that of the

Association. The Association shall also have the authority to levy special

assessments for unusual expenditures, such as paving the Subdivision roads.

Payment of such assessments shall be due thirty days after notice thereof

Is sent. If not paid within said thirty day period, such assessments shall be

deemed delinquent and shall commence bearing interest from such time at the

rate of eighteen percent per annum.

 

Any assessment levied against any Lot which so becomes delinquent shall

constitute a lien upon such Lot when filed of record in the office of Clerk

of Superior Court for Macon County, North Carolina, in the manner provided

therefor by Article 2 of Chapter 44A, Statutory Liens on Real Property, of

the North Carolina General Statutes, or its successor statute. The claim of

lien shall be filed in the name of the Association. The Association shall

have the right to proceed in its own name in any court of competent

jurisdiction. The claim of lien may be foreclosed in a like manner as a

mortgage on real estate under the Power of Sale under Article 2A of Chapter

45 of the General Statutes.

 

If any delinquent assessment is placed in the hands of any attorney for

collection, there shall be added to the amount due all costs of collection,

including all reasonable attorney's fees.

 

The lien shall include the amount of all interest which accrues and

continues to accrue upon the assessment, and shall include the

aforementioned costs of collection and attorney's fees.

 

All assessments, interest, costs and attorney's fees shall be and

Constitute the personal joint and several obligation of each Lot Owner. The

Association or any other Lot Owner may bring an action against the Lot Owners in

Default to seek a money judgment for the amount of the assessments, interests,

Costs of collection and attorney's fees.

 

Any person may purchase the Lot at any sale ordered pursuant to an action

To foreclose the lien.

 

26. The name "Cherokee Forest" and any similar expression of said name are the

sole and exclusive property of the Declarants and cannot be used by any

other person or entity for any reason except to identify the Association or

any Lot subject to this Declaration.

 

27. In the event of a violation or breach of any of these restrictive

covenants, the persons and entities entitled to enforce them or any one or

more of them, shall have the right to proceed at law or in equity to compel

a compliance with the terms hereof or to restrain or enjoin the violation

of the terms hereof.

 

28. This Declaration may be amended by means of a duly recorded amendment

signed by the Declarants until such time as they have sold fifteen Lots in

the Subdivision. This Declaration may be amended by means of a duly

recorded amendment signed by the Owners of two-thirds (b) of the Lots subject to

this Declaration. This Declaration may also be amended by the Association by a

two-thirds (b) majority vote of its members at a duly called members  meeting

at which a quorum is present, and in such event the appropriate officers of

the Association shall record the proper amendment.

 

29. This Declaration shall be effective for a period of seventy-five (75)

years from and after its date as set forth above and shall be renewed for an additional 10 years

with the affirmative vote of 75% of lot owners.

 

30. No owner may waive or otherwise escape liability for the assessments provided for

herein by non-use of the roads or abandonment of his/her lot.

 

31. The association shall not be required to transfer memberships on its books or to allow the exercise of any rights or proviliges of membership on account therof to any owner or to any persons claiming under them unless or until all assessments and charges to which they are subject have been paid in full.

 

No lot shall be used exept for one single family dwelling, a guest house, and out buildings approved by the Declarant/Association. Out-buildings shall be in the same or similar style as the maiin dwelling.

 

Construction: Construction and improvements, once commenced, shall be completed within 18 months wit respect to the exterior and the grounds improvements. Improvements not so completed or construction which has been partially or totally destroyed and not rebuilt or cleaned away so as to leave a neat and tidy appearance, with in 18 months shall be deemed a nuisance. Declarant/Association shall have the right to go upon the property and complete ay structure in violatio of this provision above and assess the cost to the owner of the lot and thereby a Statuatory lien agains the lot therefore.

 

All lots, whether occupied or unoccupied, and all improvements placed thereon shall at all times maintained in such a mananer as to prevent their becoming unsightly, unsanitary, ora a hazard to health. If not so maintained, the Declarant/Assocation shall have the riht to rectify such offensive situation and the cost of such undertakings shall be a special assessment against the lot owner and the lot. Neither the Delarant/Association, nor any of its agents, employees or contractors shall be liable for any damage which may result from its actions to so rectify any offensive situation.

 

No owner shall burn any trash, garbage, or refuse on Declaration Property, unless it complies with the health and safety regulations of the County ans State.

 

Now owner shall accumulate on his lot any junk vehickles, litter, trash or rubbish, or garbage except in recptacles designed for such purposes.

 

There shall be no breeding of animals for subsequent sale.

 

There shall be no acess, nor easement granted from any lot within the subdivision to any adjacent lands not withini the subdivision. This provision shall not apply to the Declarant. Te Declarant/Developoer reserves the riht to grant any extension of access or utility easement or right of way beyond the declaratio property, provided the adjacent owners shall oin in their share of the raod maintenance.

 

Utilities. A strip fifteen (15) feet wide, running along the inssidde of all lot lines and the roa right of way line, for the installatiokn, maintenance andd operation of utilities including radio and television transmission cables and the accessory right to locate guy wires, braces and anchors or to cut trim or remove trees and plantings whereever necessary upon such lots in connection with such installation maintenance and operation.

 

The areas of any lots affected by the easements reserved herein shall be maintained continuously by the owner of such lot with the exception of the actual roadways, which shall be maintanined by the Declarant/Developer or Associtaion. No structurs, plantings or other materials shall be plaed or permitted to remain or other activities undertaken thereon which may damage or interfere with the use of said easements for the purposes herein set forth. Improvemenets withini such areas shall be maintained by the owner except those for which a publich authority or utility comopany is responsible.

 

 

 

 

IN WITNESS WHEREOF, the Declarants have caused these presents to be

Properly executed.

 

 

 

_______________________________(SEAL)

 

Name

 

 

 

________________________________(SEAL)

 

Name

 

 

 

 

 

NORTH CAROLINA

 

JACKSON COUNTY

 

I, , a Notary Public, do hereby certify that

 

(type or print name of Notary)

 

__________________ personally appeared before me

this date and acknowledged the execution of the foregoing instrument.

 

WITNESS my hand and official stamp or seal, this ______ day of  ____________, 2003.

 

 

SEAL-STAMP ___________________________________

 

Notary Public

 

My commission expires: _______________

 

 

 

 

 

NORTH CAROLINA

 

JACKSON COUNTY

 

The foregoing or annexed certificate of _____________________, a Notary

Public, is certified to be correct. This instrument was presented for

registration and recorded in this office in Book ____________ at Pages______________.

this _______ day of ______________, 2003, at ___________ o'clock ___.M.

_______________________________

 

REGISTER OF DEEDS

 

 

 

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