SW6140402_Deed Restriction/Protective Covenant Form_20240322

Bic CUMBERL
0 9 8 1 3 PG 0 8 3 3 FILED
AND COUNTY NC
J. LEE WARREN, JR.
REGISTER OF DEEDS
FILED Mar01, 2016
AT 03:21:29 pm
BOOK 09813
START PAGE 0833
END PAGE 0834
INSTRUMENT# 05996
RECORDING $26.00
EXCISE TAX (None)
RA
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE PRESERVE AT LAKE UPCHURCH COMMUNITY
Prepared by and return to:
Richard A.Galt,PLLC
2533 Raeford Road,Fayetteville,NC 28305
WITHOUT TITLE EXAMINATION
CUMBERLAND COUNTY
NORTH CAROLINA
This First Amendment to the Declaration of Covenants, Conditions And Restrictions For The
Preserve At Lake Upchurch Community (the "First Amendment") is made this 22' day of February,
2016 by BILL CLARK HOMES OF FAYETTEVILLE, LLC, a North Carolina limited liability
company, a North Carolina limited liability company (hereinafter referred to as "BCH"). BCH states and
declares as follows:
A. BCH, as "Declarant", previously made that certain Declaration of Covenants, Conditions
And Restrictions For The Preserve At Lake Upchurch Community recorded January 15, 2015 at Book
9577, Page 767 of the Cumberland County,North Carolina Registry, as supplemented by that certain
Supplemental Declaration of Covenants, Conditions And Restrictions For The Preserve At Lake
Upchurch Community, Phase One, Section Two ,recorded February 9, 2015 at Book 9590, Page 597 of
the Cumberland County,North Carolina Registry(the"Declaration").
B. Section 3 of Article XIII of the Declaration provides that for so long as Declarant owns
any Lot within the Subdivision,this Declaration may be amended by the Declarant, without the consent or
joinder of any other Owner or the Association.
C. BCH is an Owner of Lots in the Subdivision.
D. BCH now desires to amend the Declaration pursuant to Section 3 of Article XIII of the
Declaration.

6K09813 P60834
THEREFORE, BCH hereby amends the Declaration as follows:
1. The last sentence of Section 2 of Article IV-A of the Declaration is hereby deleted in its
entirety and replaced with the following:
"In no event shall any boat dock or pier, other than one maintained by the Declarant or the
Association,extend more than thirty(30)feet from the Mean Water Line."
2. All defined terms not defined herein shall have the meanings ascribed to them in the
Declaration. Except as amended herein, all terms and provisions of the Declaration remain unmodified.
As amended herein, the Declaration remains in full force and effect.
IN WITNESS WHEREOF, the BCH has caused this First Amendment to be executed as of the
date first stated above.
BILL CLARK HOMES OF FAYETTEVILLE,LLC,
A North Carolina limited liability company
(SEAL)
Brian Walker,Manager
STATE OF NORTH CAROLINA )
COUNTY OF CUMBERLAND )
k f; ,a Notary Public for 41%i (%avOrb?,do hereby certify that Brian
Walker, Manager of Bill Clark Homes of Fayetteville, LLC, a NC limited liability company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf
of said limited liability company.
26*Witness my hand and seal this e "day of remacy. ,
LEE
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,� Roo,,
Notary Public NOTA moo;
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My comm. expires: 1—;
I-1gIca AVBLIG
(N.P. SEAL)
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