SW6170202_Deed Restriction/Protective Covenant Form_20240109 (7)

BK 1232 PG 1014
FILED Jun 15, 2018 01:20:14 pm
BOOK 01232 FILED
PAGE 1014 rFiRu 1019 HOKE COUNTY,NC
CAMILLE D.HURST
INSTRUMENT# 03440 REGISTER
RECORDING $26.00 OF DEEDS
EXCISE TAX (None) JOP
Prepared By and Return To:
L.Holden Reaves, Esq.
Reaves Law,PLLC
PO Box 53187
Fayetteville,NC 28305
SECOND AMENDMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BEDFORD COMMERCIAL
(Part of the Bedford Community)
[Annexation of Bedford Commercial East]
THIS SECOND 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").
In addition, Great Oaks Property Holdings, LLC, a North Carolina limited
liability company ("Great Oaks"), and Pelican Property Holdings, LLC, a North
Carolina limited liability company ("Pelican"), join in the execution hereof, for the
reasons stated herein.
WITNESSETH:
WHEREAS, Declarant previously executed that certain Declaration of Covenants,
Conditions and Restrictions for Bedford Commercial West which was recorded in Book
1195, Page 257, Hoke County,NC Registry, as amended by First Amendment recorded
in Book 1217, Page 1024 (together, the "Declaration");
WHEREAS, the Declaration applies to the commercial portion of the Bedford
planned community (on the western side of Bedford Drive), as shown on plat recorded in

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Plat Cabinet 4, Slide 4-99, Map 001, aforesaid Registry (the "Commercial Subdivision");
WHEREAS, pursuant to rights reserved in the Declaration, the Declarant desires
to annex additional land into the Commercial Subdivision, said additional land (the
"Additional Land") being described as "Lot 1", "Lot 2", "Lot 3", "Lot 4", "Lot 5",
"Future Development—6.327 Ac.", "Gridley Lane—30' Private Drive", and"Stormwater
Pond Area", all as shown on that certain plat entitled"Bedford Commercial East", said
plat having been duly recorded in Book 4112 , page 08 , aforesaid Registry
(the "Plat");
WHEREAS, in addition, pursuant to rights reserved in the Declaration, the
Declarant desires to make such complementary additions and/or modifications of the
covenants and restrictions contained therein with respect to the Additional Land, as well
as to make other modifications;
WHEREAS, the Additional Land is collectively owned by Declarant, Great Oaks
and Pelican;
WHEREAS, Great Oaks and Pelican have agreed to join in this Amendment so
that all owners of the Additional Land are made a party hereto;
WHEREAS, the parties hereto hereby agree as follows:
NOW, THEREFORE, pursuant to authority contained within Article III, Section 2
and 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:
1. The above recitals are hereby incorporated herein by reference;
2. The Additional Land is hereby annexed into the Commercial Subdivision;
and the Commercial Subdivision shall be subject to all restrictions and
obligations set forth in the Declaration, and shall also benefit from all
easements and other rights set forth therein;
3. The following complementary additions and/or modifications of the
covenants and restrictions set forth in the Declaration are hereby set forth
with respect to the Additional Land:
a. "Gridley Lane", a 30' private roadway, as shown on the Plat, is hereby
declared to be included in the definition of"Common Properties" or
"Common Areas."
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b. "Stormwater Pond Area", as shown on the Plat, is hereby declared to
be included in the definition of"Limited Common Area", and such shall
be limited common area exclusively shared by Lots 1, 2, 3, and 4. In
addition, subject to contingencies in the engineering and future
development of the Additional Land, such may also be a limited common
area for Lot 5 and the "Future Development—6.327 Ac." Lot, as the case
may be.
In addition, for clarification purposes, Article IV, Section 6 of the
Declaration is hereby amended such that any reference to Limited
Common Area therein shall additionally include the lots and/or property
referenced in this Section 3.b., as contextually appropriate.
c. The maximum built-upon area("BUA") per Lot, in square feet, is as
listed below:
Lot# BUA
1-4 47,323sf
5 74,289
Future Development 148,578
3. For clarification purposes, the Declarant hereby amends the Declaration
such that the Commercial Subdivision shall henceforth be known as
"BEDFORD COMMERCIAL" (and there shall no longer be any
distinction between"West" and"East");
4. Great Oaks and Pelican hereby join in this Amendment, as additional
owners of the Additional Property, it being their intent to subject the
Additional Land to the terms of the Declaration (and to consent to the
annexation of the Additional Land into the Commercial Subdivision and
all other provisions set forth herein);
5. 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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IN WITNESS WHEREOF, the undersigned parties have executed this
Amendment as of the date set forth in the below notary acknowledgments, with the latter
of such dates to comprise the effective date hereof.
DECLARANT:
H&M Bedford LLC
By: Ralph Hu- .o • Z'LLC, Member/Manager
B y at"
D. Ralph VI ff III, e i . '.ger
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
I 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 Member/Manager of Ralph Huff Holdings,LLC,a North Carolina limited liability company,
said company acting in its capacity as Member/Manager of H&M Bedford LLC,a Delaware limited
liability company.
ommummusilig
Date: d 3 May o2 018
Official Signature of Notary. NOTARY
MY
Notary's Printed Name: L l l\ in IeLr r 000MMISSION 81312020 p�gEsZ
My commission expires: g-J— .O-2 D N�, UBL�J� `�
1A ND `
[Affix Notary Seal or Stamp]
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BK 1232 PG 1018
Great Oaks Property Holdings,LLC
By: f/ �i•�-
Robert J. Williams V, President
STATE OF NORTH CAROLINA
COUNTY OF ell INA6tA ctr (,
I 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: Robert J.
Williams V, in his capacity as President of Great Oaks Property Holdings, LLC,a North Carolina limited
liability company.Date: 36 M 0.y do L ap
Official Signature of Notary:i_thgCP-OL.,
Notary's Printed Name:KteL.LCL S.<Shbo e.
My commission expires: g O(*aoaa
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[Affi,AVV S;amp]
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•
• BK 1232 PG 1019
Pelican Property Holdings, LLC
By: ,g;?..—e-A..a.,v.c?,,
Sharlene R. Williams, as Trustee of the
Sharlene R. Williams Revocable Trust u/a/d
7/23/2002, as amended from time to time, its
Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF CurnL c'l c id
I 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: Sharlene R.
Williams,as Trustee of the Sharlene R. Williams Revocable Trust u/a/d 7/23/2002,as amended from time
to time,said Trust acting in its capacity as Member/Manager of Pelican Property Holdings,LLC, a North
Carolina limited liabilityil company.
Date:30 Maq
Official Signature of Notary: t(rj _
Notary's Printed Name:'ebecc k '
My commission expires: Ol 4-c t S
[Affix Notwiet'rae p]
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