Deed Restrictions

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NORTH CAROLINA

JOHNSTON COUNTY

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WILLIAMS FARM SUBDIVISION

THIS DECLARATION made this ______ day of June, 2007, by Ted Pace (Declarant).

WITNESSETH:

WHEREAS, Declarant is the owner of certain real property located in the Pine Level Township, Johnston County, North Carolina, which is more particularly described on a map entitled Williams Farm Subdivision, as recorded in Plat Book _____, page(s)____, Johnston County Registry, reference to which is hereby made; and,

WHEREAS, Declarant will convey said property subject to the covenants, conditions, restrictions, reservations and charges as set forth herein, and which shall run with the lots and be binding on all parties having any right, title or interest therein and their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof; and,

WHEREAS, Declarant desires to insure the most appropriate development and improvement of each lot, to protect the lot owners against such improper use as would depreciate the value of the property to each, to preserve insofar as practicable the natural beauty of each lot, to guard against the erection thereon of poorly designed or proportioned structures built of substandard or unsuitable materials, to secure and maintain proper setbacks with adequate free space between structures, and in general to provide for a high quality of improvements.

NOW, THEREFORE, Declarant hereby declares that all of the real property as described hereinabove shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions:

1. LAND USE AND BUILDING TYPE. Each lot shall be used for residential purposes only. No more than one residential unit may occupy any lot. A “residential unit” is a single-family dwelling or more lots of the subdivision and no multi-family housing, duplexes or townhouses are permitted. A single-family dwelling may not exceed two stories and an attic (finished or unfinished) in height, a basement (finished or unfinished), and a garage which may included quarters.

2. GARAGES AND PARKING. Each lot shall contain sufficient off-street paved parking spaces for at least two automobiles. No automobiles shall be parked on any public street abutting any of the lots.

3. LEASE OF PORTION OF DWELLING UNIT. An owner may rent or let his entire dwelling unit, but no portion of any dwelling unit shall be leased nor may any other building located on a lot be leased separately from the dwelling unit.

4. YARD LIGHTS. Each dwelling may cause a yard light or other illuminating device to be installed in the front yard 15 feet (plus or minus 1 foot) from the curb. 4a. "The developer reserves the right to subject the real property in this subdivision to a contract with Progress Energy Carolinas, Inc. for the installation of street lighting, which requires a continuing monthly payment to Progress Energy Carolinas, Inc. by each residential customer."

5. NUISANCES. No portion of any lot shall be used for business, manufacturing or commercial purposes, nor shall any animals, fowl or merchandise be kept or allowed to remain on any lot for commercial purposes. No animals other than household pets shall be kept or allowed to remain on any lot for any purpose, nor shall anything be done on any lot which is a nuisance or an annoyance to the community. The Architectural Control Committee shall notify any lot owner where there is a dog allowed outside if barking is a concern to neighbors and the dog will thereafter wear a barking collar as specified by the Architectural Control Committee. Owners shall keep all dog pens screened so they are not visible by neighbors or from the street and be no covers own the pens, no tarps and only one house approved in writing by the Architectural Control Committee. Each lot owner shall maintain his buildings, improvements, landscaping, and grounds in safe, clean, and orderly condition.

6. APPEARANCE. Each owner shall keep his building site free from tall grass, undergrowth, dead trees, trash, and rubbish, and properly maintain so as to present a pleasing appearance within the subdivision. In the event of the Declarant and/or Architectural Control Committee, then the Declarant (or his/her successors in interest), at its option, may have the site cleaned to his/her or the Architectural Control Committee’s satisfaction, and the costs thus incurred shall be the responsibility of the lot owner. The costs on construction of such fence or fences, if expended by the Declarant or his/her successors in interest, shall be a continuing lien upon the property until the sums due and payable are paid in full.

At the option of the Declarant and/or the Architectural Control Committee, silt fences may be required to be erected during the period of construction of any structure to be located on any lot, to prevent erosion or other damage to adjoining lots. Construction and maintenance of the same shall be borne by the lot owner. In the event an owner does not construct such a fence after being requested to do so by the Declarant and/or Architectural Control Committee, the Declarant (or its successors in interest), at its option, may have the fence erected, and the costs thus incurred shall be the responsibility of the lot owner. The costs of construction of such fence or fences, if expended by the Declarant or his/her successors in interest, shall be a continuing lien upon the property until the sums due are paid in full.

7. DWELLING SIZE. No dwelling shall be erected or allowed to remain on any lot if the floor area of the main structure, exclusive of one-story open porches and garages, shall be less than 1,100 square feet. The maximum impervious area on each lot is limited to 3,822 square feet.

8. ARCHITECTURAL CONTROL. Only dwelling units or other improvements which have been approved in writing by the Declarant or its agents prior to the commencement of the clearing, grading or construction of any kind on a lot will be permitted. All improvements shall comply with the plans as presented unless changes are approved in writing by Declarant. No flat roofs will be permitted without written permission of the Declarant. All drives and walks must be paved with concrete, or brick. All lots on which a dwelling unit is approved and built shall be landscaped in accordance with such plans approved by Declarant. Landscaping must be finished upon completion of the dwelling unit. Total construction time, from the date of final approval of plans by Declarant to the completion of the dwelling unit for occupancy, shall not exceed twelve months. Any structure or facility for providing alternative sources of energy, such as solar, wind, or biomass, or for television or other signal reception, such as an antenna or satellite dish shall be erected and maintained only with the prior written approval of Declarant. Written approval of Declarant shall also be required prior to erecting, placing, or altering mailboxes (which shall be of a uniform scheme if not identical), permanent signs, newspaper boxes, or any outdoor lighting upon any lot.

For ten years from date or until Declarant no longer owns any lot within the subdivision, whichever date is last to occur, Declarant shall appoint within it sole discretion the Architectural Control Committee. Thereafter if any homeowner believes an Architectural Control Committee should be appointed or members changed, any record owner of any lot within the property shall have the right to call the first meeting of the homeowners by sending by registered or certified mail, return receipt requested, written notice of a proposed meeting for the election of an Architectural Control Committee, and the time and place of meeting (said meeting to take place no less than thirty days following the mailing of such notice to all record owners at their last known addresses disclosed by the Johnston County Tax Listings).

At the record owners meeting each record owner shall have one vote for each lot owned. In no event shall any lot of any subdivision thereof have more than one vote, regardless of the number of record owners. A majority of the votes cast, whether in person or signed by proxy at a record owners meeting, is required for the election of three members to constitute the Committee. Two thirds (2/3) of the owners must appear in person or by proxy for a meeting to be valid. Furthermore, at such meetings, the record owners by a majority of the votes cast in person or by signed proxy shall elect a Chairperson to manage the Committee. Thereafter any member of the Committee may call a meeting by following the notice procedure in the proceeding paragraph once per year.

9. BUILDING SETBACK. No building shall be erected on any lot nearer than thirty feet from the right-of-way of the street abutting the front of said lot. There shall be kept open and uncovered by any building a side yard along each side of the lot having a combined width of 25 feet, with a minimum width of 10 feet on any one side. In no event shall any portion of the main building extend any closer to the rear property line than 25 feet. The front building lines provided herein shall not apply to steps, stoops, eaves, or unenclosed porches which do not project more than 5 feet beyond the building line. Deviations from building line restrictions of 10 feet or less shall not be construed as a violation of these covenants if approved by the Declarant or the Architectural Control Committee; furthermore, Declarant shall have the right to waive, in its sole discretion and without the consent of any other party, the building setbacks, either in whole or in part as applicable to any given lot.

10. UTILITIES. All drainage, water, sewer, gas, electric, telephone, television, and other utility lines, and all connections between the main utility lines and the dwelling unit, and any other structures on any interior lot shall be located underground and concealed so as not to be visible. The property owners will each maintain the drainage ditches in front of their respective lot to meet all storm water requirements.

11. EASEMENTS. Easements for installation and maintenance of drainage facilities are reserved as shown on the recorded plat, and Declarant further reserves an easement for, and the right at any time in the future to grant rights-of-way for the installation and maintenance of public utilities and any irrigation systems over, under and across any lot at a distance of not more than 10 feet from the side and rear lines of said lot. Each lot and any property designated as a common area shall be subject to an easement for minor encroachments created by construction, settling, overhangs, brick ledges, balconies, fences, or other protrusions designated or constructed by Declarant.

12. PLACEMENT OF DWELLING. The main dwelling on any lot shall not be erected or allowed to remain facing in any direction other than toward the street abutting the front of said lot. In case of a corner lot, it may face either street.

13. TEMPORARY STRUCTURES. No structure of a temporary character shall be erected or allowed to remain on any lot, and no basement (unless constructed as part of the main dwelling being erected at the same time), tent, shack, garage, mobile home, barn, or other outbuilding erected shall be used as a residence, wither permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building material, or non-operative motor vehicle be stored on any lot, except as specifically permitted by Declarant.

14. STREETS, FENCES, WALLS, SIGNS. No street shall be laid out or opened across or through any lot. Fencing shall be allowed only where a specific purpose is served thereby, and all fencing must be approved by Declarant. If pets are kept outside, then backyard fencing will be required for containment of pets. Where fencing is allowed, the fence shall be erected either on or within 5 feet of property line. Other than one for sale sign during marketing of the house, no signs shall be erected or allowed to remain on any lot except with the written consent of Declarant.

15. OUTDOOR STRUCTURES AND VEHICLE PARKING. Adequate off-street parking shall be provided by the owner of each lot for the parking of automobiles owned by such owner, and owners of lots shall not be permitted to park their automobiles on the streets in the subdivision. Owners of lots shall not be permitted to park boats, trailers, campers, commercial vehicles, and all other similar property on the streets in the development, and such property shall not be permitted to be parked in the front yard or where it is highly visible from streets within the subdivision. Only operative automobiles shall be regularly parked or stored in any area on a lot except inside enclosed building, behind screening approved by Declarant, or as otherwise consented to in writing by Declarant.

16. ACCESSORY BUILDINGS. No accessory building of any nature whatsoever (including, but limited to, detached garages, storage buildings, doghouses, and greenhouses) shall be placed on any lot without the prior written approval of the Architectural Control Committee, with said committee to have the sole discretion relating to the location and type of accessory building which shall be permitted on any lot. Under no circumstances shall metal storage buildings be permitted. All accessory buildings must conform to the same architectural style as the residence located on the same lot. Carports opening to the front of the house are expressly prohibited hereby.

17. APPLICATION OF RESTRICTIONS. The forgoing restrictions shall apply only to the lots, and nothing contained herein shall prevent the Declarant from altering the size or frontage of any property other than the lots or the location of any streets or roads other than portions of such streets or roads as abut the lots.

18. WAIVER OF AND CONSENT TO VIOLATIONS. Declarant may waive any violation of these restrictions by an appropriate instrument recorded in the Johnston County Registry; however, if the violation occurs on any lot which abuts a lot previously conveyed to an owner in fee simple, the consent of such adjoining owner shall also be contained within the aforementioned instrument to be recorded in the Johnston County Registry. The provisions of this paragraph whereby the consent of the adjoining property owner is required shall not be applicable to paragraphs 3, 4, 8, 9, 12, 13, 14, and 15 of this Declaration whereby only the written consent of Declarant is required.

19. TERM. These restrictions shall run with the land and be binding on all parties and persons claiming under them for a period of 30 years from the date of recordation hereof, after which time said restrictions shall be automatically extended for successive 10 year periods. Seventy percent of the owners of the lots in the subdivision may waive or make the existing covenants less strict or stringent by an agreement to amend these covenants recorded in the Johnston County Registry.

20. POOLS AND TENNIS COURTS. No pool, tennis court, or other recreational facility shall be constructed on any lot without the prior written approval of Declarant.

21. ENFORCEMENTS. Enforcement of this Declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any of the restrictions contained herein, either to restrain violation or to cover damages.

22. ASSIGNMENT BY DECLARANT. Declarant shall have the right to assign its rights under this Declaration, in whole or in part, including the right to transfer the power of architectural control to a committee appointed by Declarant, to any person or entity by an express transfer of such rights.

23. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions contained herein, which shall remain in full force and effect.

IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal, the day and year first above written.

_____________________________________

Ted Pace

SEAL-STAMP Virginia , _________________________ County .

I, a Notary Public of the County and State aforesaid, certify that Ted Pace, single, Declarant, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this ________ day of May 2007.

______________________________________

Notary Public

My commission expires: _______________

NORTH CAROLINA

JOHNSTON COUNTY

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WILLIAMS FARM SUBDIVISION

THIS DECLARATION made this ______ day of _________ 2007, by Ted Pace (Declarant).

WITNESSETH:

1. LAND USE AND BUILDING TYPE. Each lot shall be used for residential purposes only. No more than one residential unit may occupy any lot. A “residential unit” may be a single family dwelling or may be connected to another residential unit, as in a duplex or two-unit town house. A single-family dwelling may not exceed two stories and an attic (finished or unfinished) in height, a basement (finished or unfinished), and a garage which may included quarters.

2. GARAGES AND PARKING. Each lot shall contain sufficient off-street paved parking spaces for at least two automobiles. No automobiles shall be parked on any public street abutting any of the lots.

4. YARD LIGHTS. Each dwelling will cause a yard light or other illuminating device to be installed in the front yard 15 feet (plus or minus 1 foot) from the curb. The owners of the lot shall cause the light/illuminating device to be on at all times other than daylight hours. The owner will supply, at his/her expense, said lights and equipment with sun electric cells.

At the option of the Declarant and/or the Architectural Control Committee, silt fences may be required to be erected during the period of construction of any structure to be located on any lot, to prevent erosion or other damage to adjoining lots. Construction and maintenance of the same shall be borne by the lot owner. In the event an owner does not construct such a fence after being requested to do so by the Declarant and/or Architectural Control Committee, the Declarant ( or its successors in interest), at its option, may have the fence erected, and the costs thus incurred shall be the responsibility of the lot owner. The costs of construction of such fence or fences, if expended by the Declarant or his/her successors in interest, shall be a continuing lien upon the property until the sums due are paid in full.

8. ARCHITECTURAL CONTROL. Only dwelling units or other improvements which have been approved in writing by the Declarant or its agents prior to the commencement of the clearing, grading or construction of any kind on a lot will be permitted. All improvements shall comply with the plans as presented unless changes are approved in writing by Declarant. No flat roofs will be permitted without written permission of the Declarant. All drives and walks must be paved with concrete, asphalt, or brick. All lots on which a dwelling unit is approved and built shall be landscaped in accordance with such plans approved by Declarant. Landscaping must be finished upon completion of the dwelling unit. Total construction time, from the date of final approval of plans by Declarant to the completion of the dwelling unit for occupancy, shall not exceed twelve months. Any structure or facility for providing alternative sources of energy, such as solar, wind, or biomass, or for television or other signal reception, such as an antenna or satellite dish shall be erected and maintained only with the prior to erected and maintained only with the prior written approval of Declarant. Written approval Declarant shall also be required prior to erecting, placing, or altering mailboxes, permanent signs, newspaper boxes, or any outdoor lighting upon any lot.

For ten years from date or until Declarant no longer owns any lot within the subdivision, Declarant shall appoint within it sole discretion the Architectural Control Committee. Thereafter if any homeowner believes an Architectural Control Committee should be appointed or members changed, any record owner of any lot within the property shall have the right to call the first meeting of the homeowners by sending by registered or certified mail, return receipt requested, written notice of a proposed meeting for the election of an Architectural Conrtol Committee, and the time and place of meeting (said meeting to take place no less than thirty days following the mailing of such notice to all record owners at their last known addresses disclosed by the Johnston County Tax Listings).

At the record owners meeting each record owner shall have one vote for each lot owned. In no event shall any lot of any subdivision thereof have more than one vote, regardless of the number of record owners. A majority of the votes cast, whether in person or signed by proxy at a record owners meeting, is required for the election of three members to constitute the Committee. Two thirds (2/3) of the owners must appear in person or by proxy for a meeting to be valid. Furthermore, at such meetings, the record owners by a majority of the votes cast in person or by signed proxy shall elect a Chairperson to manage the Committee. Thereafter an member of the Committee may call a meeting by following the notice procedure in the proceeding paragraph once per year.

9. BUILDING SETBACK. No building shall be ercted on any lot nearer than thirty feet from the right-of-way of the street abutting the front of said lot. There shall be kept open and uncovered by any building a side yard along each side of the lot having a combined width of 25 feet, with aminimum width of 10 feet on any one side. In no event shall any portion of the main building extend any closer to the rear property line than 25 feet. The fron building lines provided herein shall not apply to steps, stoops, eaves, or unenclosed porches which do not project more than 5 feet beyond the bilding line. Deviations from building line restrictions of 10 feet or less shall not be construed as a violation of these covenants; furthermore, Declarant shall have the right to waive, in its sole discretion and without the consent of any other party, the building setbacks, either in whole or in part as applicable to any given lot.

10. UTILITIES. All water, sewer, gas, electric, telephone, television, and other utility lines, and all connections between the main utility lines and the dwelling unit, and any other structures on any interior lot shall be located underground and concealed so as not to be visible.

11. EASEMENTS. Easements for installation and maintenance of drainage facilities are reserved as shown on the recorded plat,and Declarant further reserves an easement for, and the right at any time in the future to grant rights-of-way for the installation and maintenance of public utilities and any irrigation systems over, under and across any lot at a distance of not more than 10 feet from the side and rear lines of said lot. Each lot and any property designated as a common area shall be subject to an easmenet for minor encroahments created by construction, settling, overhangs, brick ledges, balconies, fences, or other protrusions designated or constructed by Declarant.

13. TEMPORARY STRUCTURES. No structure of a temporary character shall be erected or allowed to remain on any lot, and no basement (unless constructed as part of the main dwelling being erected at the same time), tent, shack, garage, mobile home, barn, or other outbuilding erected shall be used as a residence, wither permanently or temporarily. Neither shall any trailer, recreational vehicle, motor home, building material, or non-operative motor vehicle stored on any lot, except as specifically permitted by Declarant.

14. STREETS, FENCES, WALLS, SIGNS. No street shall be laid out or opened across or through any lot. Fencing shall be allowed only where a specific purpose is served thereby, and all fencing must be approved by Declarant. If pets are kept outside, then backyard fencing will be required for containment of pets. Where fencing is allowed, the fence shall be erected either on or within 5 feet of property line. No signs shall be erected or allowed to remain on any lot except with the written consent of Declarant.

16. ACCESSORY BUILDINGS. No accessory building of any nature whatsoever (including, but limited to, detatched garages, storage buildings, doghouses, and greenhouses) shall be placed on any lot without the prior written approval of the Architectural Control Committee, with said committee to have the sole discretion relating to the location and type of accessory building which shall be permitted on any lot. Under no circumstances shall metal storage buildings be permitted. All accessory buildings must conform to the same architectural style as the residence located on the same lot. Carports opening to the front of the house are expressly prohibited hereby.

18. WAIVER OF AND CONSENT TO VIOLATIONS. Declarant may waive any violation of these restrictions by an appropriate instrument recorded in the Johnston County Registry; however, if the violation occurs on any lot which abuts a lot previously conveyed to an owner in free simple, the consent of such adjoining owner shall also be contained within the aforementioned instrument to be recorfded in the Johnston County Registry. The provisions of this paragraph whereby the consent of the adjoining property owner in required shall not be applicable to paragraphs 3, 4, 8, 9, 12, 13, 14, and 15of the Declaration whereby only the written consent of Declarant is required.

19. TERM. These restrictions shall run with the land and be binding on all parties and persons claiming under them for a period of 30 years from the date of recordation hereof, after which time said restrictions shall be automatically extened for successive 10 year periods unless an instrument agreeing to change in said restrictions, in whole or in part, and executed by amajority of the then owners of the lots has been recorded in the Johnston County Registry.

20. POOLS AND TENNIS COURTS. No pool, tennis court, or other recreational facility shall be constructed on any lot without the prior written approval of Declarant.

IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal, the day and year first above written.

By:______________________________________

ATTEST:

_________________________________________