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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] 2 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 \p�t�t►Ntuuunipii Official Signature of Notary: /it.t.)140 7 Fikiii Noti Notary's Printed Name: Si r ►.\ ev MY y $n MMisSioN EXPIRES s My commission expires: e - 3-- a�Oc;Z 5 � o2B [Affix Notary Seal or Stamp] si 9 ,c1 3