HomeMy WebLinkAboutSW6170202_Deed Restriction/Protective Covenant Form_20240109 (5) BK 1427 PG 0305 FILED ELECTRONICALLY
HOKE COUNTY NC
CAMILLE HURST
REGISTER OF DEEDS
FILED Feb 22, 2022
AT 01:32:30 PM
BOOK 01427
START PAGE 0305
END PAGE 0307
INSTRUMENT # 01593
EXCISE TAX
NL
Prepared By and Return To:
L. IIolden Reaves,Esq.
Reaves Law,PLLC
PO Box 53187
Fayetteville,NC 28305
FIFTH AMENDMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BEDFORD COMMERCIAL
(Part of the Bedford Community)
THIS FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR BEDFORD COMMERCIAL (this
"Amendment")is executed by H&M Bedford LLC, a Delaware limited liability
company("Declarant").
WITNESSETH:
WHEREAS,Declarant previously executed that certain Declaration of Covenants,
Conditions and Restrictions for Bedford Commercial which was recorded in Book 1195,
Page 257,Hoke County,NC Registry, as amended by First Amendment recorded in Book
1217,Page 1024, Second Amendment recorded in Book 1232,Page 1014,Third
Amendment recorded in Book 1356,Page 106, and Fourth Amendment recorded in Book
1385,Page 673 (together, the"Declaration");
WHEREAS,the Declaration applies to the Bedford Commercial subdivision as
described in the Declaration (the"Commercial Subdivision");
WHEREAS, the Commercial Subdivision remains within the Period of Declarant
Control;
WHEREAS,pursuant to authority contained within Article XI of the Declaration,
submitted electronically by "Reaves Law, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the Memorandum of understanding with
the Office of the Register of Deeds of Hoke County. NCGS 47-14(a1)(5).
BK 1427 PG 0306
the Declarant desires to further amend the Declaration; and
WHEREAS,the Declaration is hereby amended as follows:
NOW,THEREFORE,pursuant to authority contained within Article XI of the
Declaration(as well as pursuant to rights as may be found elsewhere in the Declaration);
and in consideration of the covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,Declarant
hereby amends the Declaration as follows:
I. The above recitals are hereby incorporated herein by reference.
2. Article IX, Section 2(d) of the Declaration is deleted in its entirety and
replaced with the following:
"(d) Any animal breeding or raising facilities,except that this prohibition
shall not prohibit pet shops,veterinary clinics,or boarding kennels(for cats and
dogs)."
3. Except as modified hereinabove, the Declaration shall remain in full force
and effect; and the terms and conditions of the Declaration are hereby
ratified and reaffirmed in their entirety. All capitalized terms used herein,
which are not expressly defined herein,shall have the meanings attributed
to them in the Declaration.
[The Remainder of This Page Intentionally Left Blank;
Signature Page Attached Hereto]
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BK 1427 PG 0307
IN WITNESS WHEREOF, the undersigned parties have executed this
Amendment as of the date set forth in the below notary acknowledgment.
DECLARANT:
II&M Bedford LLC
By: Ralph -Inf ,LL , em er
By:
D. Ralp I-Iuff II ger
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
1 certify that the following person personally appeared before me this day,each acknowledging to me that
he signed the foregoing document for the purpose stated therein and in the capacity indicated: D. Ralph
Huff III,as Manager of Ralph Huff Holdings,LLC.a North Carolina limited liability company,said
company acting in its capacity as Member of H&M Bedford LI,C,a Delaware limited liability company.
Date: 071 Fe.I)(LLci a,o a a
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Official Signature of Notary: /it.t.)140 7 Fikiii
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Notary's Printed Name: Si r ►.\ ev MY y
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My commission expires: e - 3-- a�Oc;Z 5 � o2B
[Affix Notary Seal or Stamp] si 9 ,c1
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