Declaration of Master Covenants, Conditions and Restrictions for Lochmere
THIS DECLARATION, made this 20th day of September, 1984, by MACGREGOR
DEVELOPMENT COMPANY, a North Carolina corporation with its principal
office and place of business In Wake County, North Carolina, and J.P.
GOODSON ENTERPRISES, INC., a North Carolina corporation with its
principal office and place of business in Wake County, North Carolina
hereinafter collectively referred to as the Declarant;
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Swift Creek Township,
County of Wake, State of North Carolina, and other persons and/or entities
joining in the execution of these Master Covenants are owners of portions
of the property herein described In attached Exhibit A all of which is
more particularly described as:
SEE ATTACHED EXHIBIT A
AND WHEREAS, Declarant will convey the said properties subject to
certain protective covenants, conditions, restrictions, reservations,
and charges as hereinafter set forth; and
WHEREAS, Declarant has heretofor conveyed portions of that property
described in attached Exhibit A to other persons and/or entities and
those persons and/or entities have joined with Declarant in the
execution of this document for the purpose of subjecting those
previously conveyed tracts or parcels of land to these Master Covenants;
and
WHEREAS, Declarant desires to create thereon a planned community with
a mix of housing types; and
WHEREAS, Declarant desires to provide for the preservation and enhancement
of the property values, amenities and opportunities in said community
and for the maintenance of the properties and improvements thereon, and
to this end desires to subject the real property described in Exhibit
A together with such additions as may hereafter be made thereto to the
covenants, restrictions easements, charges, and liens hereinafter set
forth, each and all of which is and are for the benefit of said property
and each owner thereof; and
WHEREAS, Declarant has deemed it desirable for the efficient
preservation of the values and amenities in said community to create an
agency to which should be delegated and assigned the powers of owning,
maintaining and administering the community properties and facilities,
administering and enforcing the covenants and restrictions, collecting
and disbursing the assessments and charges hereinafter created, and
promoting the recreation, health, safety, and welfare of the residents;
and
WHEREAS, Declarant has incorporated under the laws of the State of
North Carolina the Lochmere Association as a non-profit corporation for
the purpose of exercising the functions, aforesaid, among others;
NOW, THEREFORE, Declarant and other persons and/or entities joined
herein hereby declare all of the property described herein in the
attached Exhibit A to be held, sold, and conveyed subject to the
following easements, restrictions, covenants, and conditions, all of
which shall run with the real property, shall be binding on all parties
having or acquiring any right, title, or interest in the described
properties or any part thereof, and shall inure to the benefit of each
owner thereof.
Page
I- Article I (Definitions), Article II (Common Area Ownership and
Maintenance)
Page
II- Article III (Land Use), Article IV (Architectural Control),
Article V (Membership and Voting Rights)
Page
III- Article VI (Assessments), Article VII (Easements)
Page
IV- Article VII (Annexation of Additional Properties), Article IX
(General Provisions)
Page
V- Article X (Dissolution or Insolvency of the Lochmere
Association), Article XI (VA and HUD Approval)
Exhibit
A
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