NORTH CAROLINA

HALIFAX COLINTY

GASTON PINES

RESTRICTIVE COVENANTS
ADDITIONAL LANDS MAY BECOME SUBJECT TO THIS DECLARATION
The Developer, its successors and assigns at any time prior to January 1,2033, shall have the right to bring additional lands into the scheme of this Declaration. The additions authorized under this Section and the succeeding Articles shall be made by filing of record a Supplementary Declaration of covenants and restrictions with respect to the additional property which may extend the scheme of the covenants and restrictions of this Declaration to such property. Such Supplementary Declaration may contain complementary additions and modifications of the covenants and restrictions contained in the Declaration as may be necessary to reflect the different character of the added properties. In no event, however, shall Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the existing property.

BUILDING AND USE LIMITATIONS

The following restrictions and covenants shall apply to all those certain lots, tract or parcel of real estate known as Gaston Pines in Halifax County, North Carolina. These restrictions and covenants are to run with the land and shall be binding on all parties and persons claiming under them until January 1,2033, at which time said restrictions and covenants shall be automatically extended for successive periods of ten years, unless by the written consent of the then owners of more than 80% of the lots covered by these restrictions, it is agreed to change said restrictions in whole or in part.
l) All lots in the property shall be used for residential purposes only. No buildings shall be erected, altered, placed or permitted to remain on any lot other than (l) one detached, single, family dwelling, basements and garages; (2) one accessory out-building or one detached double garage not to exceed 50% of the square footage of residence, being of the same color as the family dwelling, and located on the roadside of the family dwelling at least 60 feet from the road. Outbuildings to be completed within 45 days after construction. The common areas may have non-residential structures built for recreational use as approved by the developer or its successors or assigns.
2) All residential buildings constructed on lots on the map herein above referred to shall have at least the following square footage of floor areas, exclusive of porches, patios, basements and garages: (1) A one-story house shall have at least 1200 square feet. (2) A two-story house shall have at least 1400 square feet with at least 700 square feet on the first floor. (3) A one and one-half story house shall have at least 1200 square feet with at least 700 square feet on the first floor. For purposes of these restrictions, a basement is defined as any floor level constructed in part or in whole below grade. All homes must be on site stick-built-no pre-fab, panelized or modular homes.
3)No building shall be located on a lot nearer than fifty feet to the road front property lines or ten feet to the side property lines.
4)No structure of a temporary character, trailer, doublewide mobile home, basement, tent, shack, garage, barn or other building shall be used on any lot, at any time, as a residence. Either temporarily or permanently. Modulars are not allowed.
5)No camping shall be permitted on any lot.
6)No building shall be erected, placed or altered on any lot in said development until the building plans, and plot plan showing the location of the buildings, have been approved by the developer, its successor or assigns prior to commencement of any construction. Failure to approve or disapprove such plans within thirty (30) days after such plans have been submitted will mean such approval will not be required and this covenant will be deemed to have been fully complied with. The developer failing to approve the plans within 30 days does not relieve the buyer from meeting all necessary standards as set out in the restrictive covenants.
7)All building materials used in the exterior construction of any structure shall be new materials, native stone or cleaned old brick, unless otherwise approved by the Developer/Owner successors or assigns.
8)Cinder or concrete block, asphalt shingles, tar paper or metal shall be prohibited as a major exterior building material; provided, however, asphalt roofing shingles may be used for a roof and concrete block may be used for foundation if it is parged and stuccoed as to hide the block. Concrete block may be used if it is stuccoed in a way that the joints may not be seen.
9)No lot shall be used or maintained as a dumping ground for rubbish.
10)No abandoned automobiles, trucks or non-functioning vehicles may be left on any lot in the subdivision.
11)The collection or accumulation of trash, garbage, rubbish, or weeds, must be removed from the premises, and all property shall be kept in an orderly and sanitary condition at all times.
12) No metal or wire fencing to be allowed on any lot or portion thereof. Split-rail or other wooden fencing is permissible. Metal or wire fencing may be used for a pet enclosure not to exceed 500 square feet of yard or 100 linear feet of fence. Such a fence must be screened from view from the adjoining property owners and the street. A written statement from the adjoining neighbors relieving the need for screening is permissible.
13) A 40' strip of land back from the property line abutting the roadways to be kept clear of all dead trees, underbrush and fallen limbs and branches.
14) No lot or portion of a lot is to be clear-cut, except for the building site and a reasonable safety zone around such site.
15) Exterior lights should be done in such a fashion as to protect your neighbor's privacy.
16) No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
17) No animals or fowl shall be raised, bred or kept on any lot; provided, however, dogs, cats or any other household pets may be kept upon condition that they are not kept, bred, or maintained for any commercial purpose.
18) No lot or group of lots may be re-subdivided as to produce a greater number of lots except the developer or his assigns may subdivide lots that have not previously sold and produce a greater number of lots.
19) The entire exterior of all residential buildings must be completed within twelve months after starting or owner must get written approval of delays from the Developer/Owner, successors or assigns of the Gaston Pines. All cement block foundations or basements must be finished with either brick, stone, or parged and stuccoed in such a manner as to conceal all mortar joints in the cement blocks.
20) No billboards, signboards or unsightly objects of any kind shall be maintained on any lot, (except two suitable "for sale" signs not exceeding 600 square inches in size and any billboards or signs installed by Gaston Pines, LLC)
2l) Each owner of a lot agrees to become a member of the properly owners association known as "Gaston Pines Property Owners Association". The owner or owners of each lot will have one membership and one vote and the association will have the power to levy reasonable annual assessments for the purpose of maintaining the roads in Gaston Pines in the manner and the form hereinafter provided in the section titled "Covenant for Road Maintenance Assessments". The Developer is considered an association member for each lot owned, but is not responsible for any dues.
22) All telephone, electric and other utility lines and connection between the main utility lines serving the premises and any building constructed on any building site shall be concealed and located underground so as not to be visible.

EASEMENTS

The following portions of the property described as Gaston Pines lots shall be subject to the following easements or right of ways:
1)A strip or parcel of land ten feet in width extending along the entire road front property line of each lot in Gaston Pines shall be subject to a perpetual easement and right of way for construction alteration, repairs and maintenance of utility lines including private septic lines.
2)A strip or parcel of land not exceeding eight feet in width extending in length along the entire road front property line of each lot shall be subject to a right of way for cleaning and maintaining of ditches and maintaining of road edges and shoulders In connection with the maintenance of the road running along the road front property line of said lot.
3)All lots shall be subject to an easement or right of way for the natural drainage and flow of water in their present conditions; provided, however that an owner of a lot may change the drainage or flow within the boundaries of his lot. The lots are subject to flowage easements of the natural flow of water across the lot from existing creeks, washes, or road drainage. Some lots may require landscaping or special house placement for proper drainage and flow of water.
4)The property lying within the existing 50 foot wide right of way is subject to any existing rights of way over the same. There is reserved in Gaston Pines the right and privilege to maintain said roads and without consent, to grant to the Department of Transportation of the State of North Carolina, its successors or other appropriate public agency the perpetual right, privilege and easement to maintain the roads in Gaston Pines.

COVENANT FOR ROAD AND COMMON AREA MAINTENANCE
ASSESSMENTS

Unless the streets and roads in Gaston Pines are being maintained as a part of the public road system of the State of North Carolina or continuing until such time as said roads and streets may be maintained as a part of the public road system, the Gaston Pines Property Owners Association will maintain such roads. The Gaston Pines Property Owners Association will also be responsible for the maintenance and upkeep of the common picnic pavilion area and entrance marker area. Said Association has the power to levy responsible assessments for the purpose of maintaining the roads, common area and entrance marker area in said subdivision and paying the Association's administrative costs. Further, the Association agrees to accept title to the aforesaid roads should the Developer tender same. The Association shall be operated using the following guidelines:
1) Assessments shall be on a per lot basis.
2) Each lot shall have one membership and its owner or owners shall have one vote.
3) A vote may be cast in person or by proxy.
4) The Association shall have no authority to enter into any contract for expenditure in excess of those fees then collected.
5)The Association shall annually elect from its membership a President, Secretary and Treasurer who shall represent said Association in Collecting said assessments and who shall administer said funds subject to the direction of the membership.
6)Action shall be taken by said Association by not less than 50% of those lots present in person or by proxy and participating in any meeting.
7)An annual meeting shall be held at 11:00 a.m. on the Saturday before Memorial Day of each year at a place designated in writing thirty (30) days before the meeting.
8) Unless said Association has on hand at least $_________ on its annual meeting date. the annual assessment shall be set at not less than $__________ per lot.
9)A quorum at any meeting shall consist of 50% of the lots represented in person or by proxy.
10)These guidelines, except as to the amount of assessments, the purposes for which assessments may be used, and the prohibition against contracting for experience of funds in excess of those collected may be changed, altered, or amended by the written consent of the owners of not less than 75o/o of the lots within Gaston Pines and said change shall be effective upon the recordation in the Halifax County registry of a statement or declaration of said changes signed by said owners of lots in Gaston Pines.
11)Gaston Pines Property Owners Association will collect an annual assessment for the maintenance and upkeep of roads, the common picnic pavilion area and the entrance marker area. This annual assessment shall be One Hundred Dollars ($100.00) per lot and shall be due on July 1st of each year.
12)The Developers of Gaston Pines shall be exempt from paying dues for Gaston Pines Property Owners Association.
13)The Developers of Gaston Pines shall tum over ownership of the common picnic pavilion area and entrance marker area to the homeowners when sixty percent (60%) of the lots in Gaston Pines are sold.

GENERAL PROVISIONS

Section 1. Right to Change by Unanimous Consent

Notwithstanding any other provision of the Declaration, by unanimous consent of all then record owners in Gaston Pines evidenced by an agreement executed by all of said then record owners recorded in the Warren County Registry, these covenants and restrictions may be changed, repealed, or modified at any time, except those right of way easements of any public utility companies and any body or agency maintaining the roads in said subdivision may be changed only with consent of said company, companies, body or agency.

Section 2. Enforcement.

Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person, firm, or corporation violating or attempting to violate any covenant or restriction, either to restrain violation or recover damages. Failure of the Developer its successors or assigns, to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter.

Section 3. Severability.

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