Wood Valley Covenants: book 2504, page 494

THIS WITHDRAWAL AND DECLARATION made this 11th day of May, 1977, by LEESVILLE DEVELOPMENT CORPORATION, ROBUCK HOMES, INC. and CREECH CONSTRUCTION COMPANY, all North Carolina corporations and LACY C. ANSELL and wife, DOROTHY J. ANSELL, of Wake County, North Carolina, hereinafter called 'Declarants';

W I T N E S S E T H:

That WHEREAS, the Declarants are the owners of the real property described in Article I of this Declaration and are desirous of subjecting said real property to the protective covenants hereinafter set forth., each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof; and

WHEREAS, Declarants desire to withdraw and revoke in its entirety the protective covenants recorded in Book 2484, Page 554, Wake County Registry.

NOW THEREFORE, the Declarants hereby withdraw and revoke the protective covenants recorded in Book 2484, Page 554, Wake County Registry, and hereby declare that the real property described in and referred to in Article I hereof is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth below.

The real property which is and shall be held, transferred, sold and conveyed subject to the Protective covenants set forth in the Articles of this Declaration is located in the County of Wake, State of North Carolina, and is more particularly described as follows:

No property other than that described above shall be deemed subject to the Declaration until specifically made subject hereto.

The Declarants may from time to time, subject additional real property to the Protective covenants and restrictions here' by appropriate reference hereto.

Each lot above described shall constitute a residential building site (hereinafter called building site') and shall be used for residential purposes only. The lay of the lots as shown on the recorded plat shall be substantially adhered to, however, with the prior written approval of Declarants, their heirs, successors or assigns, the size and shape of any building site may be altered provided that no building site or group of building sites may be resubdivided so as to produce a greater number of building sites. More than one lot may be used as one building site provided the location of any structure permitted thereon is approved in writing by Declarants, their heirs, successors or assigns. Except as provided in this paragraph, no structure shall be erected, altered, placed or permitted to remain on any building site, other than one detached single family dwelling not to exceed three stories in height, and a private garage. It is expressly provided however, that an efficiency apartment of not more than three rooms may also be constructed on any building site provided it is accompanied by the main dwelling referred to in the preceding sentence, which apartment may be occupied by domestic servants employed at said main dwelling on the same building site or may be used as a guest house. Such apartment shall not be used otherwise, and in no event shall such apartment be rented. Such efficiency apartment may not be constructed unless said main dwelling has first been constructed or unless they are constructed at the same time. In addition, Declarants reserve the right to erect and place temporary sales and construction offices on any lots still owned by them to be used only as such until such time as Woodvalley subdivision is completely developed and all lots sold.

No building, mail box, outside lighting, newspaper box, screen planting or other improvements shall be erected, placed or altered on any building site until the building plans, specifications and plot plans showing the location of such improvements on the building site have been approved in writing as to conformity and harmony of external design, and external materials with existing structures in the area and as to location with respect to topograph, lakes, finished ground elevation and neighboring structures by Declarants or their heirs, successors or assigns. In the event Declarants fail to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the erection of any building authorized in Article II hereof or the mak ing of any alterations thereto has been commenced prior to the completion thereof, such approval will not be required, and this covenant will be deemed to have been fully complied with.

All dwellings construction on lots in this subdivision shall have an enclosed area of the main structure, exclusive of basements, open porches and garages, of at least 1,800 square feet for a one story dwelling, provided, however, that a one story dwelling may have an enclosed area of the main structure of at least 1,700 square feet if at the time of construction of the main structure there is also constructed a garage having at least 200 square feet or a basement having at least 850 square feet, at least 2,000 square feet for a one and one-half story dwelling, at least 2,000 square feet for a two-story dwelling, at least 2,000 square feet exclusive of the third floor for a three-story dwelling, and at least 2,000 square feet of finished floor area for a split-level dwelling.

No dwelling shall be erected on any lot nearer to the front lot line than 50 feet, nor nearer to the side line than 20 feet; provided however, that on corner lots the dwelling may face front lot line than 50 feet, nor nearer to the side line than 20 feet; provided however, that on corner lots the dwelling may face either street and may be located not nearer than 30 feet to one street if the same is at least 50 feet from the other street. For the purpose of this convenant, eaves, steps and open porches shall not be considered as a part of the dwelling, provided, however, that this shall not be construed to permit any portion of a dwelling an a lot to encroach upon another lot.

No dwelling shall be erected or placed on any lot having a width less than 110 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 40,000 square feet, except that a dwelling may be erected or placed on all lots as shown on said recorded plat, regardless of width at the minimum building setback line or area in square feet.

No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No trade materials or inventories may be stored upon the premises. No business activity or trade of any kind whatsoever, which shall include but not be limited to the use of any residence as a doctor's office or professional office of any kind, a fraternity house, a rooming house, a boarding house, an antique shop or gift shop, shall be carried on upon any lot. Each lot owner shall provide receptacles for garbage in any area not visable from the front of the dwelling located on each lot.

No mobile home or trailer, shall be erected or placed on any lot covered by these covenants. A storage shed or bard (or both) may be permitted on a lot after a plot plan showing the proposed location and the plans and specifications or a photograph have been approved by Declarants, their heirs, successors or assigns. Travel trailers or other recreational vehicles may be parked behind the front of the dwelling on any lot covered by these covenants by the owners of such lot but such trailers or other vehicles may not be used as a residence either permanently or temporarily.

Declarants reserve the right to grant easements to utility companys for the.installation and maintenance of utility line to serve the lots covered by these covenants and other property owned by Declarants adjacent thereto.

No hunting or trapping shall be permitted on any lot covered by these coveaants.

No swine, poultry, goats or sheep shall be raised, bred or kept on any lot, and no animals may be bred or maintained for any commercial purpose.

No lot or portion thereof shall be dedicated or used for a public street without the written consent of the Declarants, their heirs, successors or assigns.

No fence, wall, hedge, or mass planting shall be erected or permitted to remain in front of the dwelling on any lot other than a three (3) rail split-rail fence.

Enforcement of these covenants shall be by proceedings at law or in equity against any person or persons violating the same, either to prevent such violation or to recover damages for such violation.

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

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these Covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the